Chapter 477

2008 -- H 7460 SUBSTITUTE A

Enacted 07/05/08

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

          

     Introduced By: Representatives Segal, Rice, Handy, Pacheco, and Ajello

     Date Introduced: February 13, 2008

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

 

CHAPTER 128.2

EXPEDITED PERMITTING FOR AFFORDABLE HOUSING

 

     42-128.2-1. Findings. – The general assembly finds and declares that:

     (a) The availability of affordable housing is a critical concern to the current well-being

and the future prosperity of the people of Rhode Island;

     (b) All towns in Rhode Island, with an obligation to do so, have adopted affordable

housing plans as required by chapters 286 and 324 of the public laws of 2004;

     (c) The housing resources commission in conjunction with the statewide planning

program has adopted a strategic plan for affordable housing as required by "The Comprehensive

Housing Production and Rehabilitation Act of 2004;"

     (d) The people of Rhode Island in 2006 approved a bond issue to support the

development of affordable housing in the state; and

     (e) The slowness and uncertainty of securing permits and regulatory approval from state

agencies can impair the viability of affordable housing development, make such development

more expensive, and can jeopardize federal and other monies.

 

     42-128.2-2. Purpose. – The purposes of this chapter are to facilitate implementation of

local and state plans for the provision of affordable housing and to optimize the use of public

resources, including proceeds from bond issues, by providing expedited processing by state

agencies of applications for projects that would provide affordable housing as set forth in this

chapter.

 

     42-128.2-3. Definitions. – As used in this chapter, unless the context clearly indicates

otherwise, the following words and phrases shall have the following meanings:

     (1) "Affordable housing plan" means a component of a housing element, as defined in

subsection 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).

     (2) "Associate director" means the associate director of the department of administration

for planning.

     (3) "Chairperson" means the chairperson of the housing resources commission.

     (4) "Comprehensive plan" means a comprehensive plan adopted and approved by a city

or town pursuant to chapters 22.2 and 22.3 of title 45.

     (5) "Determination of probable consistency" means a determination by the associate

director that an eligible affordable housing project appears to be consistent with applicable

provisions of state plans pertaining to affordable housing development; a determination of

probable consistency shall not be deemed to be a conclusive, final, or biding determination of

conformity with such plans or with any specific requirements adopted pursuant to such plans.

     (6) "Eligible affordable housing project" means low or moderate income housing or

housing development in which at least twenty-five percent (25%) of the dwelling units are low or

moderate income housing whether built or operated by any public agency or any nonprofit

organization or by any limited equity housing cooperative or any private developer, that is

subsidized by a federal, state, or municipal government subsidy under any program to assist the

construction or rehabilitation of housing affordable to low or moderate income households, as

defined in the applicable federal or state statute, or local ordinance and that will remain affordable

through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is

either agreed to by the applicant and town or prescribed by the federal, state, or municipal

government subsidy program but that is not less than thirty (30) years from initial occupancy.

     (7) "Housing project of critical concern" means an eligible affordable housing project

designated by the housing resources commission to be significant, in its operational stage, by its

ability to advance affordable goals set forth in duly approved plans for affordable housing and to

help alleviate affordable housing shortages in Rhode Island.

     (8) "Housing resources commission" means the housing resources commission

established by chapter 128 of this title.

     (9) "Person" means any natural person, company, corporation, partnership, or any type of

business entity.

     (10) "State agency" means any office, department, board, commission, bureau, division,

authority, public corporation, agency, or instrumentality of the state; the term "state agency" shall

not be deemed to include any department, office, or agency of a city or town.

     (11) "Statewide planning" means the statewide planning program established by section

42-11-10.

 

     42-128.2-4. Request for status as a housing project of critical concern. – A person

may apply to the Rhode Island housing resources commission and request that a project be

classified as a project of critical housing concern. Said request shall contain a description of how

the project is consistent with applicable provisions of state plans pertaining to affordable housing

developments. Not more than five (5) days after the receipt of such request, the chairperson, or

the executive director acting on behalf of the chairperson, shall refer the request to statewide

planning for review of the probable consistency of the project with the applicable provisions of

the state guide plan. The associate director shall issue a determination of probable consistency to

the chairperson within twenty (20) days. If the associate director has made a determination of

probable consistency, the Rhode Island housing resources commission shall render a written

decision on the request within sixty (60) days of the filing and receipt of the request. If the project

is found to be a housing project of critical concern, the Rhode Island housing resources

commission may issue a certificate of critical housing concern. A certificate of critical housing

concern shall expire two (2) years from the date of issuance.

 

     42-128.2-5. Filing of certificate. – A person shall file the certificate of critical concern

with the appropriate state agency that has licensing or permitting authority over the project. A

person must file the certificate of critical concern at the time of filing the necessary permit

application(s) required for the project with the state agency. The state agency shall give priority to

the project of critical concern in the handling and processing of the application.

 

     42-128.2-6. Action by state agency. – (a) Within three (3) months of the submission of a

substantially complete application, the state agency must render a written report on the status of

the application. The report shall contain information, which will enable the person to make a

sound business decision as to whether or not to pursue the application. The report shall be sent to

the applicant.

     (b) If the application is not granted, then the state agency shall on the fourth (4th), fifth

(5th), and sixth (6th) months of the anniversary of submission render a written report on the status

of the application. If at the end of the sixth (6th) month, a decision has not been rendered on the

application, then, in addition to the applicant, a copy of the written report shall be rendered

monthly thereafter to the associate director of the department of administration for planning and

the Rhode Island housing resources commission until a decision to accept or reject the application

has been made.

 

     42-128.2-7. Permitting or licensing requirements. – The issuance of and the filing of a

certificate of critical housing concern does not constitute, and shall not be considered, a waiver of

any element, rule, regulation, or statute upon which the license or permit is granted.

 

     42-128.2-8. Rule making. – The housing resources commission, at a regular quarterly

meeting shall promulgate rules and regulations in accordance with chapter 35 of this title to

implement this chapter, including, but not limited to, provisions to define an application and

criteria to determine the significance of any application in meeting the purposes of this act.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01136/SUB A

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