2025 -- S 0893

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LC002608

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

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

HOUSING -- TOWN OF WEST GREENWICH -- TAX STABILIZATION

     Introduced By: Senators Raptakis, E Morgan, and Rogers

     Date Introduced: March 27, 2025

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 53.1

QUALIFYING LOW- AND MODERATE-INCOME HOUSING -- TOWN OF WEST

GREENWICH -- TAX STABILIZATION

     45-53.1-1. Definitions.

     (a) For purposes of this chapter, the words and terms defined in § 45-53-3 shall have the

same meaning when used in this chapter.

     (b) In addition to the definitions provided pursuant to the provisions of subsection (a) of

this section, the following words and terms when used in this chapter shall have the following

meaning:

     (1) "Exit 7 special management district" means large-scale development consistent with

the West Greenwich comprehensive plan in the area located at exit 7 along Interstate 95 in the town

of West Greenwich.

     (2) "Qualified property" means a development project for which the property owner

submits a comprehensive permit application to the town of West Greenwich, in accordance with

the provisions of chapter 53 of title 45 and the code of ordinances; provided that, the proposed

development project:

     (1) Contains at least twelve (12) acres of previously undeveloped land;

     (2) Is located exclusively within the town of West Greenwich’s exit 7 special management

district; and

     (3) Includes one or more structures containing no less than three hundred (300) residential

housing units, at least twenty-five percent (25%) of which constitute deed-restricted low- or

moderate- income housing units. A qualified property may be comprised of one or more contiguous

tax parcels, and may have distinct and/or multiple owners.

     45-53.1-2. Exemption or stabilization of tax on qualified property used for residential

purposes inclusive of low- and moderate-income housing in the town of West Greenwich.

     (a) To address the longstanding challenges faced by the town of West Greenwich and

surrounding municipalities to meet state and local needs for low- and moderate-income housing

pursuant to the provisions of chapter 53 of title 45 ("low and moderate income housing") and the

town of West Greenwich code of ordinances, the town council for the town of West Greenwich

may hold a public hearing, at least ten (10) days' notice of which shall be published in a newspaper

of general circulation in the town of West Greenwich, and upon a determination by the town council

that the granting of the exemption and/or stabilization of taxes for a qualified property shall inure

to the benefit of the town of West Greenwich including, without limitation, by reason of the town

of West Greenwich achieving, exceeding, or furthering its realization of its goal of ten percent

(10%) of its year round housing units constituting low- and moderate-income housing units

pursuant to the provisions of chapter 53 of title 45, the town council may vote to authorize for a

period not exceeding thirty (30) years and notwithstanding the valuation of the property or the rate

of tax:

     (1) To exempt from the payment of taxes, in whole or in part, all or any portion of a

qualified property including, without limitation, housing units deed restricted as low- or moderate-

income housing units that are not so restricted, land, and/or other improvements; and/or

     (2) To determine a stabilized amount of taxes to be paid on account of all or any portion of

a qualified property including, without limitation, housing units deed restricted as low- or

moderate-income housing units that are not so restricted, land, and/or other improvements.

     (b) The town council may hold a public hearing and vote to authorize an exemption and/or

stabilization pursuant to this chapter at any time after a comprehensive permit application for a

qualified property has been submitted to the town in accordance with the provisions of chapter 53

of title 45 and the town code of ordinances, and a request for tax exemption and/or stabilization

pursuant to this chapter has been submitted to the town council. If the town council votes to

authorize an exemption and/or stabilization of qualified property pursuant to this chapter, such

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affirmative vote shall be deemed authorization for the president of the town council to execute and

deliver on behalf of the town a written agreement with the qualified property owner containing the

terms and conditions of such approved exemption and/or stabilization pursuant to this chapter.

     (c) Except as otherwise provided in this chapter, property for which taxes have been

exempted and/or stabilized, in whole or in part, pursuant to this chapter shall not, during the period

for which taxes have been so exempted and/or stabilized, be further liable to taxation by the town

as long as such property shall remain qualified property as defined in § 45-53.1-1(b).

     (d) Any period of tax exemption and/or stabilization granted by the town council shall

commence on the first day of the fiscal year immediately following the fiscal year in which the

town shall have issued a certificate of occupancy for a residential housing unit at the qualified

property.

     (e) If any property owner whose property taxes have been exempted and/or stabilized

pursuant to this chapter remains delinquent in the payment of property taxes for more than sixty

(60) days after the town council delivers written notice of such delinquency to the property owner

and all mortgagees of record, the town council shall have the authority to review and vote to

terminate the tax exemption and/or stabilization at a meeting for which at least ten (10) days' prior

written notice shall be provided to the property owner and all mortgagees of record.

     (f) Any exemption and/or stabilization granted under this chapter shall continue until the

earlier of:

     (1) Thirty (30) years from the commencement date identified in subsection (d) of this

section;

     (2) The expiration of such time period authorized by the town council;

     (3) Termination by the town council due to delinquency in the payment of the property

taxes, as set forth in subsection (e) of this section subject to all applicable notice and cure rights;

and

     (4) The property does not contain one or more structures containing no less than three-

hundred (300) residential housing units, at least twenty-five percent (25%) of which constitute

deed-restricted low- or moderate-income housing units.

     45-53.1-3. Severability.

     If any term or provision of this chapter, or the application thereof to the town of West

Greenwich or to any property, property owner, person, or circumstances, is deemed invalid for any

reason, the remainder of such terms or provisions of this chapter, or the application of such terms

or provisions to the town of West Greenwich, or to any property, property owner, persons, or

circumstances, shall not be affected thereby and, to this end, the provisions of this chapter are

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declared to be severable.

     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 -- QUALIFYING LOW- AND MODERATE-INCOME

HOUSING -- TOWN OF WEST GREENWICH -- TAX STABILIZATION

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     This act would authorize the town council of West Greenwich to provide an exemption

and/or stabilization of tax agreement on qualified property used for residential purposes inclusive

of low- and moderate-income housing in the town of West Greenwich.

     This act would take effect upon passage.

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