Title 42
State Affairs and Government

Chapter 113
Rhode Island Housing and Conservation Trust Fund Act

§ 42-113-4. Creation of the Rhode Island housing and conservation board.

(a) There is hereby authorized, created, and established a body politic and corporate to be known as the “Rhode Island housing and conservation board” to carry out the provisions of this chapter. The board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the board of the powers conferred by this chapter are deemed and held to be the performance of an essential governmental function of the state.

(b) The board shall consist of fifteen (15) members:

(1) The four (4) non-voting ex-officio members shall include the director of the department of environmental management, or a designee; the secretary of the department of housing, or designee; the executive director of the Rhode Island housing and mortgage finance corporation, or designee; and the director of the office of statewide planning, or designee.

(2) The governor, with the advice and consent of the senate, shall appoint eleven (11) voting members of the general public. The public appointees shall include at least one member representing the interests of the environmental community; one member representing the interests of the conservation and land trust community; one member representing family farm interests; a municipal planner representing a city or town with more than forty thousand (40,000) residents; a municipal planner representing a city or town with less than forty thousand (40,000) residents; one member representing the interests of nonprofit community development corporations; one member representing the interests of the housing land trust community; one member representing the interests of the for-profit developer/builder community; one member representing land use planning/smart growth interests; one member representing a tenant advocacy organization; and one member representing historic preservation. The public appointees should reflect the demographic diversity of the state including, but not limited to, representation from black, brown, and indigenous communities.

(3) Any designee of the four (4) governmental members serving ex-officio as stipulated in subsection (b)(1) of this section or of the three (3) members who is a chair or president of a nongovernmental organization as stipulated in subsection (b)(2) of this section shall be a subordinate of the designator within their respective department, office, or nongovernmental organization. These designees shall represent them at all meetings of the board.

(4) No one shall be eligible for public appointment unless the person is a resident of this state.

(5) Newly appointed and qualified public members and designees of ex-officio members shall, within six (6) months of their qualification or designation, attend a training course that is developed by non-voting ex officio members with board approval and conducted by the chair or the chair’s designee and shall include instruction in the subject area of this chapter and chapter 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and the board’s rules and regulations.

(c) Appointments to the board shall be made by December 31, 2026. Public members of the board appointed by the governor will be appointed for three-year (3) terms and cannot serve more than two (2) consecutive terms.

(d) Annually, the governor shall select from among its public members a chairperson. The board shall elect from among its members a vice-chairperson and any other officers it deems necessary. Meetings shall be held at the call of the chairperson or at the request of three (3) members. A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.

(e) A majority vote of those present shall be required for action. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.

(f) Any vacancy which may occur in the board shall be filled accordingly in the same manner as prescribed above.

(g)(1) The governor may appoint and employ an executive director, and it shall be the executive director’s duty to:

(i) Supervise and administer allocations made through the trust fund in accordance with this chapter and with the rules and regulations of the board;

(ii) Act as the chief administrative officer having general charge of the office and records and to employ temporarily, subject to the approval of the board, necessary personnel to serve at the executive director’s pleasure and who shall be in the unclassified service and whose salaries shall be set by the board;

(iii) Act as executive secretary of the board; and

(iv) Perform other duties as determined by the board, which are in accordance with this chapter and with the rules and regulations of the board.

(2) The governor may remove any member for cause or misconduct in office after giving the member a copy of the charges/allegations against them and an opportunity to be heard, in person, or with or by counsel, in their defense, upon not less than ten (10) days’ notice. If any member shall be removed, the governor shall file in the office of the secretary of state a complete statement of charges made against the member and the governor’s findings, together with a complete record of the proceedings.

(3) Whenever public hearings are required under this chapter, or whenever the board determines a public hearing is appropriate, the board shall use reasonable efforts to hold those hearings at a place or places that will reasonably accommodate the interested parties.

(h) The board shall use the office of the attorney general for legal services.

(i) Within ninety (90) days after the end of each fiscal year, the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative, or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings, and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the board; a summary of any training courses held pursuant to subsection (b)(5) of this section; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s websites as prescribed in § 42-20-8.2.