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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