SECTION 1. Sections 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and Moderate Income Housing" is hereby amended to read as follows:

45-53-4. Procedure for approval of construction of low or moderate income housing. -- Any public agency, nonprofit organization, or limited equity housing cooperative proposing to build low or moderate income housing may submit to the zoning board of review, established under section 45-24-56, a single application for a special exception comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. In the case of a private developer, this procedure is only available for low or moderate income rental housing proposals which remain as low or moderate income housing for a period of not less than thirty (30) years from initial occupancy. The zoning board of review shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties entitled to notice of hearings on applications for special exceptions under the zoning ordinance and shall, within thirty (30) days of the receipt of the application, hold a public hearing on the application. The chair of the state housing appeals board shall, by regulation, provide for review by planning boards in cases of applications involving land development projects or subdivisions. The zoning board of review has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size, or shape, or building materials, as are consistent with the terms of this section. In reviewing the special exception comprehensive permit request, the zoning board may deny the request for any of the following reasons: if the proposal is inconsistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and local zoning ordinances and procedures promulgated in conformance with the comprehensive plan; if the proposal is not in conformance with the comprehensive plan; if the community has met or has plans to meet the standard of ten percent (10%) of the units or, in the case of an urban town or city, fifteen percent (15%) of the occupied rental housing units as defined in section 45-53-3(2)(i) being low and moderate income housing; or if concerns for the environment and the health and safety of current residents have not been adequately addressed. The zoning board shall render a decision, based upon a majority vote of the board, within forty (40) days after the termination of the public hearing and, if favorable to the applicant, shall immediately issue a decision approving the application. If the hearing is not convened or a decision is not rendered within the time allowed, unless the time has been extended by mutual agreement between the zoning board and the applicant, the application is deemed to have been allowed and the approval shall issue immediately. Any person aggrieved by the issuance of an approval may appeal to the supreme court.

SECTION 2. This act shall take effect upon passage.