2026 -- H 8169 | |
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LC005575 | |
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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 WATERS AND NAVIGATION -- RESIDENTIAL AND COMMERCIAL | |
PROPERTY ACQUISITION PROGRAM ACT | |
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Introduced By: Representatives Cortvriend, Spears, McGaw, Speakman, and Boylan | |
Date Introduced: February 27, 2026 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
2 | hereby amended by adding thereto the following chapter: |
3 | CHAPTER 34 |
4 | RESIDENTIAL AND COMMERCIAL PROPERTY ACQUISITION PROGRAM ACT |
5 | 46-34-1. Short title. |
6 | This chapter shall be known and may be cited as the "Residential and Commercial Property |
7 | Acquisition Program Act." |
8 | 46-34-2. Purpose. |
9 | The purpose of this chapter is to implement a voluntary residential or commercial property |
10 | acquisition program in high-hazard zones, paired with funding for relocation costs to safer areas |
11 | within or proximate to the current community. This chapter seeks to restore the acquired land to its |
12 | natural habitat and use it to enhance community resilience and enhance shoreline or riverine access |
13 | and outdoor recreation. |
14 | 46-34-3. Definitions. |
15 | As used in this chapter: |
16 | (1) “Community vulnerability assessment” means a systematic evaluation that identifies |
17 | and analyzes the exposure, sensitivity, and adaptive capacity of people, built and natural assets, and |
18 | essential services within a defined community to current and projected climate related and natural |
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1 | hazards including, but not limited to, sea level rise, coastal and riverine flooding, storm surge, |
2 | extreme precipitation, erosion, heat, and related secondary impacts. The assessment shall: |
3 | (i) Use the best available, scientifically-backed, and up-to-date climate, hazard, and |
4 | socioeconomic data and methods; |
5 | (ii) Identify populations, facilities, infrastructure, and natural resources whose impairment |
6 | would significantly affect public health, safety, welfare, economic activity, cultural resources, or |
7 | environmental quality; |
8 | (iii) Consider social vulnerability, including the disproportionate impacts on overburdened, |
9 | low income, and historically marginalized communities; and |
10 | (iv) Inform the future development, prioritization, and financing of adaptation and |
11 | mitigation actions, capital investments, land use and zoning changes, and emergency preparedness |
12 | measures to enhance coastal resilience and reduce future risk. |
13 | (2) “Council” means the coastal resource management council. |
14 | (3) “Department” means the department of environmental management. |
15 | 46-34-4. Amount of funding. |
16 | The general assembly shall appropriate the sum of five hundred thousand dollars |
17 | ($500,000) within its 2026-2027 fiscal year budget for technical assistance to municipalities within |
18 | the Resilient Rhody Infrastructure Fund for the purpose of assisting municipalities in planning for |
19 | managed retreat. |
20 | 46-34-5. Eligibility and planning process. |
21 | (a) All municipalities are eligible for a first round of funding for technical assistance to |
22 | undergo the planning process described in subsection (b) of the section. |
23 | (b) No more than eight (8) months after the effective date of this chapter, the Rhode Island |
24 | infrastructure bank, the department and council, shall create a managed retreat planning process for |
25 | municipalities. The planning process shall align with and build on prior municipal resilience |
26 | planning and community vulnerability assessments, where available. The Rhode Island |
27 | infrastructure bank, department and council shall build upon the existing municipal resilience |
28 | program and community resilience building reports, as well as inter-governmental collaboration |
29 | and assistance provided by the department’s regional resilience coordinators, to structure and |
30 | deliver this planning process. The process shall include, but not be limited to: |
31 | (1) Creation by the municipality of a community vulnerability assessment if one does not |
32 | already exist. |
33 | (2) Creation by the municipality through a public process, a prioritized list of parcels and/or |
34 | residential neighborhoods and/or mixed-use areas and a timeframe for voluntary buyouts. Instead |
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1 | of a timeframe, a municipality may condition a voluntary buyout on a storm event of a certain |
2 | magnitude. |
3 | (3) Calculation of cost estimates for the voluntary buyouts of the parcels, relocation |
4 | assistance and incentives to relocate within the boundaries of the municipality or adjacent |
5 | municipalities, debris cleanup, restoring each parcel to its natural habitat, and any maintenance |
6 | thereafter. |
7 | (4) Designate a staff member or regional coordinator under the department to work with |
8 | homeowners and landowners to pre-file paperwork required for federal emergency management |
9 | agency funding, state funding, and municipal funding, if applicable. |
10 | (5) Take ownership of the parcel after a voluntary buyout and may form public-private |
11 | partnerships to utilize the land, in ways benefitting outdoor recreation and uses that are open to the |
12 | public; provided that, a state easement is procured for the parcel; and further, provided that, |
13 | utilization of the land shall align with council special area management plans, if applicable, and |
14 | provide public parking spaces where appropriate. |
15 | (6) Prohibit the construction of permanent structures on the parcel after purchase. |
16 | (c) Municipalities who complete the planning process described in subsection (b) of this |
17 | section, shall become eligible for revolving loan funds, grant funds, and catastrophe bond funds |
18 | established pursuant § 46-12.2-4.4, and the treasurer’s office. |
19 | (d) After the first municipality completes the planning process described in subsection (b) |
20 | of this section, and annually thereafter, the treasurer shall be authorized to issue, rescind, or re- |
21 | issue catastrophe bonds in an amount appropriate to cover the cost-estimates provided by the |
22 | municipalities for voluntary buyouts after a storm event. |
23 | 46-34-6. Prioritization. |
24 | (a) No more than eight (8) months after the effective date of this chapter, the Rhode Island |
25 | infrastructure bank, the department and council, shall create a funding prioritization process after a |
26 | public hearing and stakeholder engagement process: |
27 | (b) One factor in funding prioritization shall be a municipality’s planning and/or |
28 | implementation of ongoing revenue streams dedicated to the Resilient Rhody Infrastructure Fund, |
29 | including, but not limited to, commercial tax increment districts, stormwater districts, sewer |
30 | districts, transfer of development rights funds, and developer impact fees. |
31 | (c) No more than sixteen (16) months after the effective date of this chapter, and dependent |
32 | on funding availability, the Rhode Island infrastructure bank, the department and council, shall |
33 | award funding to eligible municipalities, and thereafter, on an annual basis, according to the |
34 | established prioritization process. |
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1 | (d) In the event of a storm that triggers the catastrophe bond, the treasurer’s office, Rhode |
2 | Island infrastructure bank, the department and council, shall award funding to eligible |
3 | municipalities within one month of receiving the funds from the catastrophe bonds, according to |
4 | the established prioritization process. |
5 | 46-34-7. Other authorizations to secure additional funding. |
6 | The Rhode Island infrastructure bank, the department and council are authorized to apply |
7 | for federal funding sources and use available funds in the Resilient Rhody Infrastructure Fund as |
8 | matching funds for federal funding programs in order to fund voluntary buyouts. |
9 | 46-34-8. Insurance. |
10 | The department of business regulation is authorized to negotiate insurance premium |
11 | discounts for parcels whose owners opt into a voluntary buyout. The department of business |
12 | regulation is also authorized to form an agreement with homeowners and landowners to collect a |
13 | percentage or whole amount of these insurance premium discounts and put this amount into the |
14 | Resilient Rhody Infrastructure Fund. |
15 | 46-34-9. Criteria of awards. |
16 | The department of housing shall revise their criteria when awarding housing development |
17 | funds to prioritize municipalities that undergo the planning process described in § 46-34-5(b) and |
18 | have revised their zoning and development policies to accommodate new housing for residents who |
19 | have opted into a voluntary buyout. |
20 | 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 WATERS AND NAVIGATION -- RESIDENTIAL AND COMMERCIAL | |
PROPERTY ACQUISITION PROGRAM ACT | |
*** | |
1 | This act would establish the Residential and Commercial Property Acquisition Program |
2 | Act to implement residential or commercial property acquisitions, in high-hazard zones, paired with |
3 | funding for relocation costs within or proximate to the current community and restore the acquired |
4 | land to its natural habitat and use it to enhance shoreline or riverine access and outdoor recreation. |
5 | This act would take effect upon passage. |
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