Text of RI S 219 (2021)
Housing Construction
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As introduced
120,764 characters
2021 -- S 0219
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LC001178
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING CONSTRUCTION
Introduced By: Senators Acosta, Mack, Calkin, Anderson, Kallman, Bell, and Mendes
Date Introduced: February 10, 2021
Referred To: Senate Environment & Agriculture
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-6-1 of the General Laws in Chapter 42-6 entitled "Departments
1
of State Government" is hereby amended to read as follows:
2
42-6-1. Enumeration of departments.
3
All the administrative powers and duties heretofore vested by law in the several state
4
departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the
5
following departments and other agencies that are specified in this title:
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(a) Executive department (chapter 7 of this title);
7
(b) Department of state (chapter 8 of this title);
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(c) Department of the attorney general (chapter 9 of this title);
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(d) Treasury department (chapter 10 of this title);
10
(e) Department of administration (chapter 11 of this title);
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(f) Department of business regulation (chapter 14 of this title);
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(g) Department of children, youth and families (chapter 72 of this title);
13
(h) Department of corrections (chapter 56 of this title);
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(i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12];
15
(j) Department of elementary and secondary education (chapter 60 of title 16);
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(k) Department of environmental management (chapter 17.1 of this title);
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(l) Department of health (chapter 18 of this title);
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(m) Board of governors for higher education (chapter 59 of title 16);
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LC001178 - Page 2 of 44
(n) Department of labor and training (chapter 16.1 of this title);
1
(o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter
2
12.1 of this title);
3
(p) Department of human services (chapter 12 of this title);
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(q) Department of transportation (chapter 13 of this title);
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(r) Public utilities commission (chapter 14.3 of this title);
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(s) Department of revenue (chapter 142 of this title);
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(t) Department of public safety (chapter 7.3 of this title).
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(u) Housing jobs department (chapter 160 of this title).
9
SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
10
GOVERNMENT" is hereby amended by adding thereto the following chapter:
11
CHAPTER 160
12
THE HOUSING JOBS DEPARTMENT ACT
13
42-160-1. Short title.
14
This act shall be known and may be cited as "The Housing Jobs Department Act."
15
42-160-2. Legislative findings.
16
(a) Rhode Island currently suffers from a mass unemployment crisis, including in the
17
building industry.
18
(b) Rhode Island has a severe shortage of affordable housing units.
19
(c) Climate change poses a severe threat to every Rhode Island resident. Climate change is
20
drastically accelerated by human activity, particularly activities that emit greenhouse gases.
21
(d) Installing distributed generation, such as solar panels, on homes will dramatically
22
reduce Rhode Island's greenhouse gas emissions.
23
(e) In order to address the mass unemployment crisis, the severe shortage of affordable
24
housing units in Rhode Island, and the climate crisis, Rhode Island must build thousands of energy
25
efficient affordable housing units and install photovoltaic solar panels on tens of thousands of
26
affordable homes in Rhode Island.
27
42-160-3. Definitions.
28
As used in this chapter:
29
(1) "Department" means the housing jobs department.
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(2) "Director" means the director of the housing jobs department.
31
(3) "Housing construction program" means the housing construction program established
32
in § 42-160.1-4.
33
(4) "Housing construction program unit" means a unit of housing which was created by the
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Housing construction program, as provided in § 42-160.1-4.
1
(5) "Housing maintenance program" means the housing construction program established
2
in § 42-160.2.
3
(6) "Solar jobs program" means the solar jobs program established in § 42-160.3.
4
42-160-4. Creation of the housing jobs department and the office of director.
5
(a) There is hereby authorized, created and established the housing jobs department.
6
(b) There is hereby authorized, created and established the office of director of the housing
7
jobs department.
8
42-160-5. Purposes of the housing jobs department.
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(a) The purposes of the housing jobs department are to:
10
(1) Implement and enforce the provisions of the Housing Construction Program, as set forth
11
in; § 42-160.1-4.
12
(2) Implement and enforce the provisions of the Housing Maintenance Program, as set forth
13
in chapter 160.2 of title 42;
14
(3) Implement and enforce the provisions of the Solar Jobs Program, as set forth in chapter
15
160.3 of title 42;
16
(4) Safeguard the labor rights of workers who are contributing to the Housing Construction
17
Program or the Solar Jobs Program;
18
(5) Implement and enforce the provisions and rules governing evictions, set forth in § 34-
19
18-58; and
20
(6) Implement and enforce the energy efficiency requirements for large buildings owners,
21
set forth in chapter 50 of title 34.
22
42-160-6. Appointment of director.
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The director of the housing jobs department shall be appointed by the governor, with the
24
advice and consent of the senate.
25
42-160-7. Powers and duties.
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(a) All functions, services, and duties of the housing jobs department shall be organized by
27
the director, including with regard to:
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(1) The construction of housing construction program units;
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(2) The protection of the labor rights of workers building new housing construction
30
program units;
31
(3) The maintenance and upkeep of housing construction program units;
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(4) The retrofitting, renovation, and modification of existing housing construction program
33
units, including with regard to photovoltaic solar panel installations;
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(5) The training of workers to equip them with the skills necessary to construct new housing
1
construction program units and to retrofit, renovate, or modify existing housing construction
2
program units;
3
(6) Building partnerships with youth pre-apprenticeship programs and job placement
4
programs;
5
(7) The enforcement of the provisions governing evictions, set forth in § 34-18-58; and
6
(8) The enforcement of the energy efficiency requirements for large building owners set
7
forth in chapter 50 of title 34.
8
(b) The director may enter contracts, hire employees, hire contractors, promulgate rules
9
and regulations, levy fines, adjudicate administrative cases, or take any other lawful action in order
10
to achieve any purpose of the housing jobs department as enumerated in § 42-160-5.
11
(c) The director shall be the appointing authority for all employees of the department.
12
(d) The director shall make all feasible, lawful, and appropriate efforts to ensure diversity
13
among the employees of the housing jobs department, including with regard to race, color, national
14
origin, religion, sex, sexual orientation, gender identity or expression, marital status, military status
15
as a veteran with an honorable discharge or an honorable or general administrative discharge,
16
service member in the armed forces, country of ancestral origin, disability, age, housing status,
17
familial status, or immigration status.
18
(e) The director shall have the authority to promulgate rules or regulations to enable the
19
department to investigate evictions and enforce the provisions of § 34-18-58. The director shall
20
have the power to enforce the rules governing evictions, set forth in § 34-18-58, to investigate
21
evictions to determine whether they violated the provisions set forth in § 34-18-58. The director
22
shall have the power to levy a fine not greater than twenty-five thousand ($25,000) dollars against
23
a landlord who violates the rules governing evictions, set forth in § 34-18-58. Each individual
24
eviction that violates the provisions set forth in § 34-18-58 shall constitute a separate and distinct
25
violation.
26
(f) The director shall have the authority to levy a fine against a large building owner who
27
is in violation of the energy efficiency requirements set forth in chapter 50 of title 34, according to
28
the provisions of chapter 50 of title 34.
29
(g) The director may assign or delegate any power to subordinate officers and employees
30
at any time and for any reason.
31
42-160-8. Offices of department.
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The department of administration shall furnish the housing jobs department with offices in
33
which to transact its business and keep its records. The offices shall be open for business each day
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of the year, except Sundays and legal holidays, during such hours as may be prescribed by the
1
director.
2
42-160-9. Receipt and use of funds.
3
The housing jobs department shall have the authority to receive and expend monies from
4
any sources, public or private, including, but not limited to, legislative enactments, bond issues,
5
gifts, devises, grants, bequests, or donations. The housing jobs department is authorized to enter
6
into any contracts necessary to obtain and expend those funds.
7
42-160-10. Severability.
8
(a) If any provision of this chapter is held invalid, the remainder of this chapter shall not
9
be affected thereby.
10
(b) If the application of any provision of this chapter to any person or circumstance is held
11
invalid, the application of such provision to other persons or circumstances shall not be affected
12
thereby.
13
SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND
14
GOVERNMENT" is hereby amended by adding thereto the following chapter:
15
CHAPTER 160.1
16
THE HOUSING CONSTRUCTION ACT
17
42-160.1-1. Short title.
18
This act shall be known and may be cited as "The Housing Construction Act."
19
42-160.1-2. Legislative findings.
20
(a) Rhode Island suffers from a mass unemployment crisis, including in the building
21
industry.
22
(b) Housing is a human right. It is the responsibility of the government of Rhode Island to
23
ensure that every state resident has housing.
24
(c) Under chapter 53 of title 45, Rhode Island has set a goal to make at least ten (10) percent
25
of the year-round housing stock in each municipality affordable for low- and moderate-income
26
households. Rhode Island has not achieved this goal.
27
(d) There is currently an enormous shortage of affordable homes in Rhode Island. To
28
address this crisis, Rhode Island must build thousands of new, affordable homes and ensure that
29
they remain affordable.
30
(e) Project labor agreements help protect workers by ensuring fair wages, working
31
conditions, and salaries.
32
(f) Properly designed project labor agreements help the state meet workforce diversity
33
goals.
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(g) Project labor agreements are necessary for building new homes due to the complexity
1
of the work.
2
(h) Project labor agreements provide the state with a guarantee that projects will be
3
completed with highly skilled and safely trained workers.
4
(i) Project labor agreements provide for peaceful, orderly, and mutually binding procedures
5
for resolving labor disputes, preventing significant lost-time on construction projects.
6
(j) Project labor agreements allow public agencies to predict more accurately the actual
7
cost of projects.
8
(k) Climate change poses a severe threat to every Rhode Island resident. Climate change is
9
drastically accelerated by human activity, particularly activities that emit greenhouse gases.
10
(l) In order to address the mass unemployment crisis, the severe shortage of affordable
11
housing units in Rhode Island, and the climate crisis, Rhode Island must build thousands of energy
12
efficient affordable housing units which are equipped with rooftop photovoltaic solar panels.
13
42-160.1-3. Definitions.
14
As used in this chapter:
15
(1) "Census tract" means a geographic region identified as and referred to as a "Census
16
tract" by the U.S. Census Bureau.
17
(2) "Cumulative adjusted gross household income" means the cumulative adjusted gross
18
income of every person in a single household, as reflected on federal income tax returns of the most
19
recent year.
20
(3) "Fiscal quarter" means the fiscal quarter of the state of Rhode Island.
21
(4) "Fiscal year" means the fiscal year of the state of Rhode Island.
22
(5) "Housing construction program" means the cumulative entirety of any and all rules,
23
regulations, contracts, plans, projects, expenditures, and activities completed by the housing jobs
24
department to create one or more housing construction program units.
25
(6) "Housing construction program building" means any building, which is owned by the
26
department that contains one or more housing construction program units.
27
(7) "Housing construction program project" means any individual project or enterprise
28
intended to create one or more housing construction program units.
29
(8) "Housing construction program unit" means:
30
(i) A unit of housing which was created, in whole or in any part, by the housing jobs
31
department;
32
(ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,
33
partnership or other entity or person under contract with the housing jobs department, or a
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subcontractor thereof; or
1
(iii) A unit of housing which was created, in whole or in any part, with money from the
2
housing jobs department.
3
(9) "Housing construction program worker" means any worker who directly contributes to
4
the construction of any housing construction program project. A worker shall be considered a
5
"Housing construction program worker" only for the duration of their work on a housing
6
construction program project. Housing construction program workers include employees of the
7
housing jobs department, contractors, and subcontractors. This term includes, but is not limited to,
8
construction workers, electricians, roofers, plumbers, pipefitters, bricklayers, carpenters, heat and
9
frost insulators, painters, structural engineers, cement masons, sheet metal workers, sprinkler
10
fitters, delivery drivers who transport tools or materials to the construction site, and any individual
11
hired to clean debris from the construction site.
12
(10) "Inspector" means a person qualified to:
13
(i) Inspect a housing construction program building, to accurately assess whether a rooftop
14
photovoltaic solar panel system could be safely installed on that housing construction program
15
building, including by taking into account:
16
(A) Whether the roof can safely support the weight of a photovoltaic solar system;
17
(B) Whether installation workers can safely access the roof and install the solar panels
18
without undue hazard; and
19
(C) Any other safety considerations that ought to be considered when determining whether
20
a photovoltaic solar panel system can be safely installed on a housing unit.
21
(ii) Accurately assess the most appropriate location for a photovoltaic solar panel system
22
on a housing construction program building, taking into account safety considerations and the
23
relative exposure to sunlight of different possible locations on the housing unit.
24
(iii) Accurately assess the highest nameplate generation capacity that could be safely
25
installed on a housing construction program building.
26
(iv) Accurately assess the most appropriate type of solar panel system to install on the roof
27
of a housing construction program building, including with respect to size, shape, manufacturer,
28
nameplate generation capacity, wiring, and any other relevant solar panel features.
29
(11) "LEED Gold" means a Gold rating in the LEED green building certification program.
30
(12) "LEED" means the Leadership in Energy and Environmental Design green building
31
certification program developed by the U.S. Green Building Council.
32
(13) "Modeled energy performance" means the projected or anticipated energy efficiency
33
of a building, expressed as energy use intensity.
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(14) "Multi-family residence" means a building or residential complex that contains
1
multiple, separate housing units.
2
(15) "Open meetings act" means the open meetings act of Rhode Island, chapter 46 of title
3
42.
4
(16) "Project labor agreement" means a pre-negotiated, pre-hire collective bargaining
5
agreement which governs all working conditions and standards related to employment on a specific
6
project.
7
(17) "Residential complex" means a related group of buildings which share common areas,
8
services, or facilities which the tenants of each building are able to use.
9
42-160.1-4. Establishment of the housing construction program.
10
(a) The housing jobs department shall establish the housing construction program.
11
(b) The purpose of the housing construction program is to facilitate the construction of new
12
housing construction program units.
13
42-160.1-5. Project labor agreements required.
14
(a) Housing construction program workers shall be paid not less than the wage rate
15
established for such work pursuant to a project labor agreement with the appropriate labor
16
organization or labor organizations, which shall include a:
17
(1) Mutually agreeable, lawful, and uniform grievance and arbitration procedure for the
18
resolution of work-related disputes involving housing construction program projects;
19
(2) Mutually agreeable, lawful work rules, working conditions, and working schedules for
20
housing construction program projects;
21
(3) Mutually agreeable, lawful terms regarding the benefits provided for workers working
22
on a housing construction program project;
23
(4) Mutually agreeable, lawful terms regarding the use of apprenticeship programs and pre-
24
apprenticeship programs on housing construction program projects;
25
(5) Mutually agreeable, lawful goals or requirements to promote workforce diversity for
26
housing construction program projects, including, but not limited to, with regard to race and gender;
27
(6) Mutually agreeable, lawful goals or requirements to hire local residents who live near
28
the work site for housing construction program projects; and
29
(7) Mutually agreeable, lawful goals or requirements to hire enrollees or former enrollees
30
of the Just Transition Program established by the department of labor and training, pursuant to §
31
42-16.1-21, to work on housing construction program projects.
32
42-160.1-6. Housing jobs department transparency requirements.
33
(a) No later than the thirtieth day of each fiscal quarter, the housing jobs department shall
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publish a comprehensive report of all the housing construction program projects which were
1
completed during the previous fiscal quarter. This report shall include:
2
(1) The location of each of the housing units built during the previous fiscal quarter;
3
(2) The total money spent constructing each individual housing unit that was built during
4
the previous fiscal quarter, including a detailed accounting of the money spent on each type of
5
construction material for that individual housing unit, and the total labor costs spent on each
6
profession of worker who participated in constructing that individual housing unit;
7
(3) The modeled energy performance of each housing unit completed during the previous
8
fiscal quarter;
9
(4) The nameplate generation capacity of any and all photovoltaic solar panels installed on
10
or around the premises of each individual housing unit;
11
(5) A detailed description of the affirmative action measures the department took to
12
lawfully ensure diversity within the collective group of housing construction program workers; and
13
(6) An evaluation of the success of the affirmative action measures they took to ensure
14
diversity among employees.
15
42-160.1-7. Multi-family residence requirements.
16
All housing construction program units must be located within multifamily residence
17
buildings.
18
42-160.1-8. Energy efficiency and rooftop solar requirements.
19
(a) The housing jobs department shall ensure that every housing construction program
20
building is designed to:
21
(1) Comply with the requirements necessary to achieve a LEED Gold rating; and
22
(2) Qualify for sixty (60) percent of the available credits in the Energy and Atmosphere
23
category of the LEED rating system. This subsection shall not be interpreted to require the housing
24
jobs department to receive an official LEED certification.
25
(b) The housing jobs department shall ensure that every housing construction program
26
building is equipped with photovoltaic rooftop solar with the largest feasible generation capacity
27
appropriately sized for that building, as determined by an Inspector.
28
42-160.1-9. Rooftop sunlight exposure.
29
When siting and designing housing construction program buildings, the housing jobs
30
department shall make all feasible, lawful, and appropriate efforts to build housing construction
31
program buildings in such a way as to maximize their roofs' exposure to sunlight.
32
42-160.1-10. Just transition and diversity requirements.
33
(a) When hiring employees, hiring contractors, awarding contracts, designing project labor
34
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agreements, promulgating rules and regulations, and enforcing rules and regulations, the housing
1
jobs department shall:
2
(1) Maximize, to the greatest extent feasible, lawful, and appropriate, in the judgment of
3
the director, the number of housing construction program workers who are enrolled in or who have
4
completed the Just Transition Program administered by the department of labor and training,
5
pursuant to § 42-16.1-21; and
6
(2) Maximize, to the greatest extent feasible, lawful, and appropriate, racial and gender
7
equity within the hiring processes for housing construction program workers.
8
(b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities
9
working on housing construction program projects shall, at all times, make good faith efforts to
10
promote workforce diversity for housing construction program projects, including with regard to
11
race and gender. If the director determines that a contractor, subcontractor, firm, corporation,
12
partnership, or other entity is not making good faith efforts to achieve workforce diversity, the
13
director may prohibit that entity from bidding on contracts or being awarded contracts for housing
14
construction program projects for two (2) years.
15
42-160.1-11. Severability.
16
(a) If any provision of this chapter is held invalid, the remainder of this chapter shall not
17
be affected thereby.
18
(b) If the application of any provision of this chapter to any person or circumstance is held
19
invalid, the application of such provision to other persons or circumstances shall not be affected
20
thereby.
21
SECTION 4. Title 42 of the General Laws entitled "STATE AFFAIRS AND
22
GOVERNMENT" is hereby amended by adding thereto the following chapter:
23
CHAPTER 160.2
24
THE HOUSING CONSTRUCTION PROGRAM UNITS MANAGEMENT ACT
25
42-160.2-1. Short title.
26
This act shall be known as and may be cited as "The Housing Construction Program Units
27
Management Act."
28
42-160.2-2. Legislative findings.
29
(a) Housing is a human right. It is the responsibility of the government of Rhode Island to
30
ensure that every state resident has housing.
31
(b) There is currently an enormous shortage of affordable rental homes in Rhode Island.
32
To address this crisis, Rhode Island must build thousands of new, affordable homes and ensure that
33
they remain affordable.
34
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42-160.2-3. Definitions.
1
As used in this chapter:
2
(1) "Area median income" means the area median income of the HUD metro area in which
3
the housing construction program unit is located, as calculated by the U.S. Department of Housing
4
and Urban Development, using the family size adjustments calculated by the U.S. Department of
5
Housing and Urban Development.
6
(2) "Cumulative adjusted gross household income" means the cumulative adjusted gross
7
income of every person in a single household, as reflected on federal income tax returns of the most
8
recent year.
9
(3) "Department" means the housing jobs department.
10
(4) "Director" means the director of the housing jobs department.
11
(5) "Division" means the housing maintenance division.
12
(6) "Eight person household area median income" means the area median income of an
13
eight (8) person family in the HUD metro area in which a housing construction program unit is
14
located, as calculated by the U.S. Department of Housing and Urban Development.
15
(7) "Fair market monthly rental value" means the monthly rental fee at which a housing
16
construction program unit would be likely to be rented on the open market in Rhode Island, as
17
determined by the director, taking into account contemporary market conditions including, but not
18
limited to, the relative availability and price of alternative housing options, the size of the housing
19
construction program unit, and the geographic location of the Housing Construction Program Unit.
20
(8) "Five person household area median income" means the area median income of a five
21
(5) person family in the HUD metro area in which a housing construction program unit is located,
22
as calculated by the U.S. Department of Housing and Urban Development.
23
(9) "Four person household area median income" means the area median income of a four
24
(4) person family in the HUD metro area in which a housing construction program unit is located,
25
as calculated by the U.S. Department of Housing and Urban Development.
26
(10) "Housing construction program" means the housing construction program described
27
in § 42-160.1-4.
28
(11) "Housing construction program building" means any building, which is owned by the
29
department that contains one or more housing construction program units.
30
(12) "Housing construction program unit" means:
31
(i) A unit of housing which was created, in whole or in any part, by the housing jobs
32
department;
33
(ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,
34
LC001178 - Page 12 of 44
partnership or other entity or person under contract with the housing jobs department, or a
1
subcontractor thereof; or
2
(iii) A unit of housing which was created, in whole or in any part, with money from the
3
housing jobs department.
4
(13) "Housing construction program unit tenant" means a person who rents a housing
5
construction program unit.
6
(14) "Housing maintenance program" means the cumulative entirety of any and all rules,
7
regulations, contracts, plans, projects, expenditures, and activities completed by the housing jobs
8
department to maintain, improve, rent, use, or manage any and all housing construction program
9
units.
10
(15) "One person household area median income" means the area median income of a
11
single person family in the HUD metro area in which a housing construction program unit is
12
located, as calculated by the U.S. Department of Housing and Urban Development.
13
(16) "Property upkeep and improvement fund" means a separate, restricted funds account
14
owned and established by the division, into which the division may deposit money and from which
15
the division may withdraw money.
16
(17) "Seven person household area median income" means the area median income of a
17
seven (7) person family in the HUD metro area in which a housing construction program unit is
18
located, as calculated by the U.S. Department of Housing and Urban Development.
19
(18) "Six person household area median income" means the area median income of a six
20
(6) person family in the HUD metro area in which a housing construction program unit is located,
21
as calculated by the U.S. Department of Housing and Urban Development.
22
(19) "Three person household area median income" means the area median income of a
23
three (3) person family in the HUD metro area in which a housing construction program unit is
24
located, as calculated by the U.S. Department of Housing and Urban Development.
25
(20) "Two person household area median income" means the area median income of a two
26
(2) person family in the HUD metro area in which a housing construction program unit is located,
27
as calculated by the U.S. Department of Housing and Urban Development.
28
42-160.2-4. The housing maintenance division.
29
(a) The department shall establish the housing maintenance division.
30
(b) The housing maintenance division shall establish the housing maintenance program.
31
(c) The purposes of the housing maintenance program shall be to:
32
(1) Lease housing construction program units to housing construction program unit tenants;
33
(2) Collect monthly rental payments from housing construction program unit tenants;
34
LC001178 - Page 13 of 44
(3) Make appropriate repairs, adjustments, and improvements to housing construction
1
program units;
2
(4) Address and seek to resolve complaints and concerns raised by housing construction
3
program unit tenants, pertaining to the conditions, habitability, safety, state of repair, and comfort
4
of housing construction program units.
5
(d) When a housing construction program unit is fully constructed and completed, the
6
department shall transfer full legal ownership of it to the division.
7
(e) When a housing construction program building is fully constructed and completed, the
8
department shall transfer full legal ownership of it to the division.
9
(f) The division shall indefinitely retain legal ownership of every completed housing
10
construction program unit and every completed housing construction program building. The
11
division may not sell or transfer legal or equitable title of any housing construction program unit
12
or any housing construction program building.
13
(g) The division shall establish an application process through which Rhode Island
14
residents may apply to live in a housing construction program unit.
15
(h) The division shall collect rental payments from housing construction program unit
16
tenants, ensure that appropriate repairs, adjustments, and improvements are made to housing
17
construction program units, and address tenant complaints pertaining to the conditions, habitability,
18
and comfort of housing construction program units.
19
(i) The rental payments made by housing construction program unit tenants shall be
20
collected directly by employees of the division, not by other individuals, groups, contractors,
21
subcontractors, or corporations.
22
(j) Repairs, adjustments, and improvements to the housing construction program units may
23
be made by employees of the division or by other individuals, groups, contractors, subcontractors,
24
or corporations under contract with the division.
25
(k) The division shall develop and implement an affirmative action plan to lawfully ensure
26
diversity among the collective group of employees of the division, including with regard to race,
27
color, national origin, religion, sex, sexual orientation, gender identity or expression, marital status,
28
military status as a veteran with an honorable discharge or an honorable or general administrative
29
discharge, service member in the armed forces, country of ancestral origin, disability, age, housing
30
status, familial status, or immigration status.
31
42-160.2-5. Mixed-income bifurcation.
32
(a) All housing construction program units shall be divided into two (2) categories:
33
(1) Set rate units; and
34
LC001178 - Page 14 of 44
(2) Market rate units. Every housing construction program unit must be in one of the two
1
(2) categories at all times. A housing construction program unit may, at different times, be in
2
different categories and may switch back and forth at the discretion of the director, provided that
3
each housing construction program unit may only be in one category at any given time.
4
(b) At all times, no fewer than fifty five (55%) percent, and no more than sixty (60%)
5
percent, of the total housing construction program units in each housing construction program
6
building shall be set rate units.
7
42-160.2-6. Value of housing construction program units.
8
(a) The director shall ensure that the fair market monthly rental value of each housing
9
construction program unit intended for a single occupant is between two and one half (2.5%)
10
percent of one person household area median income and three (3%) percent of one person
11
household area median income, at the time that housing construction program unit is completed.
12
(b) The director shall ensure that the fair market monthly rental value of each housing
13
construction program unit intended for two (2) occupants is between two and one half (2.5%)
14
percent of one person household area median income and three (3%) percent of two (2) person
15
household area median income, at the time that housing construction program unit is completed.
16
(c) The director shall ensure that the fair market monthly rental value of each housing
17
construction program unit intended for three (3) occupants is between two and one half (2.5%)
18
percent of one person household area median income and three (3%) percent of three (3) person
19
household area median income, at the time that housing construction program unit is completed.
20
(d) The director shall ensure that the fair market monthly rental value of each housing
21
construction program unit intended for four (4)occupants is between two and one half (2.5%)
22
percent of one person household area median income and three (3%) percent of four (4) person
23
household area median income, at the time that housing construction program unit is completed.
24
(e) The director shall ensure that the fair market monthly rental value of each housing
25
construction program unit intended for five (5) occupants is between two and one half (2.5%)
26
percent of one person household area median income and three (3%) percent of five (5) person
27
household area median income, at the time that housing construction program unit is completed.
28
(f) The director shall ensure that the fair market monthly rental value of each housing
29
construction program unit intended for six (6) occupants is between two and one half (2.5%) percent
30
of one person household area median income and three (3%) percent of six (6) person household
31
area median income, at the time that housing construction program unit is completed.
32
(g) The director shall ensure that the fair market monthly rental value of each housing
33
construction program unit intended for seven (7) occupants is between two and one half (2.5%)
34
LC001178 - Page 15 of 44
percent of one person household area median income and three (3%) percent of seven (7) person
1
household area median income, at the time that housing construction program unit is completed.
2
(h) The director shall ensure that the fair market monthly rental value of each housing
3
construction program unit intended for eight (8) occupants is between two and one half (2.5%)
4
percent of one person household area median income and three (3%) percent of eight (8) person
5
household area median income, at the time that housing construction program unit is completed.
6
42-160.2-7. Eligibility to live in a set rate unit.
7
(a) Persons who are part of a single person household and whose cumulative adjusted gross
8
household income does not exceed seventy (70%) percent of the one person household area median
9
income are eligible to become tenants of set rate units.
10
(b) Persons who are part of a two (2) person household and whose cumulative adjusted
11
gross household income does not exceed seventy (70%) percent of the two (2) person household
12
area median income are eligible to become tenants of set rate units.
13
(c) Persons who are part of a three (3) person household and whose cumulative adjusted
14
gross household income does not exceed seventy (70%) percent of the three (3) person household
15
area median income are eligible to become tenants of set rate units.
16
(d) Persons who are part of a four (4) person household and whose cumulative adjusted
17
gross household income does not exceed seventy (70%) percent of the four (4) person household
18
area median income are eligible to become tenants of set rate units.
19
(e) Persons who are part of a five (5) person household and whose cumulative adjusted
20
gross household income does not exceed seventy (70%) percent of the five (5) person household
21
area median income are eligible to become tenants of set rate units.
22
(f) Persons who are part of a six (6) person household and whose cumulative adjusted gross
23
household income does not exceed seventy (70%) percent of the six (6) person household area
24
median income are eligible to become tenants of set rate units.
25
(g) Persons who are part of a seven (7) person household and whose cumulative adjusted
26
gross household income does not exceed seventy (70%) percent of the seven (7) person household
27
area median income are eligible to become tenants of set rate units.
28
(h) Persons who are part of an eight (8) person household and whose cumulative adjusted
29
gross household income does not exceed seventy (70%) percent of the eight (8) person household
30
area median income are eligible to become tenants of set rate units.
31
42-160.2-8. Applying to live in a set rate unit.
32
(a) The division shall create a set rate unit application for applicants to use to apply to rent
33
a set rate unit.
34
LC001178 - Page 16 of 44
(b) The set rate unit application shall be easily accessible on the website of the housing
1
jobs department. Applicants shall be given the option of submitting their Set rate unit application
2
electronically on the website of the housing jobs department. Visitors to the website of the housing
3
jobs department shall be able to download and print as many copies of the set rate unit application
4
as they wish. The housing jobs department shall also establish a system through which applicants
5
can easily and conveniently submit non-electronic, paper versions of the set rate unit application.
6
(c) The set rate unit application shall be available in English and in any other language
7
spoken by at least ten (10) percent of the population of the state of Rhode Island, as determined by
8
the U.S. Census Bureau.
9
(d) The division shall develop an equitable and fair system through which to offer available
10
set rate units to eligible applicants.
11
(e) If the number of eligible applicants exceeds the number of available housing
12
construction program units, the division shall establish a waiting list for the remaining applicants
13
who have not yet received set rate units. Applicants on the waiting list shall be kept regularly
14
apprised of their position on the waiting list, no less frequently than once every two (2) months.
15
42-160.2-9. Set rate unit affordability.
16
(a) The director shall determine the monthly rental fee for any set rate unit.
17
(b) The monthly rental fee for any set rate unit shall not exceed one-twelfth (1/12) of twenty
18
percent (20%) of the occupants' cumulative household adjusted gross income, except that the
19
monthly rental fee for any set rate unit shall not be less than three hundred thirty-three dollars
20
($333). The monthly rental fee shall include the cost of utilities.
21
42-160.2-10. Market rate units.
22
(a) The director shall determine the monthly rental fee for any market rate unit.
23
(b) The director shall set the monthly rental fee for any market rate unit at the fair market
24
monthly rental value of that unit, except that the director may adjust the monthly rental fee when
25
the director deems doing so is appropriate.
26
42-160.2-11. Property upkeep and improvement fund.
27
(a) The division shall establish a restricted funds account which shall be known as the
28
property upkeep and improvement fund.
29
(b) The rental fees collected from the housing construction program unit tenants shall be
30
deposited directly into the property upkeep and improvement fund.
31
(c) Money in the property upkeep and improvement fund shall only be used to:
32
(1) Maintain housing construction program units, housing construction program buildings,
33
or the adjacent land;
34
LC001178 - Page 17 of 44
(2) Make repairs to housing construction program units or housing construction program
1
buildings; or
2
(3) Make improvements to housing construction program units, housing construction
3
program buildings, or the adjacent land.
4
(d) The director shall determine how to spend the money in the property upkeep and
5
improvement fund, in accordance with the provisions of this chapter. The director may delegate
6
this authority to an employee or employees of the division.
7
42-160.2-12. Severability.
8
(a) If any provision of this chapter is held invalid, the remainder of this chapter shall not
9
be affected thereby.
10
(b) If the application of any provision of this chapter to any person or circumstance is held
11
invalid, the application of such provision to other persons or circumstances shall not be affected
12
thereby.
13
SECTION 5. Title 42 of the General Laws entitled "STATE AFFAIRS AND
14
GOVERNMENT" is hereby amended by adding thereto the following chapter:
15
CHAPTER 160.3
16
THE SOLAR JOBS ACT
17
42-160.3-1. Short title.
18
This act shall be known and shall be cited as "The Solar Jobs Act."
19
42-160.3-2. Legislative findings.
20
(a) Thousands of low-income Rhode Island residents lose access to electricity each year
21
because they cannot afford to pay their utility bills.
22
(b) Distributed generation, such as rooftop photovoltaic solar panels, obviates the need to
23
build new, expensive electricity distribution infrastructure, such as transmission lines, substations,
24
and transformers. Once built, the cost of new electricity distribution infrastructure is passed onto
25
rate-payers. Installing distributed generation on some homes, therefore, reduces electricity rates for
26
all utility rate-payers in the state.
27
(c) Climate change poses a severe threat to every Rhode Island resident. Climate change is
28
drastically accelerated by human activity, particularly activities that emit greenhouse gases.
29
(d) Installing distributed generation, such as solar panels, on homes will dramatically
30
reduce Rhode Island's greenhouse gas emissions.
31
(e) Project labor agreements help protect workers by ensuring fair wages, working
32
conditions, and salaries.
33
(f) Properly designed project labor agreements help the state meet workforce diversity
34
LC001178 - Page 18 of 44
goals.
1
(g) Project labor agreements are necessary for installing solar panels due to the complexity
2
of the work.
3
(h) Project labor agreements provide the state with a guarantee that public works projects
4
will be completed with highly skilled and safely trained workers.
5
(i) Project labor agreements provide for peaceful, orderly, and mutually binding procedures
6
for resolving labor issues, preventing significant lost-time on construction projects.
7
(j) Project labor agreements allow public agencies to predict more accurately the actual
8
cost of the projects.
9
(k) To address the climate crisis, and to reduce utility bills, Rhode Island must install
10
photovoltaic solar panels on the roofs of tens of thousands of homes in Rhode Island using project
11
labor agreements.
12
42-160.3-3. Definitions.
13
(a) As used in this chapter:
14
(1) "Census tract" means a census tract as identified by the U.S. Census Bureau.
15
(2) "Cumulative adjusted gross household income" means the cumulative adjusted gross
16
income of every
17
(3) "Department" means the housing jobs department.
18
(4) "Director" means the director of the housing jobs department.
19
(5) "Free solar power applicant" means an individual who has submitted a free solar power
20
application.
21
(6) "Free solar power application" means a free solar power application, as provided in §
22
42-160.3-5.
23
(7) "Free solar power multi-family residence application" means a free solar power
24
application for a selected housing unit building which is a multifamily residence.
25
(8) "Free solar power single family residence application" means a free solar power
26
application for a selected housing unit building which is a single family residence.
27
(9) "Housing construction program building" means any building, which is owned by the
28
department that contains one or more housing construction program units.
29
(10) "Housing construction program unit" means:
30
(i) A unit of housing which was created, in whole or in any part, by the housing jobs
31
department;
32
(ii) A unit of housing which was created, in whole or in any part, by a corporation, firm,
33
partnership or other entity or person under contract with the housing jobs department, or a
34
LC001178 - Page 19 of 44
subcontractor thereof; or
1
(iii) A unit of housing which was created, in whole or in any part, with money from the
2
housing jobs department.
3
(11) "Housing unit building" means the physical structure of a single family residence or a
4
multifamily residence, and the land on which a single family residence or multifamily residence is
5
located.
6
(12) "Inspector" means a person qualified to:
7
(i) Inspect housing units to accurately assess whether a rooftop photovoltaic solar panel
8
system could be safely installed on a housing unit, including by taking into account:
9
(A) Whether the roof can safely support the weight of a photovoltaic solar panel system;
10
(B) Whether installation workers can safely access the roof and install the solar panels
11
without undue hazard; and
12
(C) Any other safety considerations that, in the judgment of the director, ought to be
13
considered when determining whether a photovoltaic solar panel system can be safely installed on
14
a housing unit.
15
(D) Accurately assess the most appropriate location of a photovoltaic solar panel system
16
on a housing unit, taking into account both safety considerations and the relative exposure to
17
sunlight of different possible locations on the housing unit.
18
(ii) Accurately assess the highest nameplate generation capacity that could be safely
19
installed on a housing unit.
20
(iii) Accurately assess the most appropriate type of solar panel system to install on the roof
21
of a housing unit or on any other part of the property owned or rented by the housing unit's occupant,
22
including with respect to size, shape, manufacturer, nameplate generation capacity, wiring, and any
23
other relevant solar panel features.
24
(13) "Multi-family residence building" means a building or residential complex that
25
contains multiple, separate housing units.
26
(14) "Project labor agreement" means a pre-negotiated, pre-hire collective bargaining
27
agreement which governs all working conditions and standards related to employment on a specific
28
project.
29
(15) "Routine maintenance, upkeep, and repairs" refers to maintenance, upkeep, and repairs
30
that:
31
(i) Are ordinarily expected to be necessary or foreseeable in the standard life cycle of a
32
solar panel system; and
33
(ii) Were not caused by the fault, sabotage, or negligence of the housing unit owner.
34
LC001178 - Page 20 of 44
(16) "Safety and feasibility certification" means the safety and feasibility certification
1
issued by an inspector, as provided in § 42-160.3-6.
2
(17) "Selected housing unit building" means the housing unit building on which a free solar
3
power applicant has applied to have a photovoltaic rooftop solar panel system installed.
4
(18) "Single family residence" means a house that is intended to be occupied by a single
5
household.
6
(19) "Solar installation contract" means the solar installation contract provided in § 42-
7
160.3-7.
8
(20) "Solar jobs program" means the cumulative entirety of any and all rules, regulations,
9
contracts, plans, projects, expenditures, and activities completed by the housing jobs department to
10
install photovoltaic solar panel systems on housing units which are not Housing Construction
11
Program Units.
12
(21) "Solar jobs program project" means an installation of a photovoltaic solar panel system
13
on a housing unit under the solar jobs program, or a series of such installations.
14
(22) "Solar jobs program worker" means any worker, including employees, contractors,
15
and subcontractors who perform work as part of the solar jobs program, under contract with the
16
housing jobs department.
17
42-160.3-4. Solar jobs program.
18
(a) The housing jobs department shall establish the solar jobs program.
19
(b) The purpose of the solar jobs program is to install photovoltaic solar panel systems on
20
housing unit buildings.
21
42-160.3-5. Solar panel installation application process.
22
(a) The housing jobs department shall create a simple and convenient free solar power
23
application, with which individuals can apply to receive a rooftop photovoltaic solar panel system
24
installed on a housing unit building which they own.
25
(b) The free solar power application shall be named and called the "free solar power
26
application" in all official, public communications made by the housing jobs department and its
27
employees and agents.
28
(c) Free solar power applicants whose selected housing unit building is a single family
29
residence shall provide the following information in their free solar power application:
30
(1) Their name;
31
(2) The address of their selected housing unit building;
32
(3) Their cumulative adjusted gross household income;
33
(4) The number of individuals in their household;
34
LC001178 - Page 21 of 44
(5) Whether they would prefer to have a solar panel system installed on the roof, or whether
1
they would prefer to have a solar panel system installed on another part of the property, or whether
2
they have no preference;
3
(6) Whether they have the legal right to allow a photovoltaic solar panel system to be
4
installed on the selected housing unit building; and
5
(7) Any other question that the director deems appropriate to include on the application.
6
(d) Free solar power applicants whose selected housing unit building is a multifamily
7
residence, shall provide the following information in their free solar power application:
8
(1) Their name;
9
(2) The address of their selected housing unit building;
10
(3) Whether they would prefer to have a solar panel system installed on the roof, or whether
11
they would prefer to have a solar panel system installed on another part of the property, or whether
12
they have no preference;
13
(4) Whether they have the legal right to allow a photovoltaic solar panel system to be
14
installed on the selected housing unit building; and
15
(5) Any other question that the director deems appropriate to include on the application.
16
(e) The free solar power application shall be easily accessible on the website of the housing
17
jobs department. Applicants shall be given the option of submitting their free solar power
18
application electronically on the website of the housing jobs department. Visitors to the website of
19
the housing jobs department shall be able to download and print as many copies of the free solar
20
power application as they wish. The housing jobs department shall also establish a program through
21
which applicants can easily and conveniently submit non-electronic, paper versions of the free solar
22
installation application.
23
(f) The free solar power application shall be available in English and in any other language
24
spoken by at least ten (10) percent of the state of Rhode Island, as determined by the U.S. Census
25
Bureau.
26
(g) Individuals shall be ineligible to submit a free solar power application if they lack the
27
legal right to permit a photovoltaic solar panel system to be installed on their housing unit.
28
42-160.3-6. Inspection and certification.
29
(a) The housing jobs department shall send an Inspector to the selected housing unit
30
building of any individual who has submitted a free solar power application, provided that the
31
individual is eligible to submit a free solar power application and their application, in the
32
determination of the director, is reasonably likely to be approved. The inspector shall arrive at the
33
selected housing unit building at a time to which the free solar power applicant has agreed. The
34
LC001178 - Page 22 of 44
inspector shall inspect the selected housing unit building to assess whether a photovoltaic solar
1
panel system could be safely installed on the selected housing unit building. In order to determine
2
whether a photovoltaic solar panel system could safely be installed on the selected housing unit
3
building, the inspector shall consider:
4
(1) Whether the roof or another area of the property can safely support the weight of a
5
photovoltaic solar panel system;
6
(2) Whether installation workers can safely access the roof or another area of the property
7
to install solar panels without undue hazard;
8
(3) Any other safety considerations that the Inspector deems appropriate; and
9
(4) Any other safety considerations that the director has instructed the Inspector to
10
consider.
11
(b) After completing the inspection of a free solar power applicant's selected housing unit
12
building, the inspector shall issue a safety and feasibility certification of the selected housing unit
13
building if the inspector determines that:
14
(1) A photovoltaic solar panel system could be safely installed on the applicant's selected
15
housing unit building; and
16
(2) The photovoltaic solar panel system, once installed on the applicant's selected housing
17
unit building, would not have significantly impaired exposure to sunlight.
18
(c) A safety and feasibility certification shall include:
19
(1) The inspector's recommendation as to the most appropriate location for the photovoltaic
20
solar panel system on the selected housing unit building. The inspector shall make every reasonable
21
effort to honor to the applicant's preference as to the location of the photovoltaic solar panel system,
22
as long as the applicant's preferred location would not compromise the safety of the selected
23
housing unit building's occupants or the structural integrity of the selected housing unit Building,
24
and would not significantly impair the solar panel system's exposure to sunlight.
25
(2) The inspector's recommendation as to the most appropriate type of photovoltaic solar
26
panel system to install on the applicant's selected housing unit building, including with respect to
27
size, shape, manufacturer, nameplate generation capacity, wiring, and any other relevant solar panel
28
features.
29
(i) When recommending a photovoltaic solar panel system for a single family residence,
30
the inspector shall recommend the installation of the photovoltaic solar panel system with the
31
highest nameplate generation capacity as is feasible without compromising the safety of the housing
32
unit's occupants or the structural integrity of the housing unit and without significantly impairing
33
the photovoltaic solar panel system's exposure to sunlight, except that the inspector shall not
34
LC001178 - Page 23 of 44
recommend a photovoltaic solar panel system with greater than four thousand watts (4,000 W) of
1
nameplate generation capacity.
2
(ii) When recommending a photovoltaic solar panel system for a multifamily residence, the
3
Inspector shall recommend the installation of the photovoltaic solar panel system with the highest
4
nameplate generation capacity as is feasible without compromising the safety of the housing unit's
5
occupants or the structural integrity of the housing unit and without significantly impairing the
6
photovoltaic solar panel system's exposure to sunlight.
7
42-160.3-7. Solar installation contract.
8
(a) After an inspector has issued a safety and feasibility certification and determined the
9
most appropriate type of solar panel system to install on the applicant's selected housing unit
10
building, the housing jobs department shall send the applicant a solar installation contract
11
describing the proposed solar installation. The proposed solar installation shall include a description
12
of:
13
(1) The most appropriate location for the photovoltaic solar panel system on the selected
14
housing unit building, according to the inspector's recommendation provided in the safety and
15
feasibility certification; and
16
(2) The type of solar panel system that would be most appropriate to be installed on the
17
applicant's selected housing unit building, including with respect to size, shape, manufacturer,
18
nameplate generation capacity, wiring, and any other relevant solar panel features, according to the
19
inspector's recommendation in the safety and feasibility certification. The document shall also
20
provide prominently displayed estimates of approximately how much electricity the proposed solar
21
installation will produce in an average year, as well as an estimate of how much money the applicant
22
will save on their annual electricity bill if the proposed solar installation were installed.
23
(b) The bottom of the solar installation contract shall include a space for the applicant's
24
signature and date of signature, as well as clear and accessible language indicating that the applicant
25
is, under no circumstances, required to sign the solar installation contract. The solar installation
26
contract shall also indicate that, if the applicant signs the solar installation contract, they are
27
consenting to the installation of the proposed solar installation.
28
(c) The solar installation contract may include any additional provisions that the director
29
deems appropriate, provided such provisions are consistent with the requirements of this chapter.
30
42-160.3-8. Free solar power application approval.
31
(a) The housing jobs department shall review free solar power applications promptly, and
32
shall approve them according to the requirements of this subsection.
33
(b) The housing jobs department shall only approve a free solar power application if:
34
LC001178 - Page 24 of 44
(1) An Inspector has issued a safety and feasibility certification of the applicant's selected
1
housing unit building;
2
(2) The applicant has signed the solar installation contract;
3
(3) The department intends to install photovoltaic solar panels on the applicant's selected
4
housing unit building within three (3) months; and
5
(4) When the housing jobs department is certain that it has the resources to finance the
6
entire cost of the installation, including, but not limited to:
7
(i) The cost of the photovoltaic solar panel system;
8
(ii) The costs related to the shipment and transportation of the photovoltaic solar panel
9
system;
10
(iii) The labor costs to compensate the solar jobs program workers who will install the
11
photovoltaic solar panel system;
12
(iv) The administrative costs to coordinate the installation;
13
(v) Any reasonably foreseeable routine maintenance, upkeep, and repairs that are the legal
14
and financial responsibility of the department, pursuant to § 42-160.3-13; and
15
(vi) Any other costs which the director deems appropriate for the department to pay for.
16
(c) After approving a free solar power application, an employee of the housing jobs
17
department shall:
18
(1) Promptly notify the applicant that their application has been approved; and
19
(2) Determine a mutually convenient time for both the department and the applicant to
20
install the proposed solar installation on the selected housing unit building.
21
(d) If an applicant has had their free solar power application approved, the housing jobs
22
department shall pay the full and complete cost of installing a photovoltaic rooftop solar panel
23
system on the applicant's selected housing unit building.
24
42-160.3-9. Solar panel installation prioritization order.
25
(a) The housing jobs department shall divide all free solar power applications into two (2)
26
categories:
27
(1) Free solar power single family residence applications; and
28
(2) Free solar power multifamily residence applications.
29
(b) When considering multiple free solar power single family residence applications, the
30
housing jobs department shall, at all times, prioritize a free solar power single family residence
31
application submitted by an individual with a lower cumulative adjusted gross household income
32
over a free solar power single family residence application submitted by an individual with a higher
33
cumulative adjusted gross household income.
34
LC001178 - Page 25 of 44
(c) When considering multiple free solar power multifamily residence applications, the
1
housing jobs department shall, at all times, prioritize a free solar power multifamily residence
2
application for a selected housing unit in a census Tract with a lower median household income, as
3
calculated by the U.S. Census Bureau, over a free solar power multifamily residence application
4
for a selected housing unit in a census tract with a higher median household income, as calculated
5
by the U.S. Census Bureau.
6
42-160.3-10. Advertising in low-income communities.
7
The housing jobs department shall make substantial and sustained efforts to advertise the
8
solar jobs program in low-income communities across Rhode Island, including the availability of
9
free solar panel installations.
10
42-160.3-11. Project labor agreements required.
11
(a) Solar jobs program workers shall be paid not less than the wage rate established for
12
such work pursuant to a project labor agreement with the appropriate labor organization or labor
13
organizations, which shall include a:
14
(1) Mutually agreeable, lawful, and uniform grievance and arbitration procedure for the
15
resolution of work-related disputes involving solar jobs program projects;
16
(2) Mutually agreeable, lawful work rules, working conditions, and working schedules for
17
solar jobs program projects;
18
(3) Mutually agreeable, lawful terms regarding the benefits provided for workers working
19
on solar jobs program projects;
20
(4) Mutually agreeable, lawful terms regarding the use of apprenticeship programs and pre-
21
apprenticeship programs on solar jobs program projects;
22
(5) Mutually agreeable, lawful goals or requirements to promote workforce diversity for
23
solar jobs program projects, including, but not limited to, with regard to race and gender;
24
(6) Mutually agreeable, lawful goals or requirements to hire local residents who live near
25
the work site for solar jobs program projects; and
26
(7) Mutually agreeable, lawful goals or requirements to hire enrollees or former enrollees
27
of the just transition program established by the department of labor and training, pursuant to § 42-
28
16.1-21, to work on solar jobs program projects.
29
42-160.3-12. Solar panel maintenance.
30
(a) The department shall assume legal and financial responsibility for all routine
31
maintenance, upkeep, and repairs of the photovoltaic solar panel systems installed through the solar
32
jobs program.
33
(b) The department is prohibited from transferring legal or financial responsibility for any
34
LC001178 - Page 26 of 44
routine maintenance, upkeep, and repairs to any other entity.
1
(c) The department shall establish a convenient way for recipients of photovoltaic solar
2
panel systems which were installed by the department under the solar jobs act to file requests with
3
the department for the department to perform routine maintenance, upkeep, and repairs. The
4
department shall investigate credible and reasonable requests for routine maintenance, upkeep, and
5
repairs promptly. If, upon investigation, the department determines that a photovoltaic solar panel
6
system is in need of routine maintenance, upkeep, and repairs, the department shall perform the
7
necessary routine maintenance, upkeep, and repairs promptly. The department is released from the
8
obligation to perform routine maintenance, upkeep, and repairs if the recipient of the solar panel
9
installation makes it unreasonably difficult to perform the routine maintenance, upkeep, and repairs,
10
including by refusing to allow agents, contractors, or employees of the department on the premises
11
or by failing to agree to a time during which the routine maintenance, upkeep, and repairs shall take
12
place.
13
42-160.3-13. Legal ownership of the photovoltaic solar panel systems.
14
(a) Once a photovoltaic solar panel system is installed on an applicant's housing unit, the
15
photovoltaic solar panel system is the property of the department.
16
(b) The department shall include in the solar installation contract:
17
(1) A provision prohibiting the applicant from selling, removing, deliberately damaging,
18
sabotaging, or dismantling the proposed solar installation; and
19
(2) Any additional restrictions on the ways in which the applicant may use or affect the
20
proposed solar installation that the director deems appropriate.
21
(c) If legal or equitable ownership of a housing unit building is transferred after a
22
photovoltaic solar panel system is already installed on it, pursuant to the solar jobs program, the
23
transferee automatically assumes all legal rights and duties with respect to the photovoltaic solar
24
panel system that were previously attached to the transferor.
25
42-160.3-14. Net metering requirement.
26
(a) The owner of a multifamily residence building which receives a photovoltaic solar panel
27
system installation, pursuant to the solar jobs program, shall enroll in the community net metering
28
program under chapter 26.4 of title 39. The electric distribution company providing electricity to
29
the multifamily residence building must install a net meter, and may not charge the owner of the
30
multifamily residence building, or any residents of said building, for either the net meter or any
31
installation costs.
32
(b) If the owner of a multifamily residence building receives a photovoltaic solar panel
33
system installation, pursuant to the solar jobs program, the full financial benefit of the electricity
34
LC001178 - Page 27 of 44
thereby produced shall be awarded to the tenants of the multifamily residence building in the form
1
of reduced utility bills. The utility company shall offset the utility bills paid by the tenants of the
2
multifamily residence building on an equal basis by housing unit.
3
(c) The owner of a single family residence which receives a photovoltaic solar panel system
4
installation, pursuant to the solar jobs program, shall enroll in the net metering program under
5
chapter 26.4 of title 39. The electric distribution company providing electricity to the single family
6
residence must install a net meter, and may not charge the owner of the multifamily residence
7
building, or any residents of said residence, for either the net meter or any installation costs.
8
42-160.3-15. Just transition and diversity.
9
(a) When hiring employees, hiring contractors, awarding contracts, designing project labor
10
agreements, promulgating rules and regulations, and enforcing rules and regulations, the housing
11
jobs department shall:
12
(1) Maximize, to the greatest extent feasible, lawful, and appropriate, in the judgment of
13
the director, the number of solar jobs program workers who are enrolled in or who have completed
14
the just transition program administered by the department of labor and training, pursuant to § 42-
15
16.1-21.
16
(2) Maximize, to the greatest extent feasible, lawful, and appropriate, racial and gender
17
equity within the hiring processes for solar jobs program workers.
18
(b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities
19
working on solar jobs program projects shall, at all times, make good faith efforts to promote
20
workforce diversity for housing construction program projects, including with regard to race and
21
gender. If the director determines that a contractor, subcontractor, firm, corporation, partnership,
22
or other entity is not making good faith efforts to achieve workforce diversity, the director may
23
prohibit that entity from bidding on contracts or being awarded contracts for solar jobs program
24
projects for two (2) years.
25
42-160.3-16. Severability.
26
(a) If any provision of this chapter is held invalid, the remainder of this chapter shall not
27
be affected thereby.
28
(b) If the application of any provision of this chapter to any person or circumstance is held
29
invalid, the application of such provision to other persons or circumstances shall not be affected
30
thereby.
31
SECTION 6. Sections 34-37-3 and 34-37-4 of the General Laws in Chapter 34-37 entitled
32
"Rhode Island Fair Housing Practices Act" are hereby amended to read as follows:
33
34-37-3. Definitions.
34
LC001178 - Page 28 of 44
When used in this chapter:
1
(1) "Age" means anyone over the age of eighteen (18).
2
(2) "Armed forces" means the Army, Navy, Marine Corps, Coast Guard, Merchant
3
Marines, or Air Force of the United States and the Rhode Island National Guard.
4
(3) "Commission" means the Rhode Island commission for human rights created by § 28-
5
5-8.
6
(4) "Disability" means a disability as defined in § 42-87-1.
7
Provided, further, that the term "disability" does not include current, illegal use of, or
8
addiction to, a controlled substance, as defined in 21 U.S.C. § 802.
9
(5) "Discriminate" includes segregate, separate, or otherwise differentiate between or
10
among individuals because of race, color, religion, sex, sexual orientation, gender identity or
11
expression, marital status, military status as a veteran with an honorable discharge or an honorable
12
or general administrative discharge, servicemember in the armed forces, country of ancestral origin,
13
disability, age, housing status, or familial status or because of the race, color, religion, sex, sexual
14
orientation, gender identity or expression, marital status, military status as a veteran with an
15
honorable discharge or an honorable or general administrative discharge, servicemember in the
16
armed forces, country of ancestral origin, disability, age, housing status, or familial status of any
17
person with whom they are, or may wish to be, associated.
18
(6) The term "domestic abuse" for the purposes of this chapter shall have the same meaning
19
as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2,
20
except that the domestic abuse need not involve a minor or parties with minor children.
21
(7)(i) "Familial status" means one or more individuals who have not attained the age of
22
eighteen (18) years being domiciled with:
23
(A) A parent or another person having legal custody of the individual or individuals; or
24
(B) The designee of the parent or other person having the custody, with the written
25
permission of the parent or other person, provided that, if the individual is not a relative or legal
26
dependent of the designee, that the individual shall have been domiciled with the designee for at
27
least six (6) months.
28
(ii) The protections afforded against discrimination on the basis of familial status shall
29
apply to any person who is pregnant or is in the process of securing legal custody of any individual
30
who has not attained the age of eighteen (18) years.
31
(8) The terms, as used regarding persons with disabilities, "auxiliary aids and services",
32
"reasonable accommodation", and "reasonable modifications" have the same meaning as those
33
terms are defined in § 42-87-1.1.
34
LC001178 - Page 29 of 44
(9) The term "gender identity or expression" includes a person's actual or perceived gender,
1
as well as a person's gender identity, gender-related self image, gender-related appearance, or
2
gender-related expression; whether or not that gender identity, gender-related self image, gender-
3
related appearance, or gender-related expression is different from that traditionally associated with
4
the person's sex at birth.
5
(10) "Housing accommodation" includes any building or structure, or portion of any
6
building or structure, or any parcel of land, developed or undeveloped, that is occupied or is
7
intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or
8
residence of one or more persons.
9
(11) "Otherwise qualified" includes any person with a disability who, with respect to the
10
rental of property, personally or with assistance arranged by the person with a disability, is capable
11
of performing all the responsibilities of a tenant as contained in § 34-18-24.
12
(12) "Owner" includes any person having the right to sell, rent, lease, or manage a housing
13
accommodation.
14
(13) "Person" includes one or more individuals, partnerships, associations, organizations,
15
corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal
16
representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as
17
defined in chapter 20.5 of title 5.
18
(14) "Senior citizen" means a person sixty-two (62) years of age or older.
19
(15) "Source of lawful income" means any and all income derived or obtained from legal
20
sources, including, but is not limited to, any financial housing assistance such as financial assistance
21
provided under Section 8 of the federal Fair Housing Act.
22
(15)(16) The term "sexual orientation" means having, or being perceived as having, an
23
orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to
24
describe the status of persons and does not render lawful any conduct prohibited by the criminal
25
laws of this state nor impose any duty on a religious organization. This definition does not confer
26
legislative approval of said status, but is intended to ensure the basic human rights of persons to
27
hold and convey property and to give and obtain credit, regardless of such status.
28
(16)(17) The term "victim" means a family or household member and all other persons
29
contained within the definition of those terms as defined in § 12-29-2.
30
(17)(18) The term "housing status" means the status of having or not having a fixed or
31
regular residence, including the status of living on the streets or in a homeless shelter or similar
32
temporary residence.
33
34-37-4. Unlawful housing practices.
34
LC001178 - Page 30 of 44
(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as
1
defined in § 34-37-3(10), or an agent of any of these, shall, directly or indirectly, make, or cause to
2
be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,
3
gender identity or expression, marital status, military status as a veteran with an honorable
4
discharge or an honorable or general administrative discharge, servicemember in the armed forces,
5
country of ancestral origin or disability, age, immigration status, source of lawful income used for
6
rental or mortgage payments, familial status nor make any written or oral inquiry concerning
7
whether a tenant or applicant or a member of the household is, or has been, or is threatened with
8
being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is
9
seeking relief from any court in the form of a restraining order for protection from domestic abuse,
10
of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or
11
indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the
12
housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity
13
or expression, marital status, military status as a veteran with an honorable discharge or an
14
honorable or general administrative discharge, servicemember in the armed forces, country of
15
ancestral origin, disability, age, immigration status, source of lawful income used for rental or
16
mortgage payments, or familial status of the individual or the race, color, religion, sex, sexual
17
orientation, gender identity or expression, marital status, military status as a veteran with an
18
honorable discharge or an honorable or general administrative discharge, servicemember in the
19
armed forces, country of ancestral origin or disability, age, or familial status of any person with
20
whom the individual is or may wish to be associated; or shall, or on the basis that a tenant or
21
applicant, or a member of the household, is or has been, or is threatened with being, the victim of
22
domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from
23
any court in the form of a restraining order for protection from domestic abuse. Nor shall an owner
24
having the right to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-
25
3(10), or an agent of any of these, directly or indirectly, issue any advertisement relating to the sale,
26
rental, or lease of the housing accommodation that indicates any preference, limitation,
27
specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender
28
identity or expression, marital status, military status as a veteran with an honorable discharge or an
29
honorable or general administrative discharge, servicemember in the armed forces, country of
30
ancestral origin, disability, age, immigration status, source of lawful income used for rental or
31
mortgage payments, familial status, or on the basis that a tenant or applicant or a member of the
32
household is, or has been, or is threatened with being the victim of domestic abuse, or that the
33
tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a
34
LC001178 - Page 31 of 44
restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate
1
against any individual because of his or her race, color, religion, sex, sexual orientation, gender
2
identity or expression, marital status, military status as a veteran with an honorable discharge or an
3
honorable or general administrative discharge, servicemember in the armed forces, country of
4
ancestral origin, disability, age, immigration status, source of lawful income used for rental or
5
mortgage payments, familial status, or on the basis that a tenant or applicant or a member of the
6
household is, or has been, or is threatened with being the victim of domestic abuse, or that the
7
tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a
8
restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the
9
sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in
10
connection with it. Nothing in this subsection shall be construed to prohibit any oral or written
11
inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18).
12
(b) No person to whom application is made for a loan or other form of financial assistance
13
for the acquisition, construction, rehabilitation, repair, or maintenance of any housing
14
accommodation, whether secured or unsecured shall directly or indirectly make or cause to be made
15
any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender
16
identity or expression, marital status, military status as a veteran with an honorable discharge or an
17
honorable or general administrative discharge, servicemember in the armed forces, country of
18
ancestral origin, disability, age, immigration status, source of lawful income used for rental or
19
mortgage payments, familial status, or any express written or oral inquiry into whether a tenant or
20
applicant or a member of the household is, or has been, or is threatened with being the victim of
21
domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from
22
any court in the form of a restraining order for protection from domestic abuse, of any individual
23
seeking the financial assistance, or of existing or prospective occupants or tenants of the housing
24
accommodation; nor shall any person to whom the application is made in the manner provided,
25
directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining
26
or use of any financial assistance against any applicant because of the race, color, religion, sex,
27
sexual orientation, gender identity or expression, marital status, military status as a veteran with an
28
honorable discharge or an honorable or general administrative discharge, servicemember in the
29
armed forces, country of ancestral origin, disability, age, immigration status, source of lawful
30
income used for rental or mortgage payments, familial status, or on the basis that a tenant or
31
applicant or a member of the household is, or has been, or is threatened with being the victim of
32
domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any
33
court in the form of a restraining order for protection from domestic abuse, of the applicant or of
34
LC001178 - Page 32 of 44
the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to
1
prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).
2
(c) Nothing in this section contained shall be construed in any manner to prohibit or limit
3
the exercise of the privilege of every person and the agent of any person having the right to sell,
4
rent, lease, or manage a housing accommodation to establish standards and preferences and set
5
terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or
6
in the furnishing of facilities or services in connection therewith that do not discriminate on the
7
basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital
8
status, military status as a veteran with an honorable discharge or an honorable or general
9
administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,
10
age, immigration status, source of lawful income used for rental or mortgage payments, familial
11
status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is
12
threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or
13
sought, or is seeking relief from any court in the form of a restraining order for protection from
14
domestic abuse, of any prospective purchaser, lessee, tenant, or occupant thereof or on the race,
15
color, religion, sex, sexual orientation, gender identity or expression, marital status, military status
16
as a veteran with an honorable discharge or an honorable or general administrative discharge,
17
servicemember in the armed forces, country of ancestral origin, disability, age, immigration status,
18
source of lawful income used for rental or mortgage payments, or familial status of any person with
19
whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated.
20
Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise
21
of the privilege of every person and the agent of any person making loans for, or offering financial
22
assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of housing
23
accommodations to set standards and preferences, terms, conditions, limitations, or specifications
24
for the granting of loans or financial assistance that do not discriminate on the basis of the race,
25
color, religion, sex, sexual orientation, gender identity or expression, marital status, military status
26
as a veteran with an honorable discharge or an honorable or general administrative discharge,
27
servicemember in the armed forces, country of ancestral origin, disability, age, immigration status,
28
source of lawful income used for rental or mortgage payments, familial status, or on the basis that
29
a tenant or applicant or a member of the household is, or has been, or is threatened with being the
30
victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief
31
from any court in the form of a restraining order for protection from domestic abuse, of the applicant
32
for the loan or financial assistance or of any existing or prospective owner, lessee, tenant, or
33
occupant of the housing accommodation.
34
LC001178 - Page 33 of 44
(d) An owner may not refuse to allow a person with a disability to make, at his or her
1
expense, reasonable modifications of existing premises occupied or to be occupied by the person if
2
the modifications may be necessary to afford the person full enjoyment of the premises, except that,
3
in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a
4
modification on the renter agreeing to restore the interior of the premises to the condition that
5
existed before the modification, reasonable wear and tear excepted. Where it is necessary in order
6
to ensure with reasonable certainty that funds will be available to pay for the restorations at the end
7
of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring
8
that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable
9
amount of money not to exceed the cost of the restorations. The interest in the account shall accrue
10
to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will
11
be subject to § 34-18-19(b) -- (f).
12
(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,
13
practices, or services when those accommodations may be necessary to afford an occupant with a
14
disability equal opportunity to use and enjoy a dwelling.
15
(2) Every person with a disability who has a guide dog or other personal assistive animal,
16
or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal
17
access to all housing accommodations provided for in this section and shall not be required to pay
18
extra compensation for the guide dog or other personal assistive animal but shall be liable for any
19
damage done to the premises by a guide dog or other personal assistive animal. For the purposes
20
of this subsection, a "personal assistive animal" is an animal specifically trained by a certified
21
animal training program to assist a person with a disability to perform independent living tasks.
22
(f) Any housing accommodation of four (4) units or more constructed for first occupancy
23
after March 13, 1991, shall be designed and constructed in such a manner that:
24
(1) The public use and common use portions of the dwellings are readily accessible to and
25
usable by persons with disabilities;
26
(2) All the doors designed to allow passage into and within all premises within the
27
dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;
28
(3) All premises within the dwellings contain the following features of adaptive design:
29
(i) Accessible route into and through the dwelling;
30
(ii) Light switches, electrical outlets, thermostats, and other environmental controls in
31
accessible locations;
32
(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and
33
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver
34
LC001178 - Page 34 of 44
about the space. To the extent that any state or local building codes, statutes, or ordinances are
1
inconsistent with this section, they are hereby repealed. The state building code standards
2
committee is hereby directed to adopt rules and regulations consistent with this section as soon as
3
possible, but no later than September 30, 1990.
4
(g) Compliance with the appropriate requirements of the state building code 14
5
"accessibility for individuals with disabilities for residential use groups" suffices to satisfy the
6
requirements of subsection (f).
7
(h) As used in subsection (f), the term "housing accommodation of four (4) units or more"
8
means:
9
(1) Buildings consisting of four (4) or more units if those buildings have one or more
10
elevators; and
11
(2) Ground floor units in other buildings consisting of four (4) or more units;
12
(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that
13
requires a greater degree of accessibility to persons with disabilities.
14
(j) Nothing in this section requires that a dwelling be made available to an individual whose
15
tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy
16
would result in substantial physical damage to the property of others.
17
(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,
18
sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,
19
lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the
20
person selected.
21
(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this
22
section to be an unlawful housing practice; or obstruct or prevent any person from complying with
23
the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to
24
commit any act declared by this section to be an unlawful housing practice.
25
(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a
26
loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or
27
maintenance of any housing accommodation, whether secured or unsecured; no financial
28
organization governed by the provisions of title 19 or any other credit-granting commercial
29
institution; or respondent under this chapter; or any agent of these shall discriminate in any manner
30
against any individual because he or she has opposed any practice forbidden by this chapter, or
31
because he or she has made a charge, testified, or assisted in any manner in any investigation,
32
proceeding, or hearing under this chapter.
33
(n) Nothing in this section shall prevent a landlord from proceeding with eviction action
34
LC001178 - Page 35 of 44
against a tenant who fails to comply with § 34-18-24(7).
1
SECTION 7. Sections 34-18-11 and 34-18-35 of the General Laws in Chapter 34-18
2
entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows:
3
34-18-11. Definitions.
4
Subject to additional definitions contained in subsequent sections of this chapter which
5
apply to specific sections thereof, and unless the context otherwise requires, in this chapter:
6
(1) "Abandonment" means the tenant has vacated the premises without notice to the
7
landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen
8
(15) days and removal of substantially all possessions from the premises;
9
(2) "Action" includes recoupment, counterclaim, set-off, suit in equity, and any other
10
proceeding in which rights are determined, including an action for possession;
11
(3) "Building and housing codes" include any law, ordinance, or governmental regulation
12
concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or
13
appearance of any premises of dwelling unit;
14
(4) "Dwelling unit" means a structure or part of a structure that is designed or intended to
15
be used as a home, residence, or sleeping place by one or more persons;
16
(5) "Evict" means to terminate a residential tenancy or to attempt to do so. "Evict" includes,
17
but is not limited to, terminating a tenancy by:
18
(i) Refusing to renew an expiring lease;
19
(ii) Issuing a notice to vacate the premises;
20
(iii) Issuing a notice to vacate the premises;
21
(iv) Filing or causing to be filed any lawsuit seeking possession of the premises; or
22
(v) Making any statement or taking any act to deter, exclude, or otherwise prevent a tenant
23
from remaining in occupancy of leased premises.
24
(5)(6) "Fair rental value" means rent which is of comparable value with that of other rental
25
properties of similar size and condition within the contiguous neighborhood;
26
(6)(7) "Good faith" means honesty in fact in the conduct of the transaction concerned;
27
(8) "Just cause' means any of the following reasons for eviction, and no others:
28
(i) The tenant has failed to pay rent, as long as the owner notified the tenant in writing of
29
the amount of rent that was to be paid and to whom it was to be paid no less than sixty (60) days
30
before evicting the tenant;
31
(ii) the tenant has materially violated either an express or legally required obligation or
32
covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper
33
notice, and has failed to cure such violation within sixty (60) days after having received written
34
LC001178 - Page 36 of 44
notice thereof from the owner;
1
(iii) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the
2
unit; is causing substantial damage to the unit; or is creating a substantial interference with the quiet
3
enjoyment of other occupants or other tenants of the building;
4
(iv) The tenant is using, or permitting the unit to be used, for any illegal purpose;
5
(v) The tenant, who had a written bona fide lease or other rental agreement that has
6
terminated, has refused, after written request or demand by the owner, to execute a written
7
extension or renewal thereof for a further term of like duration and in such terms that are not
8
inconsistent with this chapter;
9
(vi) the tenant has refused the owner reasonable access to the unit for the purpose of making
10
necessary repairs or improvements required by the laws of the United States, the state of Rhode
11
Island or any subdivision thereof;
12
(vii) The owner seeks:
13
(A) To permanently board up or demolish the premises because the premises have been
14
cited by a state or local minimum housing code enforcement agency for substantial violations
15
affecting the health and safety of tenants and it is economically not feasible for the owner to
16
eliminate the violations;
17
(B) To comply with a state or local minimum housing code enforcement agency that has
18
cited the premises for substantial violations affecting the health and safety of tenants and it is not
19
feasible to so comply without removing the tenant; or
20
(C) To correct an illegal occupancy because the premises have been cited by a state or local
21
minimum housing code enforcement agency or zoning official and it is not feasible to correct such
22
illegal occupancy without removing the tenant.
23
(7)(9) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building
24
of which it is a part, and it also means a manager of the premises who fails to disclose as required
25
by § 34-18-20;
26
(8)(10) "Ordinary wear and tear" means deterioration of the premises which is the result of
27
the tenant's normal nonabusive living and includes, but is not limited to, deterioration caused by
28
the landlord's failure to prepare for expected conditions or by the landlord's failure to comply with
29
his or her obligations;
30
(9)(11) "Organization" includes a corporation, government, governmental subdivision or
31
agency, business trust, estate, trust, partnership of association, two (2) or more persons having a
32
joint or common interest, and any other legal or commercial entity;
33
(10)(12) "Owner" shall mean any person who, alone or jointly or severally with others:
34
LC001178 - Page 37 of 44
(i) Has legal title or tax title (pursuant to §§ 44-9-40 -- 44-9-46, inclusive, of the general
1
laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession
2
thereof; or
3
(ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or
4
agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.
5
Any person representing the actual owner in this way shall be bound to comply with the provisions
6
of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or
7
she were the owner.
8
(11)(13) "Person" includes an individual or organization;
9
(12)(14) "Premises" means a dwelling unit and the structure of which it is a part and
10
facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants
11
generally, or the use of which is promised to the tenant;
12
(13)(15) "Rent" means the payment or consideration that a tenant pays to a landlord for the
13
use of the premises, whether money, services, property, or produce of the land;
14
(14)(16) "Rental agreement" means all agreements, written or oral, and valid rules and
15
regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and
16
occupancy of a dwelling unit and premises, and also includes any terms required by law;
17
(15)(17) "Roomer" means a tenant occupying a dwelling unit which consists of any room
18
or group of rooms forming a single habitable unit used or intended to be used for living and
19
sleeping, but not for cooking or eating purposes;
20
(16)(18) "Security deposit" means a sum of money given by a tenant to a landlord at the
21
outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant's
22
dwelling unit during said tenancy;
23
(17)(19) "Tenant" means a person entitled under a rental agreement to occupy a dwelling
24
unit to the exclusion of others;
25
(18)(20) "Transitional housing facility" means a facility which, for a period not to exceed
26
two (2) years, provides its residents with appropriate social services for the purpose of fostering
27
independence, self sufficiency, and eventual transition to a permanent living arrangement;
28
(19)(21) "Willful" means that the act was performed intentionally, knowingly and
29
purposely, not accidentally or inadvertently and without justifiable excuse.
30
34-18-35. Eviction for nonpayment of rent.
31
(a) If any part of the stipulated rent is due and in arrears for fifteen (15) thirty (30) days,
32
the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-
33
56(a), specifying the amount of the rent which is fifteen (15) thirty (30) days in arrears, making
34
LC001178 - Page 38 of 44
demand for the rent, and notifying the tenant that unless he or she cures the breach within five (5)
1
sixty (60) days of the date of mailing of the notice, the rental agreement shall terminate, and the
2
landlord shall commence an eviction action in the appropriate district court or housing court.
3
(b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within
4
five (5) days of the date of mailing of the notice, the landlord may commence an eviction action
5
against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written
6
demand notice. The action shall be commenced by filing a "Complaint for Eviction for Nonpayment
7
of Rent" in the appropriate court in the form provided in § 34-18-56(d).
8
(c) The summons for eviction for nonpayment of rent shall specify the date for hearing and
9
be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file
10
and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or
11
appear at the hearing, he or she shall be defaulted.
12
(d) If the defendant files his or her answer and commences discovery prior to the hearing,
13
and it appears, for good cause shown, that the defendant will not be able to conduct his or her
14
defense without the benefit of discovery, the court may continue the hearing to allow a reasonable
15
time for the completion of discovery. In the case of such a continuance, the court may, in its
16
discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing.
17
Except as provided in this chapter, the landlord may recover possession and actual damages. In
18
cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6)
19
months immediately preceding the filing of the action, and the tenant's nonpayment was willful,
20
the landlord may also recover a reasonable attorney's fee.
21
(e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full
22
amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to
23
subsection (a) of this section within the six (6) months immediately preceding the filing of the
24
action, the tenant shall have the right to cure his or her failure to pay rent after commencement of
25
suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing.
26
SECTION 8. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant
27
Act" is hereby amended by adding thereto the following section:
28
34-18-58. Just cause needed for all evictions.
29
(a) No landlord in Rhode Island may evict any tenant without just cause.
30
(b) Before terminating, attempting to terminate, or refusing to renew a residential tenancy,
31
the landlord must provide written notice to the tenant stating the grounds for eviction which amount
32
to just cause. The landlord must provide this written notice to the tenant no less than sixty (60) days
33
before terminating, attempting to terminate, or refusing to renew a residential tenancy. In any legal
34
LC001178 - Page 39 of 44
action or arbitration proceeding, the landlord shall bear the burden of proof to demonstrate that:
1
(1) The grounds for termination or non-renewal are true; and
2
(2) That those grounds amount to just cause.
3
(c) The requirement for just cause shall be waived if the tenant poses an immediate and
4
serious threat to the physical wellbeing of the landlord or of any other resident. In any legal action
5
or arbitration proceeding, the landlord shall bear the burden of proof to demonstrate that the evicted
6
tenant posed an immediate and serious threat to the physical wellbeing of either the landlord
7
themselves or another resident.
8
(d) If any provision of this section is held invalid, the remainder of this section shall not be
9
affected thereby.
10
(e) If the application of any provision of this section to any person or circumstance is held
11
invalid, the application of such provision to other persons or circumstances shall not be affected
12
thereby.
13
SECTION 9. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by
14
adding thereto the following chapter:
15
CHAPTER 50
16
LARGE BUILDING ENERGY EFFICIENCY ACT
17
34-50-1. Short title.
18
This act shall be known and may be cited as "Large Building Energy Efficiency Act."
19
34-50-2. Findings.
20
(a) Climate change poses a severe threat to every Rhode Island resident. Climate change is
21
drastically accelerated by human activity, particularly activities that emit greenhouse gases.
22
(b) Increasing the energy efficiency of large buildings in Rhode Island is essential to
23
reducing the state's greenhouse gas emissions.
24
34-50-3. Definitions.
25
As used in this chapter:
26
(1) "HERS" means the RESNET Home Energy Rating System.
27
(2) "Large building" means a single family residential building that is over seven thousand
28
(7,000) square feet, except for:
29
(i) Buildings owned by the federal government;
30
(ii) Buildings owned by the state government of Rhode Island; and
31
(iii) Buildings owned by any subdivision of the state government of Rhode Island including
32
municipalities and counties.
33
(3) "RESNET" means the Residential Energy Services Network.
34
LC001178 - Page 40 of 44
(4) "RESNET Home Energy Rater" means an individual who is officially certified by an
1
organization that appears in the National Registry of Accredited Ratings Providers to inspect and
2
test residential housing units in order to assess the unit's energy efficiency and provide a Home
3
Energy Rating according to RESNET standards.
4
(5) "Violation" means a violation of the large building Energy Efficiency Act.
5
34-50-4. Energy efficiency requirement for large buildings.
6
By September 1, 2023, every large building must have received a RESNET HERS score
7
no greater than sixty-five (65) from a RESNET Home Energy Rater.
8
34-50-5. Enforcement.
9
(a) Each day after September 1, 2023, in which a large building is not in compliance with
10
the requirements set forth in § 34-50-4 is a separate and distinct violation committed by the owner
11
of that large building.
12
(b) The director of the housing jobs department shall fine every large building owner not
13
more than one thousand dollars ($1,000) for each and every violation that they have committed,
14
not less than ten (10) days after the violation occurred.
15
(c) Any fine for any violation must be collected, in full, by the housing jobs department
16
within ten (10) days of when the fine was levied.
17
(d) Any fine for any violation shall be placed into a restricted funds account which may be
18
used exclusively to finance:
19
(1) The housing construction program, pursuant to § 42-160.1-4;
20
(2) The housing maintenance program, pursuant to chapter 160.2 of title 4; or
21
(3) The solar jobs program, pursuant to chapter 160.3 of title 4;.
22
34-50-6. Severability.
23
If any provision of this chapter is held invalid, the remainder of this chapter shall not be
24
affected thereby.
25
If the application of any provision of this chapter to any person or circumstance is held
26
invalid, the application of such provision to other persons or circumstances shall not be affected
27
thereby.
28
SECTION 10. Title 42 of the General Laws entitled "STATE AFFAIRS AND
29
GOVERNMENT" is hereby amended by adding thereto the following chapter:
30
CHAPTER 141.1
31
THE PERCENTAGE OF INCOME HOME ENERGY AFFORDABILITY ACT
32
42-141.1-1. Short title.
33
This act shall be known and may be cited as "The Percentage of Income Home Energy
34
LC001178 - Page 41 of 44
Affordability Act."
1
42-141.1-2. Findings.
2
(a) In recent years the federal government has reduced home energy assistance to low-
3
income households.
4
(b) Thousands of low-income Rhode Islanders lose access to heat or electricity, or both,
5
every year due to lack of affordable energy.
6
(c) Previous efforts to help low-income payers manage their arrears, while helpful, fail to
7
address the burgeoning need for greater energy assistance.
8
(d) Many other states have passed legislation to establish some form of rate-payer
9
assistance program to address rising demand for energy assistance.
10
42-141.1-3. Definitions.
11
As used in this chapter:
12
(1) "Commission" means the public utilities commission.
13
(2) "Cumulative Adjusted Gross Household Income" means the cumulative adjusted gross
14
income of every person in a single household, as reflected on federal income tax returns of the most
15
recent year.
16
(3) "DHS" means the department of human services.
17
(4) "Home energy" means retail electric and natural gas service provided for end-use
18
consumption by residential consumers.
19
(5) "Home energy burden" means the percentage of a consumer's household income,
20
including any grant of LIHEAP assistance, that is paid toward the cost of a consumer's home energy
21
electric and gas usage.
22
(6) "LIHEAP" means the federal Low Income Household Energy Assistance Program.
23
(7) "Participating agency" includes any community action program or other agency which
24
determines eligibility for LIHEAP benefits.
25
(8) "Percentage of income home energy affordability program" is an income-sensitive
26
tiered subsidy program that makes utility service affordable for low-income households. This type
27
of program is also known as a percentage of income payment plan (PIPP).
28
(9) "Residential customer" includes all private residences, whether occupied or vacant,
29
owned or rented, including single-family homes, multi-family housing units and mobile homes, but
30
not including school dormitories, hospitals, and military barracks.
31
(10) "Utility" means:
32
(i) An electric distribution company that distributes electricity to retail customers;
33
(ii) A gas distribution company that distributes natural gas to retail customers; or
34
LC001178 - Page 42 of 44
(iii) A company that distributes both electricity and natural gas to retail customers.
1
42-141.1-4. Program creation.
2
As soon as practicable, and no later than December 31, 2021, the department of human
3
services shall create a program to be known as the "Percentage of Income Home Energy
4
Affordability Program" for the purpose of ensuring that utilities are affordable for low-income
5
households.
6
42-141.1-5. Eligibility.
7
Customers with a household income at or below three hundred percent (300%) of the
8
federal poverty level shall be eligible for the affordability subsidy program under this section.
9
42-141.1-6. Program subsidy credits.
10
(a) The DHS shall inform each utility of the subsidy credit for which each eligible
11
household is qualified.
12
(b) The amount of subsidy credit shall be that amount necessary to reduce the household's
13
home energy burden to an affordable percentage of income as defined in this section.
14
(c) The affordable home energy burden for each eligible household shall be determined as
15
follows:
16
(1) Each household that uses electricity as its primary source of heating shall pay not more
17
than two percent (2%) of its cumulative adjusted gross household income for the cost of electricity;
18
(2) Each household that uses gas for its primary source of heating shall pay not more than
19
one percent (1%) of its cumulative adjusted gross household income for the cost of gas;
20
(3) Each household that does not use electricity as its primary source of heating shall pay
21
not more than one percent (1%) of its cumulative adjusted gross household income for the cost of
22
electricity.
23
(d) The DHS may allocate additional subsidy credits as it deems appropriate for crisis
24
intervention.
25
(e) The DHS may allocate additional subsidy credits to reduce arrearages when needed to
26
bring home energy burdens to an affordable level.
27
(f) Utility companies shall provide a subsidy credit to customers' accounts, such that
28
eligible households pay only the amount of the affordable home energy burden as defined by § 42-
29
141.1-6. The DHS shall designate to utility companies the qualifying customer accounts and the
30
amounts to be credited to those customer accounts.
31
42-141.1-7. Obligations of participants.
32
Participating households shall report, within sixty (60) days, changes in income or financial
33
condition that affect the household's eligibility or need for energy assistance to a responsible
34
LC001178 - Page 43 of 44
administrator in the DHS or in a participating agency.
1
42-141.1-8. Arrearage.
2
A household establishing one year of regular monthly payments under this chapter shall
3
not be required to pay any preexisting arrearage at the end of the one year period and that arrearage
4
shall be forgiven.
5
42-141.1-9. Usage limit.
6
(a) The DHS shall establish maximum usage limits for utility customers eligible for the
7
subsidy program based on such factors as household size, thermal integrity of the household
8
dwelling unit, and average household energy expenditure of a median income household.
9
(b) Under no circumstances may a maximum usage limit be set lower than two hundred
10
percent (200%) of the median Rhode Island household energy use.
11
(c) Energy usage exceeding the limits shall be billed at the prevailing consumer rate for
12
low-income consumers.
13
(d) Conservation may be rewarded with a reduction in the payment percentage required.
14
42-141.1-10. Administration.
15
(a) The DHS shall administer the program, including informing utility companies of
16
applicable subsidy credits, answering consumer inquiries, and keeping appropriate records.
17
(b) The DHS shall annually evaluate the impact of the percentage of income home energy
18
affordability act, including, but not limited to, an assessment of the number of eligible low-income
19
customers who participated in the percentage of income home energy affordability program.
20
42-141.1-11. Severability.
21
(a) If any provision of this chapter is held invalid, the remainder of this chapter shall not
22
be affected thereby.
23
(b) If the application of any provision of this chapter to any person or circumstance is held
24
invalid, the application of such provision to other persons or circumstances shall not be affected
25
thereby.
26
SECTION 11. This act shall take effect upon passage.
27
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LC001178 - Page 44 of 44
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING CONSTRUCTION
***
This act creates the housing jobs department and a series of other initiatives designed to
1
create jobs in housing construction, specifically affordable and low income housing, green and
2
solar energy jobs and programs for low income individuals.
3
This act would take effect upon passage.
4
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LC001178
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