Rhode Island 2023 Regular Session

Rhode Island House Bill H5978 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 5978
6	6	========
7	7	LC001835
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 STATE AFFAIRS AND GOVERNMENT -- HOUSING DEVELOPMENT
16	16	FUND
17	17	Introduced By: Representatives Speakman, Tanzi, Cruz, Potter, Henries, Morales, Kislak,
18	18	Felix, and Slater
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House Finance
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
25	25	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 55.2 3
27	27	HOUSING DEVELOPMENT FUND 4
28	28	42-55.2-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "Housing Development Fund." 6
30	30	42-55.2-2. Definitions. 7
31	31	As used in this chapter: 8
32	32	(1) "Affordable housing unit" means a unit that may be rented or sold to any individual 9
33	33	classified as "very low-income," "low-income" or "moderate income" as those terms are defined in 10
34	34	federal law measured at the time of the purchase or for the duration of a rental tenancy of an eligible 11
35	35	unit. 12
36	36	(2) "Applicant" means a developer or occupant applying for a grant of money or land, or 13
37	37	loan or conditional loan under this chapter. 14
38	38	(3) "Business" means an entity registered with the secretary of state including, but not 15
39	39	limited to, a corporation as defined in § 44-11-1, a nonprofit corporation, benefit corporation, 16
40	40	limited liability company, and/or an unregistered business formed as a partnership, association or 17
41	41	sole proprietorship. 18
42	42
43	43
44	44	LC001835 - Page 2 of 32
45	45	(4) "Capital investment" in a development or development project means costs or expenses 1
46	46	by a business or any affiliate of the business incurred after application for: real estate asset 2
47	47	acquisition, site preparation, construction, repair, renovation, improvement, equipping, or 3
48	48	furnishing on real property or of a building, structure, facility, or improvement to real property. 4
49	49	(5) "Department" means the department of housing established pursuant to §42-64.34-1. 5
50	50	(6) "Developer" means a person, firm, corporation, partnership, association, political 6
51	51	subdivision, public housing authority or other entity, whether for-profit or not-for-profit, that 7
52	52	proposes to divide, divides, or causes to be divided real property into a subdivision or proposes to 8
53	53	build, or builds a building or buildings or otherwise improves land or existing structures, which 9
54	54	division, building, or improvement of land qualifies for benefits under this chapter. 10
55	55	(7) "Fund" means the housing development fund created pursuant to this chapter. 11
56	56	(8) "Market rate housing unit" means a unit that may be sold to any individual earning any 12
57	57	amount without any income restriction and is sold at fair market value. 13
58	58	(9) "Occupant" means a resident as a tenant, owner, or joint venture partner, occupying 14
59	59	space pursuant to a lease or other occupancy agreement within any structure or building developed 15
60	60	on land which is subject to assistance being provided from the fund. 16
61	61	(10) "Owner-occupant" is an "occupant" who resides in a building or structure and is the 17
62	62	title holder of the parcel upon which the building or structure is situated. 18
63	63	(11) "Project cost" means the costs incurred in connection with a project by an applicant 19
64	64	until the issuance of a permanent certificate of occupancy, or until such other time specified by the 20
65	65	secretary of housing. 21
66	66	(12) "Project financing gap" means: the part of the total project cost that remains to be 22
67	67	financed after all other sources of capital have been accounted for (such sources will include, but 23
68	68	not be limited to, developer-contributed capital), which shall be defined through rules and 24
69	69	regulations promulgated by the department of housing. 25
70	70	(13) "Real estate assets" shall be defined to include, but not be limited to: land, buildings, 26
71	71	fixtures, improvements, easements, rights-of-way, and all other rights of ownership, possession 27
72	72	and/or use associated with real property. 28
73	73	(14) "Workforce related housing unit" means a unit that may be sold to any individual 29
74	74	earning above the threshold for an affordable housing unit, but below the maximum threshold set 30
75	75	pursuant to 26 U.S.C. § 143 as measured at the time of the purchase of an eligible unit or as may 31
76	76	otherwise be defined by federal law. 32
77	77	42-55.2-3. Establishment of the fund -- Uses -- Composition. 33
78	78	(a) The housing development fund (the "fund") is hereby established under the jurisdiction 34
79	79
80	80
81	81	LC001835 - Page 3 of 32
82	82	of and shall be administered by the department of housing in order to promote the development, 1
83	83	redevelopment and update of housing in order to make housing more affordable and more available 2
84	84	in the state. 3
85	85	(b) The uses of the fund include: 4
86	86	(1) Financing real estate asset acquisition by the department for the land bank described in 5
87	87	chapter 55.3 of title 42; 6
88	88	(2) Filling project financing gaps for residential and multifamily real estate projects eligible 7
89	89	under the criteria created pursuant to § 42-165-6; 8
90	90	(3) Financing public infrastructure and public facilities to support or enhance residential 9
91	91	development projects on land owned by the land bank or projects qualifying for development under 10
92	92	§ 42-165-6 including transportation, utility services such as water, sewer, electrical, and Internet 11
93	93	communications, parks, greenways, playgrounds and recreational spaces, and community facilities. 12
94	94	(4) Hiring of per diem, project based, part-time, or seasonal staff as determined to be 13
95	95	necessary by the secretary of housing to assist municipalities in the planning and/inspection of 14
96	96	potential projects and projects that are provided assistance from the fund. 15
97	97	(5) Provide support for voluntary "wraparound services" for those occupying housing units 16
98	98	completed with assistance from the fund to include, but not be limited to: 17
99	99	(i) Coordination with other agencies to ensure social worker assignment; 18
100	100	(ii) Assignment to an accountable care organization; 19
101	101	(iii) Financial literacy training; 20
102	102	(iv) Assistance in obtaining access to mental, social and behavioral health supports and 21
103	103	treatments; 22
104	104	(v) Substance abuse recovery; and 23
105	105	(vi) Other supports for residents to maintain their ability to fulfill the requirements of 24
106	106	tenancy as determined by the department. 25
107	107	(c) The fund shall consist of: 26
108	108	(1) Money appropriated from the American Recovery Program Act funds allocated to the 27
109	109	state; 28
110	110	(2) Money appropriated in the state budget to the fund; 29
111	111	(3) Money made available to the fund through federal programs or private contributions; 30
112	112	(4) Repayments of principal and interest from loans made from the fund; 31
113	113	(5) Proceeds from the sale, disposition, lease, or rental of collateral related to financial 32
114	114	assistance provided under this chapter; 33
115	115	(6) Application or other fees paid to the fund to process requests for financial assistance; 34
116	116
117	117
118	118	LC001835 - Page 4 of 32
119	119	(7) Recovery made by the department or on the sale of an appreciated asset in which the 1
120	120	department has acquired an interest under this chapter; and 2
121	121	(8) Any other money made available to the fund. 3
122	122	(d) No assets in the fund shall be subject to attachment, execution, lien or other legal 4
123	123	process, judicial or administrative, in law or in equity, except when a particular asset within the 5
124	124	fund is pledged as security for any loan agreement and in such case the particular asset shall be 6
125	125	subject to lien, attachment or execution for satisfaction of the loan only and no other assets in the 7
126	126	fund shall be taken, reached or applied. 8
127	127	42-55.2-4. Assistance -- Powers of the department -- Reports. 9
128	128	(a) An applicant seeking assistance under this chapter shall submit a request to the 10
129	129	department pursuant to an application procedure prescribed by the secretary of housing. 11
130	130	(b) Any approval for funding under this chapter may only be granted under the authority 12
131	131	of the secretary of housing. 13
132	132	(c) The secretary may set the terms and conditions for assistance under this chapter by 14
133	133	regulation, program design, request for proposals or other predetermined method for which 15
134	134	applicants may apply. 16
135	135	(d) The secretary shall publish a report on the fund at the end of each fiscal year. The report 17
136	136	shall contain information on the commitment, disbursement, and use of funds allocated under the 18
137	137	fund. The report shall also, to the extent practicable, track the impact of projects that have been 19
138	138	completed using the fund including, but not limited to, information on housing availability and 20
139	139	economic data. The report is due no later than sixty (60) days after the end of the fiscal year, and 21
140	140	shall be provided to the speaker of the house of representatives, the president of the senate and the 22
141	141	secretary of commerce. 23
142	142	42-55.2-5. Severability. 24
143	143	If any clause, sentence, paragraph, section or part of this chapter shall be judged by any 25
144	144	court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate 26
145	145	the remainder thereof, but it shall be confined in its operation of the clause, sentence, paragraph, 27
146	146	section or part directly involved in the controversy in which that judgment shall have been rendered. 28
147	147	Notwithstanding the foregoing, in the event that any term or provision is judged by any court of 29
148	148	competent jurisdiction to be invalid, the general assembly shall promptly act to address such clause, 30
149	149	section, sentence, paragraph, or part directly involved in which the subject judgment shall have 31
150	150	been rendered in order to provide, as near as practicable, the result originally intended by such 32
151	151	clause, section, sentence, paragraph or part without running contrary to such judgment. 33
152	152	SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND 34
153	153
154	154
155	155	LC001835 - Page 5 of 32
156	156	GOVERNMENT" is hereby amended by adding thereto the following chapter: 1
157	157	CHAPTER 55.3 2
158	158	DEPARTMENT OF HOUSING LAND BANK PROGRAM 3
159	159	42-55.3-1. Establishment of program. 4
160	160	There is hereby established a program to be operated by the department of housing called 5
161	161	the "housing land bank." 6
162	162	42-55.3-2. Establishment of account. 7
163	163	The department shall establish an account into which title to real estate assets shall be 8
164	164	deposited and held for use in the housing programs described in chapters 55.2 and 165 of this title. 9
165	165	42-55.3-3. Acquisition of property and deposit into the land bank. 10
166	166	(a) The department may acquire real property or interests in real property by gift, devise, 11
167	167	transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner 12
168	168	the department considers proper and deposit such property into the land bank. 13
169	169	(b) The department may use its own funds or funds in the housing development fund 14
170	170	created pursuant to chapter 55.2 of this title to acquire real property by purchase contracts, lease 15
171	171	purchase agreements, installment sales contracts, and/or land contracts, and may accept transfers 16
172	172	from municipalities, other quasi-public entities, nonprofit entities or the state upon such terms and 17
173	173	conditions as agreed to by the department and the municipality, entity or state. 18
174	174	(c) Notwithstanding any other law to the contrary, any municipality may freely transfer to 19
175	175	the land bank real property and interests in real property of the municipality on such terms and 20
176	176	conditions and according to such procedures as determined jointly by the municipality and the 21
177	177	department. 22
178	178	(d) The acquisition of real property by the department pursuant to this section, from entities 23
179	179	other than political subdivisions, shall be limited to real property that is tax delinquent, tax 24
180	180	foreclosed, subject to municipal receivership, vacant or abandoned, or unimproved land; provided, 25
181	181	however, that the land bank shall have authority to enter into agreements to purchase other real 26
182	182	property consistent with an approved development plan in accordance with chapter 165 of this title. 27
183	183	42-55.3-4. Public inspection of records. 28
184	184	(a) The department shall maintain and make available for public review and inspection a 29
185	185	complete inventory of all property received by the department for deposit into the land bank. Such 30
186	186	inventory shall include: the location of the parcel; the purchase price, if any, for each parcel 31
187	187	received; the current value assigned to the property for purposes of real property taxation; the 32
188	188	amount, if any, owed to the locality for real property taxation or as a payment in lieu of taxes; the 33
189	189	identity of the transferor; and any conditions or restrictions applicable to the property. 34
190	190
191	191
192	192	LC001835 - Page 6 of 32
193	193	(b) All parcels received by the department and deposited into the land bank shall be listed 1
194	194	on the received inventory established pursuant to subsection (a) of this section within one week of 2
195	195	acquisition and shall remain in such inventory for one week prior to disposition. Such inventory 3
196	196	shall be listed on a website for the department accessible to the public. 4
197	197	42-55.3-5. Departmental authority to reject proposed transfers of property. 5
198	198	The department is hereby allowed to reject any proposed transfer of any real estate asset 6
199	199	for any reason including, but not limited to, polluted, contaminated or problematic parcels which 7
200	200	would, in the judgment of the department, create a harm to the finances, operations or interests for 8
201	201	the land bank, the department or the state. 9
202	202	42-55.3-6. Property in the land bank exempt from legal process. 10
203	203	(a) Any land deposited into the land bank shall not be subject to attachment, execution or 11
204	204	any judicial or administrative process during the period it is held by the department, unless that 12
205	205	parcel or asset is pledged as security for any loan agreement made for funding improvements related 13
206	206	to that parcel in which case such process shall be available against that asset only, and no liens, 14
207	207	fines, penalties, assessments or other charges shall be made against the property, the land bank, the 15
208	208	department or the state for any reason during the period it is held in the land bank. 16
209	209	(b) In the event there is a division in the freehold interest where only a portion of the rights 17
210	210	related to the property is located in the land bank, the remainder may be made subject to legal 18
211	211	process as long as such process does not act to divest the land bank of any of its attributes of 19
212	212	ownership or ability to develop the property. 20
213	213	(c) In the event of a divided ownership where a portion of the fee or property interest is 21
214	214	held by the land bank or any other conflict in ownership which may arise under this section, the 22
215	215	department may petition the superior court for partition in which after the required notice and 23
216	216	service of process is completed upon confirmatory motion, the land bank shall be awarded and 24
217	217	receive the whole fee simple interest by way of an interim order or a final judgment. An interim 25
218	218	order or a final judgment constitutes a recordable order which shall be considered binding in the 26
219	219	chain of title and any of the remainder portion claimed by another owner or creditor shall be subject 27
220	220	to owelty under the law or in equity based on the value of the interest transferred to the land bank. 28
221	221	Neither the department nor any land subject to such a partition action shall be restrained nor 29
222	222	enjoined and no equitable order shall issue to prevent the development of the property by the 30
223	223	department or its applicant or assignee. 31
224	224	42-55.3-7. Required review of surplus land by state and municipal entities. 32
225	225	(a) Conduct of required review. All state and municipal public bodies and quasi-public 33
226	226	entities shall conduct a review of real estate assets owned by or under the control of the body or 34
227	227
228	228
229	229	LC001835 - Page 7 of 32
230	230	quasi-public entity and determine which real estate assets are not under current use or planned use 1
231	231	by December 31, 2023. 2
232	232	(b) Real estate asset planning. Each state and municipal public body and quasi-public entity 3
233	233	shall create a long-term plan for those real estate assets not in current use. Such a plan shall provide 4
234	234	an estimated date when each real estate asset will be employed for use by the agency, what the 5
235	235	proposed use will be, and if known, the estimated costs to develop the land for the proposed use. 6
236	236	(c) A list of all real estate assets which are not in use shall be submitted to the department 7
237	237	along with a list of those parcels for which there are plans to put said parcel to use within ten (10) 8
238	238	years and evidence of what that use will be. 9
239	239	(d) The department will evaluate each parcel submitted to the department, along with the 10
240	240	proposed use for each parcel so denominated by each public body, for the appropriateness for 11
241	241	development into residential housing units. A copy of the list shall also be provided to the state 12
242	242	properties committee. 13
243	243	(e) Notice to the department. If the department determines that a particular parcel listed on 14
244	244	any list required in subsections (b) and (c) of this section is determined to be appropriate for 15
245	245	residential real estate development, the department shall provide notice to the state or municipal 16
246	246	public body or quasi-public agency that is in control of or owns the parcel. 17
247	247	(f) Required donation or sale to land bank. Upon a determination by the department that a 18
248	248	particular real estate asset listed pursuant to subsection (d) of this section is suitable for residential 19
249	249	real estate development and the department has determined that it desires to acquire the real estate 20
250	250	asset for the land bank, if said parcel is not listed as being planned for use within the next ten (10) 21
251	251	years, the state or municipal public body or quasi-public agency, as applicable, shall be required, 22
252	252	upon notice by the department, to enter into a negotiation with the department for the transfer of 23
253	253	the parcel to the land bank. If the department and the state or municipal public body or quasi-public 24
254	254	agency cannot agree on a transfer value, then establishment of a value through binding arbitration 25
255	255	by a panel comprising of three (3) licensed real estate appraisers licensed to appraise the particular 26
256	256	type of property at issue shall be required with one appointed by the department, one by the owner 27
257	257	of the parcel and one chosen by the two (2) appraisers. The middle appraisal shall be considered 28
258	258	the final purchase price subject to acceptance by the department. If the value is such that the 29
259	259	department desires to continue with the purchase, then the state or municipal public body or quasi-30
260	260	public agency shall be required to consummate the sale. 31
261	261	(g) Parcels exempt from the required donation or sale. The following real estate assets shall 32
262	262	be exempt from the required sale procedure in subsection (f) of this section: 33
263	263	(1) All real estate assets under the control of the Quonset development corporation within 34
264	264
265	265
266	266	LC001835 - Page 8 of 32
267	267	the Quonset business park; 1
268	268	(2) All real estate assets under the control of the Rhode Island airport corporation; 2
269	269	(3) All real estate assets under the control of the department of transportation held for 3
270	270	proposed roads, highways, railways or other transportation infrastructure; 4
271	271	(4) All real estate assets under the control of the Rhode Island public transit authority; 5
272	272	(5) All real estate assets in the immediate vicinity of the state house and state offices in the 6
273	273	capitol district as bounded westerly by Interstate 95, southerly by Memorial Boulevard, northerly 7
274	274	by Orms Street and easterly (from north to south) by Charles Street then by Mill Street and then by 8
275	275	the Moshassuck River; 9
276	276	(6) All real estate assets connected with judicial branch activities; 10
277	277	(7) All real estate assets controlled by the department of corrections; 11
278	278	(8) All real estate assets controlled by the university of Rhode Island; 12
279	279	(9) All real estate assets controlled by Rhode Island college that are located in Providence; 13
280	280	(10) All real estate assets located in Cranston at the John O. Pastore Center or in its 14
281	281	immediate vicinity; 15
282	282	(11) All real estate assets controlled by the office of veterans' services in the vicinity of the 16
283	283	Rhode Island veterans' cemetery and the Rhode Island veterans' home; 17
284	284	(12) All real estate assets related to Eleanor Slater Hospital including, but not limited to, 18
285	285	facilities in Cranston and Burrillville; 19
286	286	(13) All assets located in a flood zone; 20
287	287	(14) All assets located in a wetland designated by the department of environmental 21
288	288	management; 22
289	289	(15) All assets located within the jurisdiction of the coastal resources management council; 23
290	290	(16) All real estate assets which are subject to any farm, forest or open space restriction 24
291	291	against building through the department of environmental management, any agricultural 25
292	292	conservancy trust, or any not-for-profit entity or trust; 26
293	293	(17) All state parks, conservation areas, management areas, beaches, fishing areas and 27
294	294	other sites subject to the management and/or control of the department of environmental 28
295	295	management; 29
296	296	(18) All parcels designated by the director of the department of emergency management as 30
297	297	necessary for emergency preparation purposes; 31
298	298	(19) All parcels abutting or adjacent to hospitals and healthcare facilities that are reserved 32
299	299	for future expansion of the healthcare or hospital facility; 33
300	300	(20) Real estate assets subject to the control or oversight of the I-195 redevelopment 34
301	301
302	302
303	303	LC001835 - Page 9 of 32
304	304	commission; 1
305	305	(21) Real estate assets owned, controlled or overseen by the Rhode Island historical 2
306	306	preservation & heritage commission; and 3
307	307	(22) Any property being operated as a farm, for recreational purposes, open space, or as a 4
308	308	water supply or for the provision of utilities or serves as a buffer to any watershed, water supply or 5
309	309	utility. 6
310	310	(h) Donation or sale prior to disposition. Prior to any disposition of any real estate asset by 7
311	311	any state or municipal public body or quasi-public agency through sale, long-term lease of more 8
312	312	than five (5) years, surplus of property, auction, donation or other method, notice shall be provided 9
313	313	to the department along with the opportunity to timely evaluate the property and decide whether to 10
314	314	exercise an option to purchase or decline to purchase the parcel which shall not be less than forty-11
315	315	five (45) days. Notice of the proposed auction date, sale date or date of the disposition shall be 12
316	316	provided to the department. Unless a public auction or sale is required pursuant to other law or 13
317	317	judicial order, the department shall have the right of first refusal for purchase of the real estate asset 14
318	318	by the land bank at: 15
319	319	(1) The advertised price, or, if none, then; 16
320	320	(2) At the price offered by an alternative buyer, or, if none, then; 17
321	321	(3) At the lowest price acceptable to the selling entity if acceptable to the department. The 18
322	322	department shall inform the selling agency of its decision to exercise its right of first refusal prior 19
323	323	to the auction date, sale date or disposition date contained in the original notice. 20
324	324	SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND 21
325	325	GOVERNMENT" is hereby amended by adding thereto the following chapter: 22
326	326	CHAPTER 165 23
327	327	DEPARTMENT OF HOUSING RESIDENTIAL DEVELOPMENT PROGRAMS 24
328	328	42-165-1. Definitions. 25
329	329	(a) As used in this chapter, words and terms, shall have the meaning set forth in § 42-55.2-26
330	330	2 unless this chapter provides a different meaning or unless the context indicates a different 27
331	331	meaning or intent. 28
332	332	(b) Within this chapter, the following words and terms shall have the following meanings 29
333	333	unless the context indicates a different meaning or intent: 30
334	334	(1) "Department" means the department of housing established pursuant to § 42-64.34-1. 31
335	335	(2) "Foreclosing governmental unit" means any municipality, water service, sewer provider 32
336	336	with the power to sell a property through chapter 9 of title 44 or with the power to foreclose as well 33
337	337	as the "department." 34
338	338
339	339
340	340	LC001835 - Page 10 of 32
341	341	(3) "Housing structures" means a building or structure containing one or more "housing 1
342	342	units." 2
343	343	(4) "Housing units" means a building or a portion of a building which is conveyed or rented 3
344	344	to a single family for their occupancy. Such units shall be separate from all other units in a structure 4
345	345	and contain separate rooms for each of the following purposes: at least one bathroom with a shower 5
346	346	and/or tub unit, one kitchen with a refrigerator, kitchen sink and cooking appliances, a living or 6
347	347	common family space, at least two (2) bedrooms, and a closed space for utilities and mechanicals 7
348	348	servicing the unit. 8
349	349	(5) "Land bank" means housing land bank established in § 42-55.3-1. 9
350	350	(6) "Secretary" means the secretary of housing appointed pursuant to § 42-64.34-1. 10
351	351	(7) "State and municipal public bodies" means, the state, any city, any town and any 11
352	352	executive, legislative, judicial, regulatory, or administrative body of the state, or any political 12
353	353	subdivision thereof; including, but not limited to: any department, division, agency, commission, 13
354	354	board, office, bureau, authority; any school, fire, or water district, or other agency of Rhode Island 14
355	355	state or local government. 15
356	356	42-165-2. Creation of programs. 16
357	357	The department of housing is hereby authorized to create and establish programs for 17
358	358	promoting and encouraging the preservation, expansion and sound development of new and 18
359	359	existing residential housing units thereby increasing the housing security of the citizens of this state 19
360	360	in safe and affordable housing which shall also promote the economic development of the state by 20
361	361	ensuring safety for its workforce and families. 21
362	362	42-165-3. General powers. 22
363	363	(a) Except to the extent inconsistent with any specific provision of this chapter, the 23
364	364	department shall have and may exercise all general powers set forth in chapters 55.2, 55.3 and 24
365	365	64.34 of this title necessary or convenient to effect its purposes, which shall include the powers to 25
366	366	acquire and to dispose of real property, subject to the provisions of this chapter, without the 26
367	367	necessity of obtaining the approval of the state properties committee or otherwise complying with 27
368	368	the provisions of title 37 and to dispose of projects as provided for in § 42-64-11. 28
369	369	(b) The department is further authorized: 29
370	370	(1) To ask, demand, recover, collect, receive, hold, and possess all sums of money, debts, 30
371	371	dues, goods, wares, merchandise, chattels, effects, bonds, notes, checks, drafts, accounts, deposits, 31
372	372	safe deposit boxes, interests, dividends, stock certificates, certificates of deposit, insurance benefits 32
373	373	and proceeds, documents of title, personal and real property, tangible and intangible property, and 33
374	374	property rights, liquidated or unliquidated, that now are, or hereafter, shall be, or become, due, 34
375	375
376	376
377	377	LC001835 - Page 11 of 32
378	378	owing, or payable in respect to the property, and upon receipt thereof, or of any part thereof, to 1
379	379	make, sign, execute, and deliver such receipts, releases, or other discharges for the same as the 2
380	380	secretary shall deem proper and deliver the amounts required to the housing development fund 3
381	381	created by chapter 55.2 of this title. 4
382	382	(2) To lease, purchase, exchange and acquire, and to bargain, contract, and agree for the 5
383	383	lease, purchase, exchange, and acquisition of, and to take, receive, possess, and manage any real or 6
384	384	personal property related in any way to the property, tangible and intangible, or any interest therein. 7
385	385	(3) Subject to the right of any tenant under chapter 18 of title 34, to enter into and upon all 8
386	386	and each of the real properties constituting a part of, or related in any way, to the property, and to 9
387	387	let, manage, and improve the real property or any part thereof, and to repair or otherwise improve 10
388	388	or alter, and to insure any buildings or structures thereon. 11
389	389	(4) Subject to the provisions of this chapter, to market and sell, either at public or private 12
390	390	sale, or exchange any part or parts of the real or personal properties, including indebtedness or 13
391	391	evidence thereof, constituting a part of or related in any way to the property, including sales on 14
392	392	credit, and for that purpose to execute and receive all promissory notes, bonds, mortgages, deeds 15
393	393	of trust, security agreements, and other instruments that may be necessary or proper, and to bargain, 16
394	394	contract, and agree with respect to the sale or exchange of such properties; and to execute and 17
395	395	deliver good and sufficient deeds, bills of sale, assignments, or other instruments or endorsements 18
396	396	for the conveyance or transfer of the same; and to give receipts for all or any part of the purchase 19
397	397	price or other consideration. 20
398	398	(5) To sign, endorse, execute, acknowledge, deliver, receive, and possess such applications, 21
399	399	contracts, agreements, options, covenants, deeds, conveyances, trust deeds, mortgagees deeds, 22
400	400	security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of lading, 23
401	401	warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of exchange, 24
402	402	notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts, and 25
403	403	deposit instruments relating to accounts or deposits in, or certificates of deposit of, banks, savings 26
404	404	and loan or other institutions or associations, proofs of loss, evidences of debts, releases, and 27
405	405	satisfactions of mortgages, judgments, liens, security agreements, and other debts and obligations, 28
406	406	and other instruments in writing of whatever kind and nature as may be necessary or proper in the 29
407	407	exercise of the rights and powers herein granted. 30
408	408	(6) To enter into subordination agreements, inter-creditor agreements, reinstatement 31
409	409	agreements, "stand still" and "stand-by" agreements, modification agreements, forbearance 32
410	410	agreements, and other contracts having the effect of subordinating, modifying, renewing, 33
411	411	restructuring or otherwise altering the rights, obligations, or liabilities of the department or its 34
412	412
413	413
414	414	LC001835 - Page 12 of 32
415	415	predecessors, under or with respect to any indebtedness, property, or other assets constituting or 1
416	416	securing any property. 2
417	417	(7) To make demands, give notices of default, notices of intention to accelerate, notices of 3
418	418	acceleration, or such other notices as the department deems necessary or appropriate, and to take 4
419	419	other actions and exercise other rights that may be taken under the terms of any loan agreements, 5
420	420	security agreements, guaranties, or other documents or agreements evidencing, or otherwise 6
421	421	relating to, the property, including foreclosure, lease, sale, taking possession of, realization upon, 7
422	422	or any other disposition of any property or any collateral therefor or guarantee thereof. 8
423	423	(8) To exercise any powers and any duties previously vested in the commerce corporation 9
424	424	or now vested in the department as a partner, joint venture, participant, or other joint-interest holder 10
425	425	with respect to any property, or to concur (or not) with persons jointly interested with the 11
426	426	department in any property. 12
427	427	(9) With respect to the property: 13
428	428	(i) To sue on, or otherwise prosecute, any claim or cause of action, or commence or seek 14
429	429	any legal, equitable, or administrative or other remedy in any legal, administrative, arbitration, 15
430	430	mediation, or other proceeding whatsoever (including, non-judicial repossessions and foreclosures 16
431	431	or similar actions to recover collateral); 17
432	432	(ii) To defend, or otherwise participate for, or in the name of, the department in any legal, 18
433	433	administrative, arbitration, mediation, or other proceedings; 19
434	434	(iii) To process, determine, or adjudge any claim or cause of action for, or in the name of, 20
435	435	the department; 21
436	436	(iv) To compromise, settle, discharge or resolve, or make, execute, or deliver any 22
437	437	endorsements, acquittances, releases, receipts, or other discharges of any claim, cause of action, 23
438	438	determination, judgment, or other proceeding for, or in the name of, the department; and 24
439	439	(v) To prepare, execute, and file ad valorem, franchise and other tax returns, protests and 25
440	440	suits against taxing authorities, and to prepare, execute, and file other governmental or quasi-26
441	441	governmental reports, declarations, applications, requests and documents in connection with any 27
442	442	property, and to pay taxes in connection with the property as the department deems necessary or 28
443	443	appropriate, or as otherwise required by law. 29
444	444	(10) To own, hold, improve, operate, manage, and regulate utilities for properties subject 30
445	445	to its control or ownership and to establish rates, fees, and charges, to adopt regulations, and to 31
446	446	impose penalties for any services or utilities it provides, or causes to have available, and to have 32
447	447	functions and exercise powers as necessary and appropriate as the successor to the commerce 33
448	448	corporation under the provisions of §§ 42-64-4, 42-64-7.4, 42-64-7.8, 42-64-7.9 and 42-64-9.1 34
449	449
450	450
451	451	LC001835 - Page 13 of 32
452	452	through 42-64-9.10, inclusive or under its own authority as granted by law. 1
453	453	(11) Subject to the provisions of this chapter, to enter into agreements with any city, town, 2
454	454	district, or public corporation with regard to application and/or administration of zoning or other 3
455	455	land use ordinances, codes, plans, or regulations, and cities, towns, districts, and public 4
456	456	corporations are hereby authorized and empowered, notwithstanding any other law to the contrary, 5
457	457	to enter into such agreements with the department and to do all things necessary to carry out their 6
458	458	obligations under such agreements. 7
459	459	(12) To be exempt from taxation for projects which have not been completed, to pay 8
460	460	twenty-five percent (25%) of the real estate taxes owed to a municipality for projects which have 9
461	461	been completed and where a housing unit is in the possession of the department, and to enter into 10
462	462	agreements for payments in lieu of taxes in the same manner as provided for in § 42-64-20. Any 11
463	463	payments in lieu of taxes for housing completed under this chapter with the assistance of funds or 12
464	464	property provided pursuant to chapter 55.2 and/or 55.3 of this title shall be exempt from the 13
465	465	calculation of the maximum tax rate and/or levy under § 44-5-2. 14
466	466	(13) To purchase and obtain water supply and water service from any city, town, water 15
467	467	district, or other water supply authority. In particular, the department is authorized to: 16
468	468	(i) Enter into agreements or contracts with any city, town, water district, or other water 17
469	469	supply authority to purchase, acquire, and receive water supply and water service. 18
470	470	(ii) Enter into cooperative agreements with cities, towns, counties, water districts, or other 19
471	471	water supply authorities for the interconnection of facilities or for any other lawful corporate 20
472	472	purposes necessary or desirable to effect the purposes of this chapter. 21
473	473	(iii) Connect the water supply system on any property or project controlled, approved, 22
474	474	owned or overseen by the department with any city, town, water district, or other water supply 23
475	475	authority that receives or has a connection with the city of Providence and/or the Providence water 24
476	476	supply board (or any successor thereof) and purchase, connect to, receive, and enter into agreements 25
477	477	to receive water supply from any city, town, water district, or other water supply authority 26
478	478	regardless of the origin of such water supply. The city of Providence and the Providence water 27
479	479	supply board (and any successor thereof) are authorized and directed to supply water to property, 28
480	480	projects and location as directed by the department either directly or via connections between the 29
481	481	property or project and any city, town, water district, or other water supply authority, 30
482	482	notwithstanding any terms to the contrary in any agreement, including, without limitation, any 31
483	483	agreement between any city, town, water district, or other water supply authority and the city of 32
484	484	Providence and/or the Providence water supply board (or its or their predecessors), or the provisions 33
485	485	of chapter 16 of title 39. In addition, the provisions of § 18 of chapter 1278 of the public laws of 34
486	486
487	487
488	488	LC001835 - Page 14 of 32
489	489	Rhode Island of 1915 as amended, and any other public law that would conflict with the terms 1
490	490	hereof, are hereby amended to authorize the provision of water supply by the city of Providence 2
491	491	and the Providence water supply board (or any successor thereof) to any property or project of the 3
492	492	department and to authorize any additional connections in accordance herewith. There shall be no 4
493	493	requirement that the department demonstrate public necessity before entering into such agreements, 5
494	494	connecting to such water supplies, or receiving such water as described in this section, but the 6
495	495	department shall be subject to the other applicable provisions of chapter 15 of title 46. 7
496	496	(c) Any third party shall be entitled to rely on a writing signed by the secretary or in his or 8
497	497	her name to conclusively establish the identity of a particular property as property for all purposes 9
498	498	hereof. 10
499	499	(d) The provisions of § 42-64-13(d) shall apply to land, real estate assets and projects 11
500	500	owned by or under the supervision of, the department or lawfully approved by the secretary. 12
501	501	42-165-4. Development of new housing. 13
502	502	The department shall formulate a program for the development of new housing units where 14
503	503	a portion of the housing is set aside from projects to ensure affordability. The program shall provide 15
504	504	for housing to be developed using assets, including, but not limited to, funds and real estate assets, 16
505	505	held by the land bank, the housing development fund and other sources available to the department. 17
506	506	The program shall solicit applications from businesses, not-for-profit entities and developers for 18
507	507	the construction of the housing units, or the department may undertake the work of development 19
508	508	by use of its staff and contracting with businesses, individuals and entities for the completion of 20
509	509	the work. The department sponsored residential development program shall have general criteria 21
510	510	that applies to the construction of all housing units and housing structures as well as specific criteria 22
511	511	that applies based on different project sizes as further described in this chapter. 23
512	512	42-165-5. Municipal sponsored residential development projects. 24
513	513	(a) The department shall administer a municipal sponsored residential development project 25
514	514	program where the department is permitted to provide funding from the housing development fund 26
515	515	and/or land from the land bank in support of the municipal residential development project which 27
516	516	is primarily built for affordable housing, workforce eligible housing or disability housing purposes 28
517	517	with appropriate dispositions and deed restrictions as provided in this chapter. 29
518	518	(b) Municipal sponsored projects. For any project sponsored by a municipality an 30
519	519	application shall be presented to the department for funding or for the provision of land through the 31
520	520	land bank. Any funding shall be made contingent on completion of the project, the issuance of 32
521	521	certificates of occupancy and disposition to owners or lessees. No less than fifty percent (50%) of 33
522	522	the housing units shall be made available for affordable housing, and no less than seventy-five 34
523	523
524	524
525	525	LC001835 - Page 15 of 32
526	526	percent (75%) shall be made available for affordable housing and workforce eligible housing in 1
527	527	any project. A lien shall exist on any real estate which is transferred from the department and all 2
528	528	improvements made thereon which shall be forgiven upon completion of the project and disposition 3
529	529	to an eligible owner. For any municipally sponsored project the municipality shall provide at least 4
530	530	ten percent (10%) of the funds or one hundred thousand dollars ($100,000), whichever is less, for 5
531	531	the funding of the project. The municipality's portion of the funding may be satisfied by grants, 6
532	532	contributions, donations or other sources and need not be derived from the municipality's general 7
533	533	revenues or general fund. 8
534	534	42-165-6. Criteria for development projects. 9
535	535	(a) The general criteria applying to the original construction of all new housing 10
536	536	developments sponsored by the department shall include the following: 11
537	537	(1) Each housing structure shall have at least one housing unit. In structures with two (2) 12
538	538	or more housing units, the units shall be separately accessible from a common area or from the 13
539	539	outside and able to be locked by the occupants; 14
540	540	(2) Each housing structure shall be constructed using similar materials of similar type, 15
541	541	grade, size, quantity and quality and appear to be relatively uniform except as to color of siding or 16
542	542	paint and any land characteristics specific to the parcel, whether divided or subdivided or not; 17
543	543	(3) Each housing structure's internal features shall be relatively uniform as to the type, 18
544	544	grade, size, quantity and quality of materials, the number of rooms, and the size of rooms, except 19
545	545	that disability or accessible housing may have larger dimensions and a different design to 20
546	546	accommodate for the needs of the proposed occupants; 21
547	547	(4) Construction shall comply with all applicable building codes; 22
548	548	(5) Construction shall ensure sufficient utility service including, but not limited to: 23
549	549	(i) Water by private wells of acceptable water quality, flow rate and quantity or public 24
550	550	water supply access; 25
551	551	(ii) Sewer or sufficient treatment or septic facilities compliant with department of 26
552	552	environmental management regulations and the law; 27
553	553	(iii) Electric; 28
554	554	(iv) Electric, natural gas connection, or oil or propane storage for each housing structure 29
555	555	with separate meters or tanks for each housing unit for the purpose of providing heat and hot water; 30
556	556	and 31
557	557	(v) Broadband or higher Internet connectivity; 32
558	558	(6) Housing structures shall be built to be energy efficient, with such further requirements 33
559	559	as determined by the secretary in consultation with the state building code commission and the 34
560	560
561	561
562	562	LC001835 - Page 16 of 32
563	563	office of energy resources including consideration of the requirements of 42 U.S.C. § 12709; 1
564	564	(7) Located, when possible, near existing public transportation; and 2
565	565	(8) Shall be constructed in a manner where the housing structures are built to look similar 3
566	566	to other existing structures present in the community or municipality where the project is located. 4
567	567	(b) Specific criteria for housing developments sponsored by the department dependent on 5
568	568	project size are as follows: 6
569	569	(1) Developments of ten (10) or more housing structures. In all projects where there are ten 7
570	570	(10) or more housing structures the following criteria shall be required: 8
571	571	(i) At least one unit for each ten (10) structures shall be designed and constructed to be 9
572	572	fully handicapped accessible in all areas of the housing unit; 10
573	573	(ii) Fifty percent (50%) of the housing units shall be designated as affordable housing units; 11
574	574	(iii) Seventy-five percent (75%) of the housing units shall be designated as either workforce 12
575	575	eligible housing or affordable housing; 13
576	576	(iv) The remaining housing units shall be eligible to be sold at full market rates; 14
577	577	(v) An area of the development shall be reserved for recreational space sufficient in size 15
578	578	and location to be accessible by the whole development and useful to the residents therein; 16
579	579	(vi) For the development of real estate parcels equal to or larger than ten (10) acres before 17
580	580	any division or subdivision thereof, twenty-five percent (25%) of the parcel shall be held for open 18
581	581	or forest space; and 19
582	582	(vii) Any other additional criteria that the department shall deem appropriate for the 20
583	583	purposes of this chapter and the program. 21
584	584	(2) Developments of five (5) to nine (9) housing structures. In all projects where there are 22
585	585	five (5) to nine (9), inclusive, housing structures: 23
586	586	(i) At least one housing unit shall be designed and constructed to be fully handicapped 24
587	587	accessible in all areas of the housing unit; 25
588	588	(ii) Thirty percent (30%) of the housing units shall be designated as affordable housing 26
589	589	units; 27
590	590	(iii) Fifty percent (50%) of the housing units shall be designated as workforce eligible 28
591	591	housing or affordable housing; 29
592	592	(iv) The remaining housing units shall be eligible to be sold at full market rates; and 30
593	593	(v) Any other additional criteria that the department shall deem appropriate for the purposes 31
594	594	of this chapter and the program. 32
595	595	(3) Developments of one to four (4) housing structures. In all projects where there are one 33
596	596	to four (4), inclusive, housing structures: 34
597	597
598	598
599	599	LC001835 - Page 17 of 32
600	600	(i) Fifty percent (50%) of the housing units shall be designated as affordable housing units; 1
601	601	(ii) Sixty percent (60%) of the housing units shall be designated as workforce eligible 2
602	602	housing or affordable housing; 3
603	603	(iii) The remaining housing units shall be eligible to be sold at full market rates; and 4
604	604	(iv) Any other additional criteria that the department shall deem appropriate for the 5
605	605	purposes of this chapter and the program. 6
606	606	42-165-7. Authorization to develop additional criteria for projects. 7
607	607	In developing the program and any regulations, additional criteria or bylaws that the 8
608	608	department may adopt, the secretary shall seek input from the building and trade industry 9
609	609	representatives, pertinent not-for-profit entities, municipalities, other state agencies and the public 10
610	610	42-165-8. Protecting and improving existing multifamily housing. 11
611	611	(a) The department shall administer a program for the protection and improvement of 12
612	612	existing multifamily housing. The department may purchase multifamily residence units, provide 13
613	613	low interest or no-interest loans, forgivable loans, gap funding, or any combination of the above to 14
614	614	owners of multifamily units, builders, not-for-profit corporations and developers to ensure that 15
615	615	multifamily housing units are not closed or lost. 16
616	616	(b) No portion of the program shall be used for payment of rent of occupied units or 17
617	617	purchase mortgage relief for owners. In formulating policies for this program, the department shall 18
618	618	work with public housing authorities, the Rhode Island housing and mortgage finance corporation, 19
619	619	not-for-profits and other businesses, entities and individuals to coordinate resources and ensure 20
620	620	both that there is a remedy when no other remedy exists and that there is as little financial and 21
621	621	administrative duplication as possible. 22
622	622	(c) The department shall also operate the program in such a manner that it will act as a 23
623	623	clearinghouse or "one-stop shop" for information for owners, investors, occupants and residents for 24
624	624	the protection and improvement of existing multifamily housing units. 25
625	625	42-165-9. Rehabilitation of closed and endangered multifamily housing. 26
626	626	(a) The department shall administer a program for the rehabilitation of multifamily housing 27
627	627	that is no longer rented to tenants and to rehabilitate multifamily units that are endangered of being 28
628	628	lost from the market. 29
629	629	(b) The department may purchase multifamily residence units, provide low interest or no-30
630	630	interest loans, forgivable loans, gap funding, or any combination of them to builders, not-for-profit 31
631	631	corporations and developers and owners of multifamily units to ensure that previously operational, 32
632	632	but currently closed multifamily housing units, are brought back to the market and that endangered 33
633	633	multifamily housing units are not closed or lost. Endangered multifamily units may include, but 34
634	634
635	635
636	636	LC001835 - Page 18 of 32
637	637	not be limited to, properties in receivership, properties in bankruptcy, properties in foreclosure, 1
638	638	properties in tax sale, properties with building code violations, properties with fire code violations, 2
639	639	properties with municipal code violations, properties with zoning violations, properties with lead 3
640	640	paint hazards, properties in high market rent areas where consolidation of multiple units into a 4
641	641	single unit are threatened, units where portions of the unit have been previously and lawfully rented 5
642	642	as separate units, and other properties as determined by the department. In formulating policies for 6
643	643	this program, the department shall work with public housing authorities, the Rhode Island housing 7
644	644	and mortgage finance corporation, not-for-profits and other businesses, entities and individuals to 8
645	645	coordinate resources and ensure both that there is a remedy when no other remedy exists and that 9
646	646	there is as little financial and administrative duplication as possible. The department shall also 10
647	647	operate the program in such a manner that it will act as a clearinghouse or "one-stop shop" for 11
648	648	information for owners, investors, occupants and residents for the protection and improvement of 12
649	649	existing multifamily housing units. 13
650	650	42-165-10. Municipal incentives for housing development. 14
651	651	(a) Municipalities are encouraged to approve and sponsor affordable housing and 15
652	652	workforce eligible housing development. For municipalities that approve and sponsor such projects 16
653	653	the following adjustments to their municipal and education aid shall be made: 17
654	654	(1) For projects approved by the municipality and the department after the effective date 18
655	655	of this chapter, but before July 1, 2024, education aid shall be increased to the local education 19
656	656	authority on a per capita basis for each additional student enrolled in public schools in an amount 20
657	657	equal to the district's per pupil cost multiplied by one hundred percent (100%) for each additional 21
658	658	child living in such housing for a period of five (5) years and a bonus of half of the increase shall 22
659	659	be provided to the municipality in which the student's residence in the new housing unit is located 23
660	660	for a period of five (5) years. In the event a student who moves into housing developed under this 24
661	661	chapter requires special education services, the department of education shall pay for ninety percent 25
662	662	(90%) of the student's additional services each year above the per pupil cost for the period the 26
663	663	student remains in the housing unit or remains as a student in the district, whichever is less. 27
664	664	(2) For projects approved by the municipality and the department on or after July 1, 2024, 28
665	665	but before January 1, 2025, education aid shall be increased to the local education authority on a 29
666	666	per capita basis for each additional student enrolled in public schools in an amount equal to the 30
667	667	district's per pupil cost multiplied by seventy-five percent (75%) for each additional child living in 31
668	668	such housing for a period of five (5) years and a bonus of half of the increase shall be provided to 32
669	669	the municipality in which the student's residence in the new housing unit is located for a period of 33
670	670	five (5) years. In the event a student who moves into housing developed under this section requires 34
671	671
672	672
673	673	LC001835 - Page 19 of 32
674	674	special education services, the department of education shall pay for seventy-five percent (75%) of 1
675	675	the student's additional services each year above the per pupil cost for the period the student remains 2
676	676	in the housing unit or remains as a student in the district, whichever is less. 3
677	677	(3) For projects approved by the municipality and the department on or after January 1, 4
678	678	2025, but before July 1, 2025, education aid shall be increased to the local education authority on 5
679	679	a per capita basis for each additional student enrolled in public schools in an amount equal to the 6
680	680	district's per pupil cost multiplied by fifty percent (50%) for each additional child living in such 7
681	681	housing for a period of five (5) years and a bonus of half of the increase shall be provided to the 8
682	682	municipality in which the student's residence in the new housing unit is located for a period of five 9
683	683	(5) years. In the event a student who moves into housing developed under this section requires 10
684	684	special education services, the department of education shall pay for fifty percent (50%) of the 11
685	685	student's additional services each year above the per pupil cost for the period the student remains 12
686	686	in the housing unit or remains as a student in the district, whichever is less. 13
687	687	(4) For projects approved by the municipality and the department on or after July 1, 2025, 14
688	688	but before July 1, 2026, education aid shall be increased to the local education authority on a per 15
689	689	capita basis for each additional student enrolled in public schools in an amount equal to the district's 16
690	690	per pupil cost multiplied by twenty-five percent (25%) for each additional child living in such 17
691	691	housing for a period of three (3) years and a bonus of half of the increase shall be provided to the 18
692	692	municipality in which the student's residence in the new housing unit is located for a period of five 19
693	693	(5) years. In the event a student who moves into housing developed under this section requires 20
694	694	special education services, the department of education shall pay for twenty-five percent (25%) of 21
695	695	the student's additional services each year above the per pupil cost for the period the student remains 22
696	696	in the housing unit or remains as a student in the district, whichever is less. 23
697	697	(5) For projects approved on or after July 1, 2026, no bonus municipal aid or education aid 24
698	698	shall be awarded under this section. 25
699	699	(b) The education aid calculations made in subsection (a) of this section shall be adjusted 26
700	700	based on the municipality's attainment of the goals set out in chapter 53 of title 45. When any 27
701	701	municipally approved project increases the number of affordable housing units, the projected total 28
702	702	upon completion shall be used to determine the aid in this section. The calculation of the aid 29
703	703	adjustment shall be made irrespective of whether the municipality has been deemed to have a 30
704	704	feasibility condition or exemption from percentage of affordable housing set out in chapter 53 of 31
705	705	title 45. Education aid increases set out in this section shall be adjusted as follows: 32
706	706	(1) For projects approved prior to July 1, 2024, no adjustment shall be made. 33
707	707	(2) For projects approved on or after July 1, 2024, municipalities shall have their increase 34
708	708
709	709
710	710	LC001835 - Page 20 of 32
711	711	reduced by the ratio of the difference between ten percent (10%) and the projected amount attained 1
712	712	after completion of all approved projects divided by the ten percent (10%) requirement. In no event 2
713	713	shall the amount be reduced below fifty percent (50%) of the increase that would have been 3
714	714	awarded had no reduction been made pursuant to this subsection. 4
715	715	(c) The general assembly shall ensure that the bonus aid provisions contained within this 5
716	716	section are appropriated for each year in which the incentives are awarded. 6
717	717	42-165-11. Enforcement of minimum affordable housing standards. 7
718	718	(a) Beginning July 1, 2026, in any city or town where the benchmark for affordable housing 8
719	719	set forth in chapter 53 of title 45 has not been satisfied, irrespective of any determination of 9
720	720	infeasibility or exemption from the ten percent (10%) threshold for affordable housing, affordable 10
721	721	housing planned development units to be constructed pursuant to chapter 53 of title 45 shall not 11
722	722	need approval of the municipality, notwithstanding any municipal law or other statute to the 12
723	723	contrary, but instead shall be required to seek approval solely from the department. 13
724	724	(b) With regard to an affordable housing development undertaken by the department or by 14
725	725	an applicant who applies to the department for project approval pursuant to subsection (a) of this 15
726	726	section, the department shall require that the project comply with municipal laws in effect in the 16
727	727	municipality where the project is located, except the project does not need to comply with any 17
728	728	comprehensive plan, any restrictions on building, any restrictions on the use or planned use 18
729	729	infrastructure or other restrictions inhibiting development and such restrictions shall not be valid 19
730	730	as against projects approved by the department. Further, the following requirements authorized as 20
731	731	standard provisions that may be imposed under a municipal zoning law or other municipal 21
732	732	ordinance shall not apply to any project approved by the department: 22
733	733	(1) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development 23
734	734	areas; 24
735	735	(2) The density and intensity of use; and 25
736	736	(3) Any other requirement imposed pursuant to § 45-24-33(a)(4)(x). 26
737	737	(c) For any project proposed, approved or undertaken under this section, the provisions of 27
738	738	§ 42-165-6 shall apply and if less than five (5) units are being produced, then that at least fifty 28
739	739	percent (50%) of the units shall be reserved for affordable housing units and twenty-five (25%) 29
740	740	percent shall be reserved for workforce eligible housing units and if less than five (5) units are 30
741	741	being produced, all of the units shall be reserved for affordable housing units. 31
742	742	(d) Any appeal of an approval or denial by the department of any project under this section 32
743	743	shall be made to the superior court within thirty (30) days of the approval or denial being mailed to 33
744	744	the applicant in writing and be given priority on the trial calendar. Upon review, the superior court 34
745	745
746	746
747	747	LC001835 - Page 21 of 32
748	748	shall determine whether the secretary or the department abused its discretion and if not, the appeal 1
749	749	shall be denied. The question on appeal shall be treated as a matter of law that may be resolved by 2
750	750	summary judgment. In the event the applicant is allowed to proceed, the applicant as a prevailing 3
751	751	party is entitled to costs, attorneys' fees and costs of litigation from any party that caused the appeal 4
752	752	to be brought to the superior court, along with an award of all interest charges incurred due to a 5
753	753	delay in the project. 6
754	754	(e) Neither a municipality nor an abutter shall have any rights to appeal a decision of the 7
755	755	department. The sole remedy of an abutter shall be an action at law for any direct damages to their 8
756	756	property or for personal injuries. 9
757	757	(f) Beginning on the effective date of this chapter: 10
758	758	(1) Whenever any municipality lacks the resources, personnel or ability to approve a 11
759	759	project, provide a certificate, or make an inspection, any aspect of a project or any other matter 12
760	760	related to a project that has been approved by the department, the municipality shall notify the 13
761	761	department in writing within three (3) business days. Upon notification, the department may 14
762	762	provide personnel to undertake the inspection or work on the approval of any project it has approved 15
763	763	and such inspection or approval work shall be deemed to be an approval by the municipality. 16
764	764	(2) Any failure by a municipality to act on a request by an applicant of a project approved 17
765	765	by the department or by the department for an approval, certificate, inspection or other matter 18
766	766	within thirty (30) days shall be deemed to constitute an inability to undertake the necessary work. 19
767	767	After the expiration of thirty (30) days, the department shall make a written determination of such 20
768	768	inability and provide a copy of the determination to the municipality. After providing the notice to 21
769	769	the municipality, the department may provide the staffing to make the necessary determination that 22
770	770	is impeding the progress of the department within thirty (30) days and such an approval shall be 23
771	771	deemed to be an approval by the municipality. 24
772	772	42-165-12. Coordination with Rhode Island infrastructure bank. 25
773	773	(a) The department shall act in coordination with the Rhode Island infrastructure bank to 26
774	774	ensure the availability of resources to ensure the success of applicants and of the expansion of 27
775	775	housing units through development. 28
776	776	(b) The department is authorized to act as a clearing house for information and as a point 29
777	777	of contact for applicants and others to achieve help from the Rhode Island infrastructure bank on 30
778	778	eligible projects where funding, assistance and expertise may be available from the Rhode Island 31
779	779	infrastructure bank. 32
780	780	42-165-13. Coordination with other state agencies and quasi-publics. 33
781	781	(a) The department shall act in coordination with all other state agencies, quasi-publics, 34
782	782
783	783
784	784	LC001835 - Page 22 of 32
785	785	and municipalities, who in turn are hereby required to assist and consult with the department to 1
786	786	ensure the availability of resources and information to ensure the success of applicants and of the 2
787	787	expansion of housing units through development. 3
788	788	(b) The department is authorized to act as a clearing house for information and as a point 4
789	789	of contact for applicants and others to achieve help from other state and local public bodies and 5
790	790	quasi-publics where funding, assistance and expertise may be available from said state and local 6
791	791	public bodies and quasi-publics. 7
792	792	(c) The department is further authorized to coordinate with federal, state and municipal 8
793	793	agencies and not-for-profit organizations to provide "wrap around services" to occupants of 9
794	794	housing units completed 10
795	795	42-165-14. Restrictions on dispositions of projects and housing units by the 11
796	796	department and/or the land bank. 12
797	797	(a) Upon approval of any project, the department shall have a lien against the property on 13
798	798	which the project is located which shall be discharged upon the completion of the project and proper 14
799	799	sale in accordance with this chapter. In the event that the project is not completed and the 15
800	800	department determines that the project cannot be completed by the party in charge of the 16
801	801	development, the department shall have the right to foreclose on the lien through a non-judicial 17
802	802	foreclosure, take a deed-in-lieu of foreclosure or otherwise resort to the remedies existing in law 18
803	803	and equity of a first-position secured creditor. 19
804	804	(b) Upon completion of a project, residential housing units may only be sold to individua ls 20
805	805	who are first-time homebuyers for owner-occupied housing. 21
806	806	(c) Any housing approved by the department, whether built or operated by any public 22
807	807	agency or any nonprofit organization or by any limited equity housing cooperative or any private 23
808	808	developer, that is developed under any program administered by the department shall contain a 24
809	809	deed restriction that requires that the housing unit remain owner-occupied and not rented and that 25
810	810	any resale requires that the new purchaser shall be a first-time homebuyer in the same category the 26
811	811	seller was when the seller purchased the structure (i.e. affordable housing, workforce eligible 27
812	812	housing, or market price housing). The deed restriction shall be enforceable by the department for 28
813	813	ninety-nine (99) years from the original grant or such other period that is either agreed to by the 29
814	814	applicant who originally develops the project and the department; provided, however, that period 30
815	815	is not less than thirty (30) years from initial occupancy. Any violation of the deed restriction results 31
816	816	in a reversion of the unit to the department for sale to another person qualifying under this chapter. 32
817	817	(d) In the event of the death of an owner of a housing unit produced under a program 33
818	818	administered by the department and still subject to the deed restriction described in this section 34
819	819
820	820
821	821	LC001835 - Page 23 of 32
822	822	then a family member or next of kin shall be entitled to inherit the housing unit as long as they 1
823	823	occupy the housing unit within nine (9) months of the date of death of the decedent irrespective of 2
824	824	their income level and thereafter, the housing unit remains owner-occupied by the heir, family 3
825	825	member or next of kin. In the event the heir, family-member or next-of-kin does not occupy the 4
826	826	housing unit within nine (9) months, the department shall purchase the housing unit at fair market 5
827	827	value and pay the money to the estate of the decedent. Upon purchase by the department, the 6
828	828	housing unit shall be resold by the department as if it were the first sale after development and the 7
829	829	unit shall remain in the same category for sale (i.e. affordable housing, workforce related housing, 8
830	830	market rate housing) as the housing unit was designated by the developer with a new deed 9
831	831	restriction period in the subsequent sale. 10
832	832	(e) Not-for-profit entities or agencies whose mission is to provide affordable, low cost, or 11
833	833	workforce eligible housing for rent. Upon the sale, a deed restriction shall be in place enforceable 12
834	834	by the department that requires units to be rented solely to individuals and/or families for primary 13
835	835	housing in eligible categories (i.e. affordable housing, low cost, or workforce eligible housing). 14
836	836	Such a restriction shall be perpetual or for the life of the entity granted the property. After the entity 15
837	837	is provided notice of the violation by the department and being provided a reasonable opportunity 16
838	838	to cure, any violation of the deed restriction results in a reversion of the parcel with all 17
839	839	improvements upon which the housing structure or housing unit in violation is located. 18
840	840	42-165-15. Reporting. 19
841	841	The department shall submit to the governor, the president of the senate, and the speaker 20
842	842	of the house, within six (6) months after the close of its fiscal year, a complete and detailed report 21
843	843	setting forth: 22
844	844	(1) Its operations and accomplishments; 23
845	845	(2) Its receipts and expenditures during the fiscal year in accordance with the categories 24
846	846	and classifications established by the department for its operating and capital outlay purposes 25
847	847	including a listing of all private consultants engaged by the department on a contract basis and a 26
848	848	statement of the total amount paid to each private consultant; 27
849	849	(3) Its assets and liabilities at the end of its fiscal year including a schedule of its leases and 28
850	850	mortgages and the status of the reserve, special or other funds; 29
851	851	(4) Its strategic plan and operating plan for the current fiscal year and proposed for the next 30
852	852	fiscal year; 31
853	853	(5) A general statement of needs and opportunities relevant to its purposes; and 32
854	854	(6) A listing of all fees paid to attorneys during the fiscal year. The report required by this 33
855	855	section shall be prepared by independent certified public accountants in accordance with generally 34
856	856
857	857
858	858	LC001835 - Page 24 of 32
859	859	accepted principles of accounting. 1
860	860	42-165-16. Compliance with chapter 18 of title 34 required. 2
861	861	The owner of any housing unit, completed with assistance or resources provided by the 3
862	862	housing development fund, the land bank, or programs established under this chapter, where a 4
863	863	completed housing unit is to be rented to a qualified individual or family shall be subject to and 5
864	864	shall comply with the provisions of chapter 18 of title 34 ("residential landlord and tenant act"). 6
865	865	42-165-17. Inconsistent provisions. 7
866	866	Insofar as the provisions of this chapter are inconsistent with the provisions of any other 8
867	867	law or ordinance, general, special or local, the provisions of this chapter shall be controlling. 9
868	868	42-165-18. Construction. 10
869	869	This chapter, being necessary for the welfare of the state and its inhabitants, shall be 11
870	870	liberally construed in order to effectuate its purposes. 12
871	871	42-165-19. Severability. 13
872	872	If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 14
873	873	court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 15
874	874	the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 16
875	875	section, or part directly involved in the controversy in which that judgment shall have been 17
876	876	rendered. 18
877	877	SECTION 4. Section 42-64-11 of the General Laws in Chapter 42-64 entitled "Rhode 19
878	878	Island Commerce Corporation" is hereby amended to read as follows: 20
879	879	42-64-11. Disposition of projects. 21
880	880	(a) Notwithstanding the provisions of any other law, the Rhode Island commerce 22
881	881	corporation may sell or lease to any person, firm, partnership, or corporation, or to any local 23
882	882	redevelopment agency, or to any state or federal agency or instrumentality, or to any municipality 24
883	883	or political subdivision of the state empowered to enter into the sale or lease, any project without 25
884	884	public bidding or public sale, for consideration and upon terms as may be agreed upon between the 26
885	885	corporation and the purchaser or lessee; provided that in the case of a lease, the term shall not 27
886	886	exceed ninety-nine (99) years. The sale or lease or agreement may be consummated as entered into 28
887	887	prior to, at the date of, or subsequent to the acquisition of completion of the project. Where a 29
888	888	contract of sale or lease is entered into prior to the completion of construction of the project to be 30
889	889	conveyed or leased, the corporation may complete the project prior or subsequent to the 31
890	890	consummation of the sale or lease. 32
891	891	(b) In connection with the corporation's disposition by sale, lease, or otherwise of any of 33
892	892	its projects, the corporation is authorized to require that the party acquiring the project, or any 34
893	893
894	894
895	895	LC001835 - Page 25 of 32
896	896	interest therein or any right to use or occupy the project, may not sell, assign, convey, lease, 1
897	897	sublease, or otherwise dispose of, in whole or in part, its interest in the project or its right to use 2
898	898	and occupy the project without the approval, in writing, of the corporation. The corporation may 3
899	899	not unreasonably withhold that approval; and shall state the reason or reasons upon which that 4
900	900	withholding of approval is based. In determining whether to grant or withhold that approval, the 5
901	901	corporation shall consider whether the proposed disposition will further the purposes of this chapter 6
902	902	and may consider any and all other relevant factors as well. 7
903	903	(c) The provisions of subsection (b) shall not be deemed to limit in any manner the 8
904	904	corporation's authority in connection with the disposition by sale, lease, or otherwise of any of its 9
905	905	projects or to impose those terms and conditions permitted by law with respect to those dispositions 10
906	906	as it shall determine to be desirable. 11
907	907	(d) The corporation shall dispose, by sale, lease, transfer or other agreement, of projects on 12
908	908	or related to former Navy lands in the town of North Kingstown through the Quonset Development 13
909	909	Corporation as provided for in chapter 64.10 of this title and may dispose, by sale, lease, transfer 14
910	910	or other agreement, of other projects related to land and real estate development, regardless of 15
911	911	location in Rhode Island, through the Quonset Development Corporation as may be mutually 16
912	912	agreeable to the corporation and the Quonset Development Corporation. 17
913	913	(e) The corporation may dispose, by sale, lease, transfer or other agreement, of projects 18
914	914	related to land and real estate development, regardless of location in Rhode Island, to the housing 19
915	915	department as may be mutually agreeable to the corporation and the secretary of housing. 20
916	916	SECTION 5. Section 37-6-6 of the General Laws in Chapter 37-6 entitled "Acquisition of 21
917	917	Land" is hereby amended to read as follows: 22
918	918	37-6-6. Notice to Rhode Island department of housing of proposed acquisition or 23
919	919	disposal. 24
920	920	Before acquiring and before disposing of any land or other real property or any interest, 25
921	921	estate, or right therein, by conveyance, grant, lease, or license, except by license terminable by will, 26
922	922	the acquiring authority shall give written notice of its contemplated or proposed action to the Rhode 27
923	923	Island economic development corporation department of housing and afford the corporation 28
924	924	department of housing a reasonable opportunity to study and make its recommendations thereon. 29
925	925	SECTION 6. Chapter 42-11 of the General Laws entitled "Department of Administration" 30
926	926	is hereby amended by adding thereto the following section: 31
927	927	42-11-10.2. Transfer of powers to the housing department. 32
928	928	(a) Those powers, duties and responsibilities listed in § 42-11-10 related to the preparing, 33
929	929	adoption, and amendment of strategic plans for the physical, economic, and social development of 34
930	930
931	931
932	932	LC001835 - Page 26 of 32
933	933	the state related to all powers related to residential housing, including, but not limited to, the 1
934	934	planning, policy and implementation of such plans are hereby transferred to the department of 2
935	935	housing and the department of housing shall be exempt from § 42-11-10 pursuant to § 42-11-3
936	936	10(b)(2). 4
937	937	(b) The secretary of housing, or designee, shall serve on the state planning council under § 5
938	938	42-11-10(e) in the place of the chairperson of the housing resources commission under § 42-10-6
939	939	10(e)(5). 7
940	940	(c) The primary obligation of developing a statewide housing plan shall be the 8
941	941	responsibility of the department of housing. 9
942	942	(d) The secretary of housing to the extent feasible and practicable shall coordinate activities 10
943	943	in the planning and development of policy for residential housing with the department of 11
944	944	administration, the state planning council and the division of statewide planning. 12
945	945	SECTION 7. Section 45-24-28 of the General Laws in Chapter 45-24 entitled "Zoning 13
946	946	Ordinances" is hereby amended to read as follows: 14
947	947	45-24-28. Continuation of ordinances — Supercession — Relation to other statutes. 15
948	948	(a) Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992, 16
949	949	shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be 17
950	950	brought into conformance with this chapter by December 31, 1994. Each city and town shall review 18
951	951	its zoning ordinance and make amendments or revisions that are necessary to bring it into 19
952	952	conformance with this chapter. 20
953	953	(b) All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any 21
954	954	special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect 22
955	955	until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter, 23
956	956	except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992. 24
957	957	(c) Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including, 25
958	958	but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 26
959	959	1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public 27
960	960	laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as 28
961	961	amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North 29
962	962	Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); 30
963	963	chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed 31
964	964	effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the 32
965	965	provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null 33
966	966	and void as of December 31, 1994, unless amended so as to conform to the provisions of this 34
967	967
968	968
969	969	LC001835 - Page 27 of 32
970	970	chapter. 1
971	971	(d) Chapter 24.1 of this title, entitled "Historical Area Zoning", and chapter 3 of title 1, 2
972	972	entitled "Airport Zoning", are not superseded by this chapter; provided, that any appeal to the 3
973	973	superior court pursuant to chapter 24.1 of this title, entitled "Historical Area Zoning", or pursuant 4
974	974	to chapter 3 of title 1, entitled "Airport Zoning", is taken in the manner provided in § 45-24-69. 5
975	975	(e) Nothing in this chapter shall be construed to limit the authority of agencies of state 6
976	976	government to perform any regulatory responsibilities. 7
977	977	(f) Nothing in this chapter shall be construed to supersede or interfere with development 8
978	978	undertaken by the housing department or its programs in accordance with chapters 55.2, 55.3 and/or 9
979	979	165 of title 42. 10
980	980	SECTION 8. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department 11
981	981	of Administration" is hereby amended to read as follows: 12
982	982	42-11-10. Statewide planning program. 13
983	983	(a) Findings. The general assembly finds that the people of this state have a fundamental 14
984	984	interest in the orderly development of the state; the state has a positive interest and demonstrated 15
985	985	need for establishment of a comprehensive, strategic state planning process and the preparation, 16
986	986	maintenance, and implementation of plans for the physical, economic, and social development of 17
987	987	the state; the continued growth and development of the state presents problems that cannot be met 18
988	988	by the cities and towns individually and that require effective planning by the state; and state and 19
989	989	local plans and programs must be properly coordinated with the planning requirements and 20
990	990	programs of the federal government. 21
991	991	(b) Establishment of statewide planning program. 22
992	992	(1) A statewide planning program is hereby established to prepare, adopt, and amend 23
993	993	strategic plans for the physical, economic, and social development of the state and to recommend 24
994	994	these to the governor, the general assembly, and all others concerned. 25
995	995	(2) All strategic planning, as defined in subsection (c) of this section, undertaken by all 26
996	996	departments and agencies of the executive branch unless specifically exempted, shall be conducted 27
997	997	by or under the supervision of the statewide planning program. The statewide planning program 28
998	998	shall consist of a state planning council, and the division of planning, which shall be a division 29
999	999	within the department of administration. 30
1000	1000	(c) Strategic planning. Strategic planning includes the following activities: 31
1001	1001	(1) Establishing or identifying general goals; 32
1002	1002	(2) Refining or detailing these goals and identifying relationships between them; 33
1003	1003	(3) Formulating, testing, and selecting policies and standards that will achieve desired 34
1004	1004
1005	1005
1006	1006	LC001835 - Page 28 of 32
1007	1007	objectives; 1
1008	1008	(4) Preparing long-range or system plans or comprehensive programs that carry out the 2
1009	1009	policies and set time schedules, performance measures, and targets; 3
1010	1010	(5) Preparing functional, short-range plans or programs that are consistent with established 4
1011	1011	or desired goals, objectives, and policies, and with long-range or system plans or comprehensive 5
1012	1012	programs where applicable, and that establish measurable, intermediate steps toward their 6
1013	1013	accomplishment of the goals, objectives, policies, and/or long-range system plans; 7
1014	1014	(6) Monitoring the planning of specific projects and designing of specific programs of short 8
1015	1015	duration by the operating departments, other agencies of the executive branch, and political 9
1016	1016	subdivisions of the state to ensure that these are consistent with, and carry out the intent of, 10
1017	1017	applicable strategic plans; and 11
1018	1018	(7) Reviewing the execution of strategic plans, and the results obtained, and making 12
1019	1019	revisions necessary to achieve established goals. 13
1020	1020	(d) State guide plan. Components of strategic plans prepared and adopted in accordance 14
1021	1021	with this section may be designated as elements of the state guide plan. The state guide plan shall 15
1022	1022	be comprised of functional elements or plans dealing with land use; physical development and 16
1023	1023	environmental concerns; economic development; housing production; energy supply, including the 17
1024	1024	development of renewable energy resources in Rhode Island, and energy access, use, and 18
1025	1025	conservation; human services; climate change and resiliency; and other factors necessary to 19
1026	1026	accomplish the objective of this section. The state guide plan shall be a means for centralizing, 20
1027	1027	integrating, and monitoring long-range goals, policies, plans, and implementation activities related 21
1028	1028	thereto. State agencies concerned with specific subject areas, local governments, and the public 22
1029	1029	shall participate in the state guide planning process, which shall be closely coordinated with the 23
1030	1030	budgeting process. 24
1031	1031	(e) Membership of state planning council. The state planning council shall consist of the 25
1032	1032	following members: 26
1033	1033	(1) The director of the department of administration as chairperson; 27
1034	1034	(2) The director, policy office, in the office of the governor, as vice-chairperson; 28
1035	1035	(3) The governor, or his or her designee; 29
1036	1036	(4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13.] 30
1037	1037	(5) The chairperson of the housing resources commission The secretary of housing, or 31
1038	1038	designee; 32
1039	1039	(6) The highest-ranking administrative officer of the division of planning, as secretary; 33
1040	1040	(7) The president of the Rhode Island League of Cities and Towns or his or her designee; 34
1041	1041
1042	1042
1043	1043	LC001835 - Page 29 of 32
1044	1044	(8) The executive director of the Rhode Island League of Cities and Towns; 1
1045	1045	(9) Three (3) chief elected officials of cities and towns appointed by the governor after 2
1046	1046	consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a 3
1047	1047	community with a population greater than 40,000 persons; one of whom shall be from a community 4
1048	1048	with a population of between 20,000 and 40,000 persons; and one of whom shall be from a 5
1049	1049	community with a population less than 20,000 persons; 6
1050	1050	(10) One representative of a nonprofit community development or housing organization 7
1051	1051	appointed by the governor; 8
1052	1052	(11) Four (4) public members, appointed by the governor, one of whom shall be an 9
1053	1053	employer with fewer than fifty (50) employees; one of whom shall be an employer with greater 10
1054	1054	than fifty (50) employees; one of whom shall represent a professional planning or engineering 11
1055	1055	organization in Rhode Island; and one of whom shall represent a chamber of commerce or 12
1056	1056	economic development organization; 13
1057	1057	(12) Two (2) representatives of private, nonprofit, environmental or environmental justice 14
1058	1058	advocacy organizations, both to be appointed by the governor; 15
1059	1059	(13) The director of planning and development for the city of Providence; 16
1060	1060	(14) The director of the department of transportation; 17
1061	1061	(15) The director of the department of environmental management; 18
1062	1062	(16) The director of the department of health; 19
1063	1063	(17) The chief executive officer of the commerce corporation; 20
1064	1064	(18) The commissioner of the Rhode Island office of energy resources; 21
1065	1065	(19) The chief executive officer of the Rhode Island public transit authority; 22
1066	1066	(20) The executive director of Rhode Island housing; 23
1067	1067	(21) The executive director of the coastal resources management council; and 24
1068	1068	(22) The director of the Rhode Island emergency management agency. 25
1069	1069	(f) Powers and duties of state planning council. The state planning council shall have 26
1070	1070	the following powers and duties: 27
1071	1071	(1) To adopt strategic plans as defined in this section and the long-range state guide plan, 28
1072	1072	and to modify and amend any of these, following the procedures for notification and public hearing 29
1073	1073	set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the 30
1074	1074	general assembly, state and federal agencies, and other public and private bodies; approval of 31
1075	1075	strategic plans by the governor; and to ensure that strategic plans and the long-range state guide 32
1076	1076	plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the “Rhode Island 33
1077	1077	comprehensive planning and land use regulation act”; 34
1078	1078
1079	1079
1080	1080	LC001835 - Page 30 of 32
1081	1081	(2) To coordinate the planning and development activities of all state agencies, in 1
1082	1082	accordance with strategic plans prepared and adopted as provided for by this section; 2
1083	1083	(3) To review and comment on the proposed annual work program of the statewide 3
1084	1084	planning program; 4
1085	1085	(4) To adopt rules and standards and issue orders concerning any matters within its 5
1086	1086	jurisdiction as established by this section and amendments to it; 6
1087	1087	(5) To establish advisory committees and appoint members thereto representing diverse 7
1088	1088	interests and viewpoints as required in the state planning process and in the preparation or 8
1089	1089	implementation of strategic plans. At minimum, the state planning council shall appoint permanent 9
1090	1090	committees: 10
1091	1091	(i) A technical committee, comprised of public members from different geographic areas 11
1092	1092	of the state representing diverse interests along with officials of state, local, and federal 12
1093	1093	government, who shall review all proposed elements of the state guide plan, or amendment or repeal 13
1094	1094	of any element of the plan, and shall advise the state planning council thereon before the council 14
1095	1095	acts on any such proposal. This committee shall also advise the state planning council on any other 15
1096	1096	matter referred to it by the council; and 16
1097	1097	(ii) An executive committee consisting of major participants of a Rhode Island geographic 17
1098	1098	information system with oversight responsibility for its activities; and 18
1099	1099	(iii) A transportation advisory committee, made up of diverse representation, including, 19
1100	1100	but not limited to, municipal elected and appointed officials; representatives of various 20
1101	1101	transportation sectors, departments, and agencies; and other groups and agencies with an interest 21
1102	1102	in transportation operations, maintenance, construction, and policy, who shall review 22
1103	1103	transportation-related plans and amendments and recommend action to the state planning council; 23
1104	1104	(6) To adopt, amend, and maintain, as an element of the state guide plan or as an 24
1105	1105	amendment to an existing element of the state guide plan, standards and guidelines for the location 25
1106	1106	of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due 26
1107	1107	consideration for the location of such resources and facilities in commercial and industrial areas, 27
1108	1108	agricultural areas, areas occupied by public and private institutions, and property of the state and 28
1109	1109	its agencies and corporations, provided these areas are of sufficient size, and in other areas of the 29
1110	1110	state as appropriate; 30
1111	1111	(7) To act as the single, statewide metropolitan planning organization for transportation 31
1112	1112	planning, and to promulgate all rules and regulations that are necessary thereto; and 32
1113	1113	(8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating 33
1114	1114	applications, approving and issuing grants, and to assist municipalities pursuant to the provisions 34
1115	1115
1116	1116
1117	1117	LC001835 - Page 31 of 32
1118	1118	of chapter 11.4 of this title, and any rules or regulations promulgated thereunder. 1
1119	1119	(g) Division of statewide planning. 2
1120	1120	(1) The division of statewide planning shall be the principal staff agency of the state 3
1121	1121	planning council for preparing and/or coordinating strategic plans for the comprehensive 4
1122	1122	management of the state’s human, economic, and physical resources. The division of statewide 5
1123	1123	planning shall recommend to the state planning council specific guidelines, standards, and 6
1124	1124	programs to be adopted to implement strategic planning and the state guide plan and shall undertake 7
1125	1125	any other duties established by this section and amendments thereto. 8
1126	1126	(2) The division of statewide planning shall maintain records (which shall consist of files 9
1127	1127	of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto 10
1128	1128	adopted or issued by the state planning council under this section. The records shall be open to the 11
1129	1129	public. 12
1130	1130	(3) The division of statewide planning shall manage and administer the Rhode Island 13
1131	1131	geographic information system of land-related resources, and shall coordinate these efforts with 14
1132	1132	other state departments and agencies, including the university of Rhode Island, which shall provide 15
1133	1133	technical support and assistance in the development and maintenance of the system and its 16
1134	1134	associated database. 17
1135	1135	(4) The division of statewide planning shall coordinate and oversee the provision of 18
1136	1136	technical assistance to political subdivisions of the state in preparing and implementing plans to 19
1137	1137	accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the 20
1138	1138	state guide plan and shall make available to cities and towns data and guidelines that may be used 21
1139	1139	in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and 22
1140	1140	elements thereby. 23
1141	1141	(h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4.] 24
1142	1142	(i) The division of planning shall be the principal staff agency of the water resources board 25
1143	1143	established pursuant to chapter 15 of title 46 (“Water Resources Board”) and the water resources 26
1144	1144	board corporate established pursuant to chapter 15.1 of title 46 (“Water Supply Facilities”). 27
1145	1145	SECTION 9. This act shall take effect upon passage. 28
1146	1146	========
1147	1147	LC001835
1148	1148	========
1149	1149
1150	1150
1151	1151	LC001835 - Page 32 of 32
1152	1152	EXPLANATION
1153	1153	BY THE LEGISLATIVE COUNCIL
1154	1154	OF
1155	1155	A N A C T
1156	1156	RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING DEVELOPMENT
1157	1157	FUND
1158	1158	***
1159	1159	This act would create funding of affordable housing programs within the department of 1
1160	1160	housing. The act would also create a land bank program as well as residential development 2
1161	1161	programs for the construction of low-income housing units by the department and the cities and 3
1162	1162	towns. 4
1163	1163	This act would take effect upon passage. 5
1164	1164	========
1165	1165	LC001835
1166	1166	========