Chapter 324

2004 -- H 8574 SUBSTITUTE A

Enacted 07/03/04

A N A C T

RELATING TO HOUSING

     

     

     Introduced By: Representatives Kennedy, Winfield, Menard, Petrarca, and McHugh

     Date Introduced: May 27, 2004

 

     

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 42-11-10 of the General Laws in Chapter 42-11 entitled

"Department of Administration" is hereby amended to read as follows:

     42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds

that the people of this state have a fundamental interest in the orderly development of the state;

the state has a positive interest and demonstrated need for establishment of a comprehensive

strategic state planning process and the preparation, maintenance, and implementation of plans

for the physical, economic, and social development of the state; the continued growth and

development of the state presents problems that cannot be met by the cities and towns

individually and that require effective planning by the state; and state and local plans and

programs must be properly coordinated with the planning requirements and programs of the

federal government.

      (b) Establishment of statewide planning program. - (1) A statewide planning program is

hereby established to prepare, adopt, and amend strategic plans for the physical, economic, and

social development of the state and to recommend these to the governor, the general assembly,

and all others concerned.

      (2) All strategic planning, as defined in subsection (c) of this section, undertaken by the

executive branch for those departments and other agencies enumerated in subsection (g) of this

section, shall be conducted by or under the supervision of the statewide planning program. The

statewide planning program shall consist of a state planning council, and the office of strategic

planning and the office of systems planning of the division of planning, which shall be a division

within the department of administration.

      (c) Strategic planning. - Strategic planning includes the following activities:

      (1) Establishing or identifying general goals.

      (2) Refining or detailing these goals and identifying relationships between them.

      (3) Formulating, testing, and selecting policies and standards that will achieve desired

objectives.

      (4) Preparing long-range or system plans or comprehensive programs that carry out the

policies and set time schedules, performance measures, and targets.

      (5) Preparing functional short-range plans or programs that are consistent with

established or desired goals, objectives, and policies, and with long-range or system plans or

comprehensive programs where applicable, and that define establish measurable intermediate

steps toward their accomplishment of the goals, objectives, policies, and/or long-range system

plans.

      (6) Monitoring the planning of specific projects and designing of specific programs of

short duration by the operating departments, and other agencies of the executive branch, and

political subdivisions of the state to insure that these are consistent with and carry out the intent

of applicable strategic plans.

      (7) Reviewing the execution of strategic plans and the results obtained and making

revisions necessary to achieve established goals.

      (d) State guide plan. - Components of strategic plans prepared and adopted in accordance

with this section may be designated as elements of the state guide plan. The state guide plan shall

be comprised of functional elements or plans dealing with land use; physical development and

environmental concerns; economic development; housing production; energy supply, access, use,

and conservation; human services; and other factors necessary to accomplish the objective of this

section. The state guide plan shall be a means for centralizing, and integrating, and monitoring

long-range goals, policies, and plans, and implementation activities related thereto. State agencies

concerned with specific subject areas, local governments, and the public shall participate in the

state guide planning process, which shall be closely coordinated with the budgeting process.

      (e) Membership of state planning council. - The state planning council shall consist of:

      (1) The director of the department of administration as chairperson;

      (2) The director, policy office, in the office of the governor, as vice-chairperson;

      (3) The governor, or his or her designee;

      (4) The budget officer;

      (5) The director of the office chairperson of the housing, energy and intergovernmental

relations resources commission;

      (6) The chief of statewide planning, as secretary;

      (7) The president of the league of cities and towns or his or her designee and one official

of local government, who shall be appointed by the governor from a list of not less than three (3)

submitted by the Rhode Island league of cities and towns; and

      (8) The executive director of the league of cities and towns;

      (9) The speaker of the house or his or her designee; One representative of a nonprofit

community development or housing organization;

      (10) The president of the senate or his or her designee;

      (11) (10) Four (4) public members, three (3) of whom shall be appointed by the

governor, and one of whom shall be appointed by the speaker of the house for terms of three (3)

years;

      (12) (11) Two (2) representatives of a private, nonprofit environmental advocacy

organization, one both to be appointed by the speaker of the house and one to be appointed by the

president of the senate governor; and

      (13) (12) The director of planning and development for the city of Providence.

      (f) Powers and duties of state planning council. - The state planning council shall have

the following powers and duties:

      (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

and to modify and amend any of these, following the procedures for notification and public

hearing set forth in section 42-35-3, and to recommend and encourage implementation of these

goals to the general assembly, state and federal agencies, and other public and private bodies;

approval of strategic plans by the governor;

      (2) To coordinate the planning and development activities of all state agencies, in

accordance with strategic plans prepared and adopted as provided for by this section;

      (3) To review and comment on the proposed annual work program of the statewide

planning program;

      (4) To adopt rules and standards and issue orders concerning any matters within its

jurisdiction as established by this section and amendments to it;

      (5) To establish advisory committees and appoint members thereto representing diverse

interests and viewpoints as required in the state planning process and in the preparation or

implementation of strategic plans. The state planning council shall appoint a permanent

committee comprised of:

      (i) Public members from different geographic areas of the state representing diverse

interests, and

      (ii) Officials of state, local and federal government, which shall review all proposed

elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

advise the state planning council thereon before the council acts on any such proposal. This

committee shall also advise the state planning council on any other matter referred to it by the

council; and

      (6) To establish and appoint members to an executive committee consisting of major

participants of a Rhode Island geographic information system with oversight responsibility for its

activities.

      (g) Division of planning. - (1) The division of planning shall be the principal staff

agency of the state planning council for preparing and/or coordinating strategic plans for the

comprehensive management of the state's human, economic, and physical resources. The division

of planning shall recommend to the state planning council specific guidelines, standards, and

programs to be adopted to implement strategic planning and the state guide plan and shall

undertake any other duties established by this section and amendments thereto.

      (2) The division of planning shall maintain records (which shall consist of files of

complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

adopted or issued by the state planning council under this section. The records shall be open to

the public.

      (3) The division of planning shall manage and administer the Rhode Island geographic

information system of land-related resources, and shall coordinate these efforts with other state

departments and agencies, including the University of Rhode Island, which shall provide

technical support and assistance in the development and maintenance of the system and its

associated data base.

     (4) The division of planning shall coordinate and oversee the provision of technical

assistance to political subdivisions of the state in preparing and implementing plans to accomplish

the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

plan and shall make available to cities and towns data and guidelines that may be used in

preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

elements thereby.

      (h) Transfer determinations. - (1) The director of administration, with the approval of the

governor, shall make the conclusive determination of the number of positions, personnel, physical

space, property, records, and appropriation balances, allocations and other funds of the

department of mental health, retardation, and hospitals, department of health, department of

human services, department of corrections, department of labor and training, department of

environmental management, department of business regulation, department of transportation,

department of state library services, Rhode Island Economic Development Corporation,

department of elderly affairs, department for children and their families, historical preservation

commission, water resources board, and the defense civil preparedness/emergency management

agency of the executive department to be transferred to the department of administration in

connection with the functions transferred there into by the provisions of this article.

      (2) In order to ensure continuity of the strategic planning process of the department

specified heretofore, the actual transfer of functions or any part thereof to the department of

administration may be postponed after July 1, 1985 until such time as, by executive order of the

governor, the transfer herein provided can be put into force and effect but no later than December

31, 1985.

     SECTION 2. Section 42-55-2 of the General Laws in Chapter 42-55 entitled "Rhode

Island Housing and Mortgage Finance Corporation" is hereby amended to read as follows:

     42-55-2. Legislative findings. – (a) It is hereby found and declared as follows: there

exists a serious shortage of safe and sanitary residential housing and shelter in the state available

to and affordable by persons and families of low and moderate income, and the elderly and

workers, and their families; this condition is conducive to disease, crime, environmental decline,

and poverty, and impairs the economic development of the state and communities and the

economic value of large areas, which are characterized by depreciated value, impaired

investments, and reduced capacity to pay taxes and is a menace to the health, safety, morals, and

welfare of the citizens of the state; this condition results in a loss of population and further

deterioration accompanied by added costs to communities in the creation of new public facilities

and services elsewhere; it is difficult and uneconomical for individual owners independently to

remedy this condition; it is desirable to encourage joint efforts to clear, replan, rehabilitate, and

reconstruct these areas; it is necessary to create inducements and opportunities for private and

public investment in these activities in these areas with appropriate planning, land use, and

construction policies; it is also necessary to assist owners of residential housing to retain and

operate these units; these activities on a large scale are necessary for the public welfare and are

public uses and purposes for which private property may be acquired; one major cause of this

condition has been recurrent shortages of funds from private sources; these shortages have

contributed to reductions in construction of new residential units, have resulted in the sale of

existing housing owned by persons and families of low and moderate income, and have made the

purchase of existing residential units a virtual impossibility in certain parts of the state; hospital

and other health care services provided at reasonable cost are of vital concern to the health,

safety, and welfare of the people of the state, and existing hospitals and other health care facilities

are no longer adequate to meet the needs of modern medical care; the ordinary operations of

private enterprise have not in the past corrected these conditions; the reduction in residential and

health care facility construction has caused substantial unemployment and under-employment in

the construction industry which results in hardships, wastes human resources, increases the public

assistance burdens of the state, impairs the security of family life, impedes the economic and

physical development of the state, and adversely affects the welfare, health, and prosperity of all

the people of the state; a stable supply of adequate funds for residential and health care facility

financing is required to encourage new housing and health care facilities in an orderly and

sustained manner and thereby reduce these results; it is necessary to create a state housing and

mortgage finance corporation to encourage the investment of private capital and stimulate and

assist in the construction, rehabilitation, operation, retention, and maintenance of residential

housing and health care facilities through the use of public financing, to provide construction and

mortgage loans, to make grants to shelters for the homeless, and to make provision for the

purchase of mortgage loans and otherwise; it is further necessary that the corporation be provided

with the power to acquire and operate housing projects on an individual or partnership basis in

order to meet the housing demands of the state; and all of the foregoing are public purposes and

uses for which public moneys may be borrowed, expended, advanced, loaned, or granted.

     (b) It is further found and declared as follows: Rhode Island has distinctive historical

development patterns and natural systems, which are critical to public health, welfare, community

and neighborhood identity and functionality, and quality of life, and which merit preservation,

protection, and enhancement; state and local government have planning and regulatory processes

that have as their purposes the accomplishment of this preservation, protection, and enhancement;

it is necessary that the corporation exercise its powers and administer its programs and

responsibilities in a manner that is consistent with and advances the purposes of duly adopted

state plans, including specifically the state guide plan, adopted pursuant to section 42-11-10, and

with local comprehensive plans, prepared and adopted pursuant to chapter 45-22.2, that have been

approved as consistent with the state guide plan.

     SECTION 3. Chapter 42-55 of the General Laws in title 42 entitled “State Affairs and

Government” is hereby amended by adding thereto the following sections:

     42-55-5.2. Consistency with plans. -- The corporation shall exercise its powers under

this chapter in a manner that is consistent on a programmatic basis with the state guide plan,

adopted pursuant to section 42-11-10 and with local comprehensive plans, prepared and adopted

pursuant to chapter 45-22.2, that have been approved as consistent with the state guide plan.

     42-55-5.3. Letters of eligibility. -- The corporation shall issue all letters of eligibility for

low and moderate income housing for applications made pursuant to chapter 45-53.

     (a) Evaluation of requests for letters of eligibility:

     (1) The corporation shall establish for each application:

     (i) the name and address of the applicant;

     (ii) the address of the site and site description;

     (iii) the number and type (homeownership or rental) of housing units proposed;

     (iv) the name of the housing program under which project eligibility is sought;

     (v) relevant details of the particular project if not mandated by the housing program

(including percentage of units for low or moderate income households, income eligibility

standards, the duration of restrictions requiring low or moderate income housing); and

     (2) The corporation shall determine:

     (i) that the proposed project appears generally eligible under the requirements of the

housing program, subject to final review of eligibility and to final approval;

     (ii) that the subsidizing agency, or the corporation, has performed an on-site inspection of

the site and has reviewed pertinent information submitted by the applicant;

     (iii) that an initial pro forma has been reviewed and the project appears financially

feasible on the basis of estimated development costs;

     (iv) that the developer meets the general eligibility standards of the housing program; and

     (v) that the applicant controls the site.

      (b) The corporation shall provide a copy of the letter of eligibility to the administrative

officer of the local review board of the city or town in which the project would be located.

     (c) The corporation shall annually report to the governor, the speaker of the house and the

president of the senate, and the secretary of the state planning council, by February 15:

     (1) The number of letters of eligibility issued, the federal and state subsidy programs

under which they were eligible, and the number of proposed subsidized units involved, by city

and town, during the preceding calendar year;

     (2) The number of units of low and moderate income housing constructed under federal

and state subsidy programs, during the preceding calendar year;

     (3) The average annual number of units of low and moderate income housing constructed

under federal and state subsidy programs for the three (3) preceding calendar years; and

     (4) The number of units of low and moderate income housing likely to be constructed in

the current calendar year based on the three (3) year average of units constructed, adjusted for any

changes in law that either increased or decreased funding available for subsidizing the

construction of low and moderate income housing. The average annual number of units of

subsidized low and moderate income housing, adjusted for any changes in law, shall be a basis

for assessing whether low and moderate income housing goals within affordable housing plans

are being implemented.

     SECTION 4. Chapter 42-113 of the General Laws, entitled “Rhode Island Housing and

Conservation Trust Fund Act” is hereby amended by adding thereto the following section:

     42-113-11. Commission Housing and Conservation Trust Study Commission. --

     (a) There is hereby created a “Housing and Conservation Trust Study Commission” with

thirteen (13) members as follows: the presiding officer, or the designee of the presiding officer, of

the Audubon Society of Rhode Island, Church Community Housing Corporation, Grow Smart

Rhode Island, the Housing Network, the Rhode Island Association of Realtors, the Rhode Island

Association of Public Housing Authorities, the Rhode Island Builders Association, the Rhode

Island Chapter of the American Planning Association, the Rhode Island Council of Land Trusts,

the Rhode Island Housing and Mortgage Finance Corporation, the Rhode Island Housing

Resources Commission, the Rhode Island League of Cities and Towns, and The Nature

Conservancy. The representative of Grow Smart Rhode Island shall call the organizational

meeting of the commission, and the commission shall elect from its members a chairperson, a

vice chairperson and a secretary.

     (b) The purposes of the commission shall be: (1) to study the potential contribution of

land trust mechanisms to the development of low and moderate income housing, to evaluate

appropriate organization structures and financing mechanisms for such land trusts in Rhode

Island, and assess the potential and viability of the housing and conservation trust fund

established by this chapter; and (2) to report its findings and recommendations to the governor,

the speaker of the house and the senate president by February 1, 2005.

     (c) The commission shall terminate on June 30, 2005.

     SECTION 5. Sections 42-128-1, 42-128-2, 42-128-4 and 42-128-5 of the General Laws

in Chapter 42-128 entitled "Rhode Island Housing Resources Act of 1998" are hereby amended to

read as follows:

     42-128-1. Findings. -- (a) Rhode Island has an older housing stock which contributes

invaluably to community character, and in order to maintain the stability of neighborhoods and to

sustain health communities, it is necessary to have programs for housing and community

development and revitalization.

      (b) Rhode Island has an active private sector that is engaged in supplying housing.

      (c) Rhode Island has an active non-profit housing sector, which can, if provided adequate

support, assist low and moderate income persons and works to improve conditions in

neighborhoods and communities.

      (d) Housing that is not adequately maintained is a source of blight in communities and a

cause of public health problems. Public health and safety are impaired by poor housing

conditions; poisoning from lead paint and respiratory disease (asthma) are significant housing

related health problems in Rhode Island.

      (e) There is an increasing need for supported living arrangements for the elderly and a

continuing need for supported living arrangements for persons who are disabled and/or homeless.

      (f) Fair housing, and the potential of unequal treatment of individuals based on race,

ethnicity, age, disability, and family, must be given continuing attention.

      (g) Housing costs consume a disproportionate share of income for many Rhode

Islanders; housing affordability is a continuing problem, especially for first time home buyers and

lower and moderate income renters; the high cost of housing adversely affects the expansion of

Rhode Island's economy. Housing affordability and availability affect conditions of

homelessness. The high cost of housing and the lack of affordable, decent housing for low

income households is a source of hardship for very low income persons and families in Rhode

Island.

      (h) The Rhode Island Housing and Mortgage Finance Corporation, which has provided

more than two decades of assistance in addressing issues of both the affordability of home

ownership and rental housing and the preservation of the housing stock for low and moderate

income persons, is faced with operating deficits in the year 2001 facing future funding shortfalls

and must either increase revenues or reduce programs in order to remain viable.

      (i) The federal government has been reducing its commitment to housing since 1981, and

there is no indication that earlier levels of federal support for housing will be restored.

      (j) Public housing authorities, which rely on federal support that is being reconsidered,

have been and continue to be an important housing resource for low income families and the

elderly.

      (k) Rhode Island, unlike most other states, does not have an agency or department of

state government with comprehensive responsibility for housing.

      (l) It is necessary and desirable in order to protect that public health and to promote the

public welfare, to establish a housing resources agency and a housing resources commission for

the purposes of improving housing conditions, promoting housing affordability, engaging in

community development activities, and assisting the urban, suburban, and rural communities of

the state.

     42-128-2. Rhode Island housing resources agency created. -- There is created within

the executive department a housing resources agency with the following purposes, organization,

and powers:

      (1) Purposes:

      (i) To provide coherence to the housing programs of the state of Rhode Island and its

departments, agencies, commissions, corporations, and subdivisions.

      (ii) To provide for the integration and coordination of the activities of the Rhode Island

Housing and Mortgage Finance Corporation and the Rhode Island Housing Resources

Commission.

      (2) Coordinating committee -- Created -- Purposes and powers:

      (i) The coordinating committee of the Housing Resources Agency shall be comprised of

the chairperson of the Rhode Island Housing and Mortgage Finance Corporation, the chairperson

of the Rhode Island Housing Resources Commission, the director of the Department of

Administration, or the designee of the director, and the executive director of the Rhode Island

Housing and Mortgage Finance Corporation. The chairperson of the Rhode Island Housing

Resources Commission shall be chairperson of the coordinating committee. The executive

director of Rhode Island Housing and Mortgage Finance Corporation shall be the executive

director and chief operating officer of the coordinating committee.

      (ii) The coordinating committee shall develop and shall implement, with the approval of

the Rhode Island Housing and Mortgage Finance Corporation and the Rhode Island Housing

Resources Commission, a memorandum of agreement describing the fiscal and operational

relationship between the Rhode Island Housing and Mortgage Finance Corporation and the

Rhode Island Housing Resources Commission and shall define which programs of federal

assistance will be applied for on behalf of the state by the Rhode Island Housing and Mortgage

Finance Corporation and the Rhode Island Housing Resources Commission.

     42-128-4. Rhode Island housing resources commission. -- The Rhode Island Housing

Resources Commission shall be an agency within the executive department and shall be the

planning and policy, with responsibility for developing plans, policies, standards and programs

division of the Rhode Island Housing Resources Agency and providing technical assistance for

housing.

     42-128-5. Purposes. -- The purposes of the commission shall be:

      (1) To develop and promulgate state policies, and plans, for housing and housing

production and performance measures for housing programs established pursuant to state law.

      (2) To coordinate activities among state agencies and political subdivisions pertaining to

housing.

      (3) To promote the stability of and quality of life in communities and neighborhoods.

      (4) To provide opportunities for safe, sanitary, decent, adequate and affordable housing

in Rhode Island.

      (5) To encourage public-private partnerships that foster the production, rehabilitation,

development, maintenance, and improvement of housing and housing conditions, especially for

low and moderate income people.

      (6) To foster and support no-profit organizations, including community development

corporations, and their associations and intermediaries, that are engaged in providing and housing

related services.

      (7) To encourage and support partnerships between institutions of higher education and

neighborhoods to develop and retain quality, healthy housing and sustainable communities.

     (8) To facilitate private for-profit production and rehabilitation of housing for diverse

populations and income groups.

     (9) To provide, facilitate, and/or support the provisions of technical assistance.

     SECTION 6. Chapter 42-128 of the General Laws entitled “State Affairs and

Government” is hereby amended by adding thereto the following section:

     42-128-8.1. Housing production and rehabilitation. -- (a) Short title. This section shall

be known and may be cited as the”Comprehensive Housing Production and Rehabilitation Act of

2004.”

     (b) Findings. The general assembly finds and declares that:

     (1) The state must maintain a comprehensive housing strategy applicable to all cities and

towns that addresses the housing needs of different populations including, but not limited to,

workers and their families who earn less than one hundred twenty percent (120%) of median

income, older citizens, students attending institutions of higher education, low and very low

income individuals and families, and vulnerable populations including, but not limited to, persons

with disabilities, homeless individuals and families, and individuals released from correctional

institutions.

     (2) Efforts and programs to increase the production of housing must be sensitive to the

distinctive characteristics of cities and towns, neighborhoods and areas and the need to manage

growth and to pace and phase development, especially in high growth areas.

     (3) The state in partnership with local communities must remove barriers to housing

development and update and maintain zoning and building regulations to facilitate the

construction, rehabilitation of properties and retrofitting of buildings for use as safe affordable

housing.

     (4) Creative funding mechanisms are needed at the local and state levels that provide

additional resources for housing development, because there is an inadequate amount of federal

and state subsidies to support the affordable housing needs of Rhode Island’s current and

projected population.

     (5) Innovative community planning tools, including, but not limited to, density bonuses

and permitted accessory dwelling units, are needed to offset escalating land costs and project

financing costs that contribute to the overall cost of housing and tend to restrict the development

and preservation of housing affordable to very low income, low income and moderate income

persons.

     (6) The gap between the annual increase in personal income and the annual increase in

the median sales price of a single-family home is growing, therefore, the construction,

rehabilitation and maintenance of affordable, multi-family housing needs to increase to provide

more rental housing options to individuals and families, especially those who are unable to afford

homeownership of a single-family home.

     (7) The state needs to foster the formation of cooperative partnerships between

communities and institutions of higher education to significantly increase the amount of

residential housing options for students.

     (8) The production of housing for older citizens as well as urban populations must keep

pace with the next twenty-year projected increases in those populations of the state.

     (9) Efforts must be made to balance the needs of Rhode Island residents with the ability

of the residents of surrounding states to enter into Rhode Island’s housing market with much

higher annual incomes at their disposal.

      (c) Strategic plan. The commission, in conjunction with the statewide planning program,

shall develop by July 1, 2006, a five (5) year strategic plan for housing, which plan shall be

adopted as an element of the state guide plan, and which shall include quantified goals,

measurable intermediate steps toward the accomplishment of the goals, implementation activities,

and standards for the production and/or rehabilitation of year-round housing to meet the housing

needs including, but not limited to, the following:

     (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing

options;

     (2) Workers, housing affordable at their income level;

     (3) Students, dormitory, student housing and other residential options;

     (4) Low income and very low income households, rental housing;

     (5) Persons with disabilities, appropriate housing; and

     (6) Vulnerable individuals and families, permanent housing, single room occupancy

units, transitional housing and shelters.

     (d) As used in this section and for the purposes of the preparation of affordable housing

plans as specified in chapter 45-22.2, words and terms shall have the meaning set forth in chapter

45-22.2, chapter 45-53, and/or section 42-11-10, unless this section provides a different meaning

or unless the context indicates a different meaning or intent.

     (1) “Affordable housing” means residential housing that has a sales price or rental

amount that is within the means of a household that is moderate income or less. In the case of

dwelling units for sale, housing that is affordable means housing in which principal, interest,

taxes, which may be adjusted by state and local programs for property tax relief, and insurance

constitute no more than thirty percent (30%) of the gross household income for a moderate

income household. In the case of dwelling units for rent, housing that is affordable means

housing for which the rent, heat, and utilities other than telephone constitute no more than thirty

percent (30%) of the gross annual household income for a household with eighty percent (80%)

or less of area median income, adjusted for family size. Affordable housing shall include all

types of year-round housing, including, but not limited to, manufactured housing, housing

originally constructed for workers and their families, accessory dwelling units, housing accepting

rental vouchers and/or tenant-based certificates under Section 8 of the United States Housing Act

of 1937, as amended, and assisted living housing, where the sales or rental amount of such

housing, adjusted for any federal, state, or municipal government subsidy, is less than or equal to

thirty percent (30%) of the gross household income of the low and/or moderate income occupants

of the housing.

     (2) “Affordable housing plan” means a plan prepared and adopted by a town or city either

to meet the requirements of chapter 45-53 or to meet the requirements of subsection 45-22.2-10

(f), which require that comprehensive plans and the elements thereof be revised to conform with

amendments to the state guide plan.

     (3) “Approved affordable housing plan” means an affordable housing plan that has been

reviewed and approved in accordance with section 45-22.2-9.

     (4) “Moderate income household” means a single person, family, or unrelated persons

living together whose adjusted gross income is more than eighty percent (80%) but less than one

hundred twenty percent (120%) of the area median income, adjusted for family size.

     (5) “Seasonal housing” means housing that is intended to be occupied during limited

portions of the year.

     (6) “Year-round housing” means housing that is intended to be occupied by people as

their usual residence and/or vacant units that are intended by their owner for occupancy at all

times of the year; occupied rooms or suites of rooms in hotels are year-round housing only when

occupied by permanent residents as their usual place of residence.

     (e) The strategic plan shall be updated and/or amended as necessary, but not less than

once every five (5) years.

     (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns

and cities shall bring their comprehensive plans into conformity with its requirements, in

accordance with the timetable set forth in subsection 45-22.2-10(f), provided, however, that any

town that has adopted an affordable housing plan in order to comply with the provisions of

chapter 45-53, which has been approved for consistency pursuant to section 45-22.2-9, shall be

deemed to satisfy the requirements of the strategic plan for low and moderate income housing

until such time as the town must complete its next required comprehensive community plan

update.

     (g) Guidelines. The commission shall advise the state planning council and the state

planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher

density development, including, but not limited to: (A) inclusionary zoning provisions for low

and moderate income housing with appropriate density bonuses and other subsidies that make the

development financially feasible; and (B) mixed-use development that includes residential

development, which guidelines shall take into account infrastructure availability; soil type and

land capacity; environmental protection; water supply protection; and agricultural, open space,

historical preservation, and community development pattern constraints.

     (h) The statewide planning program shall maintain a geographic information system map

that identifies, to the extent feasible, areas throughout the state suitable for higher density

residential development consistent with the guidelines adopted pursuant to subsection (g) above.

     SECTION 7. Sections 45-22.2-3, 45-22.2-4, 45-22.2-6 and 45-22.2-9 of the General

Laws in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are

hereby amended to read as follows:

     45-22.2-3. Legislative findings and intent -- Statement of goals. -- (a) Findings. - The

general assembly recognizes these findings, each with equal priority and numbered for reference

only, as representing the need to substantially revise present enabling legislation and, therefore,

declares that:

      (1) The absence of accurate technical information and comprehensive planning by

municipal government as a rational basis for long-term physical development creates conflicting

requirements and reactive land use regulations and decisions.

      (2) Municipal government is responsible for land use, but lacks the technical information

and financial resources to plan for orderly growth and development, and the protection and

management of our land and natural resources.

      (3) Land, water, and air are finite natural resources. Comprehensive planning must

provide for protection, development, use, and management of our land and natural resources.

      (4) Comprehensive planning and its implementation will promote the appropriate use of

land. The lack of comprehensive planning and its implementation has led to the misuse, underuse,

and overuse of our land and natural resources.

      (5) The coordination of growth and the intensity of development with provisions for

services and facilities is a proper objective of comprehensive planning.

      (6) Comprehensive planning is needed to provide a basis for municipal and state

initiatives to insure all citizens have access to a range of housing choices, including the

availability of affordable housing for all income levels and age groups.

      (7) Municipal comprehensive planning must recognize and address land uses in

contiguous municipalities and encourage cooperative planning efforts by municipalities.

      (8) Comprehensive planning will provide a basis for improved coordination so that local

plans reflect issues of local, regional, and statewide concern. Comprehensive planning will insure

that municipal government has a role in the formulation of state goals and policies.

      (9) Improved coordination is necessary between state and municipal governments to

promote uniform standards and review procedures as well as consistency in land use regulations.

      (b) Intent. - The general assembly declares it is the intent of this chapter to:

      (1) Establish, in each municipality, a program of comprehensive planning that is

implemented according to the standards and schedule contained in this chapter.

      (2) Provide financial assistance for the formulation and implementation of the

comprehensive plan.

      (3) Provide financial assistance to establish a uniform data and technical information

base to be used by state and municipal governments and their agencies.

      (4) Establish standards and a uniform procedure for the review and approval of

municipal comprehensive plans and state guide plans and their consistency with overall state

goals, objectives, standards, applicable performance measures, and policies.

      (5) Establish a procedure in comprehensive planning at state and municipal levels which

will accommodate future requirements.

      (c) Goals. - The general assembly hereby establishes a series of goals to provide overall

direction and consistency for state and municipal agencies in the comprehensive planning process

established by this chapter. The goals have equal priority and are numbered for reference only.

      (1) To promote orderly growth and development that recognizes the natural

characteristics of the land, its suitability for use, and the availability of existing and proposed

public and/or private services and facilities.

      (2) To promote an economic climate which increases quality job opportunities and

overall economic well being of each municipality and the state.

      (3) To promote the production and rehabilitation of year-round housing that achieves a

balance of housing choices, for all income levels and age groups, which recognizes the

affordability of housing as the responsibility of each municipality and the state and which

facilitates economic growth in the state.

      (4) To promote the protection of the natural, historic and cultural resources of each

municipality and the state.

      (5) To promote the preservation of the open space and recreational resources of each

municipality and the state.

      (6) To provide for the use of performance-based standards for development and to

encourage the use of innovative development regulations and techniques that promote the

development of land suitable for development while protecting our natural, cultural, historical,

and recreational resources, and achieving a balanced pattern of land uses.

      (7) To promote consistency of state actions and programs with municipal comprehensive

plans, and provide for review procedures to ensure that state goals and policies are reflected in

municipal comprehensive plans and state guide plans.

      (8) To ensure that adequate and uniform data are available to municipal and state

government as the basis for comprehensive planning and land use regulation.

      (9) To ensure that municipal land use regulations and decisions are consistent with the

comprehensive plan of the municipality, and to insure state land use regulations and decisions are

consistent with state guide plans.

      (10) To encourage the involvement of all citizens in the formulation, review, and

adoption of the comprehensive plan.

      (11) To preserve existing government subsidized housing for persons and families of low

and moderate income and to increase the overall supply of year-round housing, including housing

for low and moderate income persons and families.

     45-22.2-4. Definitions. -- As used in this chapter the following words have the meanings

stated herein:

      (1) "Agricultural land" means land suitable for agriculture by reason of suitability of soil

or other natural characteristics or past use for agricultural purposes. Agricultural land includes

that defined as prime farm land or additional farm land of statewide importance for Rhode Island

by the soil conservation service of the United States department of agriculture.

      (2) "Board" means the state comprehensive plan appeals board as established by chapter

22.3 of this title.

      (3) "Capacity" or "land capacity" means the suitability of the land, as defined by

geology, soil conditions, topography, and water resources, to support its development for uses

such as residential, commercial, industrial, open space, or recreation. Land capacity may be

modified by provision of facilities and services.

      (4) "Capital improvements program" means a proposed schedule of all future projects

listed in order of construction priority together with cost estimates and the anticipated means of

financing each project.

      (5) "Coastal features" means those coastal features defined in chapter 23 of title 46.

      (6) "Comprehensive plan" or "comprehensive land use plan" means a document

containing the components described in this chapter, including the implementation program

which is consistent with the goals and guidelines established by this chapter.

      (7) "Council" means the state planning council as established by chapter 11 of title 42.

      (8) "Days" means calendar days.

      (9) "Director" means the director of administration.

      (10) "Division of planning" means the office of state planning as established as a

division of the department of administration by section 42-11-10(b).

      (11) "Federally insured or assisted housing" means:

      (i) Low income housing units insured or assisted under sections 221(d)(3) and 236 of the

National Housing Act, 12 U.S.C. section 1701 et seq.;

      (ii) Low income housing units produced with assistance under section 8 of the United

States Housing Act of 1937, 42 U.S.C. section 1401 et seq.; and

      (iii) Rural low income housing financed under section 515 of the Housing Act of 1949,

12 U.S.C. section 1715z.

      (12) "Floodplains" or "flood hazard area" means an area that has a one percent (1%) or

greater chance of inundation in any given year, as delineated by the federal emergency agency

pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. 4011

et seq.

      (13) "Forecast" means a description of the conditions, quantities, or values anticipated to

occur at a designated future time.

      (14) "Goals" means those goals stated in section 45-22.2-3.

      (15) "Historic district" means one or more historic sites and intervening or surrounding

property significantly affecting or affected by the quality and character of the historic site or sites,

and has been registered, or is deemed eligible to be included, on the state register of historical

places pursuant to section 42-45-5.

      (16) "Historic site" means any real property, man made structure, natural object, or

configuration or any portion or group of the preceding which has been registered, or is deemed

eligible to be included, on the state register of historic places pursuant to section 42-45-5.

      (17) "Improvement" means any man made, immovable item which becomes part of,

placed upon, or is affixed to, real estate.

      (18) "Land" means real property including improvements and fixtures on, above, or

below the surface.

      (19) "Land use regulation" means a rule or statute of general application adopted by the

municipal legislative body which controls, directs, or delineates allowable uses of land and the

standards for these uses.

      (20) "Local government" means any governmental agency authorized by this chapter to

exercise the power granted by this chapter.

      (21) "Municipal legislative body" means the town meeting in a town; the town council in

a town or the city council in a city; or that part of a municipal government that exercises

legislative powers under a statute or charter.

      (22) "Municipal reviewing authority" means the municipal planning board, or

commission, or if none, the municipal officers.

      (23) "Open space" means any parcel or area of land or water set aside, dedicated,

designated, or reserved for public or private use or enjoyment or for the use and enjoyment of

owners and occupants of land adjoining or neighboring the open space; provided that the area

may be improved with only those buildings, structures, streets, and off-street parking, and other

improvements that are designed to be incidental to the natural openness of the land.

      (24) "Planning board" or "commission" means the body established by a municipality or

combination of municipalities which has the responsibility to prepare a comprehensive plan and

make recommendations concerning that plan to the municipal legislative body.

      (25) "Program" means the statewide planning program established by chapter 11 of title

42.

      (26) "State guide plan" means goals, policies, and plans or plan elements for the

physical, economic, and social development of the state, adopted by the state planning council in

accordance with section 42-11-10.

      (27) "Voluntary association of local governments" means two or more municipalities

who have joined together pursuant to a written agreement and pursuant to the authority granted

under this chapter for the purpose of drafting a comprehensive land use plan and implementation

program.

      (28) "Wetland, coastal" means a salt marsh bordering on the tidal waters of this state and

contiguous uplands extending no more than fifty (50) yards inland therefrom.

      (29) "Wetland, freshwater" means a marsh, swamp, bog, pond, river, river or stream

flood plain or bank; area subject to flooding or storm flowage; emergent or submergent plant

community in any body of fresh water; or area within fifty feet (50') of the edge of a bog, marsh,

swamp, or pond, as defined in section 2-1-20.

      (30) "Zoning" means the reservation of certain specified areas within a community or

city for building and structures, or use of land, for certain purposes with other limitations as

height, lot coverage, and other stipulated requirements.

      (31) "Low and Moderate Income Housing" means housing as defined in chapter 45-53 as

low and moderate income housing, or as necessary in the context of implementing the purposes of

the federal Low Income Preservation and Resident Home Ownership Act of 1999, housing as

defined in the federal Low Income Preservation and Resident Home Ownership Act of 1990 and

as may be amended for both the purposes of this chapter and any reference to low and moderate

income housing in relation to a Comprehensive Plan prepared and adopted pursuant to this

chapter.

      (32) "State or regional agency" means, for the purposes of this chapter, any state agency,

department, public authority, public corporation, organization, commission, or other governing

body with regulatory or other authority affecting the goals established either in this chapter or the

state guide plan. Pursuant to section 45-22.2-2(f), the definition of state and regional agency shall

not be construed to supersede or diminish any regulatory authority granted by state or federal

statute.

     (33) “Affordable housing plan” means a component of a housing element, prepared by a

town subject to planning expectations established by chapter 45-53, or a component of a housing

element, prepared for the purpose of conformity with the requirements of section 42-128-8.1.

     (34) “Strategic plan for housing production and rehabilitation” means the state guide plan

element promulgated and adopted as set forth in section 42-128-8.1.

     45-22.2-6. Required elements of comprehensive plan. -- The comprehensive plan is a

statement (in text, maps, illustrations, or other media of communication) that is designed to

provide a basis for rational decision making regarding the long term physical development of the

municipality. The definition of goals and policies relative to the distribution of future land uses,

both public and private, forms the basis for land use decisions to guide the overall physical,

economic, and social development of the municipality. The comprehensive plan must be

internally consistent in its policies, forecasts, and standards, and include the following elements:

      (1) Goals and policies statement. - Identifies the goals and policies of the municipality

for its future growth and development. The statement enumerates how the plan is consistent with

the overall goals and policies of this chapter, the state guide plan, and related elements.

      (2) Land use plan element. - Designates the proposed general distribution and general

location and interrelationship of land use for residential, commercial, industry, open space,

recreation facilities, and other categories of public and private uses of land. The land use element

is based upon the other elements contained in this section, and it relates the proposed standards of

population density and building intensity to the capacity of the land and available or planned

facilities and services. A land use plan map, illustrating the future strategy and land use policy of

the municipality, as defined by the comprehensive plan, is required. The land use plan must

contain an analysis of the inconsistency of existing zoning districts, if any, with the land use plan.

The land use plan should specify the process by which the zoning ordinance and zoning map shall

be amended to conform to the comprehensive plan.

      (3) Housing element. - Consists of identification and analysis of existing and forecasted

housing needs and objectives including programs for the preservation, including, but not limited

to, the preservation of federally insured or assisted housing, improvement, and development of

housing for all citizens. The housing element enumerates local policies and implementation

techniques to provide promote the production and rehabilitation of housing that achieves a

balance of housing choices, recognizing local, regional, and statewide needs for all income levels

and for all age groups, including, but not limited to, the affordability of housing and the

preservation of federally insured or assisted housing. The element identifies specific programs

and policies for inclusion in the implementation program necessary to accomplish this purpose.

and takes into account growth management and the need to phase and pace development in areas

of rapid growth. The housing element includes an affordable housing plan that identifies housing

needs in the community, including, but not limited to, the needs for low and moderate income

housing, establishes goals and policies to address those needs, consistent with available resources

and the need to protect public health, including drinking water supplies and safety and

environmental quality. The affordable housing plan includes an implementation program of

actions to be taken to effectuate the policies and goals of the affordable housing plan.

      (4) Economic development element. - Includes the identification of economic

development policies and strategies, either existing or proposed by the municipality, in

coordination with the land use plan element. These policies should reflect local, regional, and

statewide concerns for the expansion and stabilization of the economic base and the promotion of

quality employment opportunities and job growth. The policies and implementation techniques

must be identified for inclusion in the implementation program element.

      (5) Natural and cultural resources element. - Provides an inventory of the significant

natural resource areas as water, soils, prime agricultural lands, natural vegetation systems,

wildlife, watersheds, wetlands, aquifers, coastal features, flood plains, and other natural

resources, and the policies for the protection and management of these areas. The element

includes policies for the protection of the historic and cultural resources of the municipality and

the state. The policies and implementation techniques must be identified for inclusion in the

implementation program element.

      (6) Services and facilities element. - Provides an inventory of existing and forecasted

needs for facilities and services used by the public as, but not limited to, educational facilities,

public safety, water, sanitary sewers, libraries, and community facilities. The policies and

implementation techniques must be identified for inclusion in the implementation program

element.

      (7) Open space and recreation element. - Includes an inventory of recreational resources,

open space areas, and recorded access to these resources and areas. The element must also

contain an analysis of forecasted needs and policies for the management and protection of these

resources and areas. The policies and implementation techniques must be identified for inclusion

in the implementation program element.

      (8) Circulation element. - Consists of the inventory and analysis of existing and proposed

major circulation systems, street patterns, and any other modes of transportation in coordination

with the land use element. The policies and implementation techniques must be identified for

inclusion in the implementation program element.

      (9) Implementation program.

      (i) A statement which defines and schedules for a period of five (5) years or more the

specific public actions to be undertaken in order to achieve the goals and objectives of each

element of the comprehensive plan. Scheduled expansion or replacement of public facilities, and

the anticipated costs and revenue sources proposed to meet those costs reflected in a

municipality's capital improvement program, must be included in the implementation program.

      (ii) The implementation program identifies the public actions necessary to implement the

objectives and standards of each element of the comprehensive plan that require the adoption or

amendment of codes and ordinances by the governing body of the municipality.

      (iii) The implementation program identifies other public authorities or agencies owning

water supply facilities or providing water supply services to the municipality, and coordinates the

goals and objectives of the comprehensive plan with the actions of public authorities or agencies

with regard to the protection of watersheds as provided in section 46-15.3-1, et seq.

      (iv) The implementation program must detail the timing and schedule of municipal

actions required to amend the zoning ordinance and map to conform to the comprehensive plan.

     45-22.2-9. State review of local comprehensive plans. -- (a) There is established a

program of comprehensive planning review to promote the preparation and implementation of

local comprehensive plans, and to provide technical and financial assistance to accomplish this

purpose. The program also ensures that all local comprehensive plans and state guide plans are

consistent with the state goals, findings, and intent as established by this chapter.

      (b) The director is designated as the reviewing agent, and the director is responsible for

carrying out the provisions of this chapter and ensuring that the findings, intent, and goals of this

chapter are achieved. The director shall publish guidelines for the preparation of comprehensive

plan elements required by section 45-22.2-6.

      (c) The director shall review any comprehensive plan or amendments adopted under the

provisions of this chapter, submitted to the director, for consistency with the goals and intent

established in the chapter and in the state guide plan, and in accordance with the following

schedule:

      (1) Comprehensive plans or amendments shall be submitted to the director within thirty

(30) days of adoption by the municipal legislative body, pursuant to section 45-22.2-8(c).

      (2) Within fifteen (15) days of the receipt of a comprehensive plan the director shall give

public notice of the initiation of review, and shall solicit comments from regional and state

agencies, all municipalities contiguous to the municipality submitting the plan, update, or

amendment, and from interested parties. The comment period shall extend for thirty (30) days

after the public notice.

      (3) Review of the plan, update, or amendment, and comments by the director shall be

completed and forwarded to the municipality as follows:

      (i) Within one hundred twenty (120) days of the end of the comment period for new

plans, amended plans, or other amendments if any three (3) or more of the plan elements required

by section 45-22.2-6 are revised in any way, as compared to any plan or amendment previously

submitted under this chapter; or

      (ii) Within thirty (30) days of the end of the comment period for amended plans or other

amendments that revise not more than two (2) of the plan elements required by section 45-22.2-6,

as compared to any plan or amendment previously submitted under this chapter.

      (iii) The director and the division of planning are authorized to discuss and negotiate,

with the municipality, concerning any aspect of a plan or amendment being reviewed under

subdivision (3)(i) or (3)(ii) of this subsection.

      (iv) The director and the municipality submitting a plan, amended plan, or other

amendment may mutually agree, in writing, to reduce or extend the review period established by

this section.

      (4) Municipalities shall correct any deficiencies reported by the director within sixty (60)

days of the receipt of the director's review and comments provided that the director and the

municipality submitting a plan, amended plan, or other amendment may mutually agree, in

writing, to reduce or extend this period.

      (5) The director shall review all corrections and related material submitted by the

municipality and render a final decision on the plan, update, or amendment or parts of the plan

within thirty (30) days of the end of the period for correction. In the event of disapproval, the

director shall issue findings specifically describing the deficiencies in the plan or amendment as it

relates to the goals and other provisions of this chapter.

      (6) The review process stated in subdivisions (1) through (5) of this subsection shall be

carried out within a maximum time period of two hundred fifty-five (255) days under subdivision

(3)(i), one hundred sixty-five (165) days under subdivision (3)(ii), or the appropriate maximum

period determined under subdivision (3)(iv) or (4).

      (7) The municipality may appeal the decision of the director to the comprehensive plan

appeals board. The appeal must be made within fifteen (15) days of the decision by the director.

The comprehensive plan appeals board shall hold a hearing on the appeal, make findings of fact,

and affirm, modify, or reverse the director's decision. The board shall render its decision within

sixty (60) days of receipt of the appeal. The municipality or director may appeal the decision of

the board to the supreme court. The appeal must be made within thirty (30) days of the board's

decision.

      (8) Upon approval by the director, the municipality is eligible for all benefits and

incentives conditioned on adoption of an approved comprehensive plan pursuant to this chapter,

and the municipality is allowed to submit the approved comprehensive plan or element to any

state agency which requires the submission of a plan as part of its requirements, and the plan or

element shall satisfy that requirement.

      (d) Comprehensive plans, updates, and amendments shall be reviewed by the director to

insure that the following requirements are complied with:

      (1) The goals of this chapter have been met.

      (2) All required elements as stated in section 45-22.2-6 are complete.; provided,

however, that the state review and approval of affordable housing plans submitted to conform

with the provisions of chapter 45-53 shall not be contingent on requirements for adopting and/or

updating overall comprehensive plans or the elements thereof.

      (3) All plans are consistent with the state guide plan, and embody the goals and policies

of the state and its departments and agencies.

      (4) All plans comply with rules and regulations adopted by the state planning council as

provided for by section 45-22.2-10(b).

      (e) The director shall also review comprehensive plans and amendments and related

documents to insure that the following procedures have been complied with:

      (1) The planning board or commission is designated to conduct comprehensive planning.

      (2) If comprehensive planning is conducted jointly by two (2) or more municipalities,

that an agreement containing all required information has been executed by all parties and filed

with the division of planning.

      (3) Each plan encompasses the entire land and water area within the jurisdiction of the

municipality or municipalities concerned.

      (4) Adequate, uniform, and valid data have been used in preparing each plan.

      (5) Each plan has been coordinated with contiguous municipalities.

      (6) The public has been involved in preparation of the plan, and hearings have been

conducted by both the planning board or commission and the legislative body.

      (7) The plan has been officially adopted in accordance with this chapter and other

applicable procedures.

      (8) The plan has been submitted for review in accordance with statutory deadlines.

      (9) Amendments are made no more frequently than permitted by section 45-22.2-12(c);

provided, however, that the initial adoption of amendments by a municipality in order to comply

with the requirements of an updated or new state guide plan element as provided for in subsection

45-22.2-10(f) shall not be included in determining the frequency of amendments by a

municipality.

     SECTION 8. Sections 45-24-31 and 45-24-47 of the General Laws in Chapter 45-24

entitled "Zoning Ordinances" are hereby amended to read as follows:

     45-24-31. Definitions. -- Where words or terms used in this chapter are defined in section

45-22.2-4, they have the meanings stated in that section. In addition, the following words have

the following meanings. Additional words and phrases may be used in developing local

ordinances under this chapter; however, the words and phrases defined in this section are

controlling in all local ordinances created under this chapter:

      (1) Abutter. - One whose property abuts, that is, adjoins at a border, boundary, or point

with no intervening land.

      (2) Accessory Family Dwelling Unit. - An accessory dwelling unit for the sole use of

one or more members of the family of the occupant or occupants of the principal residence, but

not needing a separate means of ingress and egress. Accessory Dwelling Unit.-- A dwelling unit:

(i) rented to and occupied either by one or more members of the family of the occupant or

occupants of the principal residence; or (ii) reserved for rental occupancy by a person or a family

where the principal residence is owner occupied, and which meets the following provisions:

     (a) In zoning districts that allow residential uses, no more than one accessory dwelling

unit may be an accessory to a single-family dwelling.

     (b) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

its own legal means of ingress and egress and is a complete, separate dwelling unit. The accessory

dwelling unit shall be within or attached to the principal dwelling unit structure or within an

existing structure, such as a garage or barn, and designed so that the appearance of the principal

structure remains that of a one-family residence.

     (3) Accessory Use. - A use of land or of a building, or portion thereof, customarily

incidental and subordinate to the principal use of the land or building. An accessory use may be

restricted to the same lot as the principal use. An accessory use shall not be permitted without the

principal use to which it is related.

      (4) Aggrieved Party. - An aggrieved party, for purposes of this chapter, shall be:

      (i) Any person or persons or entity or entities who can demonstrate that their property

will be injured by a decision of any officer or agency responsible for administering the zoning

ordinance of a city or town; or

      (ii) Anyone requiring notice pursuant to this chapter.

      (5) Agricultural Land. - "Agricultural land", as defined in section 45-22.2-4.

      (6) Airport Hazard Area. - "Airport hazard area", as defined in section 1-3-2.

      (7) Applicant. - An owner or authorized agent of the owner submitting an application or

appealing an action of any official, board, or agency.

      (8) Application. - The completed form or forms and all accompanying documents,

exhibits, and fees required of an applicant by an approving authority for development review,

approval, or permitting purposes.

      (9) Buffer. - Land which is maintained in either a natural or landscaped state, and is used

to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-

of-way.

      (10) Building. - Any structure used or intended for supporting or sheltering any use or

occupancy.

      (11) Building Envelope. - The three-dimensional space within which a structure is

permitted to be built on a lot and which is defined by regulations governing building setbacks,

maximum height, and bulk; by other regulations; and/or by any combination thereof.

      (12) Building Height. - The vertical distance from grade, as determined by the

municipality, to the top of the highest point of the roof or structure. The distance may exclude

spires, chimneys, flag poles, and the like.

      (13) Cluster. - A site planning technique that concentrates buildings in specific areas on

the site to allow the remaining land to be used for recreation, common open space, and/or

preservation of environmentally, historically, culturally, or other sensitive features and/or

structures. The techniques used to concentrate buildings shall be specified in the ordinance and

may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

requirements, with the resultant open land being devoted by deed restrictions for one or more

uses. Under cluster development there is no increase in the number of lots that would be

permitted under conventional development except where ordinance provisions include incentive

bonuses for certain types or conditions of development.

      (14) Common Ownership. - Either:

      (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

      (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

      (15) Community Residence. - A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include

halfway houses or substance abuse treatment facilities. This does include, but is not limited, to the

following:

      (i) Whenever six (6) or fewer children or adults with retardation reside in any type of

residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All

requirements pertaining to local zoning are waived for these community residences;

      (ii) A group home providing care or supervision, or both, to not more than eight (8)

persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

      (iii) A residence for children providing care or supervision, or both, to not more than

eight (8) children including those of the care giver and licensed by the state pursuant to chapter

72.1 of title 42;

      (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

nor more than two (2) years. Residents will have access to and use of all common areas, including

eating areas and living rooms, and will receive appropriate social services for the purpose of

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

      (16) Comprehensive Plan. - The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

      (17) Day Care -- Day Care Center. - Any other day care center which is not a family day

care home.

      (18) Day Care -- Family Day Care Home. - Any home other than the individual's home

in which day care in lieu of parental care or supervision is offered at the same time to six (6) or

less individuals who are not relatives of the care giver, but may not contain more than a total of

eight (8) individuals receiving day care.

      (19) Density, Residential. - The number of dwelling units per unit of land.

      (20) Development. - The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance;

or any change in use, or alteration or extension of the use, of land.

      (21) Development Plan Review. - The process whereby authorized local officials review

the site plans, maps, and other documentation of a development to determine the compliance with

the stated purposes and standards of the ordinance.

      (22) District. - See "zoning use district".

      (23) Drainage System. - A system for the removal of water from land by drains, grading,

or other appropriate means. These techniques may include runoff controls to minimize erosion

and sedimentation during and after construction or development, the means for preserving surface

and groundwaters, and the prevention and/or alleviation of flooding.

      (24) Dwelling Unit. - A structure or portion of a structure providing complete,

independent living facilities for one or more persons, including permanent provisions for living,

sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

      (25) Extractive Industry. - The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

      (26) Family. - A person or persons related by blood, marriage, or other legal means. See

also "Household".

      (27) Floating Zone. - An unmapped zoning district adopted within the ordinance which

is established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

      (28) Floodplains, or Flood Hazard Area. - As defined in section 45-22.2-4.

      (29) Groundwater. - "Groundwater" and associated terms, as defined in section 46-13.1-

3.

      (30) Halfway House. - A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

      (31) Hardship. - See section 45-24-41.

      (32) Historic District, or Historic Site. - As defined in section 45-22.2-4.

      (33) Home Occupation. - Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident's dwelling unit.

      (34) Household. - One or more persons living together in a single dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term "household unit" is

synonymous with the term "dwelling unit" for determining the number of units allowed within

any structure on any lot in a zoning district. An individual household shall consist of any one of

the following:

      (i) A family, which may also include servants and employees living with the family; or

      (ii) A person or group of unrelated persons living together. The maximum number may

be set by local ordinance, but this maximum shall not be less than three (3).

      (35) Incentive Zoning. - The process whereby the local authority may grant additional

development capacity in exchange for the developer's provision of a public benefit or amenity as

specified in local ordinances.

      (36) Infrastructure. - Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

      (37) Land Development Project. - A project in which one or more lots, tracts, or parcels

of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or

structures, including, but not limited to, planned development and/or cluster development for

residential, commercial, institutional, recreational, open space, and/or mixed uses as may be

provided for in the zoning ordinance.

      (38) Lot. - Either:

      (i) The basic development unit for determination of lot area, depth, and other

dimensional regulations; or

      (ii) A parcel of land whose boundaries have been established by some legal instrument

such as a recorded deed or recorded map and which is recognized as a separate legal entity for

purposes of transfer of title.

      (39) Lot Area. - The total area within the boundaries of a lot, excluding any street right-

of-way, usually reported in acres or square feet.

      (40) Lot Building Coverage. - That portion of the lot that is or may be covered by

buildings and accessory buildings.

      (41) Lot Depth. - The distance measured from the front lot line to the rear lot line. For

lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

      (42) Lot Frontage. - That portion of a lot abutting a street. A zoning ordinance shall

specify how noncontiguous frontage will be considered with regard to minimum frontage

requirements.

      (43) Lot Line. - A line of record, bounding a lot, which divides one lot from another lot

or from a public or private street or any other public or private space and shall include:

      (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

      (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

entirely within the lot, parallel to and at a maximum distance from the front lot line; and

      (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

may be a street lot line, depending on requirements of the local zoning ordinance.

      (44) Lot, Through. - A lot which fronts upon two (2) parallel streets, or which fronts

upon two (2) streets which do not intersect at the boundaries of the lot.

      (45) Lot Width. - The horizontal distance between the side lines of a lot measured at

right angles to its depth along a straight line parallel to the front lot line at the minimum front

setback line.

      (46) Mere Inconvenience. - See section 45-24-41.

      (47) Mixed Use. - A mixture of land uses within a single development, building, or tract.

      (48) Modification. - Permission granted and administered by the zoning enforcement

officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

variance other than lot area requirements from the zoning ordinance to a limited degree as

determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent

(25%) of each of the applicable dimensional requirements.

      (49) Nonconformance. - A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity

with the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

      (i) Nonconforming by use: a lawfully established use of land, building, or structure

which is not a permitted use in that zoning district. A building or structure containing more

dwelling units than are permitted by the use regulations of a zoning ordinance is nonconformity

by use; or

      (ii) Nonconforming by dimension: a building, structure, or parcel of land not in

compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

A building or structure containing more dwelling units than are permitted by the use regulations

of a zoning ordinance is nonconforming by use; a building or structure containing a permitted

number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot

area per dwelling unit regulations, is nonconforming by dimension.

      (50) Overlay District. - A district established in a zoning ordinance that is superimposed

on one or more districts or parts of districts and that imposes specified requirements in addition

to, but not less, than those otherwise applicable for the underlying zone.

      (51) Performance Standards. - A set of criteria or limits relating to elements which a

particular use or process must either meet or may not exceed.

      (52) Permitted Use. - A use by right which is specifically authorized in a particular

zoning district.

      (53) Planned Development. - A "land development project", as defined in section 45-24-

31(37), and developed according to plan as a single entity and containing one or more structures

and/or uses with appurtenant common areas.

      (54) Preapplication Conference. - A review meeting of a proposed development held

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

formal submission of an application for a permit or for development approval.

      (55) Setback Line or Lines. - A line or lines parallel to a lot line at the minimum distance

of the required setback for the zoning district in which the lot is located that establishes the area

within which the principal structure must be erected or placed.

      (56) Site Plan. - The development plan for one or more lots on which is shown the

existing and/or the proposed conditions of the lot.

      (57) Special Use. - A regulated use which is permitted pursuant to the special-use permit

issued by the authorized governmental entity, pursuant to section 45-24-42. Formerly referred to

as a special exception.

      (58) Structure. - A combination of materials to form a construction for use, occupancy,

or ornamentation, whether installed on, above, or below, the surface of land or water.

      (59) Substandard Lot of Record. - Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional and/or area

provisions of that ordinance.

      (60) Use. - The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

      (61) Variance. - Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, which is prohibited by a zoning ordinance. There

are only two (2) categories of variance, a use variance or a dimensional variance.

      (i) Use Variance. - Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

      (ii) Dimensional Variance. - Permission to depart from the dimensional requirements of

a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

      (62) Waters. - As defined in section 46-12-1(23).

      (63) Wetland, Coastal. - As defined in section 45-22.2-4.

      (64) Wetland, Freshwater. - As defined in section 2-1-20.

      (65) Zoning Certificate. - A document signed by the zoning enforcement officer, as

required in the zoning ordinance, which acknowledges that a use, structure, building, or lot either

complies with or is legally nonconforming to the provisions of the municipal zoning ordinance or

is an authorized variance or modification therefrom.

      (66) Zoning Map. - The map or maps which are a part of the zoning ordinance and which

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

      (67) Zoning Ordinance. - An ordinance enacted by the legislative body of the city or

town pursuant to this chapter and in the manner providing for the adoption of ordinances in the

city or town's legislative or home rule charter, if any, which establish regulations and standards

relating to the nature and extent of uses of land and structures, which is consistent with the

comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a

zoning map, and which complies with the provisions of this chapter.

      (68) Zoning Use District. - The basic unit in zoning, either mapped or unmapped, to

which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

Zoning use districts include, but are not limited to: agricultural, commercial, industrial,

institutional, open space, and residential. Each district may include sub-districts. Districts may be

combined.

     45-24-47. Special provisions -- Land development projects. -- (a) A zoning ordinance

may provide for land development projects which are projects in which one or more lots, tracts,

or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses,

units, or structures, including, but not limited to, planned development and/or cluster

development for residential, commercial, institutional, industrial, recreational, open space, and/or

mixed uses as may be provided for in the zoning ordinance.

      (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the

creation of land development projects in one or more zoning districts shall requires that any land

development project is referred to the city or town planning board or commission for approval, in

accordance with the procedures established by chapter 23 of this title, including those for appeal

and judicial review, and with any ordinances or regulations adopted pursuant to the procedures,

whether or not the land development project constitutes a "subdivision", as defined in chapter 23

of this title. No land development project shall be initiated until a plan of the project has been

submitted to the planning board or commission and approval has been granted by the planning

board or commission. In reviewing, hearing, and deciding upon a land development project, the

city or town planning board or commission may be empowered to allow zoning incentives within

the project; provided, that standards for the adjustments are described in the zoning ordinance,

and may be empowered to apply any special conditions and stipulations to the approval that may,

in the opinion of the planning board or commission, be required to maintain harmony with

neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning

ordinance.

      (c) In regulating land development projects, an ordinance adopted pursuant to this

chapter may include, but is not limited to, regulations governing the following:

      (1) A minimum area or site size for a land development project;

      (2) Uses to be permitted within the development;

      (3) Ratios of residential to nonresidential uses where applicable;

      (4) Maximum density per lot and maximum density for the entire development, with

provisions for adjustment of applicable lot density and dimensional standards where open space is

to be permanently set aside for public or common use, and/or where the physical characteristics,

location, or size of the site require an adjustment, and/or where the location, size, and type of

housing, commercial, industrial, or other use require an adjustment, and/or where housing for low

and moderate income families is to be provided, or where other amenities not ordinarily required

are provided, as stipulated in the zoning ordinance. Provision may be made for adjustment of

applicable lot density and dimensional standards for payment or donation of other land or

facilities in lieu of an on-site provision of an amenity that would, if provided on-site, enable an

adjustment;

      (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish

between those facilities intended to remain in private ownership or to be dedicated to the public;

and

      (6) Buffer areas, landscaping, screening, and shading.

      (d) (1) A zoning ordinance provides that requiring open land provided by in a cluster

development or other land development project for public or common use, shall provide that such

open land either: (i) be conveyed to the city or town and accepted by it for park, open space,

agricultural, or other specified use or uses, or (ii) be conveyed to a nonprofit organization, the

principal purpose of which is the conservation of open space or resource protection, or (iii) be

conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the

development, or owners of shares within a cooperative development. If such a corporation or trust

is used, ownership shall pass with conveyances of the lots or units, or (iv) remain in private

ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth

in its community comprehensive plan and zoning ordinance that private ownership is necessary

for the preservation and management of the agricultural, habitat or forest resources.

      (2) In any case where the land is not conveyed to the city or town:

      (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of

property in the cluster or other land development project in which the land is located shall be

recorded providing that the land is kept in the authorized condition(s) and not built upon or

developed for accessory uses such as parking or roadway; and

      (ii) The developmental rights and other conservation easements on the land may be held,

in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of

open space or resource protection.

      (3) All open space land provided by a cluster development or other land development

project shall be subject to a community approved management plan that will specify the permitted

uses for the open space.

     SECTION 9. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby

amended by adding thereto the following section:

     45-24-46.1. Inclusionary zoning. -- A zoning ordinance requiring the inclusion of

affordable housing as part of a development shall provide that the housing will be affordable

housing, as defined in subsection 42-128-8.1(d)(1), that the affordable housing will constitute not

less than ten percent (10%) of the total units in the development, and that the units will remain

affordable for a period of not less than thirty (30) years from initial occupancy enforced through a

land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island.

     SECTION 10. Sections 45-53-3, 45-53-5 and 45-53-6 of the General Laws in Chapter 45-

53 entitled "Low and Moderate Income Housing" are hereby amended to read as follows:

     45-53-3. Definitions. -- The following words, wherever used in this chapter, unless a

different meaning clearly appears from the context, have the following meanings:

      (1) "Comprehensive plan" means a comprehensive plan adopted and approved by a city

or town pursuant to chapters 22.2 and 22.3 of this title.

      (2) "Consistent with local needs" means local zoning or land use ordinances,

requirements, and regulations are considered consistent with local needs if they are reasonable in

view of the state need for low and moderate income housing, considered with the number of low

income persons in the city or town affected and the need to protect the health and safety of the

occupants of the proposed housing or of the residence of the city or town, to promote better site

and building design in relation to the surroundings, or to preserve open spaces, and if the local

zoning or land use ordinances, requirements, and regulations are applied as equally as possible to

both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements,

or regulations are consistent with local needs when imposed by a city or town council after

comprehensive hearing in a city or town where:

      (i) Low or moderate income housing exists which is: (A) in the case of an urban city or

town which has at least 5,000 occupied year-round rental units and the units, as reported in the

latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the

year-round housing units, is in excess of fifteen percent (15%) of the total occupied year-round

rental units; or (B) in the case of all other cities or towns, is in excess of ten percent (10%) of the

year-round housing units reported in the census.

      (ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan which has been adopted and approved pursuant to

chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides

for low and moderate income housing in excess of either ten percent (10%) of the year-round

housing units or fifteen percent (15%) of the occupied year-round rental housing units as

provided in subdivision (2) (i).

      (3) "Infeasible" means any condition brought about by any single factor or combination

of factors, as a result of limitations imposed on the development by conditions attached to the

zoning approval, to the extent that it makes it impossible for a public agency, nonprofit

organization, or limited equity housing cooperative to proceed in building or operating low or

moderate income housing without financial loss, within the limitations set by the subsidizing

agency of government, on the size or character of the development, on the amount or nature of

the subsidy, or on the tenants, rentals, and income permissible, and without substantially

changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or

limited equity housing cooperative.

      (4) "Local board" means any town or city official, zoning board of review, planning

board or commission, platting board of review, or building inspector; or the officer or board of

appeal or zoning enforcement officer, local conservation commission, historic district

commission, or other municipal board having supervision of the construction of buildings or the

power of enforcing municipal building, land use regulations, such as subdivision, or zoning laws.;

or the city council or town council.

      (5) "Low or moderate income housing" means any housing subsidized by the federal, or

state, or municipal government under any program to assist the construction or rehabilitation of

housing as low or moderate income housing, as defined in the applicable federal or state statute,

or local ordinance whether built or operated by any public agency or any nonprofit organization,

or by any limited equity housing cooperative or any private developer, that will remain affordable

for ninety-nine (99) years or such other period that is either agreed to by the applicant and town

but shall not be for a period of less than thirty (30) years from initial occupancy through a land

lease and/or deed restriction or prescribed by the federal or state subsidy program but shall not be

for a period less than thirty (30) years from initial occupancy through a land lease and/or deed

restriction.

     (6) “Affordable housing plan” means a component of a housing element, as defined in

section 45–22.2-4(33), to meet housing needs in a city or town that is prepared in accordance with

guidelines adopted by the state planning council, and/or to meet the provisions of subsections 45-

53-4 (b)(1) and (c).

     (7) “Approved affordable housing plan” means an affordable housing plan that has been

approved by the director of administration as meeting the guidelines for the local comprehensive

plan as promulgated by the state planning council; provided, however, that state review and

approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town

having completed, adopted, or amended its comprehensive plan as provided for in sections 45-

22.2-8, 45-22.2-9, or 45-22.2-12.

     (8) “Letter of eligibility” means a letter issued by the Rhode Island Housing and

Mortgage Finance Corporation in accordance with subsection 42-55-5.3(a).

     (9) “Local review board” means the planning board as defined by section 45-22.2-4(24),

or if designated by ordinance as the board to act on comprehensive permits for the town, the

zoning board of review established pursuant to section 45-24-56.

     (10) “Meeting housing needs” means adoption of the implementation program of an

approved affordable housing plan and the absence of unreasonable denial of applications that are

made pursuant to an approved affordable housing plan in order to accomplish the purposes and

expectations of the approved affordable housing plan.

     (11) “Municipal government subsidy” means assistance that is made available through a

city or town program sufficient to make housing affordable, as affordable housing is defined in

subsection 42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial

support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or

internal subsidies, and any combination of forms of assistance.

     45-53-5. Appeals to state housing appeals board -- Judicial review. – (a) Whenever an

application filed under the provisions of section 45-53-4 is denied, or is granted with conditions

and requirements that make the building or operation of the housing infeasible, the applicant has

the right to appeal to the state housing appeals board established by section 45-53-7, for a review

of the application. The appeal shall be taken within twenty (20) days after the date of the notice of

the decision by the zoning local review board of review by filing with the appeals board a

statement of the prior proceedings and the reasons upon which the appeal is based.

     (b) The appeals board shall immediately notify the zoning local review board of review

of the filing of the petition for review and the latter shall, within ten (10) days of the receipt of the

notice, transmit a copy of its decision and the reasons for that decision to the appeals board.

     (c) The appeal shall be heard by the appeals board within twenty (20) days after the

receipt of the applicant's statement. A stenographic record of the proceedings shall be kept and

the appeals board shall render a written decision and order, based upon a majority vote, stating its

findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days

after the termination of the hearing, unless the time has been extended by mutual agreement

between the appeals board and the applicant. The decision and order may be appealed in the

supreme court.

     45-53-6. Power of state housing appeals board. - - (a) The state housing appeals board

shall have the powers to: (i) adopt, amend and repeal rules and regulations that are consistent with

this chapter and are necessary to implement the requirements of sections 45-53-5, 45-53-6, and

45-53-7; (ii) receive and expend state appropriations; and (iii) establish a reasonable fee schedule,

which may be waived, to carry out its duties.

     (a)(b) In hearing the appeal, the state housing appeals board shall determine whether,: (i)

in the case of the denial of an application, the decision of the zoning local review board of review

was consistent with an approved affordable housing plan, or if the town does not have an

approved affordable housing plan, was reasonable and consistent with local needs; and, (ii) in the

case of an approval of an application with conditions and requirements imposed, whether those

conditions and requirements make the construction or operation of the housing infeasible and

whether they are those conditions and requirements are consistent with an approved affordable

housing plan, or if the town does not have an approved affordable housing plan, are consistent

with local needs.

      (b)(c) The standards for reviewing the appeal include, but are not limited to:

      (1) The consistency of the decision to deny or condition the permit with the approved

affordable housing plan and/or approved comprehensive plan;

      (2) The extent to which the community meets or plans to meet housing needs, as defined

in an affordable housing plan, including, but not limited to, the ten percent (10%) standard goal

for existing low and moderate income housing units as a proportion of year-round housing;

      (3) The consideration of the health and safety of existing residents;

      (4) The consideration of environmental protection; and

      (5) The extent to which the community applies local zoning ordinances and special

exception procedures evenly on subsidized and unsubsidized housing applications alike.

      (c)(d) If the appeals board finds, in the case of a denial, that the decision of the zoning

local review board of review was unreasonable and not consistent with local plans and local

needs, it shall vacate the decision and issue a decision and order approving the application,

denying the application, or approving with various conditions consistent with local needs. If the

appeals board finds, in the case of an approval with conditions and requirements imposed, that the

decision of the zoning local review board of review makes the building or operation of the

housing infeasible, and is not consistent with local needs, it shall issue a decision and order,

modifying or removing any condition or requirement so as to make the proposal no longer

infeasible, and approving the application; provided, that the appeals board shall not issue any

decision and order that would permit the building or operation of the housing in accordance with

standards less safe than the applicable building and site plan requirements of the federal

department of housing and urban development or the Rhode Island housing and mortgage finance

corporation, whichever agency is financially assisting the housing. Decisions or conditions and

requirements imposed by a zoning local review board of review that are consistent with approved

affordable housing plans and/or with local needs shall not be vacated, modified, or removed by

the appeals board notwithstanding that the decision or conditions and requirements have the

effect of denying or making the applicant's proposal infeasible.

      (d)(e) The appeals board or the applicant has the power to enforce the orders of the

appeals board by an action brought in the supreme court. The zoning local review board of review

shall carry out the decision and order of the appeals board within thirty (30) days of its entry and,

upon failure to do so, the decision and order of the appeals board is, for all purposes, deemed to

be the action of the zoning local review board of review, unless the applicant consents to a

different decision or order by the zoning local review board of review. The decision and order of

the appeals board is binding on the city or town, which shall immediately issue any and all

necessary permits and approvals to allow the construction and operation of the housing as

approved by the appeals board.

     (f) The state housing appeals board shall:

     (1) Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004,

on the substantial completeness of applications as of February 13, 2004, that were affected by the

moratorium established by subsection 4 (b) of this chapter.

     (A) The determination of substantial completeness shall be based on whether there was

on or before February 13, 2004, substantial completeness of substantially all of the following:

     (i) a written request to the zoning board of review to submit a single application to build

or rehabilitate low or moderate income housing in lieu of separate applications to the application

local boards;

     (ii) a written list of variances, special use permits and waivers requested to local

requirements and regulations, including local codes, ordinances, by-laws or regulations, including

any requested waivers from the land development or subdivisions regulations, and a proposed

timetable for completion of the project;

     (iii) evidence of site control;

     (iv) evidence of eligibility for a state or federal government subsidy, including a letter

from the funding agency indicating the applicant and the project;

      (v) site development plans showing the locations and outlines of proposed buildings; the

proposed location, general dimensions and materials for street, drives, parking areas, walks and

paved areas; proposed landscaping improvements and open areas within the site; and the

proposed location and types of sewage, drainage and water facilities;

     (vi) a report on existing site conditions and a summary of conditions in the surrounding

areas, showing the location and nature of existing buildings, existing street elevations, traffic

patterns and character of open areas, including wetlands and flood plains, in the neighborhood;

     (vii) a tabulation of proposed buildings by type, size (number of bedrooms, floor area)

and ground coverage and a summary showing the percentage of the tract to be occupied by

buildings, by parking and other paved vehicular areas and by open spaces;

     (viii) a master plan, if the development proposal is for a major or minor land development

plan or a major or minor subdivision;

     (ix) a sample land lease or deed restrictions with affordability liens that will restrict use

as low and moderate income housing units for a period of not less than thirty (30) years; and

     (x) the list of all persons entitled to notice in accordance with R.I.G.L. section 45-24-53.

     (B) Notwithstanding the provisions of paragraph (A) above, if the zoning board of review

determined the application to be substantially complete and/or acted in manner demonstrating that

it considered the application substantially complete for the purposes of reviewing the application,

the State Housing Appeals Board shall consider the application substantially complete.

     (2) Remand for hearing in accordance with the provisions of section 45-53-4 applications

which are determined to be substantially complete, which hearings may be conducted (or resume)

under the provisions in effect on February 13, 2004, unless the applicant and the board shall

mutually agree that the hearing shall proceed under the provisions in effect on December 1, 2004,

which hearings may commence on or after January 1, 2005 but shall commence not later than

January 31, 2005, on applications in the order in which they were received by the town, unless a

different commencement date is mutually agreed to by the applicant and the local board hearing

the applications; the local review board shall not be obligated to hear, and may deny, any

application affected by the moratorium unless it was determined to be substantially complete in

accordance with the provisions of subsection 45-53-6 (f)(1), and the local review board may

require such additional submissions as may be specified by the town or necessary for the review

of the application.

     (3) Hear and decide appeals, other than those covered by subsection (1) above, for which

it took jurisdiction on or before May 1, 2004.

     (4) Continue to hear and decide appeals filed by nonprofit organizations.

     (5) Conduct such other business as may be reasonable and appropriate in order to

facilitate an orderly transfer of activities to the State Housing Appeals Board as it shall be

constituted after January 1, 2005.

     SECTION 11. Section 1 of Chapters 003 and 004 of the 2004 Public Laws are hereby

amended to read as follows:

     45-53-4. Procedure for approval of construction of low or moderate income housing.

--(a)--Any public agency, nonprofit organization, or limited equity housing cooperative proposing

to build low or moderate income housing may submit to the zoning board of review, established

under § 45-24-56, a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. In the case of a private developer, this

procedure is only available for low or moderate income housing proposals which remain as low

or moderate income housing for a period of not less than thirty (30) years from initial occupancy.

The zoning board of review shall immediately notify each local board, as applicable, of the filing

of the application, by sending a copy to the local boards and to other parties entitled to notice of

hearings on applications under the zoning ordinance and shall, within thirty (30) days of the

receipt of the application, hold a public hearing on the application. The chair of the state housing

appeals board shall, by regulation, provide for review by planning boards in cases of applications

involving land development projects or subdivisions. The zoning board of review has the same

power to issue permits or approvals that any local board or official who would otherwise act with

respect to the application, including, but not limited to, the power to attach to the permit or

approval, conditions, and requirements with respect to height, site plan, size, or shape, or building

materials, as are consistent with the terms of this section. In reviewing the comprehensive permit

request, the zoning board may deny the request for any of the following reasons: if the proposal is

inconsistent with local needs, including, but not limited to, the needs identified in an approved

comprehensive plan, and local zoning ordinances and procedures promulgated in conformance

with the comprehensive plan; if the proposal is not in conformance with the comprehensive plan;

if the community has met or has plans to meet the standard of ten percent (10%) of the units or, in

the case of an urban town or city, fifteen percent (15%) of the occupied rental housing units as

defined in § 45-53-3(2)(i) being low and moderate income housing; or if concerns for the

environment and the health and safety of current residents have not been adequately addressed.

The zoning board shall render a decision, based upon a majority vote of the board, within forty

(40) days after the termination of the public hearing and, if favorable to the applicant, shall

immediately issue a decision approving the application. If the hearing is not convened or a

decision is not rendered within the time allowed, unless the time has been extended by mutual

agreement between the zoning board and the applicant, the application is deemed to have been

allowed and the approval shall issue immediately. Any person aggrieved by the issuance of an

approval may appeal to the supreme court.

     (a) Any applicant proposing to build low or moderate income housing may submit to the

local review board a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low or moderate income housing.

The application and review process for a comprehensive permit shall be as follows:

     (1) Submission requirements. Applications for a comprehensive permit shall include:

     (i) a letter of eligibility issued by the Rhode Island Housing Mortgage Finance

Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and

Urban Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (ii) a written request to the local review board to submit a single application to build or

rehabilitate low or moderate income housing in lieu of separate applications to the applicable

local boards. The written request shall identify the specific sections and provisions of applicable

local ordinances and regulations from which the applicant is seeking relief; and

     (iii) a proposed timetable for the commencement of construction and completion of the

project; and

     (iv) a sample land lease or deed restriction with affordability liens that will restrict use as

low and moderate income housing in conformance with the guidelines of the agency providing

the subsidy for the low and moderate income housing, but for a period of not less than thirty (30)

years; and

     (v) identification of an approved entity that will monitor the long-term affordability of the

low and moderate income units; and

     (vi) a financial pro-forma for the proposed development; and

     (vii) for comprehensive permit applications: (A) not involving major land developments

or major subdivisions including, but not limited to, applications seeking relief from specific

provisions of a local zoning ordinance, or involving administrative subdivisions, minor land

developments or minor subdivisions, or other local ordinances and regulations: those items

required by local regulations promulgated pursuant to applicable state law, with the exception of

evidence of state or federal permits; and for comprehensive permit applications; and (B)

involving major land developments and major subdivisions, unless otherwise agreed to by the

applicant and the town; those items included in the checklist for the master plan in the local

regulations promulgated pursuant to R.I.G.L. section 45-23-40. Subsequent to master plan

approval, the applicant must submit those items included in the checklist for a preliminary plan

for a major land development or major subdivision project in the local regulations promulgated

pursuant to R.I.G.L. section 45-23-41, with the exception of evidence of state or federal permits.

All required state and federal permits must be obtained prior to the final plan approval or the

issuance of a building permit; and

     (viii) municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type but not proceeding under this chapter, provided, however, that the imposition of

such fees shall not preclude a showing by a non-profit applicant that the fees make the project

financially infeasible; and

     (ix) notwithstanding the submission requirements set forth above, the local review board

may request additional, reasonable documentation throughout the public hearing, including, but

not limited to, opinions of experts, credible evidence of application for necessary federal and/or

state permits, statements and advice from other local boards and officials.

     (2) Certification of completeness. The application must be certified complete or

incomplete by the administrative officer according to the provisions of section 45-23-36;

provided, however, that for a major land development or major subdivision, the certificate for a

master plan shall be granted within thirty (30) days and for a preliminary plan shall be granted

within forty-five (45) days. The running of the time period set forth herein will be deemed

stopped upon the issuance of a certificate of incompleteness of the application by the

administrative officer and will recommence upon the resubmission of a corrected application by

the applicant. However, in no event will the administrative officer be required to certify a

corrected submission as complete or incomplete less than fourteen (14) days after its

resubmission. If the administrative officer certifies the application as incomplete, the officer shall

set forth in writing with specificity the missing or incomplete items.

     (3) Pre-application conference. Where the comprehensive permit application proposal is

a major land development project or a major subdivision pursuant to chapter 23 of title 45 a

municipality may require an applicant proposing a project under this chapter to first schedule a

pre-application conference with the local review board, the technical review committee

established pursuant to section 45-23-56, or with the administrative officer for the local review

board and other local officials, as appropriate. To request a pre-application conference, the

applicant shall submit a short description of the project in writing including the number of units,

type of housing, as well as a location map. The purpose of the pre-application conference shall be

to review a concept plan of the proposed development. Upon receipt of a request by an applicant

for a pre-application conference, the municipality has thirty (30) days to schedule and hold the

pre-application conference. If thirty (30) days has elapsed from the filing of the pre-application

submission and no pre-application conference has taken place, nothing shall be deemed to

preclude an applicant from thereafter filing and proceeding with an application for a

comprehensive permit.

     (4) Review of applications. An application filed in accordance with this chapter shall be

reviewed by the local review board at a public hearing in accordance with the following

provisions:

     (i) Notification: Upon issuance of a certificate of completeness for a comprehensive

permit, the local review board shall immediately notify each local board, as applicable, of the

filing of the application, by sending a copy to the local boards and to other parties entitled to

notice of hearings on applications under the zoning ordinance and/or land development and

subdivision regulations as applicable.

     (ii) Public Notice. Public notice for all public hearings will be the same notice required

under local regulations for a public hearing for a preliminary plan promulgated in accordance

with R.I.G.L. section 45-23-42. The cost of notice shall be paid by the applicant.

     (iii) Review of minor projects. The review of a comprehensive permit application

involving only minor land developments or minor subdivisions or requesting zoning ordinance

relief or relief from other local regulations or ordinances not otherwise addressed in this

subsection, shall be conducted following the procedures in the applicable local regulations, with

the exception that all minor land developments or minor subdivisions under this act are required

to hold a public hearing on the application, and within ninety-five (95) days of issuance of the

certificate of completeness, or within such further time as is agreed to by the applicant and the

local review board, render a decision.

     (iv) Review of major projects. In the review of a comprehensive permit application

involving a major land development and/or major subdivision, the local review board shall hold a

public hearing on the master plan and shall, within one hundred and twenty (120) days of

issuance of the certification of completeness, or within such further amount of time as may be

agreed to by the local review board and the applicant, render a decision. Preliminary and final

plan review shall be conducted according to local regulations promulgated pursuant to R.I.G.L.

Chapter 45-23 except as otherwise specified in this act.

     (v) Required findings. In taking final action on an application, the local review board

shall make positive findings, supported by legally competent evidence on the record which

discloses the nature and character of the observations upon which the fact finders acted, on each

of the following standard provisions, where applicable.

     (1) The proposed development is consistent with local needs as identified in the local

comprehensive community plan with particular emphasis on the community’s affordable housing

plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

     (2) The proposed development is in compliance with the standards and provisions of the

municipality's zoning ordinance and subdivision regulations, and/or where expressly varied or

waived local concerns that have been affected by the relief granted do not outweigh the state and

local need for low and moderate income housing.

     (3) All low and moderate income housing units proposed are integrated throughout the

development; are similar in scale and architectural style to the market rate units within the

project; and will be built and occupied prior to, or simultaneous with the construction and

occupancy of any market rate units.

     (4) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval.

     (5) There will be no significant negative impacts on the health and safety of current or

future residents of the community, in areas including, but not limited to, safe circulation of

pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability

of potable water, adequate surface water run-off, and the preservation of natural, historical or

cultural features that contribute to the attractiveness of the community.

     (6) All proposed land developments and all subdivisions lots will have adequate and

permanent physical access to a public street in accordance with the requirements of section 45-

23-60 (5).

     (7) The proposed development will not result in the creation of individual lots with any

physical constraints to development that building on those lots according to pertinent regulations

and building standards would be impracticable, unless created only as permanent open space or

permanently reserved for a public purpose on the approved, recorded plans.

     (vi) The local review board has the same power to issue permits or approvals that any

local board or official who would otherwise act with respect to the application, including, but not

limited to, the power to attach to the permit or approval, conditions, and requirements with

respect to height, site plan, size, or shape, or building materials, as are consistent with the terms

of this section.

     (vii) In reviewing the comprehensive permit request, the local review board may deny the

request for any of the following reasons: (A) if city or town has an approved affordable housing

plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing

plan; (B) the proposal is not consistent with local needs, including, but not limited to, the needs

identified in an approved comprehensive plan, and/or local zoning ordinances and procedures

promulgated in conformance with the comprehensive plan; (C) the proposal is not in

conformance with the comprehensive plan; (D) the community has met or has plans to meet the

goal of ten percent (10%) of the year-round units or, in the case of an urban town or city, fifteen

percent (15%) of the occupied rental housing units as defined in section 45-53-3(2)(i) being low

and moderate income housing; or (E) concerns for the environment and the health and safety of

current residents have not been adequately addressed.

     (viii) All local review board decisions on comprehensive permits shall be by majority

vote of the membership of the board and may be appealed by the applicant to the state housing

appeals board.

     (ix) If the public hearing is not convened or a decision is not rendered within the time

allowed in subsection (a)(4)(iii) and (iv), the application is deemed to have been allowed and the

relevant approval shall issue immediately; provided, however, that this provision shall not apply

to any application remanded for hearing in any town where more than one application has been

remanded for hearing provided for in subsection 45-53-6(f)(2).

     (x) Any person aggrieved by the issuance of an approval may appeal to the supreme

court.

     (xi) A comprehensive permit shall expire unless construction is started within twelve (12)

months and completed within sixty (60) months of final plan approval unless a longer and/or

phased period for development is agreed to by the local review board and the applicant. Low and

moderate income housing units shall be built and occupied prior to, or simultaneous with the

construction and occupancy of market rate units.

     (xii) A town with an approved affordable housing plan and that is meeting local housing

needs may limit the annual total number of dwelling units in comprehensive permit applications

from for-profit developers to an aggregate of one percent (1%) of the total number of year-round

housing units in the town, as recognized in the affordable housing plan and notwithstanding the

timetables set forth elsewhere in this section, the local review board shall have the authority to

consider comprehensive permit applications from for-profit developers, which are made pursuant

to this paragraph, sequentially in the order in which they are submitted.

     (xiii) The local review board of a town with an approved affordable housing plan shall

report the status of implementation to the Housing Resources Commission, including the

disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006

and for each June 30 thereafter by September 1 through 2010. The Housing Resources

Commission shall prepare by October 15 and adopt by December 31, a report on the status of

implementation, which shall be submitted to the governor, the speaker, the president of the senate

and the chairperson of the State Housing Appeals Board, and shall find which towns are not in

compliance with implementation requirements.

     (xiv) Notwithstanding the provisions of section 45-53-4 in effect on February 13, 2004,

to commence hearings within thirty (30) days of receiving an application remanded by the State

Housing Appeals Board pursuant to subsection 45-53-6(f)(2) shall be heard as herein provided; in

any town with more than one remanded application, applications may be scheduled for hearing in

the order in which they were received, and may be taken up sequentially, with the thirty (30) day

requirement for the initiation of hearings, commencing upon the decision of the earlier filed

application.

     (b) (1) The general assembly finds and declares that in January 2004 towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and

that in order to protect the public health and welfare in communities and to provide sufficient

time to establish a reasonable and orderly process for the consideration of applications made

under the provisions of this chapter, and to have communities prepare plans to meet low and

moderate income housing goals, that it is necessary to impose a moratorium on the use of

comprehensive permit applications as herein provided by private for-profit developers; a

moratorium is hereby imposed on the use of the provisions of this chapter by private for-profit

developers, which moratorium shall be effective on passage and shall expire on January 31, 2005

and may be revisited prior to expiration and extended to such other date as may be established by

law. Notwithstanding the provisions of subsection (a) of this section, private for-profit developers

may not utilize the procedure of this chapter until the expiration of the moratorium.

     (2) No for-profit developer shall submit a new application for comprehensive permits

until July 1, 2005 except by mutual agreement with the local review board.

     (c) Towns and cities that are not in conformity with the provisions of section 45-53-

3(2)(i) shall prepare by December 31, 2004, a comprehensive plan housing element for low and

moderate income housing as specified by section 45-53-3(2)(ii), consistent with applicable law

and regulation. That the secretary of the planning board or commission of each city or town

subject to the requirements of this paragraph shall report in writing the status of the preparation of

the housing element for low and moderate income housing on or before June 30, 2004, and on or

before December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in subsection 45-53-6(b)(2).

     (d) If any provision of this act or the application thereof shall for any reason be judged

invalid, such judgment shall not affect, impair, or invalidate the remainder of this act or of any

other provision of chapter 45-53 of the general laws, but shall be confined in its effect to the

provision or application directly involved in the controversy giving rise to the judgment, and a

moratorium on the applications of for-profit developers pursuant to chapter 45-53 of the general

laws shall remain and continue to be in effect for the period commencing on the day this act

becomes law and continue until it shall expire on January 31, 2005 or until amended further.

     (e) In planning for, awarding and otherwise administering programs and funds for

housing and for community development, state departments, agencies, boards and commissions,

public corporations, as defined in chapter 35-18, shall among the towns subject to the provision

of subsection 45-53-3(ii) give priority to the maximum extent allowable by law, to towns with an

approved affordable housing plan. The director of administration shall adopt not later than

January 31, 2005, regulations to implement the provisions of this section.

     SECTION 12. Section 45-53-7 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

     45-53-7. Housing appeals board. -- (a) There shall be within the state a housing appeals

board consisting of nine (9) members:

     Housing Appeals Board

     Represent: Appointed by:

     1 district court judge (chair) Chief of district court

     1 local zoning board member Speaker of the house

     1 local planning board member President of the senate

     2 city and town council members Speaker of the house

     (plus an alternate) - representing President of the senate

      municipalities of various sizes (Governor)

     1 affordable housing developer Governor

     1 affordable housing advocate Governor

     1 director of statewide planning

     or designee Self-appointed

     1 director of Rhode Island housing

     or designee Self-appointed

     (a)(i) There shall be within the state a housing appeals board consisting of seven (7)

voting members to be appointed by the governor, who shall include four (4) local officials, who

shall not be from the same city or town; two (2) of whom shall be from a city or town with a

population of less than twenty-five thousand (25,000); and two (2) of whom shall be from a city

or town with a population of twenty-five thousand (25,000) or greater, and shall include one local

zoning board member, one local planning board member, one city council member and one town

council member, one of the local official members shall be designated by the governor as the

alternative local official member who shall be a voting member of the board only in the event that

one or more of the other three (3) local officials is unable to serve at a hearing; one affordable

housing developer; one affordable housing advocate; one representative of the business

community; and one attorney knowledgeable in land use regulation, who should be chairperson of

the board.

     (ii) Those members of the board as of the effective date of this act who were appointed to

the board by members of the general assembly shall cease to be members of the board on the

effective date of this act, and the governor shall thereupon nominate four (4) new members each

of whom shall serve for the balance of the current term of his or her predecessor.

     (iii) All other members of the commission as of the effective date of this act shall

continue to serve for the duration of their current terms.

     (iv) All gubernatorial appointments made under this section after the effective date of this

act shall be subject to the advice and consent of the senate.

     (b) All appointments are for two (2) year terms; provided, that the initial terms of

members appointed by the speaker of the house and president of the senate are for a period of one

year except as otherwise provided in subsection (a)(ii) of this section, the terms of members

appointed after December 31, 2004, shall be for three (3) years. Each member who is duly

appointed or continued in office after January 1, 2005, shall hold office for the term for which the

member is appointed and until the member’s successor shall have been appointed and qualified,

or until the members earlier death, resignation, or removal. A member shall receive no

compensation for his or her services, but shall be reimbursed by the state for all reasonable

expenses actually and necessarily incurred in the performance of his or her official duties. The

board shall hear all petitions for review filed under section 45-53-5, and shall conduct all hearings

in accordance with the rules and regulations established by the chair. Rhode Island housing shall

provide space, and clerical and other assistance, as the board may require.

     SECTION 13. Chapter 45-53 of the General Laws entitled "Low and Moderate Income

Housing" is hereby amended by adding thereto the following section:

     45-53-9. Oversight commission. - - There is hereby created an oversight commission to

be known as “The Housing Act of 2004 Implementation Oversight Commission” to consist of

eleven (11) members: chair of house corporations or designee; chair of senate commerce, housing

and municipal government or designee; two (2) members of the house appointed by the speaker,

one of whom shall be from the minority party; two (2) members of the senate appointed by the

senate president, one of whom shall be from the minority party; two (2) designees of the president

of the league of cities and towns, one of whom shall be from a municipality under twenty-five

thousand (25,000) population, and one of whom shall be from a municipality of twenty-five

thousand (25,000) population or over; the executive director of Grow Smart Rhode Island; the

executive director of the Housing Network; and the executive director of the Rhode Island

Builders Association.

     The purposes of the commission shall be: (a) to monitor and evaluate the implementation

of the act including the preparation and review, by statewide planning, of local plans; (b) to

monitor the development and adoption of the state strategic housing plan by the housing

resources commission and statewide planning; (c) to review the progress reports submitted by the

housing resources commission; (d) to recommend any changes that may be needed in the law;

and (e) to assess the need for resources to accomplish housing objectives and to make

recommendations.

     Forthwith upon the passage of this act, the members shall meet at the call of the speaker,

and shall elect from among themselves co-chairs, who shall be legislators. Vacancies in said

commission shall be filled in the manner as the original appointment.

     The commission is empowered to appoint committees, which may include persons who

are not members of the commission. Five (5) members of the commission shall constitute a

quorum. All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as necessary or desirable to

accomplish the purpose set forth in this section. The speaker is hereby authorized and directed to

provide quarters for the commission. The commission shall report findings and recommendations

to the general assembly annually on or before February 15. The commission shall expire on

March 31, 2007.

     SECTION 14. Section 12 of this act shall take effect only upon the ratification and

effective date of a constitutional amendment entitled “Joint Resolution to Approve and Publish

and Submit to the Electors a Proposition of Amendment to the Constitution of the State

(Separation of Powers).” Sections 1 through 13 inclusive shall take effect upon passage.

     

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LC03508/SUB A

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