2022 -- H 7943 SUBSTITUTE A

========

LC005359/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

     Introduced By: Representatives Baginski, and Potter

     Date Introduced: March 07, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income

Housing" is hereby amended by adding thereto the following section:

     45-53-10. Repurposing of vacant schools for affordable housing program.

     (a) There is hereby established the repurposing of school buildings for an affordable

housing program (the “program”). The program shall be administered by the secretary of housing

as set forth herein.

     (b) The purpose of the program shall be to provide guidance and assistance in the

repurposing of vacant and unused school buildings as identified and existing as of July 1 of each

year, commencing October 1, 2022.

     (c) The department of elementary and secondary education (the “department”) shall,

commencing on October 1, 2022, on an annual basis, provide to the speaker of the house, the

president of the senate, and the secretary of housing, a list of all school buildings which have been

abandoned or are no longer being used by a school district.

     (d)(1) In the case of a municipality which has less than ten percent (10%) low or moderate

income housing as defined in § 45-53-3 the municipality shall provide the department with a

complete list of buildings abandoned or no longer being used by the school district for the purposes

of conducting a feasibility assessment to repurpose the building as affordable housing. In the case

of a municipality which has greater than ten percent (10%) low and moderate income housing as

defined in § 45-53-3, the municipality may offer to the department a list of buildings abandoned or

no longer being utilized by the school district by an affirmative vote of a majority of both the

governing body of the school board and the municipality, and have voted to be willing to offer the

former school building for a feasibility assessment for use by the program. In the case of buildings

being abandoned or no longer used by a charter school which owns the school building in question,

an affirmative vote of the governing body of the charter school and/or mayoral academy shall be

required. The department shall also include and identify in the list those school buildings which the

department anticipates will become abandoned or no longer used by a school district within the

next six (6) months following the issuance of the list.

     (2) The secretary of housing shall conduct an assessment, in conjunction with a task force

comprised of the Rhode Island housing and mortgage and finance corporation, the department of

environmental management, the department of health, a fire marshal, the local building inspector,

and the local planning office, into its feasibility to be repurposed as affordable housing, and the

anticipated costs of renovating the building for that intended purpose. This assessment shall be

completed within one hundred and fifty (150) days after being notified by the task force of the

availability of a vacant building available pursuant to this section.

     (3) Once a building is determined by the task force to be appropriate for repurposing as

affordable housing, the office of housing and community development shall actively identify and

invite prospective developers to submit an application to the program, with the goal of repurposing

the building into affordable housing.

     (e) The office of housing and community development shall maintain on its website a

separate page related to the repurposing of buildings for the affordable housing program. This

website shall contain a listing of all buildings for which a feasibility assessment was conducted and

the outcome of the assessment, including a general statement of the condition of the property, an

estimate of the types of renovations, if any, which must be performed to the property, a copy of the

feasibility assessment, and an estimate of the costs thereof. Provided, it shall be made clear on the

website that these are estimates to repurpose used buildings, and that neither the state, the

corporation, the division, the commission, or any instrumentality of the state or of a municipality

or school district shall be liable for any estimates which are incorrect.

     (f) The office of housing and community development shall seek to assist and facilitate

persons and developers who want to repurpose former buildings as affordable housing. This

assistance may include, but need not be limited to, technical and financial assistance, all to assist

in the repurposing of the school building.

     (g) The Rhode Island department of education shall promulgate rules and regulations for

the implementation and enforcement of this section.

LC005359/SUB A - Page 2 of 4

     (h) The secretary of housing shall provide an annual report on or before December 31,

commencing with calendar year 2023, including, but not limited to, the number of schools that are

vacant and include a status report of any development and/or feasibility to repurpose a vacant

building.

     (i) As used herein, the term "affordable housing" means housing which meets the definition

for low or moderate income housing in § 45-53-3.

     SECTION 2. This act shall take effect upon passage.

========

LC005359/SUB A

========

LC005359/SUB A - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

***

     This act would provide for the repurposing of vacant and unused school and other

municipal buildings for affordable housing.

     This act would take effect upon passage.

========

LC005359/SUB A

========

LC005359/SUB A - Page 4 of 4