Chapter 384
2022 -- H 7943 SUBSTITUTE A
Enacted 06/30/2022

A N   A C T
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

Introduced By: Representatives Baginski, and Potter

Date Introduced: March 07, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income
Housing" is hereby amended by adding thereto the following section:
     45-53-10. Repurposing of vacant schools for affordable housing program.
     (a) There is hereby established the repurposing of school buildings for an affordable
housing program (the “program”). The program shall be administered by the secretary of housing
as set forth herein.
     (b) The purpose of the program shall be to provide guidance and assistance in the
repurposing of vacant and unused school buildings as identified and existing as of July 1 of each
year, commencing October 1, 2022.
     (c) The department of elementary and secondary education (the “department”) shall,
commencing on October 1, 2022, on an annual basis, provide to the speaker of the house, the
president of the senate, and the secretary of housing, a list of all school buildings which that have
been abandoned or are no longer being used by a school district.
     (d)(1) In the case of a municipality which that has less than ten percent (10%) low- or
moderate-income housing as defined in § 45-53-3, the municipality shall provide the department
with a complete list of buildings abandoned or no longer being used by the school district for the
purposes of conducting a feasibility assessment to repurpose the building as affordable housing. In
the case of a municipality which that has greater than ten percent (10%) low- and moderate-income
housing as defined in § 45-53-3, the municipality may offer to the department a list of buildings
abandoned or no longer being utilized by the school district by an affirmative vote of a majority of
both the governing body of the school board and the municipality, and have voted to be willing to
offer the former school building for a feasibility assessment for use by the program. In the case of
buildings being abandoned or no longer used by a charter school which that owns the school
building in question, an affirmative vote of the governing body of the charter school and/or mayoral
academy shall be required. The department shall also include and identify in the list those school
buildings which that the department anticipates will become abandoned or no longer used by a
school district within the next six (6) months following the issuance of the list.
     (2) The secretary of housing shall conduct an assessment, in conjunction with a task force
comprised of the Rhode Island housing and mortgage and finance corporation, the department of
environmental management, the department of health, a fire marshal, the local building inspector,
and the local planning office, into its feasibility to be repurposed as affordable housing, and the
anticipated costs of renovating the building for that intended purpose. This assessment shall be
completed within one hundred and fifty (150) days after being notified by the task force of the
availability of a vacant building available pursuant to this section.
     (3) Once a building is determined by the task force to be appropriate for repurposing as
affordable housing, the office of housing and community development shall actively identify and
invite prospective developers to submit an application to the program, with the goal of repurposing
the building into affordable housing.
     (e) The office of housing and community development shall maintain on its website a
separate page related to the repurposing of buildings for the affordable housing program. This
website shall contain a listing of all buildings for which a feasibility assessment was conducted and
the outcome of the assessment, including a general statement of the condition of the property, an
estimate of the types of renovations, if any, which that must be performed to the property, a copy
of the feasibility assessment, and an estimate of the costs thereof. Provided, it shall be made clear
on the website that these are estimates to repurpose used buildings, and that neither the state, the
corporation, the division, the commission, or any instrumentality of the state or of a municipality
or school district shall be liable for any estimates which that are incorrect.
     (f) The office of housing and community development shall seek to assist and facilitate
persons and developers who or that want to repurpose former buildings as affordable housing. This
assistance may include, but need not be limited to, technical and financial assistance, all to assist
in the repurposing of the school building.
     (g) The Rhode Island department of education shall promulgate rules and regulations for
the implementation and enforcement of this section.
     (h) The secretary of housing shall provide an annual report on or before December 31,
commencing with calendar year 2023, including, but not limited to, the number of schools that are
vacant and include a status report of any development and/or feasibility to repurpose a vacant
building.
     (i) As used herein, the term "affordable housing" means housing which that meets the
definition for low- or moderate-income housing in § 45-53-3.
     SECTION 2. This act shall take effect upon passage.
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LC005359/SUB A
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