2026 -- H 7295

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LC004161

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

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

     Introduced By: Representative John G. Edwards

     Date Introduced: January 23, 2026

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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

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

     45-53-17. Well testing for private or public wells in the town of Tiverton.

     (a)(1) In the town of Tiverton, prior to the commencement of any proposed construction of

low- or moderate-income housing, the town may require testing to be performed by and at the

expense of the proposed developer or builder to establish whether any existing or newly proposed

private or public wells shall be adversely affected to include, but not be limited to, dewatering or

loss of effective recharge.

     (2) The test results shall be submitted to the town engineer with a copy to the department

of public works.

     (3) Any adverse consequences identified pursuant to the testing completed pursuant to the

provisions of subsection (a)(1) of this section shall be eliminated or mitigated at the sole expense

of the proposed developer or builder to the extent necessary to prevent serious harm or loss of water

service to existing wells. The town engineer and/or other town personnel appointed by the town

council shall approve the proposal submitted by the developer or builder to eliminate or mitigate

the adverse consequence in accordance with the requirements of this subsection. All costs related

to elimination or mitigation of the adverse consequences shall be the responsibility of the developer

or builder.

     (b) The testing shall comply with all regulations issued by the department of environmental

management and the department of health.

     (c) The department of environmental management may promulgate rules and regulations

to implement the requirements of this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

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     This act would permit the town of Tiverton to require additional testing, to be performed

by and at the expense of the developer or builder, to ensure that there is no dewatering or loss of

effective recharge to surrounding wells within close proximity of the new construction and to

eliminate or mitigate any adverse consequences at the sole expense of the developer or builder.

     This act would take effect upon passage.

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LC004161

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