| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES |
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| 16 | 16 | | Introduced By: Representatives Felix, Shekarchi, Azzinaro, Hull, Kazarian, and Tanzi |
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| 17 | 17 | | Date Introduced: March 03, 2023 |
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| 18 | 18 | | Referred To: House Municipal Government & Housing |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 1 |
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| 23 | 23 | | amended by adding thereto the following section: 2 |
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| 24 | 24 | | 45-24-77. Transit-oriented development pilot program - Effective January 1, 2024. 3 |
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| 25 | 25 | | (a) Findings and declarations. The general assembly finds and declares that in order to 4 |
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| 26 | 26 | | increase the availability of residential housing near convenient public transportation, alleviate 5 |
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| 27 | 27 | | traffic congestion and further the goals of chapter 6.2 of title 42, the Act on Climate, enacted in 6 |
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| 28 | 28 | | 2021, there is a need to identify growth centers for higher density housing, considering the capacity 7 |
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| 29 | 29 | | for water service, sewer service, transit connections, and employment centers. 8 |
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| 30 | 30 | | (b) Establishment. To fulfill the findings and declarations of this section, a transit-oriented 9 |
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| 31 | 31 | | development pilot program is hereby established which shall allow municipalities to apply for funds 10 |
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| 32 | 32 | | for residential development. 11 |
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| 33 | 33 | | (c) Applicability. Effective January 1, 2024, in addition to the criteria to be established by 12 |
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| 34 | 34 | | the department of housing as set forth in subsection (d) of this section, to qualify for the pilot 13 |
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| 35 | 35 | | program, a municipality must have developable land or properties which is within a one-quarter 14 |
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| 36 | 36 | | (1/4) mile radius of a regional mobility hub or a one-eighth (1/8) mile radius of a frequent transit 15 |
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| 37 | 37 | | stop as such terms are defined in the 2020 Rhode Island transit master plan or its successor 16 |
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| 38 | 38 | | document. 17 |
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| 39 | 39 | | (d) Authority. The department of housing, in conjunction with input and data from the 18 |
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| 40 | 40 | | department of transportation and division of statewide planning, is hereby authorized to promulgate 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | rules and regulations consistent with this section which establish: 1 |
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| 45 | 45 | | (1) The criteria to qualify for consideration into the pilot program; 2 |
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| 46 | 46 | | (2) The process for the application, submission requirements and pre-requisites, including, 3 |
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| 47 | 47 | | but not limited to, an established zoning overlay district or other provisions which provide increased 4 |
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| 48 | 48 | | density for residential development at a minimum of ten units per acre (10 U/A), mandates for the 5 |
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| 49 | 49 | | development of affordable housing, and the easing of dimensional restrictions and parking 6 |
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| 50 | 50 | | requirements for such development; 7 |
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| 51 | 51 | | (3) Criteria for acceptance into the pilot program; 8 |
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| 52 | 52 | | (4) Reporting requirements for municipalities accepted into the pilot program; and 9 |
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| 53 | 53 | | (5) Penalties for lack of compliance with the pilot program regulations. 10 |
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| 54 | 54 | | (e) Reporting. Beginning on December 31, 2024, the department of housing shall publish 11 |
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| 55 | 55 | | an annual report regarding development under this pilot program, funds distributed and/or 12 |
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| 56 | 56 | | committed, and such report shall include categories of metrics and data agreed upon by the 13 |
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| 57 | 57 | | department of housing, department of transportation, and the participating municipalities. 14 |
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| 58 | 58 | | SECTION 2. Section 42-64.19-3 of the General Laws in Chapter 42-64.19 entitled 15 |
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| 59 | 59 | | "Executive Office of Commerce" is hereby amended to read as follows: 16 |
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| 60 | 60 | | 42-64.19-3. Executive office of commerce. 17 |
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| 61 | 61 | | (a) There is hereby established within the executive branch of state government an 18 |
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| 62 | 62 | | executive office of commerce effective February 1, 2015, to serve as the principal agency of the 19 |
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| 63 | 63 | | executive branch of state government for managing the promotion of commerce and the economy 20 |
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| 64 | 64 | | within the state and shall have the following powers and duties in accordance with the following 21 |
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| 65 | 65 | | schedule: 22 |
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| 66 | 66 | | (1) On or about February 1, 2015, to operate functions from the department of business 23 |
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| 67 | 67 | | regulation; 24 |
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| 68 | 68 | | (2) On or about April 1, 2015, to operate various divisions and functions from the 25 |
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| 69 | 69 | | department of administration; 26 |
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| 70 | 70 | | (3) On or before September 1, 2015, to provide to the Senate and the House of 27 |
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| 71 | 71 | | Representatives a comprehensive study and review of the roles, functions, and programs of the 28 |
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| 72 | 72 | | department of administration and the department of labor and training to devise recommendations 29 |
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| 73 | 73 | | and a business plan for the integration of these entities with the office of the secretary of commerce. 30 |
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| 74 | 74 | | The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and 31 |
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| 75 | 75 | | (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce 32 |
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| 76 | 76 | | and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy 33 |
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| 77 | 77 | | secretary of commerce and housing shall succeed to the position of secretary of housing, and the 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 81 | 81 | | position of deputy secretary of commerce and housing shall cease to exist under this chapter. All 1 |
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| 82 | 82 | | references in the general laws to the deputy secretary of commerce and housing shall be construed 2 |
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| 83 | 83 | | to mean the secretary of housing. The secretary of housing shall be appointed by and report directly 3 |
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| 84 | 84 | | to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy 4 |
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| 85 | 85 | | secretary of commerce and housing. Until the formation of the new department of housing pursuant 5 |
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| 86 | 86 | | to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of 6 |
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| 87 | 87 | | commerce for administrative purposes only. The secretary of housing shall: 7 |
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| 88 | 88 | | (i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in 8 |
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| 89 | 89 | | the field of urban planning, economics, or a related field of study or possess a juris doctor law 9 |
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| 90 | 90 | | degree. Preference shall be provided to candidates having earned an advanced degree consisting of 10 |
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| 91 | 91 | | an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have 11 |
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| 92 | 92 | | documented five (5) years’ full-time experience employed in the administration of housing policy 12 |
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| 93 | 93 | | and/or development; 13 |
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| 94 | 94 | | (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and 14 |
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| 95 | 95 | | developing a housing plan, including, but not limited to, the development of affordable housing 15 |
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| 96 | 96 | | opportunities to assist in building strong community efforts and revitalizing neighborhoods; 16 |
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| 97 | 97 | | (iii) Coordinate with all agencies directly related to any housing initiatives and participate 17 |
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| 98 | 98 | | in the promulgation of any regulation having an impact on housing including, but not limited to, 18 |
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| 99 | 99 | | the Rhode Island housing and mortgage finance corporation, the coastal resources management 19 |
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| 100 | 100 | | council (CRMC), and state departments including, but not limited to: the department of 20 |
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| 101 | 101 | | environmental management (DEM), the department of business regulation (DBR), the department 21 |
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| 102 | 102 | | of transportation (DOT) and statewide planning, and the Rhode Island housing resources 22 |
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| 103 | 103 | | commission; 23 |
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| 104 | 104 | | (iv) Coordinate with the housing resources commission to formulate an integrated housing 24 |
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| 105 | 105 | | report to include findings and recommendations to the governor, speaker of the house, senate 25 |
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| 106 | 106 | | president, each chamber’s finance committee, and any committee whose purview is reasonably 26 |
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| 107 | 107 | | related to, including, but not limited to, issues of housing, municipal government, and health on or 27 |
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| 108 | 108 | | before December 31, 2021, and annually thereafter which report shall include, but not be limited 28 |
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| 109 | 109 | | to, the following: 29 |
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| 110 | 110 | | (A) The total number of housing units in the state with per community counts, including 30 |
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| 111 | 111 | | the number of Americans with Disabilities Act compliant special needs units; 31 |
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| 112 | 112 | | (B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A); 32 |
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| 113 | 113 | | (C) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of 33 |
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| 114 | 114 | | the prior three (3) years in figures and as a percentage; 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 118 | 118 | | (D) The number of net new units in development and number of units completed since the 1 |
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| 119 | 119 | | prior report; 2 |
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| 120 | 120 | | (E) For each municipality the number of single-family, two-family (2), and three-family 3 |
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| 121 | 121 | | (3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful 4 |
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| 122 | 122 | | description of current conditions, including a statewide sum of each unit type; 5 |
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| 123 | 123 | | (F) The total number of units by income type; 6 |
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| 124 | 124 | | (G) A projection of the number of status quo units; 7 |
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| 125 | 125 | | (H) A projection of the number of units required to meet housing formation trends; 8 |
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| 126 | 126 | | (I) A comparison of regional and other similarly situated state funding sources that support 9 |
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| 127 | 127 | | housing development including a percentage of private, federal, and public support; 10 |
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| 128 | 128 | | (J) A reporting of unit types by number of bedrooms for rental properties including an 11 |
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| 129 | 129 | | accounting of all: 12 |
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| 130 | 130 | | (I) Single-family units; 13 |
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| 131 | 131 | | (II) Accessory dwelling units; 14 |
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| 132 | 132 | | (III) Two-family (2) units; 15 |
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| 133 | 133 | | (IV) Three-family (3) units; 16 |
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| 134 | 134 | | (V) Multi-unit sufficiently delineated units; 17 |
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| 135 | 135 | | (VI) Mixed use sufficiently delineated units; and 18 |
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| 136 | 136 | | (VII) Occupancy and vacancy rates for the prior three (3) years; 19 |
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| 137 | 137 | | (K) A reporting of unit types by ownership including an accounting of all: 20 |
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| 138 | 138 | | (I) Single-family units; 21 |
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| 139 | 139 | | (II) Accessory dwelling units; 22 |
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| 140 | 140 | | (III) Two-family (2) units; 23 |
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| 141 | 141 | | (IV) Three-family (3) units; 24 |
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| 142 | 142 | | (V) Multi-unit sufficiently delineated units; 25 |
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| 143 | 143 | | (VI) Mixed use sufficiently delineated units; and 26 |
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| 144 | 144 | | (VII) Occupancy and vacancy rates for the prior three (3) years; 27 |
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| 145 | 145 | | (L) A reporting of the number of applications submitted or filed for each community 28 |
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| 146 | 146 | | according to unit type and an accounting of action taken with respect to each application to include, 29 |
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| 147 | 147 | | approved, denied, appealed, approved upon appeal, and if approved, the justification for each 30 |
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| 148 | 148 | | approval; 31 |
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| 149 | 149 | | (M) A reporting of permits for each community according to affordability level that were 32 |
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| 150 | 150 | | sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for 33 |
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| 151 | 151 | | each approval; 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 155 | 155 | | (N) A reporting of affordability by municipality that shall include the following: 1 |
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| 156 | 156 | | (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-2 |
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| 157 | 157 | | market rate, and above-market-rate units; including the average and median costs of those units; 3 |
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| 158 | 158 | | (II) The percent and number of units of extremely low-, very low-, low-, and moderate-4 |
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| 159 | 159 | | income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24 5 |
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| 160 | 160 | | of title 45; including the average and median costs of those units; 6 |
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| 161 | 161 | | (III) The percent and number of units for the affordability levels above moderate-income 7 |
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| 162 | 162 | | housing, including a comparison to fair-market rent and fair-market homeownership; including the 8 |
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| 163 | 163 | | average and median costs of those units; 9 |
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| 164 | 164 | | (IV) The percentage of cost burden by municipality with population equivalent; 10 |
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| 165 | 165 | | (V) The percentage and number of home financing sources, including all private, federal, 11 |
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| 166 | 166 | | state, or other public support; and 12 |
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| 167 | 167 | | (VI) The cost growth for each of the previous five (5) years by unit type at each 13 |
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| 168 | 168 | | affordability level, by unit type; 14 |
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| 169 | 169 | | (O) A reporting of municipal healthy housing stock by unit type and number of bedrooms 15 |
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| 170 | 170 | | and providing an assessment of the state’s existing housing stock and enumerating any risks to the 16 |
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| 171 | 171 | | public health from that housing stock, including, but not limited to: the presence of lead, mold, safe 17 |
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| 172 | 172 | | drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable 18 |
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| 173 | 173 | | health detriment. Additionally, the report shall provide the percentage of the prevalence of health 19 |
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| 174 | 174 | | risks by age of the stock for each community by unit type and number of bedrooms; and 20 |
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| 175 | 175 | | (P) A recommendation shall be included with the report required under this section that 21 |
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| 176 | 176 | | shall provide consideration to any and all populations, ethnicities, income levels, and other relevant 22 |
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| 177 | 177 | | demographic criteria determined by the secretary, and with regard to any and all of the criteria 23 |
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| 178 | 178 | | enumerated elsewhere in the report separately or in combination, provide recommendations to 24 |
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| 179 | 179 | | resolve any issues that provide an impediment to the development of housing, including specific 25 |
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| 180 | 180 | | data and evidence in support of the recommendation. All data and methodologies used to present 26 |
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| 181 | 181 | | evidence are subject to review and approval of the chief of revenue analysis, and that approval shall 27 |
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| 182 | 182 | | include an attestation of approval by the chief to be included in the report; 28 |
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| 183 | 183 | | (v) Have direct oversight over the office of housing and community development (OHCD) 29 |
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| 184 | 184 | | and shall be responsible for coordinating with the secretary of commerce a shared staffing 30 |
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| 185 | 185 | | arrangement until June 30, 2023, to carry out the provisions of this chapter; 31 |
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| 186 | 186 | | (vi) On or before November 1, 2022, develop a housing organizational plan to be provided 32 |
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| 187 | 187 | | to the general assembly that includes a review, analysis, and assessment of functions related to 33 |
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| 188 | 188 | | housing of all state departments, quasi-public agencies, boards, and commissions. Provided, 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 192 | 192 | | further, the secretary, with the input from each department, agency, board, and commission, shall 1 |
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| 193 | 193 | | include in the plan comprehensive options, including the advantages and disadvantages of each 2 |
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| 194 | 194 | | option and recommendations relating to the functions and structure of the new department of 3 |
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| 195 | 195 | | housing. 4 |
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| 196 | 196 | | (viii) Establish rules and regulations as set forth in § 45-24-77. 5 |
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| 197 | 197 | | (b) In this capacity, the office shall: 6 |
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| 198 | 198 | | (1) Lead or assist state departments and coordinate business permitting processes in order 7 |
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| 199 | 199 | | to: 8 |
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| 200 | 200 | | (i) Improve the economy, efficiency, coordination, and quality of the business climate in 9 |
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| 201 | 201 | | the state; 10 |
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| 202 | 202 | | (ii) Design strategies and implement best practices that foster economic development and 11 |
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| 203 | 203 | | growth of the state’s economy; 12 |
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| 204 | 204 | | (iii) Maximize and leverage funds from all available public and private sources, including 13 |
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| 205 | 205 | | federal financial participation, grants, and awards; 14 |
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| 206 | 206 | | (iv) Increase public confidence by conducting customer centric operations whereby 15 |
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| 207 | 207 | | commercial enterprises are supported and provided programs and services that will grow and 16 |
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| 208 | 208 | | nurture the Rhode Island economy; and 17 |
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| 209 | 209 | | (v) Be the state’s lead agency for economic development. 18 |
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| 210 | 210 | | (2) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.] 19 |
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| 211 | 211 | | (c) The office shall include the office of regulatory reform and other administration 20 |
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| 212 | 212 | | functions that promote, enhance, or regulate various service and functions in order to promote the 21 |
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| 213 | 213 | | reform and improvement of the regulatory function of the state. 22 |
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| 214 | | - | SECTION 3. Section 42-64.34-1 of the General Laws in Chapter 42-64.34 entitled "The 23 |
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| 215 | | - | Department of Housing" is hereby amended to read as follows: 24 |
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| 216 | | - | 42-64.34-1. Department established. 25 |
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| 217 | | - | Effective January 1, 2023, there is hereby established within the executive branch of the 26 |
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| 218 | | - | state government a department of housing. The head of the department shall be the secretary of 27 |
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| 219 | | - | housing, who shall be appointed by the governor with the advice and consent of the senate. The 28 |
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| 220 | | - | position of secretary is hereby created in the unclassified service. The secretary shall hold office at 29 |
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| 221 | | - | the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take 30 |
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| 222 | | - | an oath to faithfully execute the duties of the office. 31 |
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| 223 | | - | SECTION 4. This act shall take effect on January 1, 2024. 32 |
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| 214 | + | SECTION 3. This act shall take effect on January 1, 2024. 23 |
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