2021 -- H 6074

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LC001159

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING CONSTRUCTION

     Introduced By: Representatives Henries, Morales, Lombardi, Kazarian, Cortvriend,
Ranglin-Vassell, Felix, Alzate, and Amore

     Date Introduced: March 03, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-6-1 of the General Laws in Chapter 42-6 entitled "Departments

of State Government" is hereby amended to read as follows:

     42-6-1. Enumeration of departments.

     All the administrative powers and duties heretofore vested by law in the several state

departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the

following departments and other agencies that are specified in this title:

     (a) Executive department (chapter 7 of this title);

     (b) Department of state (chapter 8 of this title);

     (c) Department of the attorney general (chapter 9 of this title);

     (d) Treasury department (chapter 10 of this title);

     (e) Department of administration (chapter 11 of this title);

     (f) Department of business regulation (chapter 14 of this title);

     (g) Department of children, youth and families (chapter 72 of this title);

     (h) Department of corrections (chapter 56 of this title);

     (i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12];

     (j) Department of elementary and secondary education (chapter 60 of title 16);

     (k) Department of environmental management (chapter 17.1 of this title);

     (l) Department of health (chapter 18 of this title);

     (m) Board of governors for higher education (chapter 59 of title 16);

     (n) Department of labor and training (chapter 16.1 of this title);

     (o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter

12.1 of this title);

     (p) Department of human services (chapter 12 of this title);

     (q) Department of transportation (chapter 13 of this title);

     (r) Public utilities commission (chapter 14.3 of this title);

     (s) Department of revenue (chapter 142 of this title);

     (t) Department of public safety (chapter 7.3 of this title).

     (u) Housing jobs department (chapter 160 of this title).

     SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 160

THE HOUSING JOBS DEPARTMENT ACT

     42-160-1. Short title.

     This act shall be known and may be cited as "The Housing Jobs Department Act."

     42-160-2. Legislative findings.

     (a) Rhode Island currently suffers from a mass unemployment crisis, including in the

building industry.

     (b) Rhode Island has a severe shortage of affordable housing units.

     (c) Climate change poses a severe threat to every Rhode Island resident. Climate change is

drastically accelerated by human activity, particularly activities that emit greenhouse gases.

     (d) Installing distributed generation, such as solar panels, on homes will dramatically

reduce Rhode Island's greenhouse gas emissions.

     (e) In order to address the mass unemployment crisis, the severe shortage of affordable

housing units in Rhode Island, and the climate crisis, Rhode Island must build thousands of energy

efficient affordable housing units and install photovoltaic solar panels on tens of thousands of

affordable homes in Rhode Island.

     42-160-3. Definitions.

     As used in this chapter:

     (1) "Department" means the housing jobs department.

     (2) "Director" means the director of the housing jobs department.

     (3) "Housing construction program" means the housing construction program established

in § 42-160.1-4.

     (4) "Housing construction program unit" means a unit of housing which was created by the

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Housing construction program, as provided in § 42-160.1-4.

     (5) "Housing maintenance program" means the housing construction program established

in § 42-160.2.

     (6) "Solar jobs program" means the solar jobs program established in § 42-160.3.

     42-160-4. Creation of the housing jobs department and the office of director.

     (a) There is hereby authorized, created and established the housing jobs department.

     (b) There is hereby authorized, created and established the office of director of the housing

jobs department.

     42-160-5. Purposes of the housing jobs department.

     (a) The purposes of the housing jobs department are to:

     (1) Implement and enforce the provisions of the Housing Construction Program, as set forth

in; § 42-160.1-4.

     (2) Implement and enforce the provisions of the Housing Maintenance Program, as set forth

in chapter 160.2 of title 42;

     (3) Implement and enforce the provisions of the Solar Jobs Program, as set forth in chapter

160.3 of title 42;

     (4) Safeguard the labor rights of workers who are contributing to the Housing Construction

Program or the Solar Jobs Program;

     (5) Implement and enforce the provisions and rules governing evictions, set forth in § 34-

18-58; and

     (6) Implement and enforce the energy efficiency requirements for large buildings owners,

set forth in chapter 50 of title 34.

     42-160-6. Appointment of director.

     The director of the housing jobs department shall be appointed by the governor, with the

advice and consent of the senate.

     42-160-7. Powers and duties.

     (a) All functions, services, and duties of the housing jobs department shall be organized by

the director, including with regard to:

     (1) The construction of housing construction program units;

     (2) The protection of the labor rights of workers building new housing construction

program units;

     (3) The maintenance and upkeep of housing construction program units;

     (4) The retrofitting, renovation, and modification of existing housing construction program

units, including with regard to photovoltaic solar panel installations;

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     (5) The training of workers to equip them with the skills necessary to construct new housing

construction program units and to retrofit, renovate, or modify existing housing construction

program units;

     (6) Building partnerships with youth pre-apprenticeship programs and job placement

programs;

     (7) The enforcement of the provisions governing evictions, set forth in § 34-18-58; and

     (8) The enforcement of the energy efficiency requirements for large building owners set

forth in chapter 50 of title 34.

     (b) The director may enter contracts, hire employees, hire contractors, promulgate rules

and regulations, levy fines, adjudicate administrative cases, or take any other lawful action in order

to achieve any purpose of the housing jobs department as enumerated in § 42-160-5.

     (c) The director shall be the appointing authority for all employees of the department.

     (d) The director shall make all feasible, lawful, and appropriate efforts to ensure diversity

among the employees of the housing jobs department, including with regard to race, color, national

origin, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

service member in the armed forces, country of ancestral origin, disability, age, housing status,

familial status, or immigration status.

     (e) The director shall have the authority to promulgate rules or regulations to enable the

department to investigate evictions and enforce the provisions of § 34-18-58. The director shall

have the power to enforce the rules governing evictions, set forth in § 34-18-58, to investigate

evictions to determine whether they violated the provisions set forth in § 34-18-58. The director

shall have the power to levy a fine not greater than twenty-five thousand ($25,000) dollars against

a landlord who violates the rules governing evictions, set forth in § 34-18-58. Each individual

eviction that violates the provisions set forth in § 34-18-58 shall constitute a separate and distinct

violation.

     (f) The director shall have the authority to levy a fine against a large building owner who

is in violation of the energy efficiency requirements set forth in chapter 50 of title 34, according to

the provisions of chapter 50 of title 34.

     (g) The director may assign or delegate any power to subordinate officers and employees

at any time and for any reason.

     42-160-8. Offices of department.

     The department of administration shall furnish the housing jobs department with offices in

which to transact its business and keep its records. The offices shall be open for business each day

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of the year, except Sundays and legal holidays, during such hours as may be prescribed by the

director.

     42-160-9. Receipt and use of funds.

     The housing jobs department shall have the authority to receive and expend monies from

any sources, public or private, including, but not limited to, legislative enactments, bond issues,

gifts, devises, grants, bequests, or donations. The housing jobs department is authorized to enter

into any contracts necessary to obtain and expend those funds.

     42-160-10. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 160.1

THE HOUSING CONSTRUCTION ACT

     42-160.1-1. Short title.

     This act shall be known and may be cited as "The Housing Construction Act."

     42-160.1-2. Legislative findings.

     (a) Rhode Island suffers from a mass unemployment crisis, including in the building

industry.

     (b) Housing is a human right. It is the responsibility of the government of Rhode Island to

ensure that every state resident has housing.

     (c) Under chapter 53 of title 45, Rhode Island has set a goal to make at least ten (10) percent

of the year-round housing stock in each municipality affordable for low- and moderate-income

households. Rhode Island has not achieved this goal.

     (d) There is currently an enormous shortage of affordable homes in Rhode Island. To

address this crisis, Rhode Island must build thousands of new, affordable homes and ensure that

they remain affordable.

     (e) Project labor agreements help protect workers by ensuring fair wages, working

conditions, and salaries.

     (f) Properly designed project labor agreements help the state meet workforce diversity

goals.

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     (g) Project labor agreements are necessary for building new homes due to the complexity

of the work.

     (h) Project labor agreements provide the state with a guarantee that projects will be

completed with highly skilled and safely trained workers.

     (i) Project labor agreements provide for peaceful, orderly, and mutually binding procedures

for resolving labor disputes, preventing significant lost-time on construction projects.

     (j) Project labor agreements allow public agencies to predict more accurately the actual

cost of projects.

     (k) Climate change poses a severe threat to every Rhode Island resident. Climate change is

drastically accelerated by human activity, particularly activities that emit greenhouse gases.

     (l) In order to address the mass unemployment crisis, the severe shortage of affordable

housing units in Rhode Island, and the climate crisis, Rhode Island must build thousands of energy

efficient affordable housing units which are equipped with rooftop photovoltaic solar panels.

     42-160.1-3. Definitions.

     As used in this chapter:

     (1) "Census tract" means a geographic region identified as and referred to as a "Census

tract" by the U.S. Census Bureau.

     (2) "Cumulative adjusted gross household income" means the cumulative adjusted gross

income of every person in a single household, as reflected on federal income tax returns of the most

recent year.

     (3) "Fiscal quarter" means the fiscal quarter of the state of Rhode Island.

     (4) "Fiscal year" means the fiscal year of the state of Rhode Island.

     (5) "Housing construction program" means the cumulative entirety of any and all rules,

regulations, contracts, plans, projects, expenditures, and activities completed by the housing jobs

department to create one or more housing construction program units.

     (6) "Housing construction program building" means any building, which is owned by the

department that contains one or more housing construction program units.

     (7) "Housing construction program project" means any individual project or enterprise

intended to create one or more housing construction program units.

     (8) "Housing construction program unit" means:

     (i) A unit of housing which was created, in whole or in any part, by the housing jobs

department;

     (ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,

partnership or other entity or person under contract with the housing jobs department, or a

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subcontractor thereof; or

     (iii) A unit of housing which was created, in whole or in any part, with money from the

housing jobs department.

     (9) "Housing construction program worker" means any worker who directly contributes to

the construction of any housing construction program project. A worker shall be considered a

"Housing construction program worker" only for the duration of their work on a housing

construction program project. Housing construction program workers include employees of the

housing jobs department, contractors, and subcontractors. This term includes, but is not limited to,

construction workers, electricians, roofers, plumbers, pipefitters, bricklayers, carpenters, heat and

frost insulators, painters, structural engineers, cement masons, sheet metal workers, sprinkler

fitters, delivery drivers who transport tools or materials to the construction site, and any individual

hired to clean debris from the construction site.

     (10) "Inspector" means a person qualified to:

     (i) Inspect a housing construction program building, to accurately assess whether a rooftop

photovoltaic solar panel system could be safely installed on that housing construction program

building, including by taking into account:

     (A) Whether the roof can safely support the weight of a photovoltaic solar system;

     (B) Whether installation workers can safely access the roof and install the solar panels

without undue hazard; and

     (C) Any other safety considerations that ought to be considered when determining whether

a photovoltaic solar panel system can be safely installed on a housing unit.

     (ii) Accurately assess the most appropriate location for a photovoltaic solar panel system

on a housing construction program building, taking into account safety considerations and the

relative exposure to sunlight of different possible locations on the housing unit.

     (iii) Accurately assess the highest nameplate generation capacity that could be safely

installed on a housing construction program building.

     (iv) Accurately assess the most appropriate type of solar panel system to install on the roof

of a housing construction program building, including with respect to size, shape, manufacturer,

nameplate generation capacity, wiring, and any other relevant solar panel features.

     (11) "LEED Gold" means a Gold rating in the LEED green building certification program.

     (12) "LEED" means the Leadership in Energy and Environmental Design green building

certification program developed by the U.S. Green Building Council.

     (13) "Modeled energy performance" means the projected or anticipated energy efficiency

of a building, expressed as energy use intensity.

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     (14) "Multi-family residence" means a building or residential complex that contains

multiple, separate housing units.

     (15) "Open meetings act" means the open meetings act of Rhode Island, chapter 46 of title

42.

     (16) "Project labor agreement" means a pre-negotiated, pre-hire collective bargaining

agreement which governs all working conditions and standards related to employment on a specific

project.

     (17) "Residential complex" means a related group of buildings which share common areas,

services, or facilities which the tenants of each building are able to use.

     42-160.1-4. Establishment of the housing construction program.

     (a) The housing jobs department shall establish the housing construction program.

     (b) The purpose of the housing construction program is to facilitate the construction of new

housing construction program units.

     42-160.1-5. Project labor agreements required.

     (a) Housing construction program workers shall be paid not less than the wage rate

established for such work pursuant to a project labor agreement with the appropriate labor

organization or labor organizations, which shall include a:

     (1) Mutually agreeable, lawful, and uniform grievance and arbitration procedure for the

resolution of work-related disputes involving housing construction program projects;

     (2) Mutually agreeable, lawful work rules, working conditions, and working schedules for

housing construction program projects;

     (3) Mutually agreeable, lawful terms regarding the benefits provided for workers working

on a housing construction program project;

     (4) Mutually agreeable, lawful terms regarding the use of apprenticeship programs and pre-

apprenticeship programs on housing construction program projects;

     (5) Mutually agreeable, lawful goals or requirements to promote workforce diversity for

housing construction program projects, including, but not limited to, with regard to race and gender;

     (6) Mutually agreeable, lawful goals or requirements to hire local residents who live near

the work site for housing construction program projects; and

     (7) Mutually agreeable, lawful goals or requirements to hire enrollees or former enrollees

of the Just Transition Program established by the department of labor and training, pursuant to §

42-16.1-21, to work on housing construction program projects.

     42-160.1-6. Housing jobs department transparency requirements.

     (a) No later than the thirtieth day of each fiscal quarter, the housing jobs department shall

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publish a comprehensive report of all the housing construction program projects which were

completed during the previous fiscal quarter. This report shall include:

     (1) The location of each of the housing units built during the previous fiscal quarter;

     (2) The total money spent constructing each individual housing unit that was built during

the previous fiscal quarter, including a detailed accounting of the money spent on each type of

construction material for that individual housing unit, and the total labor costs spent on each

profession of worker who participated in constructing that individual housing unit;

     (3) The modeled energy performance of each housing unit completed during the previous

fiscal quarter;

     (4) The nameplate generation capacity of any and all photovoltaic solar panels installed on

or around the premises of each individual housing unit;

     (5) A detailed description of the affirmative action measures the department took to

lawfully ensure diversity within the collective group of housing construction program workers; and

     (6) An evaluation of the success of the affirmative action measures they took to ensure

diversity among employees.

     42-160.1-7. Multi-family residence requirements.

     All housing construction program units must be located within multifamily residence

buildings.

     42-160.1-8. Energy efficiency and rooftop solar requirements.

     (a) The housing jobs department shall ensure that every housing construction program

building is designed to:

     (1) Comply with the requirements necessary to achieve a LEED Gold rating; and

     (2) Qualify for sixty (60) percent of the available credits in the Energy and Atmosphere

category of the LEED rating system. This subsection shall not be interpreted to require the housing

jobs department to receive an official LEED certification.

     (b) The housing jobs department shall ensure that every housing construction program

building is equipped with photovoltaic rooftop solar with the largest feasible generation capacity

appropriately sized for that building, as determined by an Inspector.

     42-160.1-9. Rooftop sunlight exposure.

     When siting and designing housing construction program buildings, the housing jobs

department shall make all feasible, lawful, and appropriate efforts to build housing construction

program buildings in such a way as to maximize their roofs' exposure to sunlight.

     42-160.1-10. Just transition and diversity requirements.

     (a) When hiring employees, hiring contractors, awarding contracts, designing project labor

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agreements, promulgating rules and regulations, and enforcing rules and regulations, the housing

jobs department shall:

     (1) Maximize, to the greatest extent feasible, lawful, and appropriate, in the judgment of

the director, the number of housing construction program workers who are enrolled in or who have

completed the Just Transition Program administered by the department of labor and training,

pursuant to § 42-16.1-21; and

     (2) Maximize, to the greatest extent feasible, lawful, and appropriate, racial and gender

equity within the hiring processes for housing construction program workers.

     (b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities

working on housing construction program projects shall, at all times, make good faith efforts to

promote workforce diversity for housing construction program projects, including with regard to

race and gender. If the director determines that a contractor, subcontractor, firm, corporation,

partnership, or other entity is not making good faith efforts to achieve workforce diversity, the

director may prohibit that entity from bidding on contracts or being awarded contracts for housing

construction program projects for two (2) years.

     42-160.1-11. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 4. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 160.2

     THE HOUSING CONSTRUCTION PROGRAM UNITS MANAGEMENT ACT

     42-160.2-1. Short title.

     This act shall be known as and may be cited as "The Housing Construction Program Units

Management Act."

     42-160.2-2. Legislative findings.

     (a) Housing is a human right. It is the responsibility of the government of Rhode Island to

ensure that every state resident has housing.

     (b) There is currently an enormous shortage of affordable rental homes in Rhode Island.

To address this crisis, Rhode Island must build thousands of new, affordable homes and ensure that

they remain affordable.

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     42-160.2-3. Definitions.

     As used in this chapter:

     (1) "Area median income" means the area median income of the HUD metro area in which

the housing construction program unit is located, as calculated by the U.S. Department of Housing

and Urban Development, using the family size adjustments calculated by the U.S. Department of

Housing and Urban Development.

     (2) "Cumulative adjusted gross household income" means the cumulative adjusted gross

income of every person in a single household, as reflected on federal income tax returns of the most

recent year.

     (3) "Department" means the housing jobs department.

     (4) "Director" means the director of the housing jobs department.

     (5) "Division" means the housing maintenance division.

     (6) "Eight person household area median income" means the area median income of an

eight (8) person family in the HUD metro area in which a housing construction program unit is

located, as calculated by the U.S. Department of Housing and Urban Development.

     (7) "Fair market monthly rental value" means the monthly rental fee at which a housing

construction program unit would be likely to be rented on the open market in Rhode Island, as

determined by the director, taking into account contemporary market conditions including, but not

limited to, the relative availability and price of alternative housing options, the size of the housing

construction program unit, and the geographic location of the Housing Construction Program Unit.

     (8) "Five person household area median income" means the area median income of a five

(5) person family in the HUD metro area in which a housing construction program unit is located,

as calculated by the U.S. Department of Housing and Urban Development.

     (9) "Four person household area median income" means the area median income of a four

(4) person family in the HUD metro area in which a housing construction program unit is located,

as calculated by the U.S. Department of Housing and Urban Development.

     (10) "Housing construction program" means the housing construction program described

in § 42-160.1-4.

     (11) "Housing construction program building" means any building, which is owned by the

department that contains one or more housing construction program units.

     (12) "Housing construction program unit" means:

     (i) A unit of housing which was created, in whole or in any part, by the housing jobs

department;

     (ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,

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partnership or other entity or person under contract with the housing jobs department, or a

subcontractor thereof; or

     (iii) A unit of housing which was created, in whole or in any part, with money from the

housing jobs department.

     (13) "Housing construction program unit tenant" means a person who rents a housing

construction program unit.

     (14) "Housing maintenance program" means the cumulative entirety of any and all rules,

regulations, contracts, plans, projects, expenditures, and activities completed by the housing jobs

department to maintain, improve, rent, use, or manage any and all housing construction program

units.

     (15) "One person household area median income" means the area median income of a

single person family in the HUD metro area in which a housing construction program unit is

located, as calculated by the U.S. Department of Housing and Urban Development.

     (16) "Property upkeep and improvement fund" means a separate, restricted funds account

owned and established by the division, into which the division may deposit money and from which

the division may withdraw money.

     (17) "Seven person household area median income" means the area median income of a

seven (7) person family in the HUD metro area in which a housing construction program unit is

located, as calculated by the U.S. Department of Housing and Urban Development.

     (18) "Six person household area median income" means the area median income of a six

(6) person family in the HUD metro area in which a housing construction program unit is located,

as calculated by the U.S. Department of Housing and Urban Development.

     (19) "Three person household area median income" means the area median income of a

three (3) person family in the HUD metro area in which a housing construction program unit is

located, as calculated by the U.S. Department of Housing and Urban Development.

     (20) "Two person household area median income" means the area median income of a two

(2) person family in the HUD metro area in which a housing construction program unit is located,

as calculated by the U.S. Department of Housing and Urban Development.

     42-160.2-4. The housing maintenance division.

     (a) The department shall establish the housing maintenance division.

     (b) The housing maintenance division shall establish the housing maintenance program.

     (c) The purposes of the housing maintenance program shall be to:

     (1) Lease housing construction program units to housing construction program unit tenants;

     (2) Collect monthly rental payments from housing construction program unit tenants;

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     (3) Make appropriate repairs, adjustments, and improvements to housing construction

program units;

     (4) Address and seek to resolve complaints and concerns raised by housing construction

program unit tenants, pertaining to the conditions, habitability, safety, state of repair, and comfort

of housing construction program units.

     (d) When a housing construction program unit is fully constructed and completed, the

department shall transfer full legal ownership of it to the division.

     (e) When a housing construction program building is fully constructed and completed, the

department shall transfer full legal ownership of it to the division.

     (f) The division shall indefinitely retain legal ownership of every completed housing

construction program unit and every completed housing construction program building. The

division may not sell or transfer legal or equitable title of any housing construction program unit

or any housing construction program building.

     (g) The division shall establish an application process through which Rhode Island

residents may apply to live in a housing construction program unit.

     (h) The division shall collect rental payments from housing construction program unit

tenants, ensure that appropriate repairs, adjustments, and improvements are made to housing

construction program units, and address tenant complaints pertaining to the conditions, habitability,

and comfort of housing construction program units.

     (i) The rental payments made by housing construction program unit tenants shall be

collected directly by employees of the division, not by other individuals, groups, contractors,

subcontractors, or corporations.

     (j) Repairs, adjustments, and improvements to the housing construction program units may

be made by employees of the division or by other individuals, groups, contractors, subcontractors,

or corporations under contract with the division.

     (k) The division shall develop and implement an affirmative action plan to lawfully ensure

diversity among the collective group of employees of the division, including with regard to race,

color, national origin, religion, sex, sexual orientation, gender identity or expression, marital status,

military status as a veteran with an honorable discharge or an honorable or general administrative

discharge, service member in the armed forces, country of ancestral origin, disability, age, housing

status, familial status, or immigration status.

     42-160.2-5. Mixed-income bifurcation.

     (a) All housing construction program units shall be divided into two (2) categories:

     (1) Set rate units; and

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     (2) Market rate units. Every housing construction program unit must be in one of the two

(2) categories at all times. A housing construction program unit may, at different times, be in

different categories and may switch back and forth at the discretion of the director, provided that

each housing construction program unit may only be in one category at any given time.

     (b) At all times, no fewer than fifty five (55%) percent, and no more than sixty (60%)

percent, of the total housing construction program units in each housing construction program

building shall be set rate units.

     42-160.2-6. Value of housing construction program units.

     (a) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for a single occupant is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of one person

household area median income, at the time that housing construction program unit is completed.

     (b) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for two (2) occupants is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of two (2) person

household area median income, at the time that housing construction program unit is completed.

     (c) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for three (3) occupants is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of three (3) person

household area median income, at the time that housing construction program unit is completed.

     (d) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for four (4)occupants is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of four (4) person

household area median income, at the time that housing construction program unit is completed.

     (e) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for five (5) occupants is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of five (5) person

household area median income, at the time that housing construction program unit is completed.

     (f) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for six (6) occupants is between two and one half (2.5%) percent

of one person household area median income and three (3%) percent of six (6) person household

area median income, at the time that housing construction program unit is completed.

     (g) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for seven (7) occupants is between two and one half (2.5%)

LC001159 - Page 14 of 44

percent of one person household area median income and three (3%) percent of seven (7) person

household area median income, at the time that housing construction program unit is completed.

     (h) The director shall ensure that the fair market monthly rental value of each housing

construction program unit intended for eight (8) occupants is between two and one half (2.5%)

percent of one person household area median income and three (3%) percent of eight (8) person

household area median income, at the time that housing construction program unit is completed.

     42-160.2-7. Eligibility to live in a set rate unit.

     (a) Persons who are part of a single person household and whose cumulative adjusted gross

household income does not exceed seventy (70%) percent of the one person household area median

income are eligible to become tenants of set rate units.

     (b) Persons who are part of a two (2) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the two (2) person household

area median income are eligible to become tenants of set rate units.

     (c) Persons who are part of a three (3) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the three (3) person household

area median income are eligible to become tenants of set rate units.

     (d) Persons who are part of a four (4) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the four (4) person household

area median income are eligible to become tenants of set rate units.

     (e) Persons who are part of a five (5) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the five (5) person household

area median income are eligible to become tenants of set rate units.

     (f) Persons who are part of a six (6) person household and whose cumulative adjusted gross

household income does not exceed seventy (70%) percent of the six (6) person household area

median income are eligible to become tenants of set rate units.

     (g) Persons who are part of a seven (7) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the seven (7) person household

area median income are eligible to become tenants of set rate units.

     (h) Persons who are part of an eight (8) person household and whose cumulative adjusted

gross household income does not exceed seventy (70%) percent of the eight (8) person household

area median income are eligible to become tenants of set rate units.

     42-160.2-8. Applying to live in a set rate unit.

     (a) The division shall create a set rate unit application for applicants to use to apply to rent

a set rate unit.

LC001159 - Page 15 of 44

     (b) The set rate unit application shall be easily accessible on the website of the housing

jobs department. Applicants shall be given the option of submitting their Set rate unit application

electronically on the website of the housing jobs department. Visitors to the website of the housing

jobs department shall be able to download and print as many copies of the set rate unit application

as they wish. The housing jobs department shall also establish a system through which applicants

can easily and conveniently submit non-electronic, paper versions of the set rate unit application.

     (c) The set rate unit application shall be available in English and in any other language

spoken by at least ten (10) percent of the population of the state of Rhode Island, as determined by

the U.S. Census Bureau.

     (d) The division shall develop an equitable and fair system through which to offer available

set rate units to eligible applicants.

     (e) If the number of eligible applicants exceeds the number of available housing

construction program units, the division shall establish a waiting list for the remaining applicants

who have not yet received set rate units. Applicants on the waiting list shall be kept regularly

apprised of their position on the waiting list, no less frequently than once every two (2) months.

     42-160.2-9. Set rate unit affordability.

     (a) The director shall determine the monthly rental fee for any set rate unit.

     (b) The monthly rental fee for any set rate unit shall not exceed one-twelfth (1/12) of twenty

percent (20%) of the occupants' cumulative household adjusted gross income, except that the

monthly rental fee for any set rate unit shall not be less than three hundred thirty-three dollars

($333). The monthly rental fee shall include the cost of utilities.

     42-160.2-10. Market rate units.

     (a) The director shall determine the monthly rental fee for any market rate unit.

     (b) The director shall set the monthly rental fee for any market rate unit at the fair market

monthly rental value of that unit, except that the director may adjust the monthly rental fee when

the director deems doing so is appropriate.

     42-160.2-11. Property upkeep and improvement fund.

     (a) The division shall establish a restricted funds account which shall be known as the

property upkeep and improvement fund.

     (b) The rental fees collected from the housing construction program unit tenants shall be

deposited directly into the property upkeep and improvement fund.

     (c) Money in the property upkeep and improvement fund shall only be used to:

     (1) Maintain housing construction program units, housing construction program buildings,

or the adjacent land;

LC001159 - Page 16 of 44

     (2) Make repairs to housing construction program units or housing construction program

buildings; or

     (3) Make improvements to housing construction program units, housing construction

program buildings, or the adjacent land.

     (d) The director shall determine how to spend the money in the property upkeep and

improvement fund, in accordance with the provisions of this chapter. The director may delegate

this authority to an employee or employees of the division.

     42-160.2-12. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 5. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 160.3

THE SOLAR JOBS ACT

     42-160.3-1. Short title.

     This act shall be known and shall be cited as "The Solar Jobs Act."

     42-160.3-2. Legislative findings.

     (a) Thousands of low-income Rhode Island residents lose access to electricity each year

because they cannot afford to pay their utility bills.

     (b) Distributed generation, such as rooftop photovoltaic solar panels, obviates the need to

build new, expensive electricity distribution infrastructure, such as transmission lines, substations,

and transformers. Once built, the cost of new electricity distribution infrastructure is passed onto

rate-payers. Installing distributed generation on some homes, therefore, reduces electricity rates for

all utility rate-payers in the state.

     (c) Climate change poses a severe threat to every Rhode Island resident. Climate change is

drastically accelerated by human activity, particularly activities that emit greenhouse gases.

     (d) Installing distributed generation, such as solar panels, on homes will dramatically

reduce Rhode Island's greenhouse gas emissions.

     (e) Project labor agreements help protect workers by ensuring fair wages, working

conditions, and salaries.

     (f) Properly designed project labor agreements help the state meet workforce diversity

LC001159 - Page 17 of 44

goals.

     (g) Project labor agreements are necessary for installing solar panels due to the complexity

of the work.

     (h) Project labor agreements provide the state with a guarantee that public works projects

will be completed with highly skilled and safely trained workers.

     (i) Project labor agreements provide for peaceful, orderly, and mutually binding procedures

for resolving labor issues, preventing significant lost-time on construction projects.

     (j) Project labor agreements allow public agencies to predict more accurately the actual

cost of the projects.

     (k) To address the climate crisis, and to reduce utility bills, Rhode Island must install

photovoltaic solar panels on the roofs of tens of thousands of homes in Rhode Island using project

labor agreements.

     42-160.3-3. Definitions.

     (a) As used in this chapter:

     (1) "Census tract" means a census tract as identified by the U.S. Census Bureau.

     (2) "Cumulative adjusted gross household income" means the cumulative adjusted gross

income of every

     (3) "Department" means the housing jobs department.

     (4) "Director" means the director of the housing jobs department.

     (5) "Free solar power applicant" means an individual who has submitted a free solar power

application.

     (6) "Free solar power application" means a free solar power application, as provided in §

42-160.3-5.

     (7) "Free solar power multi-family residence application" means a free solar power

application for a selected housing unit building which is a multifamily residence.

     (8) "Free solar power single family residence application" means a free solar power

application for a selected housing unit building which is a single family residence.

     (9) "Housing construction program building" means any building, which is owned by the

department that contains one or more housing construction program units.

     (10) "Housing construction program unit" means:

     (i) A unit of housing which was created, in whole or in any part, by the housing jobs

department;

     (ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,

partnership or other entity or person under contract with the housing jobs department, or a

LC001159 - Page 18 of 44

subcontractor thereof; or

     (iii) A unit of housing which was created, in whole or in any part, with money from the

housing jobs department.

     (11) "Housing unit building" means the physical structure of a single family residence or a

multifamily residence, and the land on which a single family residence or multifamily residence is

located.

     (12) "Inspector" means a person qualified to:

     (i) Inspect housing units to accurately assess whether a rooftop photovoltaic solar panel

system could be safely installed on a housing unit, including by taking into account:

     (A) Whether the roof can safely support the weight of a photovoltaic solar panel system;

     (B) Whether installation workers can safely access the roof and install the solar panels

without undue hazard; and

     (C) Any other safety considerations that, in the judgment of the director, ought to be

considered when determining whether a photovoltaic solar panel system can be safely installed on

a housing unit.

     (D) Accurately assess the most appropriate location of a photovoltaic solar panel system

on a housing unit, taking into account both safety considerations and the relative exposure to

sunlight of different possible locations on the housing unit.

     (ii) Accurately assess the highest nameplate generation capacity that could be safely

installed on a housing unit.

     (iii) Accurately assess the most appropriate type of solar panel system to install on the roof

of a housing unit or on any other part of the property owned or rented by the housing unit's occupant,

including with respect to size, shape, manufacturer, nameplate generation capacity, wiring, and any

other relevant solar panel features.

     (13) "Multi-family residence building" means a building or residential complex that

contains multiple, separate housing units.

     (14) "Project labor agreement" means a pre-negotiated, pre-hire collective bargaining

agreement which governs all working conditions and standards related to employment on a specific

project.

     (15) "Routine maintenance, upkeep, and repairs" refers to maintenance, upkeep, and repairs

that:

     (i) Are ordinarily expected to be necessary or foreseeable in the standard life cycle of a

solar panel system; and

     (ii) Were not caused by the fault, sabotage, or negligence of the housing unit owner.

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     (16) "Safety and feasibility certification" means the safety and feasibility certification

issued by an inspector, as provided in § 42-160.3-6.

     (17) "Selected housing unit building" means the housing unit building on which a free solar

power applicant has applied to have a photovoltaic rooftop solar panel system installed.

     (18) "Single family residence" means a house that is intended to be occupied by a single

household.

     (19) "Solar installation contract" means the solar installation contract provided in § 42-

160.3-7.

     (20) "Solar jobs program" means the cumulative entirety of any and all rules, regulations,

contracts, plans, projects, expenditures, and activities completed by the housing jobs department to

install photovoltaic solar panel systems on housing units which are not Housing Construction

Program Units.

     (21) "Solar jobs program project" means an installation of a photovoltaic solar panel system

on a housing unit under the solar jobs program, or a series of such installations.

     (22) "Solar jobs program worker" means any worker, including employees, contractors,

and subcontractors who perform work as part of the solar jobs program, under contract with the

housing jobs department.

     42-160.3-4. Solar jobs program.

     (a) The housing jobs department shall establish the solar jobs program.

     (b) The purpose of the solar jobs program is to install photovoltaic solar panel systems on

housing unit buildings.

     42-160.3-5. Solar panel installation application process.

     (a) The housing jobs department shall create a simple and convenient free solar power

application, with which individuals can apply to receive a rooftop photovoltaic solar panel system

installed on a housing unit building which they own.

     (b) The free solar power application shall be named and called the "free solar power

application" in all official, public communications made by the housing jobs department and its

employees and agents.

     (c) Free solar power applicants whose selected housing unit building is a single family

residence shall provide the following information in their free solar power application:

     (1) Their name;

     (2) The address of their selected housing unit building;

     (3) Their cumulative adjusted gross household income;

     (4) The number of individuals in their household;

LC001159 - Page 20 of 44

     (5) Whether they would prefer to have a solar panel system installed on the roof, or whether

they would prefer to have a solar panel system installed on another part of the property, or whether

they have no preference;

     (6) Whether they have the legal right to allow a photovoltaic solar panel system to be

installed on the selected housing unit building; and

     (7) Any other question that the director deems appropriate to include on the application.

     (d) Free solar power applicants whose selected housing unit building is a multifamily

residence, shall provide the following information in their free solar power application:

     (1) Their name;

     (2) The address of their selected housing unit building;

     (3) Whether they would prefer to have a solar panel system installed on the roof, or whether

they would prefer to have a solar panel system installed on another part of the property, or whether

they have no preference;

     (4) Whether they have the legal right to allow a photovoltaic solar panel system to be

installed on the selected housing unit building; and

     (5) Any other question that the director deems appropriate to include on the application.

     (e) The free solar power application shall be easily accessible on the website of the housing

jobs department. Applicants shall be given the option of submitting their free solar power

application electronically on the website of the housing jobs department. Visitors to the website of

the housing jobs department shall be able to download and print as many copies of the free solar

power application as they wish. The housing jobs department shall also establish a program through

which applicants can easily and conveniently submit non-electronic, paper versions of the free solar

installation application.

     (f) The free solar power application shall be available in English and in any other language

spoken by at least ten (10) percent of the state of Rhode Island, as determined by the U.S. Census

Bureau.

     (g) Individuals shall be ineligible to submit a free solar power application if they lack the

legal right to permit a photovoltaic solar panel system to be installed on their housing unit.

     42-160.3-6. Inspection and certification.

     (a) The housing jobs department shall send an Inspector to the selected housing unit

building of any individual who has submitted a free solar power application, provided that the

individual is eligible to submit a free solar power application and their application, in the

determination of the director, is reasonably likely to be approved. The inspector shall arrive at the

selected housing unit building at a time to which the free solar power applicant has agreed. The

LC001159 - Page 21 of 44

inspector shall inspect the selected housing unit building to assess whether a photovoltaic solar

panel system could be safely installed on the selected housing unit building. In order to determine

whether a photovoltaic solar panel system could safely be installed on the selected housing unit

building, the inspector shall consider:

     (1) Whether the roof or another area of the property can safely support the weight of a

photovoltaic solar panel system;

     (2) Whether installation workers can safely access the roof or another area of the property

to install solar panels without undue hazard;

     (3) Any other safety considerations that the Inspector deems appropriate; and

     (4) Any other safety considerations that the director has instructed the Inspector to

consider.

     (b) After completing the inspection of a free solar power applicant's selected housing unit

building, the inspector shall issue a safety and feasibility certification of the selected housing unit

building if the inspector determines that:

     (1) A photovoltaic solar panel system could be safely installed on the applicant's selected

housing unit building; and

     (2) The photovoltaic solar panel system, once installed on the applicant's selected housing

unit building, would not have significantly impaired exposure to sunlight.

     (c) A safety and feasibility certification shall include:

     (1) The inspector's recommendation as to the most appropriate location for the photovoltaic

solar panel system on the selected housing unit building. The inspector shall make every reasonable

effort to honor to the applicant's preference as to the location of the photovoltaic solar panel system,

as long as the applicant's preferred location would not compromise the safety of the selected

housing unit building's occupants or the structural integrity of the selected housing unit Building,

and would not significantly impair the solar panel system's exposure to sunlight.

     (2) The inspector's recommendation as to the most appropriate type of photovoltaic solar

panel system to install on the applicant's selected housing unit building, including with respect to

size, shape, manufacturer, nameplate generation capacity, wiring, and any other relevant solar panel

features.

     (i) When recommending a photovoltaic solar panel system for a single family residence,

the inspector shall recommend the installation of the photovoltaic solar panel system with the

highest nameplate generation capacity as is feasible without compromising the safety of the housing

unit's occupants or the structural integrity of the housing unit and without significantly impairing

the photovoltaic solar panel system's exposure to sunlight, except that the inspector shall not

LC001159 - Page 22 of 44

recommend a photovoltaic solar panel system with greater than four thousand watts (4,000 W) of

nameplate generation capacity.

     (ii) When recommending a photovoltaic solar panel system for a multifamily residence, the

Inspector shall recommend the installation of the photovoltaic solar panel system with the highest

nameplate generation capacity as is feasible without compromising the safety of the housing unit's

occupants or the structural integrity of the housing unit and without significantly impairing the

photovoltaic solar panel system's exposure to sunlight.

     42-160.3-7. Solar installation contract.

     (a) After an inspector has issued a safety and feasibility certification and determined the

most appropriate type of solar panel system to install on the applicant's selected housing unit

building, the housing jobs department shall send the applicant a solar installation contract

describing the proposed solar installation. The proposed solar installation shall include a description

of:

     (1) The most appropriate location for the photovoltaic solar panel system on the selected

housing unit building, according to the inspector's recommendation provided in the safety and

feasibility certification; and

     (2) The type of solar panel system that would be most appropriate to be installed on the

applicant's selected housing unit building, including with respect to size, shape, manufacturer,

nameplate generation capacity, wiring, and any other relevant solar panel features, according to the

inspector's recommendation in the safety and feasibility certification. The document shall also

provide prominently displayed estimates of approximately how much electricity the proposed solar

installation will produce in an average year, as well as an estimate of how much money the applicant

will save on their annual electricity bill if the proposed solar installation were installed.

     (b) The bottom of the solar installation contract shall include a space for the applicant's

signature and date of signature, as well as clear and accessible language indicating that the applicant

is, under no circumstances, required to sign the solar installation contract. The solar installation

contract shall also indicate that, if the applicant signs the solar installation contract, they are

consenting to the installation of the proposed solar installation.

     (c) The solar installation contract may include any additional provisions that the director

deems appropriate, provided such provisions are consistent with the requirements of this chapter.

     42-160.3-8. Free solar power application approval.

     (a) The housing jobs department shall review free solar power applications promptly, and

shall approve them according to the requirements of this subsection.

     (b) The housing jobs department shall only approve a free solar power application if:

LC001159 - Page 23 of 44

     (1) An Inspector has issued a safety and feasibility certification of the applicant's selected

housing unit building;

     (2) The applicant has signed the solar installation contract;

     (3) The department intends to install photovoltaic solar panels on the applicant's selected

housing unit building within three (3) months; and

     (4) When the housing jobs department is certain that it has the resources to finance the

entire cost of the installation, including, but not limited to:

     (i) The cost of the photovoltaic solar panel system;

     (ii) The costs related to the shipment and transportation of the photovoltaic solar panel

system;

     (iii) The labor costs to compensate the solar jobs program workers who will install the

photovoltaic solar panel system;

     (iv) The administrative costs to coordinate the installation;

     (v) Any reasonably foreseeable routine maintenance, upkeep, and repairs that are the legal

and financial responsibility of the department, pursuant to § 42-160.3-13; and

     (vi) Any other costs which the director deems appropriate for the department to pay for.

     (c) After approving a free solar power application, an employee of the housing jobs

department shall:

     (1) Promptly notify the applicant that their application has been approved; and

     (2) Determine a mutually convenient time for both the department and the applicant to

install the proposed solar installation on the selected housing unit building.

     (d) If an applicant has had their free solar power application approved, the housing jobs

department shall pay the full and complete cost of installing a photovoltaic rooftop solar panel

system on the applicant's selected housing unit building.

     42-160.3-9. Solar panel installation prioritization order.

     (a) The housing jobs department shall divide all free solar power applications into two (2)

categories:

     (1) Free solar power single family residence applications; and

     (2) Free solar power multifamily residence applications.

     (b) When considering multiple free solar power single family residence applications, the

housing jobs department shall, at all times, prioritize a free solar power single family residence

application submitted by an individual with a lower cumulative adjusted gross household income

over a free solar power single family residence application submitted by an individual with a higher

cumulative adjusted gross household income.

LC001159 - Page 24 of 44

     (c) When considering multiple free solar power multifamily residence applications, the

housing jobs department shall, at all times, prioritize a free solar power multifamily residence

application for a selected housing unit in a census Tract with a lower median household income, as

calculated by the U.S. Census Bureau, over a free solar power multifamily residence application

for a selected housing unit in a census tract with a higher median household income, as calculated

by the U.S. Census Bureau.

     42-160.3-10. Advertising in low-income communities.

     The housing jobs department shall make substantial and sustained efforts to advertise the

solar jobs program in low-income communities across Rhode Island, including the availability of

free solar panel installations.

     42-160.3-11. Project labor agreements required.

     (a) Solar jobs program workers shall be paid not less than the wage rate established for

such work pursuant to a project labor agreement with the appropriate labor organization or labor

organizations, which shall include a:

     (1) Mutually agreeable, lawful, and uniform grievance and arbitration procedure for the

resolution of work-related disputes involving solar jobs program projects;

     (2) Mutually agreeable, lawful work rules, working conditions, and working schedules for

solar jobs program projects;

     (3) Mutually agreeable, lawful terms regarding the benefits provided for workers working

on solar jobs program projects;

     (4) Mutually agreeable, lawful terms regarding the use of apprenticeship programs and pre-

apprenticeship programs on solar jobs program projects;

     (5) Mutually agreeable, lawful goals or requirements to promote workforce diversity for

solar jobs program projects, including, but not limited to, with regard to race and gender;

     (6) Mutually agreeable, lawful goals or requirements to hire local residents who live near

the work site for solar jobs program projects; and

     (7) Mutually agreeable, lawful goals or requirements to hire enrollees or former enrollees

of the just transition program established by the department of labor and training, pursuant to § 42-

16.1-21, to work on solar jobs program projects.

     42-160.3-12. Solar panel maintenance.

     (a) The department shall assume legal and financial responsibility for all routine

maintenance, upkeep, and repairs of the photovoltaic solar panel systems installed through the solar

jobs program.

     (b) The department is prohibited from transferring legal or financial responsibility for any

LC001159 - Page 25 of 44

routine maintenance, upkeep, and repairs to any other entity.

     (c) The department shall establish a convenient way for recipients of photovoltaic solar

panel systems which were installed by the department under the solar jobs act to file requests with

the department for the department to perform routine maintenance, upkeep, and repairs. The

department shall investigate credible and reasonable requests for routine maintenance, upkeep, and

repairs promptly. If, upon investigation, the department determines that a photovoltaic solar panel

system is in need of routine maintenance, upkeep, and repairs, the department shall perform the

necessary routine maintenance, upkeep, and repairs promptly. The department is released from the

obligation to perform routine maintenance, upkeep, and repairs if the recipient of the solar panel

installation makes it unreasonably difficult to perform the routine maintenance, upkeep, and repairs,

including by refusing to allow agents, contractors, or employees of the department on the premises

or by failing to agree to a time during which the routine maintenance, upkeep, and repairs shall take

place.

     42-160.3-13. Legal ownership of the photovoltaic solar panel systems.

     (a) Once a photovoltaic solar panel system is installed on an applicant's housing unit, the

photovoltaic solar panel system is the property of the department.

     (b) The department shall include in the solar installation contract:

     (1) A provision prohibiting the applicant from selling, removing, deliberately damaging,

sabotaging, or dismantling the proposed solar installation; and

     (2) Any additional restrictions on the ways in which the applicant may use or affect the

proposed solar installation that the director deems appropriate.

     (c) If legal or equitable ownership of a housing unit building is transferred after a

photovoltaic solar panel system is already installed on it, pursuant to the solar jobs program, the

transferee automatically assumes all legal rights and duties with respect to the photovoltaic solar

panel system that were previously attached to the transferor.

     42-160.3-14. Net metering requirement.

     (a) The owner of a multifamily residence building which receives a photovoltaic solar panel

system installation, pursuant to the solar jobs program, shall enroll in the community net metering

program under chapter 26.4 of title 39. The electric distribution company providing electricity to

the multifamily residence building must install a net meter, and may not charge the owner of the

multifamily residence building, or any residents of said building, for either the net meter or any

installation costs.

     (b) If the owner of a multifamily residence building receives a photovoltaic solar panel

system installation, pursuant to the solar jobs program, the full financial benefit of the electricity

LC001159 - Page 26 of 44

thereby produced shall be awarded to the tenants of the multifamily residence building in the form

of reduced utility bills. The utility company shall offset the utility bills paid by the tenants of the

multifamily residence building on an equal basis by housing unit.

     (c) The owner of a single family residence which receives a photovoltaic solar panel system

installation, pursuant to the solar jobs program, shall enroll in the net metering program under

chapter 26.4 of title 39. The electric distribution company providing electricity to the single family

residence must install a net meter, and may not charge the owner of the multifamily residence

building, or any residents of said residence, for either the net meter or any installation costs.

     42-160.3-15. Just transition and diversity.

     (a) When hiring employees, hiring contractors, awarding contracts, designing project labor

agreements, promulgating rules and regulations, and enforcing rules and regulations, the housing

jobs department shall:

     (1) Maximize, to the greatest extent feasible, lawful, and appropriate, in the judgment of

the director, the number of solar jobs program workers who are enrolled in or who have completed

the just transition program administered by the department of labor and training, pursuant to § 42-

16.1-21.

     (2) Maximize, to the greatest extent feasible, lawful, and appropriate, racial and gender

equity within the hiring processes for solar jobs program workers.

     (b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities

working on solar jobs program projects shall, at all times, make good faith efforts to promote

workforce diversity for housing construction program projects, including with regard to race and

gender. If the director determines that a contractor, subcontractor, firm, corporation, partnership,

or other entity is not making good faith efforts to achieve workforce diversity, the director may

prohibit that entity from bidding on contracts or being awarded contracts for solar jobs program

projects for two (2) years.

     42-160.3-16. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 6. Sections 34-37-3 and 34-37-4 of the General Laws in Chapter 34-37 entitled

"Rhode Island Fair Housing Practices Act" are hereby amended to read as follows:

     34-37-3. Definitions.

LC001159 - Page 27 of 44

     When used in this chapter:

     (1) "Age" means anyone over the age of eighteen (18).

     (2) "Armed forces" means the Army, Navy, Marine Corps, Coast Guard, Merchant

Marines, or Air Force of the United States and the Rhode Island National Guard.

     (3) "Commission" means the Rhode Island commission for human rights created by § 28-

5-8.

     (4) "Disability" means a disability as defined in § 42-87-1.

     Provided, further, that the term "disability" does not include current, illegal use of, or

addiction to, a controlled substance, as defined in 21 U.S.C. § 802.

     (5) "Discriminate" includes segregate, separate, or otherwise differentiate between or

among individuals because of race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, military status as a veteran with an honorable discharge or an honorable

or general administrative discharge, servicemember in the armed forces, country of ancestral origin,

disability, age, housing status, or familial status or because of the race, color, religion, sex, sexual

orientation, gender identity or expression, marital status, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, servicemember in the

armed forces, country of ancestral origin, disability, age, housing status, or familial status of any

person with whom they are, or may wish to be, associated.

     (6) The term "domestic abuse" for the purposes of this chapter shall have the same meaning

as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2,

except that the domestic abuse need not involve a minor or parties with minor children.

     (7)(i) "Familial status" means one or more individuals who have not attained the age of

eighteen (18) years being domiciled with:

     (A) A parent or another person having legal custody of the individual or individuals; or

     (B) The designee of the parent or other person having the custody, with the written

permission of the parent or other person, provided that, if the individual is not a relative or legal

dependent of the designee, that the individual shall have been domiciled with the designee for at

least six (6) months.

     (ii) The protections afforded against discrimination on the basis of familial status shall

apply to any person who is pregnant or is in the process of securing legal custody of any individual

who has not attained the age of eighteen (18) years.

     (8) The terms, as used regarding persons with disabilities, "auxiliary aids and services",

"reasonable accommodation", and "reasonable modifications" have the same meaning as those

terms are defined in § 42-87-1.1.

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     (9) The term "gender identity or expression" includes a person's actual or perceived gender,

as well as a person's gender identity, gender-related self image, gender-related appearance, or

gender-related expression; whether or not that gender identity, gender-related self image, gender-

related appearance, or gender-related expression is different from that traditionally associated with

the person's sex at birth.

     (10) "Housing accommodation" includes any building or structure, or portion of any

building or structure, or any parcel of land, developed or undeveloped, that is occupied or is

intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

residence of one or more persons.

     (11) "Otherwise qualified" includes any person with a disability who, with respect to the

rental of property, personally or with assistance arranged by the person with a disability, is capable

of performing all the responsibilities of a tenant as contained in § 34-18-24.

     (12) "Owner" includes any person having the right to sell, rent, lease, or manage a housing

accommodation.

     (13) "Person" includes one or more individuals, partnerships, associations, organizations,

corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal

representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as

defined in chapter 20.5 of title 5.

     (14) "Senior citizen" means a person sixty-two (62) years of age or older.

     (15) "Source of lawful income" means any and all income derived or obtained from legal

sources, including, but is not limited to, any financial housing assistance such as financial assistance

provided under Section 8 of the federal Fair Housing Act.

     (15)(16) The term "sexual orientation" means having, or being perceived as having, an

orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to

describe the status of persons and does not render lawful any conduct prohibited by the criminal

laws of this state nor impose any duty on a religious organization. This definition does not confer

legislative approval of said status, but is intended to ensure the basic human rights of persons to

hold and convey property and to give and obtain credit, regardless of such status.

     (16)(17) The term "victim" means a family or household member and all other persons

contained within the definition of those terms as defined in § 12-29-2.

     (17)(18) The term "housing status" means the status of having or not having a fixed or

regular residence, including the status of living on the streets or in a homeless shelter or similar

temporary residence.

     34-37-4. Unlawful housing practices.

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     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause to

be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin or disability, age, immigration status, source of lawful income used for

rental or mortgage payments, familial status nor make any written or oral inquiry concerning

whether a tenant or applicant or a member of the household is, or has been, or is threatened with

being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is

seeking relief from any court in the form of a restraining order for protection from domestic abuse,

of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or

indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the

housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity

or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, immigration status, source of lawful income used for rental or

mortgage payments, or familial status of the individual or the race, color, religion, sex, sexual

orientation, gender identity or expression, marital status, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, servicemember in the

armed forces, country of ancestral origin or disability, age, or familial status of any person with

whom the individual is or may wish to be associated; or shall, or on the basis that a tenant or

applicant, or a member of the household, is or has been, or is threatened with being, the victim of

domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from

any court in the form of a restraining order for protection from domestic abuse. Nor shall an owner

having the right to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-

3(10), or an agent of any of these, directly or indirectly, issue any advertisement relating to the sale,

rental, or lease of the housing accommodation that indicates any preference, limitation,

specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, immigration status, source of lawful income used for rental or

mortgage payments, familial status, or on the basis that a tenant or applicant or a member of the

household is, or has been, or is threatened with being the victim of domestic abuse, or that the

tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

LC001159 - Page 30 of 44

restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate

against any individual because of his or her race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, immigration status, source of lawful income used for rental or

mortgage payments, familial status, or on the basis that a tenant or applicant or a member of the

household is, or has been, or is threatened with being the victim of domestic abuse, or that the

tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the

sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in

connection with it. Nothing in this subsection shall be construed to prohibit any oral or written

inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).

     (b) No person to whom application is made for a loan or other form of financial assistance

for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

accommodation, whether secured or unsecured shall directly or indirectly make or cause to be made

any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, immigration status, source of lawful income used for rental or

mortgage payments, familial status, or any express written or oral inquiry into whether a tenant or

applicant or a member of the household is, or has been, or is threatened with being the victim of

domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from

any court in the form of a restraining order for protection from domestic abuse, of any individual

seeking the financial assistance, or of existing or prospective occupants or tenants of the housing

accommodation; nor shall any person to whom the application is made in the manner provided,

directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining

or use of any financial assistance against any applicant because of the race, color, religion, sex,

sexual orientation, gender identity or expression, marital status, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, servicemember in the

armed forces, country of ancestral origin, disability, age, immigration status, source of lawful

income used for rental or mortgage payments, familial status, or on the basis that a tenant or

applicant or a member of the household is, or has been, or is threatened with being the victim of

domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any

court in the form of a restraining order for protection from domestic abuse, of the applicant or of

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the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to

prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

     (c) Nothing in this section contained shall be construed in any manner to prohibit or limit

the exercise of the privilege of every person and the agent of any person having the right to sell,

rent, lease, or manage a housing accommodation to establish standards and preferences and set

terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

in the furnishing of facilities or services in connection therewith that do not discriminate on the

basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, immigration status, source of lawful income used for rental or mortgage payments, familial

status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is

threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or

sought, or is seeking relief from any court in the form of a restraining order for protection from

domestic abuse, of any prospective purchaser, lessee, tenant, or occupant thereof or on the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, immigration status,

source of lawful income used for rental or mortgage payments, or familial status of any person with

whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated.

Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise

of the privilege of every person and the agent of any person making loans for, or offering financial

assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of housing

accommodations to set standards and preferences, terms, conditions, limitations, or specifications

for the granting of loans or financial assistance that do not discriminate on the basis of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, immigration status,

source of lawful income used for rental or mortgage payments, familial status, or on the basis that

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief

from any court in the form of a restraining order for protection from domestic abuse, of the applicant

for the loan or financial assistance or of any existing or prospective owner, lessee, tenant, or

occupant of the housing accommodation.

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     (d) An owner may not refuse to allow a person with a disability to make, at his or her

expense, reasonable modifications of existing premises occupied or to be occupied by the person if

the modifications may be necessary to afford the person full enjoyment of the premises, except that,

in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a

modification on the renter agreeing to restore the interior of the premises to the condition that

existed before the modification, reasonable wear and tear excepted. Where it is necessary in order

to ensure with reasonable certainty that funds will be available to pay for the restorations at the end

of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring

that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable

amount of money not to exceed the cost of the restorations. The interest in the account shall accrue

to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will

be subject to § 34-18-19(b) -- (f).

     (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,

practices, or services when those accommodations may be necessary to afford an occupant with a

disability equal opportunity to use and enjoy a dwelling.

     (2) Every person with a disability who has a guide dog or other personal assistive animal,

or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal

access to all housing accommodations provided for in this section and shall not be required to pay

extra compensation for the guide dog or other personal assistive animal but shall be liable for any

damage done to the premises by a guide dog or other personal assistive animal. For the purposes

of this subsection, a "personal assistive animal" is an animal specifically trained by a certified

animal training program to assist a person with a disability to perform independent living tasks.

     (f) Any housing accommodation of four (4) units or more constructed for first occupancy

after March 13, 1991, shall be designed and constructed in such a manner that:

     (1) The public use and common use portions of the dwellings are readily accessible to and

usable by persons with disabilities;

     (2) All the doors designed to allow passage into and within all premises within the

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

     (3) All premises within the dwellings contain the following features of adaptive design:

     (i) Accessible route into and through the dwelling;

     (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

     (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

     (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

LC001159 - Page 33 of 44

about the space. To the extent that any state or local building codes, statutes, or ordinances are

inconsistent with this section, they are hereby repealed. The state building code standards

committee is hereby directed to adopt rules and regulations consistent with this section as soon as

possible, but no later than September 30, 1990.

     (g) Compliance with the appropriate requirements of the state building code 14

"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the

requirements of subsection (f).

     (h) As used in subsection (f), the term "housing accommodation of four (4) units or more"

means:

     (1) Buildings consisting of four (4) or more units if those buildings have one or more

elevators; and

     (2) Ground floor units in other buildings consisting of four (4) or more units;

     (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that

requires a greater degree of accessibility to persons with disabilities.

     (j) Nothing in this section requires that a dwelling be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

     (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,

lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the

person selected.

     (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this

section to be an unlawful housing practice; or obstruct or prevent any person from complying with

the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to

commit any act declared by this section to be an unlawful housing practice.

     (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a

loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or

maintenance of any housing accommodation, whether secured or unsecured; no financial

organization governed by the provisions of title 19 or any other credit-granting commercial

institution; or respondent under this chapter; or any agent of these shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

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against a tenant who fails to comply with § 34-18-24(7).

     SECTION 7. Sections 34-18-11 and 34-18-35 of the General Laws in Chapter 34-18

entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows:

     34-18-11. Definitions.

     Subject to additional definitions contained in subsequent sections of this chapter which

apply to specific sections thereof, and unless the context otherwise requires, in this chapter:

     (1) "Abandonment" means the tenant has vacated the premises without notice to the

landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen

(15) days and removal of substantially all possessions from the premises;

     (2) "Action" includes recoupment, counterclaim, set-off, suit in equity, and any other

proceeding in which rights are determined, including an action for possession;

     (3) "Building and housing codes" include any law, ordinance, or governmental regulation

concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or

appearance of any premises of dwelling unit;

     (4) "Dwelling unit" means a structure or part of a structure that is designed or intended to

be used as a home, residence, or sleeping place by one or more persons;

     (5) "Evict" means to terminate a residential tenancy or to attempt to do so. "Evict" includes,

but is not limited to, terminating a tenancy by:

     (i) Refusing to renew an expiring lease;

     (ii) Issuing a notice to vacate the premises;

     (iii) Issuing a notice to vacate the premises;

     (iv) Filing or causing to be filed any lawsuit seeking possession of the premises; or

     (v) Making any statement or taking any act to deter, exclude, or otherwise prevent a tenant

from remaining in occupancy of leased premises.

     (5)(6) "Fair rental value" means rent which is of comparable value with that of other rental

properties of similar size and condition within the contiguous neighborhood;

     (6)(7) "Good faith" means honesty in fact in the conduct of the transaction concerned;

     (8) "Just cause' means any of the following reasons for eviction, and no others:

     (i) The tenant has failed to pay rent, as long as the owner notified the tenant in writing of

the amount of rent that was to be paid and to whom it was to be paid no less than sixty (60) days

before evicting the tenant;

     (ii) the tenant has materially violated either an express or legally required obligation or

covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper

notice, and has failed to cure such violation within sixty (60) days after having received written

LC001159 - Page 35 of 44

notice thereof from the owner;

     (iii) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the

unit; is causing substantial damage to the unit; or is creating a substantial interference with the quiet

enjoyment of other occupants or other tenants of the building;

     (iv) The tenant is using, or permitting the unit to be used, for any illegal purpose;

     (v) The tenant, who had a written bona fide lease or other rental agreement that has

terminated, has refused, after written request or demand by the owner, to execute a written

extension or renewal thereof for a further term of like duration and in such terms that are not

inconsistent with this chapter;

     (vi) the tenant has refused the owner reasonable access to the unit for the purpose of making

necessary repairs or improvements required by the laws of the United States, the state of Rhode

Island or any subdivision thereof;

     (vii) The owner seeks:

     (A) To permanently board up or demolish the premises because the premises have been

cited by a state or local minimum housing code enforcement agency for substantial violations

affecting the health and safety of tenants and it is economically not feasible for the owner to

eliminate the violations;

     (B) To comply with a state or local minimum housing code enforcement agency that has

cited the premises for substantial violations affecting the health and safety of tenants and it is not

feasible to so comply without removing the tenant; or

     (C) To correct an illegal occupancy because the premises have been cited by a state or local

minimum housing code enforcement agency or zoning official and it is not feasible to correct such

illegal occupancy without removing the tenant.

     (7)(9) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building

of which it is a part, and it also means a manager of the premises who fails to disclose as required

by § 34-18-20;

     (8)(10) "Ordinary wear and tear" means deterioration of the premises which is the result of

the tenant's normal nonabusive living and includes, but is not limited to, deterioration caused by

the landlord's failure to prepare for expected conditions or by the landlord's failure to comply with

his or her obligations;

     (9)(11) "Organization" includes a corporation, government, governmental subdivision or

agency, business trust, estate, trust, partnership of association, two (2) or more persons having a

joint or common interest, and any other legal or commercial entity;

     (10)(12) "Owner" shall mean any person who, alone or jointly or severally with others:

LC001159 - Page 36 of 44

     (i) Has legal title or tax title (pursuant to §§ 44-9-40 -- 44-9-46, inclusive, of the general

laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession

thereof; or

     (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or

agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

Any person representing the actual owner in this way shall be bound to comply with the provisions

of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or

she were the owner.

     (11)(13) "Person" includes an individual or organization;

     (12)(14) "Premises" means a dwelling unit and the structure of which it is a part and

facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants

generally, or the use of which is promised to the tenant;

     (13)(15) "Rent" means the payment or consideration that a tenant pays to a landlord for the

use of the premises, whether money, services, property, or produce of the land;

     (14)(16) "Rental agreement" means all agreements, written or oral, and valid rules and

regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and

occupancy of a dwelling unit and premises, and also includes any terms required by law;

     (15)(17) "Roomer" means a tenant occupying a dwelling unit which consists of any room

or group of rooms forming a single habitable unit used or intended to be used for living and

sleeping, but not for cooking or eating purposes;

     (16)(18) "Security deposit" means a sum of money given by a tenant to a landlord at the

outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant's

dwelling unit during said tenancy;

     (17)(19) "Tenant" means a person entitled under a rental agreement to occupy a dwelling

unit to the exclusion of others;

     (18)(20) "Transitional housing facility" means a facility which, for a period not to exceed

two (2) years, provides its residents with appropriate social services for the purpose of fostering

independence, self sufficiency, and eventual transition to a permanent living arrangement;

     (19)(21) "Willful" means that the act was performed intentionally, knowingly and

purposely, not accidentally or inadvertently and without justifiable excuse.

     34-18-35. Eviction for nonpayment of rent.

     (a) If any part of the stipulated rent is due and in arrears for fifteen (15) thirty (30) days,

the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-

56(a), specifying the amount of the rent which is fifteen (15) thirty (30) days in arrears, making

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demand for the rent, and notifying the tenant that unless he or she cures the breach within five (5)

sixty (60) days of the date of mailing of the notice, the rental agreement shall terminate, and the

landlord shall commence an eviction action in the appropriate district court or housing court.

     (b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within

five (5) days of the date of mailing of the notice, the landlord may commence an eviction action

against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written

demand notice. The action shall be commenced by filing a "Complaint for Eviction for Nonpayment

of Rent" in the appropriate court in the form provided in § 34-18-56(d).

     (c) The summons for eviction for nonpayment of rent shall specify the date for hearing and

be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file

and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or

appear at the hearing, he or she shall be defaulted.

     (d) If the defendant files his or her answer and commences discovery prior to the hearing,

and it appears, for good cause shown, that the defendant will not be able to conduct his or her

defense without the benefit of discovery, the court may continue the hearing to allow a reasonable

time for the completion of discovery. In the case of such a continuance, the court may, in its

discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing.

Except as provided in this chapter, the landlord may recover possession and actual damages. In

cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6)

months immediately preceding the filing of the action, and the tenant's nonpayment was willful,

the landlord may also recover a reasonable attorney's fee.

     (e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full

amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to

subsection (a) of this section within the six (6) months immediately preceding the filing of the

action, the tenant shall have the right to cure his or her failure to pay rent after commencement of

suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing.

     SECTION 8. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant

Act" is hereby amended by adding thereto the following section:

     34-18-58. Just cause needed for all evictions.

     (a) No landlord in Rhode Island may evict any tenant without just cause.

     (b) Before terminating, attempting to terminate, or refusing to renew a residential tenancy,

the landlord must provide written notice to the tenant stating the grounds for eviction which amount

to just cause. The landlord must provide this written notice to the tenant no less than sixty (60) days

before terminating, attempting to terminate, or refusing to renew a residential tenancy. In any legal

LC001159 - Page 38 of 44

action or arbitration proceeding, the landlord shall bear the burden of proof to demonstrate that:

     (1) The grounds for termination or non-renewal are true; and

     (2) That those grounds amount to just cause.

     (c) The requirement for just cause shall be waived if the tenant poses an immediate and

serious threat to the physical wellbeing of the landlord or of any other resident. In any legal action

or arbitration proceeding, the landlord shall bear the burden of proof to demonstrate that the evicted

tenant posed an immediate and serious threat to the physical wellbeing of either the landlord

themselves or another resident.

     (d) If any provision of this section is held invalid, the remainder of this section shall not be

affected thereby.

     (e) If the application of any provision of this section to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 9. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by

adding thereto the following chapter:

CHAPTER 50

LARGE BUILDING ENERGY EFFICIENCY ACT

     34-50-1. Short title.

     This act shall be known and may be cited as "Large Building Energy Efficiency Act."

     34-50-2. Findings.

     (a) Climate change poses a severe threat to every Rhode Island resident. Climate change is

drastically accelerated by human activity, particularly activities that emit greenhouse gases.

     (b) Increasing the energy efficiency of large buildings in Rhode Island is essential to

reducing the state's greenhouse gas emissions.

     34-50-3. Definitions.

     As used in this chapter:

     (1) "HERS" means the RESNET Home Energy Rating System.

     (2) "Large building" means a single family residential building that is over seven thousand

(7,000) square feet, except for:

     (i) Buildings owned by the federal government;

     (ii) Buildings owned by the state government of Rhode Island; and

     (iii) Buildings owned by any subdivision of the state government of Rhode Island including

municipalities and counties.

     (3) "RESNET" means the Residential Energy Services Network.

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     (4) "RESNET Home Energy Rater" means an individual who is officially certified by an

organization that appears in the National Registry of Accredited Ratings Providers to inspect and

test residential housing units in order to assess the unit's energy efficiency and provide a Home

Energy Rating according to RESNET standards.

     (5) "Violation" means a violation of the large building Energy Efficiency Act.

     34-50-4. Energy efficiency requirement for large buildings.

     By September 1, 2023, every large building must have received a RESNET HERS score

no greater than sixty-five (65) from a RESNET Home Energy Rater.

     34-50-5. Enforcement.

     (a) Each day after September 1, 2023, in which a large building is not in compliance with

the requirements set forth in § 34-50-4 is a separate and distinct violation committed by the owner

of that large building.

     (b) The director of the housing jobs department shall fine every large building owner not

more than one thousand dollars ($1,000) for each and every violation that they have committed,

not less than ten (10) days after the violation occurred.