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art.009/2/011/3/011/2

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     ARTICLE 9 AS AMENDED

RELATING TO HOUSING

     SECTION 1. Sections 23-24.6-6, 23-24.6-15 and 23-24.6-20 of the General Laws in

Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" are hereby amended to read as follows:

     23-24.6-6. Interagency coordinating council on environmental lead.

     (a) There is established an interagency coordinating council on environmental lead within

the department of health consisting of six (6) five (5) members.

     (b) The purpose of the council shall be as follows:

     (1) To coordinate the activities of its member agencies with respect to: (i) environmental

lead policy; (ii) the development of educational materials; (iii) drafting regulations which have as

their purpose reducing or preventing lead poisoning; and (iv) enforcement of laws, regulations, and

ordinances pertaining to lead poisoning and lead poisoning prevention.

     (2) To recommend the adoption of policies with regard to the detection and elimination of

the hazards to the public posed by exposure to lead in the environment;

     (3) To recommend the adoption of policies with regard to the screening and treatment of

individuals suffering from elevated exposures to environmental lead; and

     (4) To report on or before March 1 of each year to the governor, speaker of the house and

the president of the senate on both the progress of the comprehensive environmental lead program

and recommendations for any needed changes in legislation, which report shall at a minimum: (i)

provide by city and town, the incidence and levels of lead poisoning; (ii) describe educational

programs; (iii) summarize regulations adopted pursuant to the provisions of this chapter and chapter

128.1 of title 42, and state the number of enforcement actions pursuant to this chapter initiated, the

number completed or closed due to successful remediation of lead hazards, the number completed

or closed for other reasons (which reasons shall be explained), and the number that remain open

(including information on how long such actions have been open and the reasons they have not

been completed).

     (c) The members of the council shall be as follows:

     (1) There shall be five (5) four (4) ex officio members: the director, the director of

environmental management, the director of human services, and the attorney general, and the

executive director of the housing resources commission or their designees.

     (2) There shall be one local government official, who shall have knowledge of lead hazard

reduction programs at the local level, appointed by the president of the Rhode Island League of

Cities and Towns.

     (3) [Deleted by P.L. 2002, ch. 187, § 2 and by P.L. 2002, ch. 188, § 2.]

     (d) The members shall elect from among their members a chairperson, a vice chairperson,

and secretary.

     (e) The council shall meet at the call of the chairperson, but not less than quarterly. The

director shall provide any meeting and hearing rooms and secretarial staff that the council may

require.

     23-24.6-15. Inspections of rental property.

     (a) The director shall, in conjunction with the housing resources commission, promulgate

regulations permitting state inspectors to conduct such lead inspections as may be appropriate in

response to any complaint to the department or the housing resources commission, by an occupant

or the parent or guardian of any child under the age of six (6) years who is an occupant renting or

leasing a dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child

under the age of six (6) years in that dwelling, dwelling unit, or premises. These regulations will

allow for response to the complaints to be prioritized based upon the age of the structure and the

nature and degree of hazard present.

     (b) Whenever a comprehensive environmental lead inspection has been performed either

pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager

involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of

the inspection to occupants pursuant to regulations promulgated by the department, as follows:

     (1) Those persons occupying the dwelling, dwelling unit, or premises at the time the

inspection is performed shall be notified of the results within five (5) business days after the owner

receives the results;

     (2) All persons who are prospective occupants shall be notified of the inspection results if

a significant lead hazard exists, before any lease is signed or before occupancy begins in cases

where no lease is signed;

     (3) This notice provision terminates with the performance of the necessary lead reduction

actions required to reach at least the "lead safe" level. The department shall provide the owner with

a certification of lead reduction for the dwelling.

     (c) Failure to provide inspection results and/or educational materials pursuant to this

chapter shall subject the lessor or his or her agent to a civil penalty of not less than one hundred

dollars ($100) nor more than five hundred dollars ($500) for each violation.

     23-24.6-20. Licensure of environmental lead inspectors and lead contractors,

supervisors, and workers.

     (a) The department shall provide for the certification of training programs for

environmental lead inspectors and for lead contractors, supervisors, workers, and other persons

engaged in environmental lead-hazard reduction pursuant to the provisions of this chapter. The

department shall establish standards and specifications for training courses including, at a

minimum, the required length of different training programs, mandatory topics of instruction, and

required qualifications for training programs and instructors. Hands on instruction shall be a

component of the required training.

     (b) The department shall establish procedures and issue regulations requiring the licensure

of environmental lead inspectors, lead contractors, supervisors, workers, and other persons engaged

in environmental lead inspection and/or hazard reduction pursuant to the provisions of this chapter.

These regulations:

     (1) Shall prescribe the requirements for licensure and the conditions and restrictions

governing the renewal, revocation, and suspension of licenses. Requirements for licensure and for

renewal of licensure shall include, but not be limited to, the following:

     (i) Compliance with the lead-hazard reduction regulations in § 23-24.6-17; and

     (ii) Required training of environmental lead inspectors and of lead contractors, supervisors,

workers, and other persons engaged in environmental lead-hazard reduction in subjects including,

but not limited to, safe work practices, instruction in health risks, precautionary measures,

protective equipment, and other practices, including practices to prevent contamination of the

residential premises, ambient discharges and ground contamination, respiratory protection, new

lead-hazard reduction techniques and technologies, applicable federal and state regulation, and

hands-on instruction for equipment and techniques to be used; a minimum of twenty (20) hours of

training shall be required as a condition of licensure for workers; additional hours of training shall

be required for supervisors and contractors; a refresher training course shall also be required;

     (2) May provide for Rhode Island to reciprocally license persons certified and/or licensed

by other states with comparable requirements.

     (c) No person shall enter into, engage in, or conduct comprehensive environmental lead

inspections or environmental lead-hazard reduction activities covered by department regulations

without having successfully completed a certified training program and without having been

licensed by the department. Each trained and licensed person shall be issued a photo identity card.

     (d) The department shall, in conjunction with the housing resources commission, develop

and periodically update lists of all licensed inspectors, contractors, supervisors, workers', and other

persons who perform environmental lead-hazard reduction in Rhode Island and make those lists

available to interested parties and the public.

     (e)(1) The department shall enforce the provisions of this section as appropriate and shall

have all necessary powers for enforcement.

     (2) The department may revoke, suspend, cancel, or deny any license, at any time, in

accordance with chapter 35 of title 42 if it believes that the terms or conditions of these are being

violated, or that the holder of, or applicant for, license has violated any regulation of the department

or any other state law or regulation. Any person aggrieved by a determination by the department to

issue, deny, revoke, or suspend any license may request an adjudicatory hearing.

     (3) When any person violates the terms or conditions of any license issued under this

section or any state law or regulation, the director shall have the power by written notice to order

the violator to cease and desist immediately. The department may file a written complaint with the

district court in the jurisdiction in which the violation occurred. Punishment by an administrative

fine pursuant to § 23-24.6-27 may be in addition to the suspension of any license.

     (4) Any state inspector may issue an immediate cease-work order to any person who

violates the terms or conditions of any license issued under this section, or any provision of this

chapter, or any regulation or order issued under this chapter, if the violation will endanger or

materially impair the health or well-being of any occupant, any environmental lead inspector, or

any contractor, supervisor, worker, or other person engaged in environmental lead-hazard

reduction.

     (f) Nothing in this section shall be construed to limit the authority of the department of

health, the department of labor and training, or the department of environmental management under

the provisions of any other law.

     SECTION 2. Chapter 40-17 of the General Laws entitled "Support of Homeless" is hereby

repealed in its entirety.

CHAPTER 40-17

Support of Homeless

     40-17-1. Legislative findings.

     The general assembly hereby finds that there exists in this state undetermined numbers of

homeless persons, many of whom suffer from chronic mental illness and disability, and that this

condition exists among families and among individuals of all age groups without regard to ethnic

or racial heritage or sex. The existence of this condition is declared to be detrimental to the health,

safety, and welfare of the homeless individuals themselves and to the state.

     40-17-2. Agency established.

     (a) There is hereby created a permanent council to be called the "interagency council on

homelessness" consisting of eighteen (18) members and two (2) ex-officio members:

     (1) One of whom shall be the chief of the office of housing and community development,

or his or her designee, who shall chair the interagency council on homelessness;

     (2) One of whom shall be the director of the department of administration, or his or her

designee;

     (3) One of whom shall be the chair of the housing resources commission, or his or her

designee;

     (4) One of whom shall be the director of the department of human services, or his or her

designee;

     (5) One of whom shall be the director of the department of health, or his or her designee;

     (6) One of whom shall be the director of the department of children, youth and families, or

his or her designee;

     (7) One of whom shall be the director of the office of healthy aging, or his or her designee;

     (8) One of whom shall be the director of behavioral healthcare, developmental disabilities

and hospitals, or his or her designee;

     (9) One of whom shall be director of the department of labor and training, or his or her

designee;

     (10) One of whom shall be the director of the department of corrections, or his or her

designee;

     (11) One of whom shall be the commissioner of the department of elementary and

secondary education, or his or her designee;

     (12) One of whom shall be the director of the Rhode Island housing and mortgage finance

corporation, or his or her designee;

     (13) One of whom shall be the director of the emergency management agency, or his or

her designee;

     (14) One of whom shall be a representative from the Rhode Island office of veterans

services, or his or her designee;

     (15) One of whom shall be the public defender, or his or her designee;

     (16) One of whom shall be the Medicaid director within the department of human services,

or his or her designee;

     (17) One of whom shall be the secretary of the executive office of health and human

services, or his or her designee;

     (18) One of whom shall be the lieutenant governor, or his or her designee;

     (19) One of whom shall be an ex-officio member who shall be from the Providence

Veterans Administration Medical Center who specializes in health care for homeless veterans; and

     (20) One of whom shall be an ex-officio member who shall be the chair, or his or her

designee, of the interagency council on homelessness advisory council as described in this chapter

herein.

     (b) Forthwith upon the effective date of this chapter, the members of the commission shall

meet at the call of the chair and organize. Vacancies in the commission shall be filled in like manner

as the original appointment.

     (c) The department of administration is hereby directed to provide suitable quarters and

staff for the commission.

     (d) All departments and agencies of the state shall furnish advice and information,

documentary, and otherwise to the commission and its agents as is deemed necessary or desirable

by the commission to facilitate the purposes of this chapter.

     40-17-3. Duties and responsibilities of council.

     The duties and responsibilities of the council shall be:

     (1) To participate in the process of developing a strategic plan to end homelessness aligned

with the federal strategic plan to end homelessness that will serve to reduce the number of homeless

individuals and families in Rhode Island;

     (2) To coordinate services for the homeless among state agencies and instrumentalities,

community-based organizations, faith-based organizations, volunteer organizations, advocacy

groups, and businesses;

     (3) To coordinate services not specifically for the homeless, but from which the homeless

may benefit, among state agencies and instrumentalities, community-based organizations, faith-

based organizations, volunteer organizations, advocacy groups, and businesses; and

     (4) To identify and seek to remedy gaps in services, specifically in the area of making

provisions for the availability, use, and permanent funding stream for permanent supportive

housing.

     40-17-4. Meeting and reporting requirements.

     Meeting and reporting requirements are as follows:

     (1) The council shall meet regularly;

     (2) The council, in conjunction with the housing resources commission, shall provide the

strategic plan and specific recommendations to prevent and end homelessness to the governor,

senate president, speaker of the house, the senate committee on housing and municipal government,

and the house corporations committee by February 1, 2012;

     (3) The council shall provide a report on funding available during calendar year 2011 for

services, facilities, programs, or otherwise for people who are homeless. Said report shall be

provided to the senate president, speaker of the house, senate fiscal advisor, and house fiscal advisor

by January 31, 2012;

     (4) The council shall report annually to the governor and the general assembly, no later

than March 2013, and annually thereafter, on the progress made in achieving the goals and

objectives set forth in the strategic plan; on the current number of homeless individuals, families,

and children; and any other pertinent information.

     40-17-5. Advisory council established.

     (a) There is hereby created a permanent advisory council to the interagency council on

homelessness containing representation of advocates; service providers; members of the veteran

community, including housing providers and a current or former homeless veteran; current and/or

former members of the homeless community; as well as representatives specifically affiliated with

youth homelessness. All new members shall be chosen and approved by majority vote of the

members present at an official meeting. At no time shall there be less than three (3) representatives

of the homeless community, current or former. The chair shall be elected by a majority of the

members.

     (b) The purpose of the council is to inform the interagency council on homelessness on the

current status and issues facing the homeless throughout Rhode Island.

     SECTION 3. Sections 42-55-4, 42-55-5.4 and 42-55-24.1 of the General Laws in Chapter

42-55 entitled "Rhode Island Housing and Mortgage Finance Corporation" are hereby amended to

read as follows:

     42-55-4. Creation of corporation — Composition — Personnel — Compensation.

     (a) There is authorized the creation and establishment of a public corporation of the state,

having a distinct legal existence from the state and not constituting a department of the state

government, with the politic and corporate powers as are set forth in this chapter to be known as

the "Rhode Island housing and mortgage finance corporation" to carry out the provisions of this

chapter. The corporation is constituted a public instrumentality exercising public and essential

governmental functions, and the exercise by the corporation of the powers conferred by this chapter

shall be deemed and held to be the performance of an essential governmental function of the state.

It is the intent of the general assembly by the passage of this chapter to authorize the incorporation

of a public corporation and instrumentality and agency of the state for the purpose of carrying on

the activities authorized by this chapter, and to vest the corporation with all of the powers, authority,

rights, privileges, and titles that may be necessary to enable it to accomplish these purposes. This

chapter shall be liberally construed in conformity with the purpose expressed.

     (b) The powers of the corporation shall be vested in seven (7) commissioners consisting of

the secretary of housing, who shall serve as chair of the corporation, or the secretary's designee; the

director of administration, or the director's designee; the general treasurer, or the general treasurer's

designee; the director of business regulation, or the director's designee; and four (4) members to be

appointed by the governor with the advice and consent of the senate who shall among them be

experienced in all aspects of housing design, development, finance, management, and state and

municipal finance. On or before July 1, 1973, the governor shall appoint one member to serve until

the first day of July, 1974, and until his or her successor is appointed and qualified, one member to

serve until the first day of July, 1975, and until his or her successor is appointed and qualified, one

member to serve until the first day of July, 1976, and until his or her successor is appointed and

qualified, one member to serve until the first day of July, 1977, and until his or her successor is

appointed and qualified. During the month of June, 1974, and during the month of June annually

thereafter, the governor shall appoint a member to succeed the member whose term will then next

expire to serve for a term of four (4) years commencing on the first day of July then next following

and until his or her successor is appointed and qualified. A vacancy in the office of a commissioner,

other than by expiration, shall be filled in like manner as an original appointment, but only for the

unexpired portion of the term. If a vacancy occurs when the senate is not in session, the governor

shall appoint a person to fill the vacancy, but only until the senate shall next convene and give its

advice and consent to a new appointment. A member shall be eligible to succeed him or herself.

The governor shall designate a member of the corporation to serve as chairperson. Any member of

the corporation may be removed by the governor for misfeasance, malfeasance, or willful neglect

of duty.

     (c) The commissioners shall elect from among their number a vice-chairperson annually

and those other officers as they may determine. Meetings shall be held at the call of the chairperson

or whenever two (2) commissioners so request. Four (4) commissioners of the corporation shall

constitute a quorum and any action taken by the corporation under the provisions of this chapter

may be authorized by resolution approved by a majority but not less than three (3) of the

commissioners present at any regular or special meeting. No vacancy in the membership of the

corporation shall impair the right of a quorum to exercise all of the rights and perform all of the

duties of the corporation.

     (d) Commissioners shall receive no compensation for the performance of their duties, but

each commissioner shall be reimbursed for the commissioner's reasonable expenses incurred in

carrying out the commissioner's duties under this chapter.

     (e) Notwithstanding the provisions of any other law, no officer or employee of the state

shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his

or her acceptance of membership of the corporation or his or her service to the corporation.

     (f) The commissioners shall employ an executive director who shall also be the secretary

and who shall administer, manage, and direct the affairs and business of the corporation, subject to

the policies, control, and direction of the commissioners. The commissioners may employ technical

experts and other officers, agents, and employees, permanent and temporary, and fix their

qualifications, duties, and compensation. These employed persons shall not be subject to the

provisions of the classified service. The commissioners may delegate to one or more of their agents

or employees those administrative duties they may deem proper.

     (g) The secretary shall keep a record of the proceedings of the corporation and shall be

custodian of all books, documents, and papers filed with the corporation and of its minute book and

seal. The secretary, or the secretary's designee, or the designee of the board of commissioners, shall

have authority to cause to be made copies of all minutes and other records and documents of the

corporation and to give certificates under the seal of the corporation to the effect that the copies are

true copies and all persons dealing with the corporation may rely upon the certificates.

     (h) Before entering into his or her duties, each commissioner of the corporation shall

execute a surety bond in the penal sum of fifty thousand dollars ($50,000) and the executive director

shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000) or, in lieu

of this, the chairperson of the corporation shall execute a blanket bond covering each commissioner,

the executive director and the employees or other officers of the corporation, each surety bond to

be conditioned upon the faithful performance of the duties of the office or offices covered, to be

executed by a surety company authorized to transact business in this state as surety and to be

approved by the attorney general and filed in the office of the secretary of state. The cost of each

bond shall be paid by the corporation.

     (i) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of

interest for a director, officer, or employee of any financial institution, investment banking firm,

brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any

other firm, person, or corporation to serve as a member of the corporation. If any commissioner,

officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a

director, officer, or employee of or have an ownership interest in any firm or corporation interested

directly or indirectly in any contract with the corporation, including any loan to any housing

sponsor or healthcare sponsor, that interest shall be disclosed to the corporation and shall be set

forth in the minutes of the corporation and the commissioner, officer, or employee having an

interest therein shall not participate on behalf of the corporation in the authorization of this contract.

     42-55-5.4. Renewable energy in housing developments.

     On or before July 1, 2009, the corporation shall establish, in appropriate housing

development programs it administers, criteria for priority consideration of housing development

proposals which include renewable energy features which are demonstrated to be cost-effective

and can be implemented in a reasonable period of time. Effective January 1 2026, the executive

office of housing, in collaboration with the corporation, shall develop criteria.

     42-55-24.1. Allocation of tax credits.

     The corporation shall be the sole and exclusive agent for the allocation of all federal tax

credits for low-income housing under 26 U.S.C. § 42. The corporation shall have all of the powers

necessary to effectuate those allocations, including without limitation, the power to adopt rules,

regulations, and policies regarding those allocations. Notwithstanding the foregoing and any other

provision of law, effective January 1, 2026, the qualified allocation plan required by 26 U.S.C. §

42 shall be developed by the executive office of housing in consultation with the corporation.

     SECTION 4. Section 42-55-22.3 of the General Laws in Chapter 42-55 entitled "Rhode

Island Housing and Mortgage Finance Corporation" is hereby repealed.

     42-55-22.3. Emergency housing assistance.

     The department of human services shall administer the emergency housing assistance

program in accordance with the Rhode Island housing and mortgage finance corporation rules and

regulations and contracts with community action program agencies, as those rules and regulations

may be currently in force and effect. In so far as the board of directors may authorize funds for the

support of this program, the receipt of those funds shall be deposited as general revenues and

appropriated to the department of human services for the support of the program.

     SECTION 5. Chapter 42-64.34 of the General Laws entitled "The Department of Housing"

is hereby repealed in its entirety.

CHAPTER 42-64.34

The Department of Housing

     42-64.34-1. Department established.

     Effective January 1, 2023, there is hereby established within the executive branch of the

state government a department of housing. The head of the department shall be the secretary of

housing, who shall be appointed by the governor with the advice and consent of the senate. The

position of secretary is hereby created in the unclassified service. The secretary shall hold office at

the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take

an oath to faithfully execute the duties of the office. The secretary of housing shall:

     (i) Prior to hiring, have completed and earned a minimum of a master's graduate degree in

the field of urban planning, economics, or a related field of study or possess a juris doctor law

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have

documented five (5) years' full-time experience employed in the administration of housing policy

and/or development;

     (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

developing a housing plan, including, but not limited to, the development of affordable housing

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

     (iii) Coordinate with all agencies directly related to any housing initiatives and participate

in the promulgation of any regulation having an impact on housing including, but not limited to,

the Rhode Island housing and mortgage finance corporation, the coastal resources management

council (CRMC), and state departments including, but not limited to: the department of

environmental management (DEM), the department of business regulation (DBR), the department

of transportation (DOT) and statewide planning, and the Rhode Island housing resources

commission;

     (iv) Coordinate with the housing resources commission to formulate an integrated housing

report to include findings and recommendations to the governor, speaker of the house, senate

president, each chamber's finance committee, and any committee whose purview is reasonably

related to, including, but not limited to, issues of housing, municipal government, and health on or

before April 15, 2025, and annually thereafter. This report shall include, but not be limited to, the

following:

     (A) The total number of housing units in the state with per community counts;

     (B) Every three (3) years, beginning in 2026 and contingent upon funding for data

collection, an assessment of the suitability of existing housing stock in meeting accessibility needs

of residents;

     (C) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);

     (D) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of

the prior three (3) years in figures and as a percentage;

     (E) The number of net new units in development and number of units completed in the

previous calendar year;

     (F) For each municipality the number of single-family, two-family (2), and three-family

(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful

description of current conditions, including a statewide sum of each unit type;

     (G) Every three (3) years, beginning in 2026, a projection of the number of units required

to meet estimated population growth and based upon household formation rates;

     (H) A comparison of regional and other similarly situated state funding sources that support

housing development including a percentage of private, federal, and public support;

     (I) A reporting of unit types by number of bedrooms for rental properties including an

accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (J) A reporting of unit types by ownership including an accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (K) A reporting of the number of applications submitted or filed for each community

according to unit type and an accounting of action taken with respect to each application to include,

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

appeal approval;

     (L) A reporting of permits for each community according to affordability level that were

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

each approval;

     (M) A reporting of affordability that shall include the following:

     (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-

market rate, and above moderate-income; including the average and median costs of those units;

     (II) The percent and number of units of extremely low-, very low-, low-, and moderate-

income housing units by municipality required to satisfy the ten percent (10%) requirement

pursuant to chapter 24 of title 45; including the average and median costs of those units;

     (III) The percent and number of units for the affordability levels above moderate-income

housing, including a comparison to fair-market rent; including the average and median costs of

those units;

     (IV) The percentage of cost burden by municipality with population equivalent;

     (V) The percentage and number of home financing sources, including all private, federal,

state, or other public support;

     (VI) The disparities in mortgage loan financing by race and ethnicity based on Home

Mortgage Disclosure Act data by available geographies;

     (VII) The annual median gross rent growth for each of the previous five (5) years by

municipality; and

     (VIII) The annual growth in median owner-occupied home values for each of the previous

five (5) years by municipality;

     (N) A reporting of municipal healthy housing stock by unit type and number of bedrooms

and providing an assessment of the state's existing housing stock and enumerating any risks to the

public health from that housing stock, including, but not limited to: the presence of lead, mold, safe

drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

risks by age of the stock for each community by unit type and number of bedrooms; and

     (O) A recommendation shall be included with the report required under this section that

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

demographic criteria determined by the secretary, and with regard to any and all of the criteria

enumerated elsewhere in the report separately or in combination, provide recommendations to

resolve any issues that provide an impediment to the development of housing, including specific

data and evidence in support of the recommendation. All data and methodologies used to present

evidence are subject to review and approval of the chief of revenue analysis, and that approval shall

include an attestation of approval by the chief to be included in the report;

     (P) Municipal governments shall provide the department of housing's requested data

relevant to this report on or before February 15, 2025, and annually thereafter;

     (v) Have direct oversight over the office of housing and community development (OHCD);

     (vi) On or before November 1, 2022, and on or before December 31, 2024, develop a

housing organizational plan to be provided to the general assembly that includes a review, analysis,

and assessment of functions related to housing of all state departments, quasi-public agencies,

boards, and commissions. Provided, further, the secretary, with the input from each department,

agency, board, and commission, shall include in the plan comprehensive options, including the

advantages and disadvantages of each option and recommendations relating to the functions and

structure of the department of housing, including suggested statutory revisions;

     (vii) Establish rules and regulations as set forth in § 45-24-77.

     42-64.34-2. Powers and duties.

     (a) The department of housing shall be the state's lead agency for housing, homelessness,

and community development in the state of Rhode Island.

     (b) The secretary of housing shall have the following powers and duties:

     (1) All powers and duties pursuant to this chapter;

     (2) To supervise the work of the department of housing and to act as its chief administrative

officer;

     (3) To coordinate the administration and financing of various departments or offices within

the department of housing;

     (4) To serve as the governor's chief advisor and liaison to federal policymakers on housing,

homelessness, and community development as well as the principal point of contact on any such

related matters;

     (5) To coordinate the housing, homelessness, and community development programs of

the state of Rhode Island and its departments, agencies, commissions, corporations, and

subdivisions;

     (6) To employ such personnel and contracts for such consulting services as may be required

to perform the powers and duties conferred upon the secretary of housing;

     (7) To oversee and direct the administration of funds that may be appropriated from time

to time to the department of housing; and

     (8) Creation of a written guide for consumers relating to the rights and duties of landlords

and tenants pursuant to chapter 18 of title 34, which the secretary shall update at minimum on an

biennial basis. The guide shall be posted on the website of the department of housing and shall be

published in both English and Spanish.

     (c) In addition to such other powers as may otherwise be delegated elsewhere to the

department of housing, the department is hereby expressly authorized, by and through the secretary

of housing:

     (1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest in real or personal property,

wherever situated;

     (2) To accept any gifts or grants or loans of funds or property or financial or other aid in

any form from the federal government or any agency or instrumentality of the federal government,

or from the state or any agency or instrumentality of the state, or from any other source and to

comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants,

or loans;

     (3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts,

agreements, and cooperative agreements with agencies and political subdivisions of the state, not-

for-profit corporations, for-profit corporations, and other partnerships, associations, and persons

for any lawful purpose necessary and desirable to effectuate the purposes of the department of

housing; and

     (4) To carry out this chapter and perform the duties of the general laws and public laws

insofar as those provisions relate to any regulatory areas within the jurisdiction of the department

of housing.

     42-64.34-3. Rules and regulations.

     The secretary of housing may promulgate such rules and regulations in accordance with

the provisions of chapter 35 of this title as are necessary and proper to carry out the duties assigned

to the secretary or to the department of housing by this title or any other provision of law.

     42-64.34-4. Severability.

     If any provision of this chapter or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other provisions or applications of the chapter; which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.

     SECTION 6. Sections 42-128-1, 42-128-2, 42-128-2.1, 42-128-3, 42-128-6, 42-128-7, 42-

128-8.1, 42-128-11, 42-128-13, 42-128-14 and 42-128-17 of the General Laws in Chapter 42-128

entitled "Rhode Island Housing Resources Act of 1998" are hereby amended to read as follows:

     42-128-1. Findings.

     (a) Rhode Island has an older housing stock that contributes invaluably to community

character, and in order to maintain the stability of neighborhoods and to sustain health communities,

it is necessary to have programs for housing and community development and revitalization.

     (b) Rhode Island has an active private sector that is engaged in supplying housing.

     (c) Rhode Island has an active nonprofit housing sector, which can, if provided adequate

support, assist low and moderate income persons and works to improve conditions in

neighborhoods and communities.

     (d) Housing that is not adequately maintained is a source of blight in communities and a

cause of public health problems. Public health and safety are impaired by poor housing conditions;

poisoning from lead paint and respiratory disease (asthma) are significant housing-related health

problems in Rhode Island.

     (e) There is an increasing need for supported living arrangements for the elderly and a

continuing need for supported living arrangements for persons who are disabled and/or homeless.

     (f) Fair housing, and the potential of unequal treatment of individuals based on race,

ethnicity, age, disability, and family, must be given continuing attention.

     (g) Housing costs consume a disproportionate share of income for many Rhode Islanders;

housing affordability is a continuing problem, especially for first-time home buyers and lower and

moderate income renters; the high cost of housing adversely affects the expansion of Rhode Island's

economy. Housing affordability and availability affect conditions of homelessness. The high cost

of housing and the lack of affordable, decent housing for low income households is a source of

hardship for very low income persons and families in Rhode Island.

     (h) The Rhode Island housing and mortgage finance corporation, which has provided more

than two decades of assistance in addressing issues of both the affordability of home ownership

and rental housing and the preservation of the housing stock for low and moderate income persons,

is facing future funding shortfalls and must either increase revenues or reduce programs in order to

remain viable.

     (i)(h) The federal government has been reducing its commitment to housing since 1981,

and there is no indication that earlier levels of federal support for housing will be restored.

     (j)(i) Public housing authorities, which rely on federal support that is being reconsidered,

have been and continue to be an important housing resource for low income families and the

elderly.

     (k) Rhode Island, unlike most other states, does not have an agency or department of state

government with comprehensive responsibility for housing.

     (l)(j) It is necessary and desirable in order to protect that public health and to promote the

public welfare, to establish a housing resources agency and a housing resources commission an

executive office of housing and an advisory council on housing and homelessness for the purposes

of advising the executive office of housing on improving housing conditions, promoting housing

affordability, engaging in community development activities, preventing and ending homelessness,

and assisting the urban, suburban, and rural communities of the state.

     42-128-2. Rhode Island housing resources agency created Rhode Island housing

resources and homelessness restricted receipt account created.

     There is created within the executive department a housing resources agency with the

following purposes, organization, and powers:

     (1) Purposes.

     (i) To provide coherence to the housing programs of the state of Rhode Island and its

departments, agencies, commissions, corporations, and subdivisions.

     (ii) To provide for the integration and coordination of the activities of the Rhode Island

housing and mortgage finance corporation and the Rhode Island housing resources commission.

     (2) Coordinating committee — Created — Purposes and powers.

     (i) The coordinating committee of the housing resources agency shall be comprised of the

chairperson of the Rhode Island housing and mortgage finance corporation; the chairperson of the

Rhode Island housing resources commission; the director of the department of administration, or

the designee of the director; and the executive director of the Rhode Island housing and mortgage

finance corporation. The chairperson of the Rhode Island housing resources commission shall be

chairperson of the coordinating committee.

     (ii) The coordinating committee:

     (A) Shall develop and implement, with the approval of the Rhode Island housing and

mortgage finance corporation and the Rhode Island housing resources commission, a memorandum

of agreement describing the fiscal and operational relationship between the Rhode Island housing

and mortgage finance corporation and the Rhode Island housing resources commission and shall

define which programs of federal assistance will be applied for on behalf of the state by the Rhode

Island housing and mortgage finance corporation and the Rhode Island housing resources

commission.

     (B) Is authorized and empowered to negotiate and to enter into contracts and cooperative

agreements with agencies and political subdivisions of the state, not-for-profit corporations, for-

profit corporations, and other partnerships, associations, and persons for any lawful purpose

necessary and desirable to effect the purposes of this chapter, subject to the provisions of chapter 2

of title 37 as applicable.

     (3) There is hereby established a restricted receipt account within the general fund of the

state known as the Housing Resources and Homelessness restricted receipt account. Funds from

this account shall be administered by the department executive office of housing through the

housing resources commission until such time as subsection (4) of this section takes effect and shall

be used to provide for housing and homelessness initiatives including housing production, lead

hazard abatement, housing rental subsidy, housing retention assistance, and homelessness services

and prevention assistance with priority to veterans. The executive office of housing will consider

input from the advisory council on housing and homelessness on the use of the restricted receipt

funds.

     (4) Effective December 31, 2024, or after fulfillment of the reporting requirements

established under § 42-64.34-1(vi), whichever is later, the restricted receipt account established

under subsection (3) of this section shall be administered by the department of housing in

consultation with the housing resources commission. Funds in this account will be used in

accordance with the uses established in subsection (3) of this section.

     42-128-2.1. Housing Production Fund.

     (a) There is hereby established a restricted receipt account within the general fund of the

state, to be known as the housing production fund. Funds from this account shall be administered

by the Rhode Island housing and mortgage finance corporation, subject to executive office of

housing. The executive office of housing will adopt program and reporting guidelines, and consider

the input of the advisory council on housing and homelessness, adopted by the coordinating

committee of the Rhode Island housing resources commission for housing production initiatives,

including:

     (1) Financial assistance by loan, grant, or otherwise, for the planning, production, or

preservation of affordable housing in Rhode Island for households earning not more than eighty

percent (80%) of area median income; and

     (2) Technical and financial assistance for cities and towns to support increased local

housing production, including by reducing regulatory barriers and through the housing incentives

for municipalities program.

     (b) In administering the housing production fund, the Rhode Island housing and mortgage

finance corporation executive office of housing shall give priority to households either exiting

homelessness or earning not more than thirty percent (30%) of area median income.

     42-128-3. Rhode Island Housing and Mortgage Finance Corporation.

     The Rhode Island housing and mortgage finance corporation established by chapter 55 of

this title shall remain an independent corporation and shall serve as the housing finance and

development division of the Rhode Island housing resources agency entity for the state.

     42-128-6. Commission — Membership and terms — Officers — Expenses —

Meetings Rhode Island advisory council on housing and homelessness -- Membership and

terms -- Officers -- Meetings.

     (a) There hereby is created the advisory council on housing and homelessness which shall

have the powers and duties set forth in this chapter.

     (a)(1)(b) Membership. The commission advisory council on housing and homelessness

shall have twenty-eight (28) up to twenty (20) members as follows: the directors of the departments

of administration, business regulation, healthy aging, health, human services, behavioral

healthcare, developmental disabilities and hospitals, the chairperson of the Rhode Island housing

and mortgage finance corporation, and the attorney general, shall be ex officio members; the

president of the Rhode Island Bankers Association, or the designee of the president; the president

of the Rhode Island Mortgage Banker's Association, or the designee of the president; the president

of the Rhode Island Realtors Association, or the designee of the president; the executive director

of the Rhode Island Housing Network; the executive director of the Rhode Island Coalition for the

Homeless; the president of the Rhode Island Association of Executive Directors for Housing, or

the designee of the president; the executive director of operation stand down; and thirteen (13)

members appointed by the governor who have knowledge of, and have a demonstrated interest in,

housing issues as they affect low- and moderate-income people, appointed by the governor with

the advice and consent of the senate: one of whom shall be the chairperson, one of whom shall be

the representative of the homeless; one of whom shall be a representative of a community

development corporation; one of whom shall be the representative of an agency addressing lead

poisoning issues; one of whom shall be a local planner; one of whom shall be a local building

official; one of whom shall be a representative of fair housing interests; one of whom shall be

representative of an agency advocating the interest of racial minorities; one of whom shall be a

representative of the Rhode Island Builders Association; one of whom shall be a representative of

a Rhode Island city or town with a population below twenty-five thousand (25,000) people

according to data from the United States Census Bureau; one of whom shall be a representative of

a community development intermediary that provides financing and technical assistance to housing

nonprofits; one of whom shall be a nonprofit developer; and one of whom shall be a senior housing

advocate and people experiencing homelessness. The members will collectively represent a broad

and diverse range of perspectives including, but not limited to, people with lived experience of

homelessness, tenants, landlords, nonprofit developers, for-profit developers, homelessness

services providers, public housing authorities, representatives of municipalities, builders, building

officials, fair housing interests, and community development intermediaries.

     (2)(1) The terms of appointed members shall be three (3) years, except for the original

appointments, the term of four (4) of whom shall be one year and the term of four (4) of whom

shall be two (2) years; no. No member may serve more than two (2) successive terms.

     (b)(c) Officers. The governor shall appoint the chairperson of the commission, who shall

not be an ex officio member, with the advice and consent of the senate council. The commission

council shall elect annually a vice-chairperson, who shall be empowered to preside at meetings in

the absence of the chairperson, and a secretary.

     (c)(d) Expenses. The members of the commission shall serve without compensation, but

shall be reimbursed for their reasonable actual expenses necessarily incurred in the performance of

their duties.

     (d)(e) Meetings. Meetings of the commission council shall be held upon the call of the

chairperson, or five (5) members of the commission, or according to a schedule that may be

annually established by the commission; provided, however, that the commission shall meet at least

once quarterly at least quarterly, or more frequently upon the request of the secretary of housing.

A majority of members of the commission council, not including vacancies, shall constitute a

quorum, and no vacancy in the membership of the commission council shall impair the right of a

quorum to exercise all the rights and perform all of the duties of the commission council.

     42-128-7. General powers Powers and duties of the advisory council on housing and

homelessness.

     The commission shall have the following powers, together with all powers incidental to or

necessary for the performance of those set forth in this chapter:

     (1) To sue and be sued.

     (2) To negotiate and to enter into contracts, agreements, and cooperative agreements with

agencies and political subdivisions of the state, not-for-profit corporations, for-profit corporations,

and other partnerships, associations, and persons for any lawful purpose necessary and desirable to

effect the purposes of this chapter.

     (3) To adopt bylaws and rules for the management of its affairs and for the exercise of its

powers and duties, and to establish the committees, workgroups, and advisory bodies that from

time to time may be deemed necessary.

     (4) To receive and accept grants or loans as may be made by the federal government, and

grants, donations, contributions, and payments from other public and private sources.

     (5) To grant or loan funds to agencies and political subdivisions of the state or to private

groups to effect the purposes of this chapter; provided that, in each funding round, there must be a

material award that benefits a Rhode Island city or town with a population below twenty-five

thousand (25,000) people according to data from the United States Census Bureau.

     (6) To secure the cooperation and assistance of the United States and any of its agencies,

and of the agencies and political subdivisions of this state in the work of the commission.

     (7) To establish, charge, and collect fees and payments for its services.

     (a) The advisory council on housing and homelessness shall have the power and duty:

     (1) To consider and make recommendations on all matters submitted to the council by the

executive office of housing, the interagency council on housing production and preservation, or the

interagency council on homelessness.

     (2) To advise and make recommendations to the executive office of housing on the

preparation and promulgation of guidelines, rules and regulations.

     (3) To advise on the development of state housing and homelessness strategic plans and

review updates on progress in achieving the goals of the strategic plans.

     (4) To assemble subcommittees or task forces, at the request of the secretary of the

executive office of housing, to review emerging or priority needs and make relevant

recommendations to the executive office of housing, the interagency council on housing production

and preservation, or the interagency council on homelessness.

     42-128-8.1. Housing production and rehabilitation.

     (a) Short title. This section shall be known and may be cited as the "Comprehensive

Housing Production and Rehabilitation Act of 2004."

     (b) Findings. The general assembly finds and declares that:

     (1) The state must maintain a comprehensive housing strategy applicable to all cities and

towns that addresses the housing needs of different populations including, but not limited to,

workers and their families who earn less than one hundred twenty percent (120%) of median

income, older citizens, students attending institutions of higher education, low- and very-low

income individuals and families, and vulnerable populations including, but not limited to, persons

with disabilities, homeless individuals and families, and individuals released from correctional

institutions.

     (2) Efforts and programs to increase the production of housing must be sensitive to the

distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage

growth and to pace and phase development, especially in high-growth areas.

     (3) The state in partnership with local communities must remove barriers to housing

development and update and maintain zoning and building regulations to facilitate the construction,

rehabilitation of properties and retrofitting of buildings for use as safe affordable housing.

     (4) Creative funding mechanisms are needed at the local and state levels that provide

additional resources for housing development, because there is an inadequate amount of federal

and state subsidies to support the affordable housing needs of Rhode Island's current and projected

population.

     (5) Innovative community planning tools, including, but not limited to, density bonuses

and permitted accessory dwelling units, are needed to offset escalating land costs and project

financing costs that contribute to the overall cost of housing and tend to restrict the development

and preservation of housing affordable to very-low income, low-income, and moderate-income

persons.

     (6) The gap between the annual increase in personal income and the annual increase in the

median sales price of a single-family home is growing, therefore, the construction, rehabilitation

and maintenance of affordable, multi-family housing needs to increase to provide more rental

housing options to individuals and families, especially those who are unable to afford

homeownership of a single-family home.

     (7) The state needs to foster the formation of cooperative partnerships between

communities and institutions of higher education to significantly increase the amount of residential

housing options for students.

     (8) The production of housing for older citizens as well as urban populations must keep

pace with the next twenty-year (20) projected increases in those populations of the state.

     (9) Efforts must be made to balance the needs of Rhode Island residents with the ability of

the residents of surrounding states to enter into Rhode Island's housing market with much higher

annual incomes at their disposal.

     (c) Strategic plan. The commission executive office of housing, in conjunction with the

statewide planning program, shall develop by July 1, 2006 every five (5) years, a five-year (5)

strategic plan for housing, which plan shall be adopted as an element of the state guide plan, and

which shall include quantified goals, measurable intermediate steps toward the accomplishment of

the goals, implementation activities, and standards for the production and/or rehabilitation of year-

round housing to meet the housing needs including, but not limited to, the following:

     (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing

options;

     (2) Workers, housing affordable at their income level;

     (3) Students, dormitory, student housing and other residential options;

     (4) Low-income and very-low income households, rental housing;

     (5) Persons with disabilities, appropriate housing; and

     (6) Vulnerable individuals and families, permanent housing, single-room occupancy units,

transitional housing and shelters.

     (d) As used in this section and for the purposes of the preparation of affordable housing

plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in

chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a

different meaning or unless the context indicates a different meaning or intent.

     (1) "Affordable housing" means residential housing that has a sales price or rental amount

that is within the means of a household that is of moderate income or less. In the case of dwelling

units for sale, housing that is affordable means housing in which principal, interest, taxes, which

may be adjusted by state and local programs for property tax relief, and insurance constitute no

more than thirty percent (30%) of the gross household income for a household with less than one

hundred and twenty percent (120%) of area median income, adjusted for family size. Provided,

however, that exclusively for the residents of New Shoreham, their affordable housing eligibility

standards shall include households whose adjusted gross income is less than one hundred forty

percent (140%) of their residents' median income, adjusted for family size. In the case of dwelling

units for rent, housing that is affordable means housing for which the rent, heat, and utilities other

than telephone constitute no more than thirty percent (30%) of the gross annual household income

for a household with eighty percent (80%) or less of area median income, adjusted for family size.

     (i) Affordable housing shall include all types of year-round housing, including, but not

limited to: manufactured housing; housing originally constructed for workers and their families;

accessory dwelling units; housing accepting utilizing rental vouchers and/or tenant-based

certificates under Section 8 of the United States Housing Act of 1937, as amended; and assisted

living housing, where the sales or rental amount of such housing, adjusted for any federal, state, or

municipal government subsidy, is less than or equal to thirty percent (30%) of the gross household

income of the low and/or moderate income occupants of the housing.

     (ii) Mobile and manufactured homes shall be included as affordable housing if such home

constitutes a primary residence of the occupant or occupants; and such home is located within a

community owned by the residents or the land containing the home is owned by the occupant or

occupants; and such home was constructed after June 15, 1976; and such home complies with the

Manufactured Home Construction and Safety Standards of the United States Department of

Housing and Urban Development.

     (iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income

housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing

stock as low- and moderate-income housing as defined in § 45-53-3(5)(ii), and inasmuch as there

are provable economic impacts related to the municipalities' substantial offshore location,

residential housing units produced for sale in which principal, interest, taxes, which may be

adjusted by state and local programs for property tax relief, and insurance constitute no more than

thirty percent (30%) of the gross household income for a household with less than one hundred

forty percent (140%) of the area median income, adjusted for family size, shall be counted towards

the municipalities' low- and moderate-income housing inventory as defined in § 45-53-3(9).

     (2) "Affordable housing plan" means a plan prepared and adopted by a town or city either

to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f),

which require that comprehensive plans and the elements thereof be revised to conform with

amendments to the state guide plan.

     (3) "Approved affordable housing plan" means an affordable housing plan that has been

reviewed and approved in accordance with § 45-22.2-9.

     (4) "Moderate-income household" means a single person, family, or unrelated persons

living together whose adjusted gross income is more than eighty percent (80%) but less than one

hundred twenty percent (120%) of the area median income, adjusted for family size.

     (5) "Seasonal housing" means housing that is intended to be occupied during limited

portions of the year.

     (6) "Year-round housing" means housing that is intended to be occupied by people as their

usual residence and/or vacant units that are intended by their owner for occupancy at all times of

the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied

by permanent residents as their usual place of residence.

     (e) The strategic plan shall be updated and/or amended as necessary, but not less than once

every five (5) years.

     (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and

cities shall bring their comprehensive plans into conformity with its requirements, in accordance

with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted

an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which

has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the

requirements of the strategic plan for low- and moderate-income housing until such time as the

town must complete its next required comprehensive community plan update.

     (g) Guidelines. The commission executive office of housing shall advise the state planning

council and the state planning council, with the approval of the secretary of housing, shall

promulgate and adopt not later no less than July 1, 2006 every five (5) years, guidelines for higher

density development, including, but not limited to: (1) Inclusionary zoning provisions for low- and

moderate-income housing with appropriate density bonuses and other subsidies that make the

development financially feasible; and (2) Mixed-use development that includes residential

development, which guidelines shall take into account infrastructure availability; soil type and land

capacity; environmental protection; water supply protection; and agricultural, open space, historical

preservation, and community development pattern constraints.

     (h) The statewide planning program shall maintain a geographic information system map

that identifies, to the extent feasible, areas throughout the state suitable for higher density

residential development consistent with the guidelines adopted pursuant to subsection (g).

     42-128-11. Executive director — Employees Administrative support.

     The governor shall appoint from qualified candidates, with the advice of the coordinating

committee, an executive director, who shall not be subject to the provisions of chapter 4 of title 36,

and who shall serve as the state housing commissioner and may also serve in the executive office

of commerce as the deputy secretary of housing. The commission shall also cause to be employed

staff and technical and professional consultants as may be required to carry out the powers and

duties set forth in this chapter. All staff, including the executive director, may be secured through

a memorandum of agreement with the Rhode Island housing and mortgage finance corporation, or

any other agency or political subdivision of the state with the approval of the relevant agency or

political subdivision, as provided for in § 42-128-2(2)(ii). Any person who is in the civil service

and is transferred to the commission may retain civil service status executive office of housing shall

provide administrative support and staffing for the advisory council on housing and homelessness

to carry out its responsibilities.

     42-128-13. Open meetings law.

     The housing resources agency, the coordinating committee, and the housing resources

commission advisory council on housing and homelessness and any committee, council, or

advisory body created by the commission council shall conform to the provisions of chapter 46 of

this title.

     42-128-14. Public records law.

     The housing resources agency, the coordinating committee, and the housing resources

commission advisory council on housing homelessness and any committee, council, or advisory

body created by the commission council shall conform to the provisions of chapter 2 of title 38.

     42-128-17. Severability and liberal construction.

     If any provision of this chapter or the application of any provision to any person or

circumstance is held invalid, the invalidity shall not affect other provisions or applications of the

chapter, which can be given effect without the invalid provision or application, and to this end the

provisions of this chapter are declared to be severable. The provisions of this chapter shall be

construed liberally in order to accomplish the purposes of the chapter, and where any specific power

is given to the commission executive office of housing or the advisory council on housing and

homelessness, the statement shall not be deemed to exclude or impair any power otherwise in this

chapter conferred upon the commission executive office of housing or the advisory council on

housing and homelessness.

     SECTION 7. Sections 42-128-4, 42-128-5, 42-128-8, 42-128-9, 42-128-10, 42-128-12, 42-

128-15 and 42-128-16 of the General Laws in Chapter 42-128 entitled "Rhode Island Housing

Resources Act of 1998" are hereby repealed.

     42-128-4. Rhode Island housing resources commission.

     The Rhode Island housing resources commission shall be an agency within the executive

department with responsibility for developing plans, policies, standards, and programs and

providing technical assistance for housing.

     42-128-5. Purposes.

     The purposes of the commission shall be:

     (1) To develop and promulgate state policies, and plans, for housing and housing

production and performance measures for housing programs established pursuant to state law.

     (2) To coordinate activities among state agencies and political subdivisions pertaining to

housing.

     (3) To promote the stability of and quality of life in communities and neighborhoods.

     (4) To provide opportunities for safe, sanitary, decent, adequate, and affordable housing in

Rhode Island.

     (5) To encourage public-private partnerships that foster the production, rehabilitation,

development, maintenance, and improvement of housing and housing conditions, especially for

low and moderate income people.

     (6) To foster and support nonprofit organizations, including community development

corporations, and their associations and intermediaries, that are engaged in providing housing-

related services.

     (7) To encourage and support partnerships between institutions of higher education and

neighborhoods to develop and retain quality, healthy housing and sustainable communities.

     (8) To facilitate private for-profit production and rehabilitation of housing for diverse

populations and income groups.

     (9) To provide, facilitate, and/or support the provisions of technical assistance.

     42-128-8. Powers and duties.

     In order to provide housing opportunities for all Rhode Islanders, to maintain the quality

of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of

the agencies and subdivisions of the state, the commission shall have the following powers and

duties:

     (1) Policy, planning, and coordination of state housing functions. The commission shall

have the power and duty:

     (i) To prepare and adopt the state's plans for housing; provided, however, that this provision

shall not be interpreted to contravene the prerogative of the state planning council to adopt a state

guide plan for housing.

     (ii) To prepare, adopt, and issue the state's housing policy.

     (iii) To conduct research on and make reports regarding housing issues in the state.

     (iv) To advise the governor and general assembly on housing issues and to coordinate

housing activities among government agencies and agencies created by state law or providing

housing services under government programs.

     (2) Establish, implement, and monitor state performance measures and guidelines for

housing programs. The commission shall have the power and the duty:

     (i) To promulgate performance measures and guidelines for housing programs conducted

under state law.

     (ii) To monitor and evaluate housing responsibilities established by state law, and to

establish a process for annual reporting on the outcomes of the programs and investments of the

state in housing for low- and moderate-income people.

     (iii) To hear and resolve disputes pertaining to housing issues.

     (3) Administer the programs pertaining to housing resources that may be assigned by state

law. The commission shall have the power and duty to administer programs for housing, housing

services, and community development, including, but not limited to, programs pertaining to:

     (i) Abandoned properties and the remediation of blighting conditions.

     (ii) Lead abatement and to manage a lead hazard abatement program in cooperation with

the Rhode Island housing and mortgage finance corporation.

     (iii) Services for the homeless.

     (iv) Rental assistance.

     (v) Community development.

     (vi) Outreach, education and technical assistance services.

     (vii) Assistance, including financial support, to nonprofit organizations and community

development corporations.

     (viii) Tax credits that assist in the provision of housing or foster community development

or that result in support to nonprofit organizations performing functions to accomplish the purposes

of this chapter.

     (ix) The Supportive Services Program, the purpose of which is to help prevent and end

homelessness among those who have experienced long-term homelessness and for whom certain

services in addition to housing are essential. State funding for this program may leverage other

resources for the purpose of providing supportive services. Services provided pursuant to this

subsection may include, but not be limited to: assistance with budgeting and paying rent; access to

employment; encouraging tenant involvement in facility management and policies; medication

monitoring and management; daily living skills related to food, housekeeping, and socialization;

counseling to support self-identified goals; referrals to mainstream health, mental health, and

treatment programs; and conflict resolution.

     In the administration of the programs in this subsection, the commission shall award, in

each funding round, a material award that benefits a Rhode Island city or town with a population

below twenty-five thousand (25,000) people according to data from the United States Census

Bureau.

     42-128-9. Offices within the commission.

     There shall be, as a minimum, the following offices within the commission: the office of

policy and planning, the office of housing program performance and evaluation, the office of

homelessness services and emergency assistance, and the office of community development,

programs and technical assistance. The commission may establish by rule such other offices,

operating entities, and committees as it may deem appropriate.

     42-128-10. Appropriations.

     The general assembly shall annually appropriate any sums it may deem necessary to enable

the commission to carry out its assigned purposes; and the state controller is authorized and directed

to draw his or her orders upon the general treasurer for the payment of any sums appropriated or so

much as may be from time to time required, upon receipt by him or her of proper vouchers approved

by the chairperson or the executive director.

     42-128-12. Coordination with other state agencies.

     State agencies, departments, authorities, corporations, boards, commissions, and political

subdivisions shall cooperate with the commission in the conduct of its activities, and specifically:

the Rhode Island historical preservation and heritage commission shall advise the commission on

issues of historical preservation standards as they pertain to housing and the use of historical

preservation programs to improve housing and to enhance community character; the statewide

planning program, created pursuant to § 42-11-10, shall advise the commission on issues of

planning in general and land use controls and shall revise the state guide plan, as necessary, to

achieve consistency with official state plans and policies for housing adopted by the commission,

and the department of business regulation shall advise the commission on issues of business

regulation affecting housing, shall review its regulations and practices to determine any

amendments, changes, or additions that might be appropriate to advance the purposes of this

chapter, and shall designate an official within the department to serve as liaison to, and the contact

person for, the commission on issues related to housing.

     42-128-15. Administrative procedures act.

     The commission may adopt any rules, including measurable standards, in accordance with

the provisions of chapter 35 of this title that may be necessary to the purposes of this chapter.

     42-128-16. Annual report.

     The commission shall submit for each calendar year by March 1 of the next year a report

to the governor and the general assembly on its activities and its findings and recommendations

regarding housing issues, which report by census tract, shall include the number and dollar amount

of its programs and an assessment of health-related housing issues, including the incidence of lead

poisoning.

     SECTION 8. Sections 42-128.1-4, 42-128.1-5, 42-128.1-6, 42-128.1-7, 42-128.1-8, 42-

128.1-9 and 42-128.1-13 of the General Laws in Chapter 42-128.1 entitled "Lead Hazard

Mitigation" are hereby amended to read as follows:

     42-128.1-4. Definitions.

     The following definitions shall apply in the interpretation and enforcement of this chapter:

     (1) "At-risk occupant" means a person under six (6) years of age, or a pregnant woman,

who has been a legal inhabitant in a dwelling unit for at least thirty (30) days; provided, however,

that a guest of any age shall not be considered an occupant for the purposes of this chapter.

     (2) "Designated person" means either: (i) A property owner, or the agent of the property

owner, who has completed a housing resources commission department of health approved

awareness seminar on lead hazards and their control; or (ii) A person trained and certified as either

a lead hazard mitigation inspector, an environmental lead inspector, or a lead hazard inspection

technician.

     (3) "Dwelling" or "dwelling unit" means an enclosed space used for living and sleeping by

human occupants as a place of residence, including, but not limited to: a house, an apartment, or

condominium, but, for the purpose of this chapter, shall not include hotels or "temporary housing."

     (4) "Elderly housing" means a federal, state, or local program that is specifically designed

and operated to assist elderly persons, sixty-two (62) years of age, or older, as set forth in a

regulatory agreement or zoning ordinance.

     (5) "Environmental lead-poisoning level" means a confirmed, venous blood lead level as

defined pursuant to § 23-24.6-4.

     (6) "Lead abated" means a dwelling and premises that are lead free or lead safe, as those

terms are defined in chapter 24.6 of title 23.

     (7) "Lead free" means that a dwelling, dwelling unit, or premises contains no lead, or

contains lead in amounts less than the maximum-acceptable environmental lead levels established

by regulation by the Rhode Island department of health.

     (8) "Lead hazard mitigation compliance" means an independent clearance inspection and

certificate, as specified in this subsection (8), undertaken to determine whether the lead hazard

mitigation measures have been completed. Said inspection shall be valid for two (2) years, or until

the next turnover of the dwelling unit, whichever period is longer. The requirements for a clearance

review inspection shall be met either by an independent clearance inspection or a visual inspection

as set forth in this subsection (8):

     (i) An "independent clearance inspection" means an inspection performed by a person who

is not the property owner or an employee of the property owner and who is authorized by the

housing resources commission department of health to conduct independent clearance inspections,

which shall include: (A) A visual inspection to determine that the lead hazard controls have been

met, and (B) Dust testing in accordance with rules established by the department of health and

consistent with federal standards. A certificate of conformance shall be issued by the person who

conducted the inspection on the passage of the visual inspection and the required dust testing. An

independent clearance inspection shall be required at unit turnover or once in a twenty-four-month

(24) period, whichever period is the longer. If the tenancy of an occupant is two (2) years or greater,

the certificate of conformance shall be maintained by a visual inspection as set forth in subsection

(8)(ii) of this section.

     (ii) A "visual inspection" means a visual inspection by a property owner or designated

person to determine that the lead hazard controls have been met. If the designated person concluded

that the lead hazard controls specified in this chapter have been met, the designated person may

complete an Affidavit of Completion of Visual Inspection. The affidavit shall be valid upon its

being notarized within thirty (30) days after the completion of the visual inspection and shall set

forth:

     (A) The date and location that the designated person took the lead-hazard-control

awareness seminar;

     (B) The date and findings of the lead hazard evaluation;

     (C) The date and description of the lead hazard control measures undertaken;

     (D) The date of the visual inspection; and

     (E) The name and signature of the designated person and date of the Affidavit of

Completion of Visual Inspection.

     An Affidavit of Completion of Visual Inspection shall be valid for two (2) years after the

date it was notarized, or until unit turnover, whichever time period is the longer, and shall be kept

by the property owner for a minimum of five (5) years.

     (iii) Presumptive compliance. A property owner of ten (10) or more dwelling units shall be

eligible to obtain a certificate of presumptive compliance from the housing resources commission

department of health provided that the following conditions are met: (A) The dwelling units were

constructed after 1960 or after 1950 on federally owned or leased lands; (B) There are no major,

outstanding minimum-housing violations on the premises; (C) The property owner has no history

of repeated lead poisonings; and (D) Independent clearance inspections have been conducted on at

least five percent (5%) of the dwelling units, not less than two (2) dwelling units and at least ninety

percent (90%) of the independent clearance inspections were passed. "Repeated lead poisoning,"

for purposes of this paragraph, shall mean a lead poisoning rate of less than one-half percent (.5%)

per dwelling-unit year, with dwelling-unit years being calculated by multiplying the number of

dwelling units owned by the property owner by the number of years of ownership since 1992. Major

minimum housing violations shall be defined by rule by the housing resources commission

department of health. The housing resources commission department of health shall not arbitrarily

withhold its approval of applications for presumptive compliance. A certificate of presumptive

compliance shall be deemed to be satisfactory for purposes of demonstrating compliance with the

requirements of this chapter. If a unit qualifies for a presumptive compliance certificate, by itself

having passed an independent clearance inspection at least once, that unit's compliance may be

maintained by a visual inspection as set forth in this chapter.

     (9) "Lead hazard mitigation inspector" means either a person approved by the housing

resources commission department of health to perform independent clearance inspections under

this chapter or inspections required by 24 C.F.R., Part 35, Subpart M [24 C.F.R. § 35.1200 et seq.],

or approved by the department of health to conduct inspections pursuant to chapter 24.6 of title 23.

     Lead hazard mitigation inspectors performing independent clearance inspections shall not

have any interest, financial or otherwise, direct or indirect, or engage in any business or

employment with regards to:

     (i) The dwelling unit that is the subject of an independent clearance inspection; or

     (ii) The contractor performing lead hazard control work in the dwelling unit; or

     (iii) The laboratory that is used to analyze environmental lead samples for the independent

clearance inspection unless the lead hazard mitigation inspector discloses the inspector's

relationship with the laboratory to the person requesting the inspection and on the inspection report.

     Employees of public agencies and quasi-public agencies that hold a financial interest in the

property may perform independent clearance inspections.

     (10) "Lead hazard mitigation standards" means standards adopted by the housing resources

commission department of health for a dwelling unit and associated common areas that provide

for:

     (i) A continuing and ongoing responsibility for lead hazard control that includes: (A)

Repair of deteriorated paint; (B) Correction of dust-generating conditions, such as friction or impact

areas; (C) Provision of cleanable surfaces to eliminate harmful dust loading; (D) Correction of soil

lead hazards; (E) Safe work practices;

     (ii) At unit turnover: (A) The provision of information on lead hazards and their avoidance

and control to tenants; (B) Documentation of lead hazard mitigation compliance; (C) An explicit

process for notification by tenants to property owners of instances of deterioration in conditions

effecting lead hazards; and

     (iii) Maintenance of "lead hazard control." "Lead hazard control" means those portions of

the lead hazard mitigation standard pertaining to repair of deteriorating paint; correction of dust-

generating conditions; provision of cleanable surfaces; and correction of soil lead hazards that can

be identified by visual inspection as provided for in subsection (8)(ii) or through inspections

conducted in accordance with chapter 24.2 of title 45, "Minimum Housing Standards," and chapter

24.3 of title 45, "Housing Maintenance and Occupancy Code."

     (11) "Lead poisoned" means a confirmed venous blood lead level established by the

department of health pursuant to § 23-24.6-4(3).

     (12) "Lead safe" means that a dwelling, dwelling unit, or premises has undergone

sufficient, lead-hazard reduction to ensure that no significant, environment lead hazard is present

and includes, but is not limited to, covering and encapsulation and is evidenced by a lead-safe

certificate issued by the department of health.

     (13) "Property owner" means any person who, alone or jointly or severally with others:

     (i) Shall have legal title to any dwelling, dwelling unit, or structure, with or without

accompanying actual possession of it; or

     (ii) Shall have 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 shall be bound to comply with the provisions of this

chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if that

person were the owner.

     (iii) Notwithstanding the foregoing, no holder of a mortgage or other lien holder who, in

enforcing a security interest, acquires title by foreclosure or deed in lieu of foreclosure shall be

considered a property owner for purposes of this chapter, if the holder transfers the title within one

year after the date the title is acquired; provided, however, if the mortgagee or lien holder,

subsequent to acquiring title, is notified of a lead hazard under chapter 24.6 of title 23 or § 42-

128.1-8(a)(5), then and in that event, the mortgagee or lien holder shall take any steps to reduce the

lead hazard that shall be required under the provisions of chapter 24.6 of title 23 or this chapter, as

applicable.

     (14) "Temporary housing" means any seasonal place of residence that is rented for no more

than one hundred (100) days per calendar year to the same tenant, where no lease renewal or

extension can occur, and any emergency shelter intended for night-to-night accommodation.

     (15) "Tenant turnover" means the time at which all existing occupants vacate a unit and all

new occupants move into the unit.

     42-128.1-5. Housing resources commission — Powers and duties with respect to lead

hazard mitigation Department of health -- Powers and duties with respect to lead hazard

mitigation.

     (a) General powers and duties. The housing resources commission department of health

shall implement and put into full force and effect the powers, duties, and responsibilities assigned

to it by this chapter, and shall serve as the lead state agency for lead hazard mitigation, planning,

education, technical assistance, and coordination of state projects and state financial assistance to

property owners for lead hazard mitigation.

     (b) Regulatory guidelines. In developing and promulgating rules and regulations as

provided for in this chapter, the housing resources commission department of health shall consider,

among other things: (1) the effect on efforts to reduce the incidence of lead poisoning, (2) the ease

and cost of implementation, (3) the impact on the ability to conduct real estate transactions fairly

and expeditiously, (4) consistency with federal standards, such that the differences between basic

federal standards and Rhode Island standards for lead hazard mitigation are, to the extent

practicable, minimized, and (5) the direction of effort to locations and housing types, which due to

age, condition, and prior history of lead poisoning are more likely to be the location of lead

poisoning. Said regulations shall include a definition of "turnover" of a dwelling unit and a means

for tenants to voluntarily notify property owners of the legal tenancy of an "at-risk" occupant.

     (c) Comprehensive strategic plan. In order to establish clear goals for increasing the

availability of housing in which lead hazards have been mitigated, to provide performance

measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate

coordination among state agencies and political subdivisions with responsibilities for housing and

housing quality for lead poisoning reduction and for the availability of insurance coverage

described in this chapter, the housing resources commission established by chapter 128 of this title

shall adopt by April 1, 2003, a four-year (4), comprehensive strategic plan for reducing the

incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for

assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated.

Effective July 1, 2025, the department of health will assume responsibility for the comprehensive

strategic plan.

     (1) Plan elements. The plan as a minimum shall include elements pertaining to:

     (i) Educating people with regard to lead hazards and how they can be avoided, mitigated,

and/or abated;

     (ii) Programs to assist low and moderate income owners of property to eliminate lead

hazards and to achieve lead-safe conditions;

     (iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation,

and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum

housing codes and standards;

     (iv) Coordination of efforts with local governments and other agencies to improve housing

conditions;

     (v) Financing lead abatement efforts in Rhode Island, including, but not limited to,

assistance to low and moderate income property owners, education and outreach, and enforcement

by state and local officials;

     (vi) An assessment of the availability of insurance for lead hazard liability, which shall be

designed and implemented in cooperation with the department of business regulation.

     (2) Implementation program. The comprehensive strategic plan shall include an

implementation program, which shall include performance measurers and a program of specific

activities that are proposed to be undertaken to accomplish the purposes of this chapter and to

achieve goals and elements set forth by the plan. The implementation program shall be updated

annually according to a schedule set forth in the plan.

     (3) Reporting. The commission department of health shall report annually to the governor

and the general assembly, no later than March of each year, on the progress made in achieving the

goals and objectives set forth in the plan, which report may be integrated with or issued in

conjunction with the report of the council on environmental lead submitted pursuant to § 23-24.6-

6.

     42-128.1-6. Education.

     (a) In order to achieve the purposes of this chapter, a statewide, multifaceted, ongoing

educational program designed to meet the needs of tenants, property owners, realtors and real estate

agents, insurers and insurance agents, local building officials, and health providers and caregivers

is hereby established.

     (b) The governor, in conjunction with the department of health and the housing resources

commission, shall sponsor a series of public service announcements on radio, television, and print

media about the nature of lead hazards, the importance of lead hazard control and mitigation, and

the purposes and responsibilities set forth in this chapter. In developing and coordinating this public

information initiative the sponsors shall seek the participation and involvement of private industry

organizations, including those involved in real estate, insurance, mortgage banking, and pediatrics.

     (c) Within sixty (60) days after the regulations set forth in § 42-128.1-7 for lead hazard

control and mitigation go into effect, the housing resources commission in conjunction with the

The department of health shall:

     (1) Create culturally and linguistically appropriate material outlining the rights and

responsibilities of parties affected by this chapter;

     (2) Establish guidelines and a trainer's manual for a not more than three (3) hours lead

hazard control awareness seminar for rental property owners or designated persons, which shall be

forwarded to all public and private colleges and universities in Rhode Island, to other professional

training facilities, and to professional associations and community organizations with a training

capacity, with the stipulation this seminar be offered for a maximum fee of fifty dollars ($50.00)

per participant. The housing resources commission department of health shall approve the

proposals to offer the seminar from institutions, provided those proposals are consistent with the

guidelines. An electronic version of this awareness seminar shall be created and approved by the

housing resources commission department of health for computer internet access. Said awareness

seminar shall also be produced and made available in both VHS and DVD format for rental or

purchase at a reasonable cost not to exceed five dollars ($5.00) for the rental version and fifteen

dollars ($15.00) for the purchased version. Said seminar shall be available to tenants, property

owners, and other interested parties.

     (3) Adopt rules for the dissemination of information about the requirements of this chapter

to all prospective owners of pre-1978 dwellings during the real estate transaction, settlement, or

closing;

     (4) Solicit requests, to the extent that these partnerships are not already established, to enter

into ongoing, funded partnerships, to provide specific counseling information services to tenants

and affected parties on their rights and responsibilities with regard to lead hazards and lead

poisoning.

     (d) The department of business regulation shall, with regard to its responsibilities for the

profession of real estate brokers and salespersons, adopt rules, with the concurrence of the housing

resources commission and the department of health which shall be effective not later than June 30,

2004: (1) requiring proof of reasonable familiarity with the knowledge of duties and responsibilities

under the provisions of the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and this chapter,

for the licensure or renewal of licenses of real estate brokers and salespersons in accordance with

§ 5-20.5-6 after July 1, 2004; and (2) providing, pursuant to § 5-20.5-18, an educational program

for real estate brokers and salespersons regarding such duties and responsibilities.

     (e) The housing resources commission, in conjunction with the department of health,

department of health is hereby authorized to develop, offer, engage in, contract for, and/or provide

any other educational or informational programs that they may deem necessary to accomplish the

purposes of this chapter, including, but not limited to: programs to assist families to find housing

that is lead free, lead safe, or lead hazard mitigated or abated; and to train lead hazard mitigation

inspectors and local building officials and persons engaged in renovating and/or improving housing

about controlling or mitigating lead hazards in pre-1978 housing. Said programs shall provide

information about lead hazard mitigation requirements at retail hardware and paint stores and

home-improvement centers, including, as a minimum, signs of sufficient size with large enough

lettering to be easily seen and read, which contains the following language:

     WARNING

     Use of abrasive material (sandpaper, steel wool, drill disks and pads, etc.) in your home to

remove paint may increase the risk of childhood lead poisoning. For more information please

contact the Rhode Island housing resources commission or department of health.

     42-128.1-7. Lead hazard mitigation rules.

     The housing resources commission shall adopt, no later than April 1, 2003, rules:

     (1) For housing constructed prior to 1978, which require property owners to certify at the

time of transfer that the dwelling and/or premises meet the requirements for lead hazard mitigation

or lead hazard abatement, or that the party or parties acquiring the property are notified of the

potential lead hazards, and at the time of rental of units that the requirements for meeting the

appropriate standards have been met;

     (2) For a lead hazard mitigation standard;

     (3) For any training, certification, or licensing necessary to carry out the provisions of this

chapter;

     (4) For a process to receive, investigate, and decide whether the correction of a lead hazard,

pursuant to § 42-128.1-8(a)(3) and (d) was satisfactory. These rules shall establish an expeditious

procedure to determine whether the allegation of unsatisfactory correction has merit. The process

may be integrated with or make use of the technical assistance service provided for in § 42-128.1-

13; and

     (5) For a process to grant a variance to § 42-128.1-8(a)(3), (a)(5), and (b), where there

exists a hardship as to financing lead hazard mitigation, or where materials, personnel, or weather

delays the mitigation completion; and

     (6) Effective July 1, 2025, the department of health will assume responsibility for § 42-

128.1-7. The rules promulgated pursuant to this section shall remain in full force and effect and

shall be enforced by the department of health until such time as the rules are properly transferred

to the department of health's title within the Rhode Island code of regulations.

     42-128.1-8. Duties of property owners of pre-1978 rental dwellings.

     (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or

have not been lead hazard abated shall comply with all the following requirements:

     (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself

or through a designated person;

     (2) Evaluate the dwelling unit and premises for lead hazards consistent with the

requirements for a lead hazard control evaluation;

     (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation

standard;

     (4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the

independent clearance inspection; and (iii) Information about how to give notice of deteriorating

conditions;

     (5) Correct lead hazards within thirty (30) days after notification from the tenant of a

dwelling unit with an at-risk occupant, or as provided for by § 34-18-22.

     (b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk

occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those

requirements were not met by the previous owner at the time of transfer, provided that the new

property owner has the property visually inspected within thirty (30) business days after assuming

ownership to determine conformity with the lead hazard control standard.

     (c) The requirements for lead hazard mitigation shall apply to the first change in ownership

or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-

risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a

property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in

tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise.

     (d) If the tenant receives no response to the notification to the property owner of

deteriorating conditions affecting lead hazards, if the response is in the tenant's opinion

unsatisfactory, or if the remedy performed is in the tenant's opinion unsatisfactory, the tenant may

request a review of the matter by the housing resources commission department of health. After its

review of the matter, the housing resources commission department of health shall either send

notice to the property owner in which notice shall be issued in a manner substantially similar to a

notice of violation issued by the director pursuant to the Housing Maintenance Code, chapter 24.3

of title 45, or promptly inform the tenant of the reasons why the notice is not being issued.

     (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common

areas in condominium complexes that are owned and operated by condominium associations, or to

pre-1978 rental dwelling units that are:

     (1) Lead-safe or lead free;

     (2) Temporary housing; or

     (3) Elderly housing.

     (4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.]

     (f) The department of health shall report to the legislature annually on the number of

children who are lead poisoned in any of the exempted dwelling units as referred to in subsection

(e) of this section.

     (g) Nothing contained herein shall be construed to prevent an owner who is seeking to

obtain lead liability insurance coverage in the policy from complying with the provisions of this

chapter, by securing and maintaining a valid and in force letter of compliance or conformance in

force.

     42-128.1-9. Insurance coverage.

     (a) The department of business regulation shall, by January 1, 2003, establish a uniform

policy with regard to exclusion for lead poisoning and shall adopt any rules and requirements that

may be necessary to assure the availability of insurance coverage for losses and damages caused

by lead poisoning, in accordance with the provisions of this chapter, which policy and rules shall

apply to liability coverage available to property owners. The department of business regulation

shall have the authority and is empowered, consistent with the requirements of chapter 35 of this

title, to promulgate rules and regulations, which shall enable it to compile and analyze data and to

make determinations with regard to the availability of and rates for lead liability coverage.

     (b) Except as otherwise provided by this chapter, no insurance company licensed or

permitted by the department of business regulation to provide liability coverage to rental property

owners shall exclude, after October 31, 2005, coverage for losses or damages caused by lead

poisoning. The department of business regulation shall not permit, authorize, or approve any

exclusion for lead poisoning, except as specifically provided for by this chapter, that was not in

effect as of January 1, 2000, and all previously approved exclusions shall terminate October 31,

2005. As of November 1, 2005, coverage for lead poisoning shall be included in the policy or

offered by endorsement, as set forth in this section.

     (c) All insurers issuing commercial lines insurance policies and personal lines insurance

policies covering pre-1978 rental housing in compliance with: (i) the requirements of this chapter

for lead hazard mitigation; (ii) with the requirements of chapter 24.6 of title 23 for lead safe

housing, within the state of Rhode Island; or (iii) relying on a valid certificate of compliance or

conformance shall, effective November 1, 2005, include in the policy coverage for liability for

injury, damage, or death resulting from occurrences of lead poisoning in an amount equal to and

no less than the underlying policy limits for personal injury/bodily injury coverage provided under

the policy so issued to a residential rental property owner. The property owner shall, if requested

by the insurer, present to the insurance company, either: (1) proof of certificate of compliance of

an independent clearance inspection and of any affidavit of visual inspection required to maintain

the validity of the independent clearance inspection; (2) proof of meeting the mitigation standard

in the form of a clearance exam showing that lead hazards are mitigated; or (3) proof of abatement.

This proof shall be prima facie evidence of compliance with the requirements of this chapter. In

any subsequent renewal, the insurer may require any continuing proof whenever the certificate is

expiring, has expired, or is otherwise invalidated.

     (d) For residential rental properties that have not been brought into compliance with the

requirements for lead hazard mitigation pursuant to this chapter or for lead hazard reduction

pursuant to chapter 24.6 of title 23 or that do not have a valid certificate of compliance or

conformance, effective November 1, 2005, for residential rental property owners who own or

owned a substantial legal or equitable interest in one property and have had no more than one un-

remediated dwelling unit at which a child was poisoned prior to November 1, 2005, and for

residential property owners who own or owned more than one property and have had no more than

two (2) un-remediated dwelling units at which a child was poisoned prior to November 1, 2005, an

insurance company, which provides liability insurance to a residential rental property owner, shall

either offer lead liability coverage for bodily injury, which shall be equal to the underlying limits

of liability coverage for the property, by endorsement, or shall assist the insured in placing lead

liability coverage through the program commonly known as the Rhode Island FAIR Plan either

directly or through one of the insurance company's agents or brokers, and the Rhode Island FAIR

Plan shall make available liability coverage for damages caused by lead poisoning to the class of

property owners described in this subsection. If the insured seeks lead liability coverage with the

FAIR Plan, the FAIR Plan may use reasonable underwriting guidelines, as approved by the

department of business regulation, to underwrite the property. Any property owner who fails to

remediate a property, after a notice of violation subsequent to October 31, 2005, and any property

that is not remediated after notice of a violation subsequent to October 31, 2005, shall not be eligible

to receive an offer of coverage and shall be subject to cancellation and nonrenewal of that coverage

if the property is not found to be in compliance with the lead law within ninety (90) days of the

date of issuance of the notice by the director, or the housing resources commission, as applicable.

     (e) Rates for lead poisoning liability coverage, as specified in subsections (c) and (d) of

this section, shall be approved by the department of business regulation, notwithstanding any limits

on rate approval authority established by the provisions of chapter 65 of title 27 and subject to the

provisions of §§ 27-44-6 and 27-44-7, using the following standards:

     (1) That they are not excessive, inadequate, or unfairly discriminatory;

     (2) That consideration is given to:

     (i) Past and prospective loss experience within the state of Rhode Island;

     (ii) A reasonable margin for profits and contingencies;

     (iii) Past and prospective expenses specifically applicable to the state of Rhode Island:

     (iv) Any other data, including data compiled in other states, especially regarding

experience data for lead liability coverage, that the department may deem necessary; and

     (v) Past history of the owner with regard to lead poisoning or any associated violations.

     (f) The department of business regulation shall have the authority and is empowered,

consistent with the requirements of chapter 35 of this title, to promulgate rules and regulations to

enable it to compile and analyze data and to make determinations with regard to the availability of

and rates for lead liability coverage. In order to effect the purposes of this section insurers shall file,

on or before October 1, 2004, the proposed language of endorsements for lead liability coverage

and the proposed rates for that coverage with the department.

     (g) All endorsements, rates, forms, and rules for lead liability coverage approved by the

department of business regulation to be effective on or after July 1, 2004, are hereby extended to

be effective November 1, 2005. Prior to November 1, 2005, insurers and advisory organizations

shall continue to utilize all endorsements, rates, forms, and rules in effect on June 30, 2004, for lead

liability coverage. The department shall not approve any new endorsements, rates, forms, or rules

for lead liability coverage in pre-1978 residential rental properties unless the filings are submitted

in accordance with the provisions of this act. The department is hereby authorized to promulgate

reasonable rules and regulations to carry out the provisions of this section.

     42-128.1-13. Rhode Island lead hazard technical assistance service.

     (a) Establishment and purposes.

     (1) The Rhode Island housing resources commission department of health shall establish a

"Rhode Island lead hazard technical assistance service" program for the purposes of providing

technical assistance to property owners to achieve compliance with this chapter and the Lead

Poisoning Prevention Act, chapter 24.6 of title 23.

     (2) The services of the program shall subject to appropriation, include, but shall not be

limited to: evaluation of the need for lead hazard mitigation in a dwelling; review of independent

inspection results; identification of and arranging funding for conducting lead hazard abatement

and mitigation, and supplying any materials, assistance, and services that may be needed by

property owners to achieve compliance with this chapter and the Lead Poisoning Prevention Act in