2020 -- H 7615 | |
======== | |
LC004374 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMMUNITY RESILIENCY | |
AND PRESERVATION ACT | |
| |
Introduced By: Representatives Ruggiero, Bennett, Slater, Cortvriend, and Chippendale | |
Date Introduced: February 14, 2020 | |
Referred To: House Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 69 |
4 | RHODE ISLAND COMMUNITY RESILIENCY AND PRESERVATION ACT |
5 | 45-69-1. Short Title. |
6 | This chapter shall be known and may be cited as the “Rhode Island Community |
7 | Resiliency and Preservation Act”. |
8 | 45-69-2. Findings and Purposes. |
9 | The general assembly finds and declares that: |
10 | (1) Capital investments in our communities are essential to protecting their character, |
11 | environment, heritage, quality of life, climate resilience, and economic vitality; |
12 | (2) Cities and towns need capital funding to protect special open spaces, working farms, |
13 | forests, natural areas, and historic landmarks, as well as, to create parks and outdoor recreation |
14 | facilities that support all residents’ health and wellbeing; |
15 | (3) Cities and towns need capital funding to restore and improve the climate resilience of |
16 | vulnerable coastal habitats, river and stream floodplains, and critical infrastructure for improving |
17 | community resilience to impacts from climate change; |
18 | (4) Cities and towns need a reliable “pay as you go” source of funding for these capital |
| |
1 | investments to reduce dependence on bond funding; and |
2 | (5) Cities and towns need a reliable source of funding to provide the matching funds |
3 | required to receive state, federal and foundation grants. |
4 | Therefore, the general assembly is providing cities and towns with the authority to |
5 | propose, for consideration and decision by their voters, a reliable source of capital funding for |
6 | investing in their community. |
7 | 45-69-3. Definitions. |
8 | As used in this chapter, the following words shall have the following meaning: |
9 | (1) “Acquire” means to obtain by gift, purchase, devise, grant, or otherwise. |
10 | (2) “Capital improvement” means the reconstruction or alteration of real property that: |
11 | (i) Materially adds to the value of the real property; |
12 | (ii) Appreciably prolongs the useful life of the real property; |
13 | (iii) Becomes part of the real property or is permanently affixed to the real property to the |
14 | extent that removal would cause material damage to the property or article itself; and |
15 | (iv) Is intended to become a permanent installation or is intended to remain there for an |
16 | indefinite period of time. |
17 | (3) “Community preservation” means the acquisition, creation, preservation and |
18 | restoration of open space; the acquisition and creation and preservation of historic resources; and |
19 | the creation and restoration of infrastructure necessary to adapt to rising sea levels, severe storms |
20 | and other impacts from changing climate. |
21 | (4) “Community resiliency and preservation committee” means the committee |
22 | established by the city or town council of a city or town to make recommendations for |
23 | community preservation, as provided in § 45-69-6. |
24 | (5) “Community resiliency and preservation fund” means the municipal fund established |
25 | under § 45-69-8. |
26 | (6) “Historic resources” means any real property, structure, natural object, place, |
27 | landmark, landscape, archaeological site or configuration or any portion or group of the preceding |
28 | which has been listed on the federal or state register of historic places or that is considered by the |
29 | Rhode Island Historical Preservation and Heritage Commission to meet the eligibility criteria for |
30 | listing on the state register of historic places pursuant to § 42-45-5, or is located in a historic |
31 | district established by a municipality in accordance with chapter 24.1 of title 45. |
32 | (7) “Maintenance” means the incidental repairs which neither materially add to the value |
33 | of the property nor, appreciably prolong the property’s life, but keep the property in a condition |
34 | of fitness, efficiency or readiness. |
| LC004374 - Page 2 of 10 |
1 | (8) “Open space” means and includes, but is not limited to, land to protect existing and |
2 | future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, |
3 | fields, forest land, fresh and salt water marshes and other wetlands, ocean, river, stream, lake and |
4 | pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for |
5 | wildlife habitat or nature preserve and land for outdoor recreational use. |
6 | (9) “Preservation” means the protection of personal or real property from injury, harm or |
7 | destruction. |
8 | (10) “Real property” means land, buildings, appurtenant structures and fixtures attached |
9 | to buildings or land, including, where applicable, real property interests. |
10 | (11) “Real property interest” means a present or future legal or equitable interest in or to |
11 | real property, including easements and restrictions, and any beneficial interest therein, including |
12 | the interest of a beneficiary in a trust which holds a legal or equitable interest in real property, but |
13 | shall not include an interest which is limited to the following: |
14 | (i) An estate at will or at sufferance and any estate for years having a term of less than |
15 | thirty (30) years; |
16 | (ii) The reversionary right, condition or right of entry for condition broken; or |
17 | (iii) The interest of a mortgagee or other secured party in a mortgage or security |
18 | agreement. |
19 | (12) “Recreational use” means the active or passive recreational use including, but not |
20 | limited to, the use of land for community gardens, trails, and noncommercial youth and adult |
21 | sports, and the use of land as a park, playground or athletic field. “Recreational use” shall not |
22 | include horse or dog racing or the use of land for a stadium, gymnasium or similar structure. |
23 | (13) “Rehabilitation” means capital improvements, or the making of extraordinary repairs |
24 | to historic resources, open spaces, lands for recreational use and for the purpose of making such |
25 | historic resources, open spaces and lands for recreational use for their intended uses, including |
26 | but not limited to, improvements to comply with the Americans with Disabilities Act of 1990, |
27 | and other federal, state or local building or access codes; provided, that with respect to historic |
28 | resources, “rehabilitation” shall comply with the Standards for Rehabilitation stated in the United |
29 | States Secretary of the Interior’s Standards for the Treatment of Historic Properties codified in 36 |
30 | C.F.R. Part 68; and provided further, that with respect to land for recreational use, |
31 | “rehabilitation” shall include the replacement of playground equipment and other capital |
32 | improvements to the land or the facilities thereon which make the land or the related facilities |
33 | more functional for the intended recreational use. |
34 | 45-69-4. Voter approval required. |
| LC004374 - Page 3 of 10 |
1 | (a) Any ordinance providing for the implementation of §§ 45-69-4 through 45-69-8, |
2 | which has been duly adopted by a city or town, shall only be effective upon its approval by the |
3 | voters of the city or town through a ballot question pursuant to this section. |
4 | (b) The city or town council may vote to accept §§ 45-69-4 through 45-69-8, inclusive, |
5 | by approving a surcharge on real property of not more than three percent (3%) of the real estate |
6 | tax levy against real property, as determined annually by the assessor. The amount of the |
7 | surcharge shall not be included in a calculation of total maximum levy for purposes of § 44-5-2. |
8 | (c) All exemptions and abatements of real property authorized by chapter 3 of title 44, or |
9 | any other law for which a taxpayer qualifies as eligible shall not be affected by this section. A |
10 | taxpayer receiving an exemption of real property authorized by chapter 3 of title 44, or any other |
11 | law shall be exempt from any surcharge on real property established under this section. The |
12 | surcharge to be paid by a taxpayer receiving an abatement of real property authorized by chapter |
13 | 3 of title 44, or any other law shall be reduced in proportion to the amount of such abatement. |
14 | (d) Any amount of the surcharge not paid by the due date shall bear interest at the rate per |
15 | annum provided in § 44-5-9. |
16 | (e) The city or town council may vote to accept one or more of the following exemptions: |
17 | (1) For property owned and occupied as a domicile by a person who would qualify for |
18 | low- or moderate-income housing in the city or town; |
19 | (2) For commercial and industrial, properties in cities or towns with classified tax rates; |
20 | (3) For the tax levy on one hundred thousand dollars ($100,000) of the value of each |
21 | taxable parcel of residential real property; or |
22 | (4) For the tax levy on one hundred thousand dollars ($100,000) of the value of each |
23 | taxable parcel of commercial property and industrial property. |
24 | (f) Upon approval by the city or town council, the actions of the body shall be submitted |
25 | for acceptance to the voters of a city or town at the next regular or special municipal or state |
26 | election. The city or town clerk or the secretary of state shall place the proposition on the ballot |
27 | in the form of the following question: |
28 | "Shall this (city or town) accept §§ 45-69-4 through 45-69-8, as approved by its (city or |
29 | town) council, a summary of which appears below?" |
30 | (Set forth here a fair, concise summary and purpose of the law to be acted upon, as |
31 | determined by the city or town solicitor, including, in said summary, the percentage of the |
32 | surcharge to be imposed.) |
33 | If a majority of the voters voting on said question vote in the affirmative, then its |
34 | provisions shall take effect in the city or town, but not otherwise. |
| LC004374 - Page 4 of 10 |
1 | 45-69-5. Imposition of surcharge. |
2 | (a) Upon acceptance of §§ 45-69-4 through 45-69-8, inclusive, and upon the assessor's |
3 | warrant to the tax collector, the accepted surcharge shall be imposed. |
4 | (b) After receipt of the warrant, the tax collector shall collect the surcharge in the amount |
5 | and according to the computation specified in the warrant and shall pay the amounts so collected, |
6 | quarterly according to the schedule for collection of property taxes for the tax on real property, to |
7 | the city's or town's treasurer. The tax collector shall cause appropriate books and accounts to be |
8 | kept with respect to such surcharge, which shall be subject to public examination upon reasonable |
9 | request from time to time. |
10 | (c) The remedies provided by chapter 7 of title 44 for the collection of taxes upon real |
11 | estate shall apply to the surcharge on real property pursuant to this section. |
12 | 45-69-6. Community resiliency and preservation committee. |
13 | (a) A city or town that accepts §§ 45-69-4 through 45-69-8, inclusive, shall establish by |
14 | ordinance a community resiliency and preservation committee. The committee shall consist of not |
15 | less than five (5) nor more than nine (9) members. The ordinance shall determine the composition |
16 | of the committee, the length of its term, and the method of selecting its members, whether by |
17 | election or appointment or by a combination thereof. The committee shall include, but not be |
18 | limited to: one member of the planning board established under § 45-22-1, as designated by the |
19 | board; one member of the municipal land trust or nonprofit land trust established pursuant to § |
20 | 42-17.1-2(28)(ii), designated by the land trust; if no land trust exists, one member of the |
21 | conservation commissions established under chapter 35 of this title, as designated by the |
22 | commissions; one member representing historical preservation interests; one member |
23 | representing park and outdoor recreation interests; and one member representing community |
24 | adaptation to climate change impacts; and/or persons, as determined by the ordinance, acting in |
25 | the capacity of or performing like duties of the commissions, board or authority if they have not |
26 | been established in the city or town. If there are no persons acting in the capacity of or |
27 | performing like duties of any such commission, board or authority, the ordinance shall outline an |
28 | appointment process that assures that membership of the community resiliency and preservation |
29 | committee shall include individuals appointed with knowledge and interest in each subject matter: |
30 | land conservation, parks, historic preservation, and adaptation to climate impacts. A city or town |
31 | ordinance establishing this committee may designate the planning board established under § 45- |
32 | 22-1 as the community resiliency and preservation committee. |
33 | (b)(1) The community resiliency and preservation committee shall study the needs, |
34 | possibilities and resources of the city or town regarding community preservation, including the |
| LC004374 - Page 5 of 10 |
1 | consideration of regional projects for community preservation. The committee shall consult with |
2 | existing municipal boards, including the conservation commissions, the historical commission, |
3 | the planning board, and the park department, or persons acting in those capacities or performing |
4 | like duties, in conducting such studies. As part of its study, the committee shall hold one or more |
5 | public informational hearings on the needs, possibilities and resources of the city or town |
6 | regarding community preservation possibilities and resources, notice of which shall be posted |
7 | publicly and published for each of two (2) weeks preceding a hearing in a newspaper of general |
8 | circulation in the city or town. |
9 | (2) The community resiliency and preservation committee shall make recommendations |
10 | to the city or town council for the acquisition, creation and preservation of open space; for the |
11 | acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, |
12 | creation, preservation, rehabilitation and restoration of land for recreational use; for rehabilitation |
13 | or restoration of open space that is acquired or created as provided in this section; and for capital |
14 | investments for improving the community's climate resilience as provided in this section; |
15 | provided, however, that funds expended pursuant to this section shall not be used for maintenance |
16 | and upkeep. With respect to recreational use, the acquisition of artificial turf for athletic fields |
17 | shall be prohibited. |
18 | (3) The community resiliency and preservation committee may include in its |
19 | recommendation to the city or town council a recommendation to set aside for later spending |
20 | funds for specific purposes that are consistent with community preservation but for which |
21 | sufficient revenues are not then available in the community preservation fund to accomplish that |
22 | specific purpose. |
23 | (c) The community resiliency and preservation committee shall not meet or conduct |
24 | business without the presence of a quorum. A majority of the members of the community |
25 | resiliency and preservation committee shall constitute a quorum. The community resiliency and |
26 | preservation committee shall approve its actions by majority vote. Recommendations to the city |
27 | or town council shall include their anticipated costs. |
28 | (d) After receiving recommendations from the community resiliency and preservation |
29 | committee, the city or town council shall take such action and approve such appropriations from |
30 | the community preservation fund, as set forth in § 45-69-8, and such additional non-community |
31 | preservation fund appropriations as it deems appropriate to carry out the recommendations of the |
32 | community resiliency and preservation committee. |
33 | (f) No real property, or interest therein, shall be acquired by any city or town for a price |
34 | exceeding the value of the property as determined by such city or town through procedures |
| LC004374 - Page 6 of 10 |
1 | customarily accepted by the appraising profession as valid. |
2 | 45-69-7. Minimum spending requirements for community preservation fund. |
3 | (a) In each fiscal year and upon the recommendation of the community resiliency and |
4 | preservation committee, the city or town council shall spend, or set aside for later spending, not |
5 | less than ten percent (10%) of the annual revenues in the community preservation fund for open |
6 | space, parks and outdoor recreation facilities; not less than ten percent (10%) of the annual |
7 | revenues for historic resources; and not less than ten percent (10%) of the annual revenues for |
8 | climate resilience. In each fiscal year, the city or town council shall make appropriations from |
9 | the community preservation fund as it deems necessary for the administrative and operating |
10 | expenses of the community resiliency and preservation committee and such appropriations shall |
11 | not exceed five percent (5%) of the annual revenues in the community preservation fund. |
12 | (b) Funds that are set aside shall be held in the community preservation fund and spent in |
13 | that year or later years; provided, however, that funds set aside for a specific purpose shall be |
14 | spent only for the specific purpose. Any funds set aside may be expended in any city or town. |
15 | The community preservation funds shall not replace existing operating funds, only augment them. |
16 | 45-69-8. Establishment of community preservation fund. |
17 | (a) A city or town that accepts §§ 45-69-4 through 45-69-8, inclusive, shall establish a |
18 | separate account to be known as the community preservation fund of which the municipal |
19 | treasurer shall be the custodian. The authority to approve expenditures from the fund shall be |
20 | limited to the city or town council upon recommendation from the community resiliency and |
21 | preservation committee, and the municipal treasurer shall pay such expenses. |
22 | (b) The following monies shall be deposited in the fund: |
23 | (1) All funds collected from the real property surcharge pursuant to § 45-69-5; |
24 | (2) All funds received from the state or any other source for such purposes; |
25 | (3) Proceeds from the disposal of real property acquired with funds from the community |
26 | preservation fund; and |
27 | (4) All interest, dividends and other income from deposits or investments of the |
28 | community preservation fund. The expenditure of revenues from the fund shall be limited to |
29 | implementing the recommendations of the community resiliency and preservation committee and |
30 | providing administrative and operating expenses to the committee. |
31 | 45-69-9. Permanent conservation or preservation restrictions. |
32 | (a) A real property interest that is acquired with monies from the community |
33 | preservation fund shall be bound by a permanent conservation or preservation restriction per |
34 | chapter 39 of title 34, recorded as a separate instrument and limiting the use of the interest to the |
| LC004374 - Page 7 of 10 |
1 | purpose for which it was acquired. The permanent restriction shall run with the land and shall be |
2 | enforceable by the city or town or the state. The permanent restriction may also run to the benefit |
3 | of a nonprofit organization, charitable corporation or foundation selected by the city or town with |
4 | the right to enforce the restriction. The city or town council may appropriate monies from the |
5 | community preservation fund to pay a nonprofit organization created pursuant to § 42-17.1- |
6 | 2(28)(ii), to hold, monitor and enforce the deed restriction on said property. |
7 | (b) Real property interests acquired under this section shall be owned and managed by the |
8 | city or town, but the city or town council may delegate management of such property to a land |
9 | trust, conservation commission, historical commission, or park department as appropriate for the |
10 | property interests acquired, or, in the case of interests to acquire sites for future wellhead |
11 | development for drinking water, a water board, a water supply district or a fire district. The city |
12 | or town council may also delegate management of such property to a nonprofit organization |
13 | created under § 42-17.1-2(28)(ii). |
14 | 45-69-10. Accounting to be kept. |
15 | The community resiliency and preservation committee shall keep a full and accurate |
16 | account of all of its actions, including its recommendations and the action taken on them, and |
17 | records of all appropriations or expenditures made from the community preservation fund. The |
18 | committee shall also keep records of any real property interests acquired, disposed of, or |
19 | improved by the city or town upon its recommendation, including the names and addresses of the |
20 | grantors or grantees and the nature of the consideration. The records and accounts shall be public |
21 | records. |
22 | 45-69-11. Acceptance of state grants. |
23 | (a) Notwithstanding the provisions of any general or special law to the contrary, every |
24 | city or town that accepts §§ 45-69-4 through 45-69-8, inclusive, shall not be precluded from |
25 | participating in state grant programs. |
26 | (b) State grant programs may include local adoption of this section among the criteria for |
27 | selection of grant recipients. Funds in the community preservation fund may be made available |
28 | and used by the city or town as the local share for state or federal grants upon recommendation of |
29 | the community resiliency and preservation committee and the city or town council, as provided |
30 | for in § 45-69-6, if such grants and such local share are used in a manner consistent with the |
31 | recommendations of the community resiliency and preservation committee. |
32 | 45-69-12. Amendment and revocation. |
33 | (a) At any time after imposition of the surcharge, the city or town council may approve |
34 | and the voters may accept an amendment to the amount and computation of the surcharge, or to |
| LC004374 - Page 8 of 10 |
1 | the amount of exemption or exemptions, in the same manner and within the limitations set forth |
2 | in this section. |
3 | (b) At any time after the expiration of five (5) years after the date on which §§ 45-69-4 |
4 | through 45-69-8, inclusive, have been accepted in a city or town, said sections may be revoked in |
5 | the same manner as they were accepted by such city or town, but the surcharge imposed under § |
6 | 45-69-4 shall remain in effect in any such city or town, with respect to unpaid taxes on past |
7 | transactions and with respect to taxes due on future transactions, until all contractual obligations |
8 | incurred by the city or town prior to such termination shall have been fully discharged. |
9 | SECTION 2. Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local |
10 | Taxes" is hereby amended by adding thereto the following section: |
11 | 44-5-87. Community preservation special purpose levy. |
12 | (a) Cities and towns that adopt §§ 45-69-4 through 45-69-8 inclusive, according to the |
13 | procedures specified therein, may levy a surcharge on real property of not more than three percent |
14 | (3%) of the real estate tax levy against real property, as determined annually by the assessor. |
15 | (b) Notwithstanding any provision of law or ordinance to the contrary, a special levy |
16 | adopted in accordance with the provisions of § 45-69-5, is not to be included in the calculation or |
17 | approval of the maximum levy as set forth in § 44-5-2. |
18 | (c) The proceeds of said levy, as set forth in subsection (a) of this section, shall be used |
19 | solely for the purposes set forth in § 45-69-6. |
20 | SECTION 3. This act shall take effect on July 1, 2020. |
======== | |
LC004374 | |
======== | |
| LC004374 - Page 9 of 10 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMMUNITY RESILIENCY | |
AND PRESERVATION ACT | |
*** | |
1 | This act would authorize cities and towns with the authority to propose, for consideration |
2 | and decision by their voters, a reliable source of capital funding for investing in their community. |
3 | This act would take effect on July 1, 2020. |
======== | |
LC004374 | |
======== | |
| LC004374 - Page 10 of 10 |