Governor McKee Sign Housing Legislative Package into Law

WARWICK, RI – On Thursday, Governor Dan McKee  ceremonially sign a slate of bills into law aimed at continuing the State’s momentum in addressing the housing crisis. The Governor was joined by House Speaker K. Joseph Shekarchi who championed the housing package, as well as Lt. Governor Sabina Matos, Warwick Mayor Frank Picozzi, bill sponsors and Interim Housing Secretary Dan Connors.

The legislative package includes:

• Allowing homeowners the right to develop a single accessory dwelling unit (ADU) on their property (7062A/2998A): Sponsored by Rep. June S. Speakman (D-Dist. 68, Warren, Bristol) and Sen. Victoria Gu (D-Dist. 38, Westerly, Charlestown, South Kingstown), this bill gives homeowners statewide the right to develop an ADU on an owner-occupied property to accommodate a disabled family member, or within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the ADU’s design satisfies building code, size limits and infrastructure requirements.

• Expanding ‘rights’ of manufactured homes (7980Aaa/2989A): Sponsored by Speaker Shekarchi (D-Dist. 23, Warwick) and Sen. David P. Tikoian (D-Dist. 22, Smithfield, North Providence, Lincoln), this bill allows, by right, manufactured homes constructed in accordance with HUD Regulations as an alternative option to stick-built homes where single- family housing is allowed.

• Allowing municipalities to combine zoning and planning boards (7979/2991): Sponsored by Speaker Shekarchi (D-Dist. 23, Warwick) and Sen. John Burke (D-Dist. 9, West Warwick), this bill creates a pilot program giving municipalities the authority to combine zoning and planning boards as long as the agenda reflects what authority an application is being heard under. This would create an expedited process and allow municipalities that are unable to fill board seats to utilize one board for both functions.

• Reforming the State Building Code Office (7983B/2990A): Sponsored by Rep. Cherie Cruz (D-Dist. 58, Pawtucket) and Sen. Frank A. Ciccone (D-Dist. 7, Providence, Johnston), this bill codifies the existing structure of the State Building Code Office and clarifies the role of the State Building Code Commissioner. It modifies statutory language to ensure a uniform interpretation and enforcement of the building code statewide. It also would establish a building code education and training unit with input from the Rhode Island League of Cities and Towns to educate building officials and inspectors statewide.

• Allowing electronic permitting for development applications (7978A/3036A): Sponsored by Speaker Shekarchi (D-Dist. 23, Warwick) and Sen. Melissa A. Murray (D-Dist. 24, Woonsocket, North Smithfield), this bill allows municipalities to use electronic permitting for building permits. The legislation builds upon the platform established and created by the Rhode Island Department of Business Regulation, which is currently in use and required for building permits for applications and submissions for planning and zoning. The legislation would provide greater transparency and efficiency, streamlines processes and makes timelines and submission requirements clearer.

• Creating a Special Legislative Commission to address shortage of municipal planners (7977A): Sponsored by Speaker Shekarchi (D-Dist. 23, Warwick), this bill establishes an 11-member Special Legislative Commission to study the ability of the Rhode Island educational system to offer degrees or certificates to provide a supply/pipeline of planners, planning technicians and staff, and report back to the General Assembly by January 1, 2025. Its purpose is to address a shortage of planning professionals in the state and the lack of a local educational program to establish a pipeline for these jobs.

• Positioning abandoned properties for redevelopment (7986Aaa/2992A): Sponsored by Rep. José F. Batista (D-Dist. 12, Providence) and Sen. Meghan E. Kallman (D-Dist. 15, Pawtucket, Providence), this bill amends the existing statute for abandoned properties to require a municipal inventory, with yearly updating, and clarifies the process regarding the required abatement of abandoned properties. Additionally, in the case of nuisance properties that are in receivership, the bill enables judges to give priority to buyers who are willing to add deed restrictions that designate the property as low- or moderate-income housing or owner-occupied housing, or make other commitments to keep it affordable.

• Amending procedures to get approvals from permitting authorities (7949Aaa/3001A): Sponsored by Rep. Robert E. Craven, Sr. (D-Dist. 32, North Kingstown) and Sen. Matthew L. LaMountain (D-Dist. 31, Warwick, Cranston), this bill makes amendments and clarifications to various provisions relative to subdivision of land review, review stages, special provisions related to development, and the procedures for approvals from various permitting authorities.

• Amending zoning laws for affordable housing developments (7948A/2999A) Sponsored by Rep. Joseph J. Solomon, Jr. (D-Dist. 22, Warwick) and Sen. Jacob Bissaillon (D-Dist. 1, Providence), this bill provides amendments to the requirements of the inclusionary zoning law for affordable housing development to incorporate feedback from the Rhode Island Chapter of the American Planning Association. Inclusionary zoning is an optional tool for municipalities to require the provision of affordable units in conjunction with the development of market rate units.

• Simplifying wetlands zoning regulations to spur housing development (7982/2994) Sponsored by Rep. Terri Cortvriend (D-Dist. 72, Middletown, Portsmouth) and Sen. Mark P. McKenney (D-Dist. 30, Warwick), this bill amends provisions relative to the application of zoning ordinances pertaining to wetland buffers to projects for development, redevelopment, construction or rehabilitation. It makes clear that there can be no local regulation of coastal wetlands and freshwater wetlands beyond the requirements of the state agency requirements.

• Amending the permitting authority (7950A/3000A): Sponsored by Rep. Leonela Felix (D-Dist. 61, Pawtucket) and Sen. Dawn Euer (D-Dist. 13, Newport, Jamestown), this bill requires cities/towns to allow at least three disclosed types of financial security (such as surety bonds, letters of credit or cash) provided by developers on projects that include public improvements. Allowing varying types of financial options ensures that developers can choose the method that best suits their circumstances, which encourages development. Municipalities would not be able to limit the bond to one specific type, but still retain their ability to require bonds and improvement guarantees for public improvements.

• Helping spur home construction (7951A/2988A): Sponsored by Rep. Craven and Sen. Frank S. Lombardi (D-Dist. 26, Cranston), this bill would clarify the circumstances under which a municipality can limit accepting and hearing development applications and limit building permits related to the development of housing and specifies the timeframes in which those limitations can be in place.

• Including mobile homes as affordable housing (7984Aaa/2993aa): Sponsored by Rep. Carol Hagan McEntee (D-Dist. 33, Narragansett, South Kingstown) and Sen. Louis P. DiPalma (D-Dist. 12, Middletown, Little Compton, Newport, Tiverton), this bill allows municipalities to count mobile home units as affordable housing if they meet certain requirements, including that they are permanent housing. Mobile homes could be applied toward the goal of 10 percent of a municipality’s housing stock to be low- and moderate-income housing, with a half credit per qualifying mobile home.

• Exploring a Statewide Geographic Information System (GIS) (7985A/2995A): Sponsored by Rep. Tina L. Spears (D-Dist. 36, Charlestown, South Kingstown, New Shoreham, Westerly and Sen. Tiara Mack (D-Dist. 6, Providence), this bill instructs the Department of Administration to develop, with input from the League of Cities and Towns, a report on the creation of a comprehensive and integrated statewide GIS. This report would evaluate the cost, staff, organizational changes and data security requirements needed to establish and maintain the platform, in addition to the types of data that would be needed from agencies and local governments to maintain the system.