Category Archives for Rhode Island General Assembly

ADU legislation sailing through lower chamber

Published in RINewstoday on February 5, 2024

With the strong support of House Speaker K. Joseph Shekarchi, one of nine cosponsors of H. 7062,  last week the House Committee on Municipal Government and Housing approved a legislative proposal that would be a boost to housing production by helping Rhode Islanders to develop accessory dwelling units (ADUs) on their property. The legislative proposal was approved on a partisan vote of 10-2 with Rep. Brian Newberry (R-Dist. 48, North Smithfield, Burrillville) and Rep. Patricia Morgan (R-Dist. 26, West Warwick, Coventry, Warwick) voting nay. The legislative proposal is expected to be considered by the full House of Representatives the week of February 12.

ADUs (Accessory Dwelling Units), sometimes referred to as in-law apartments or granny flats (not a term we like), backyard cottages, or secondary units, are accessories to existing housing, created as a conversion of part of a house (such as from a walkout basement or garage), an attachment to a house, or a smaller, detached dwelling. They have become increasingly popular around the country in recent years as states and municipalities balance the need to create more housing while preserving the character of residential neighborhoods. 

Seniors, especially, have taken to ADUs as a way to downsize while continuing to live independently in their community. The bill was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been their primary policy goal for several years.

While being a relative is the most common relationship, it should not be a necessary one, with short term rentals are not allowed so ADUs do not function as BNBs. Also, while most commonly intended for seniors facing limited incomes and downsizing needs, ADUs are also popular with professionals or adult children.

Encouraging the development of Affordable Housing

H. 7062, introduced by Rep. June S. Speakman (District 68, Bristol/Warren), chairwoman of the House Commission on Housing Affordability, would boost the state’s housing production by making it easier for homeowners to develop ADUs on their property.  It would give the property owner the right to develop an ADU within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the design complies with local building code, size limits and infrastructure requirements.

The purpose of Speakman’s legislation proposal is to encourage the development of rental units that are likely to be more affordable than many other apartments, and also to provide opportunities for homeowners with extra space to generate income that helps them maintain ownership of that property.

Speakman said the legislation is a small but important part of the much broader effort that the Ocean State must adopt to encourage the development of affordable housing. Since its inception in 2021, she has chaired the Affordable Housing Commission, helping to achieve the passage of 17 bills to help address elements of the housing crisis over the previous two legislative sessions.

To ensure that this legislation achieves its goal of housing Rhode Islanders, it prohibits ADUs constructed under this provision from being used as short-term rentals, and streamlines the permitting process.

“We are experiencing an ‘age wave’ in Rhode Island: one in four people in our state will be age 65 or older within the next several years,” said Shekarchi, the bill’s top co-sponsor in a statement announcing committee passage of H 7062. “ADUs are a great way to give seniors more options so they can age in place. They empower seniors to remain in their own homes, maintaining their independence and privacy, with family members or others in close proximity for additional support if needed. And, with Rhode Island facing a severe housing shortage, ADUs are a great way to add more housing units to our supply without changing the character of a neighborhood. ADUs are a win all around,” he says.

“One of the drivers of our housing crisis is the low construction rate in Rhode Island. Our state has the lowest per-capita construction rate in the whole country,” charges Speakman, the primary sponsor of H 7062, who calls on local and state officials to be creative and be willing to allow construction of housing, particularly affordable, moderate, and small units like ADUs.

Increasing Housing Options in the Ocean State

“ADUs are an excellent option because they are generally affordable to build and to rent. Because they are small and often can be created without even altering the footprint of the existing building, they don’t change the character of their neighborhood. They are mutually beneficial to the renter and the homeowner, who can use the rental income to make their own homeownership more affordable, says Speakman,” stressing that ADUs can allow seniors to age in place, close to their families.

“We should be encouraging development of ADUs, because they offer another housing option for Rhode Islanders and a relatively simple way to make more units available in the near term and help ease the housing crunch in Rhode Island,” observes Speakman.

“Every Rhode Islander needs a safe home that they can afford, and the only way we are going to make that happen is to build more homes,”  adds Speakman, noting that the legislative proposal removes some of the obstacles to building ADUs while respecting municipal land use policies. “Our commission learned that there are many people in Rhode Island who already have space that they’d like to use in this way, but our laws make it complicated. We desperately need housing, so it’s in the public’s interest to make it easier,” she says.

Along with AARP Rhode Island, H.7062 has the support of numerous organizations and agencies, including the Rhode Island League of Cities and Towns, Rhode Island Housing, the American Planning Association Rhode Island Division, Grow Smart RI and Housing Network RI.

In the Upper Chamber

“I am happy to see my colleagues in the House again moving forward to allow more homeowners to utilize accessory dwelling units. ADUs offer the ‘missing middle’ – housing that is smaller, more affordable and smartly repurposes our existing buildings and garages,” says Sen. Victoria Gu (D-Dist. 38, Westerly, Charlestown, South Kingstown).  The Senator is poised to submit a Senate ADU legislative proposal for drafting this week

“Homeowners can be a part of the solution to the housing crisis by creating or converting a garage, basement or shed into an ADU and offering it as a long-term rental. Then they have the benefit of receiving some additional income or housing a loved one. It’s a win-win,” adds Gu.

Sen. Meghan E. Kallman (D-Dist. 15, Pawtucket, Providence), who championed ADU legislation in the Senate last year, is strongly committed to working with Gu, to see an enacted ADU law this session. “In a time of extraordinary housing shortage, we need to be creative. ADUs are excellent choices for seniors or young adults, and offer affordable options for people at different phases of their lives. As we saw in the RISD ADU design competition in January, such buildings can also be very beautiful. I’m looking forward to working with my colleagues in committee and in the chamber overall to get this bill across the finish line,” she says.

Ever since June 2023, a coalition of stakeholders, including housing advocates and the AARP, have met with Senators, including both Gu and Kallman, once a month to strengthen and clarify the ADU bill that the House passed last year. Most of the Senate revisions are technical, but there will be three key differences between the House version and the current Senate draft that must be ironed out. They are:  

•             Allowing municipalities to regulate owner occupancy for ADUs. For example, requiring the owner to occupy either the main house or the ADU.

•             Allowing municipalities to set minimum rental periods for ADUs that are longer than 30 days but not more than one year.

•             Prohibiting the sale of an ADU separately, in terms of ownership, from the main house.

A Final Note…

With enactment of ADU legislation to allow Rhode Islanders do develop this housing option on their property, lawmakers might consider taking a look as to how other states are providing grants to boost its production.  

According to the California Housing Finance Agency, new funding laws incentivize and promote the creation of ADUs by providing grants up to $40,000 to reimburse pre-development and non-recurring closing costs with the construction of an ADU. Pre-development costs include site prep, architectural designs, permits and soil tests, impact fees, property surveys, and energy reports. 

The House and Senate must work out their differences to pass ADU legislation this legislative session, sending legislation to send to Gov. Dan McKee to sign into law.  Lawmakers might consider investigating best practices in other states, like California’s grant program, to make it easier to add much needed housing in Rhode Island. 

Editor’s Note: Reached late Sunday for comment on why she does not support this ADU bill, Rep. Patricia Morgan, wrote, “I believe that each municipality’s planning and zoning boards should have control over land use in their community. This legislation is taking away local control.”

To see testimony presented on Jan. 25, 2024, before the House Committee on Municipal Government Hearing on H. 7062, go to https://capitoltvri.cablecast.tv/show/167?site=1,

To watch the House Committee on Municipal Government and Housing’s vote and passage of H. 7062, held on Feb. 1, 2024, go to https://capitoltvri.cablecast.tv/show/196?site=1or. 

AARP and RISD showcase ADU concepts and designs on Smith Hill

Published in RINewsToday on January 29, 2024

During a 45-minute press conference held Thursday in the Library of the Rhode Island State House, AARP Rhode Island and Rhode Island School of Design (RISD) showcased a RISD student design competition displaying Accessory Dwelling Unit (ADU) designs created by 10 RISD student teams, consisting of 10 students per team.

The ADU concepts were developed following a prompt that RISD and AARP RI posed to Interior Architecture students in November, challenging them to develop creative ADU concepts that would illustrate the range of benefits this housing option can offer for people to age in place at home. Unveiling these ADU concepts at the Jan 25th press conference just one hour before a scheduled hearing of the House Committee on Municipal Government that would hear seven bills related to zoning standards for ADUs was just a coincidence, says AARP Rhode Island State Director Catherine Taylor, noting that the design project began over one year ago.   

One of the scheduled bills, H 7062, reintroduced by Rep. June S. Speakman (District 68, Bristol/Warren), chairwoman of the House Commission on Housing Affordability and strongly supported by House Speaker K. Joseph Shekarchi (District 23, Warwick), would boost the state’s housing production by helping boost housing production by helping Rhode Islanders to develop ADUs on their property. It would provide homeowners the right to develop an ADU within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the design satisfies building code, size limits and infrastructure requirements.

Lawmakers, state officials, municipal planners, affordable housing advocates, members of the AARP Red Rhode Island Team, and aging advocates, gathered in the packed library room to view the well-considered designs unveiled at the press conference. At the conclusion of the event, it was announced that Team Seven’s design concept was selected by a panel of judges.

Advocating for ADU-friendly state zoning laws

“You see here today some truly innovative ADU concepts,” said AARP Rhode Island’s Catherine Taylor, who served as the press conference’s master of ceremonies. “The RISD Interior Architecture students have earned our admiration for both their creativity and their clear understanding of the housing needs of older adults, she said, thanking RISD faculty members – led by Wolfgang Max Rudorf and Elizabeth Debs – who embraced this project.     

“People thinking of downsizing, hoping to be near families and caregivers, or wanting to stay in a familiar community as they grow older, are very interested in ADUs as flexible and affordable housing options,” said Taylor.

“The inspiring work by these talented RISD students will help raise awareness of the many ways ADUs can be designed to meet the needs of older Rhode Islanders and their families,” adds Taylor. “We’re delighted to display these exciting designs at the State House so that lawmakers and their constituents can see for themselves why ADUs make so much sense.”

House Speaker Shekarchi noted that the design proposals were a great way to leverage some of the incredible talent in Rhode Island to find creative solutions to one of the state’s biggest challenges, its housing crisis. “The competition also raises the dialogue – it gets people talking about ADUs, how they can add to our community, and how they can be functional and created,” says Shekarchi.

Looking back, Shekarchi told the packed room that the House passed legislation to make it easier for homeowners to add an ADU to their home. “Unfortunately, it did not pass the Senate, but I’m hopeful we can get it over the finish line this year,” he pledged.

Senator Megan E. Kallman (District 15, Pawtucket, Providence), who sponsored ADU legislation in the lower chamber last year, came to the press conference to “check out some amazing student generated ADU design concepts,” calling ADUs the absolute game changers. “Their benefits extend to all corners of our communities… and people of all ages, from all walks of life.”

Senator Victoria Gu (District 38, Westerly, Charlestown and South Kingston), who is expected to introduce H 7062’s companion measure in the Senate attended the press conference, identifying ADUs as a key component of housing supply. “When you look across the country, ADUs will get people housed in the short term because they are faster to construct or renovate when compared to new construction. We need that solution here now more than ever,” she said.

Like the other speakers, Rep. Speakman observed that “ADUs is an easy idea to run with,” taking allocating her time at the podium to thank and address the RISD students who participated in this project. “Architects often tell me that form follows function. We told you what the function is and you have given us beautiful form.  This helps us to make our case for ADUs to those who are unfamiliar with the form.  They can take a look at your work to see how they can beautifully fit into neighborhoods into yards, notes Speakman, a political science professor who teaches at Roger Williams University.

Marianne Kelly, a legislative advocacy volunteer for AARP who has lived in a few ADUs over the years, sees this housing option as a creative solution to address a housing shortage that disproportionately impacts seniors. “Utilizing existing space to create alternate solutions just makes sense,” she told the attendees.

“In the Interior Architecture department at RISD, we look for opportunities to use design as a way to explore pressing community needs with collaborators who are experts in their fields,” noted faculty member Elizabeth Debs. “AARP has been stellar to work with – in only a few days, students quickly learned important strategies for aging in place, as well as universal design approaches they will be able to use throughout their careers.,” she says.

According to Debs, the sophisticated and nuanced proposals showed an understanding of designing for a range of populations and abilities, and created sensitive, barrier-free designs that focused on well-being. “The students really absorbed the important issues presented by AARP and demonstrated empathy for the different populations that need ADUs through the designs,” she said.

ADU Contest Criteria

RISD Interior Architecture faculty encouraged student teams to create designs with an overall goal of thoughtfully increasing the production of ADUs that support aging in place. Criteria included:

Siting Consider the relationship to primary structure and neighboring lots through design to enhance privacy and a balance between independence, safety, and support. When siting the structure consider paths of access, solar orientation, view lines, impact to the site/landscape, and access to vehicles.

Diverse family and household types Accommodate the needs of older adults, disabled persons, caregivers, and renters.

Age-Friendly Design for aging-in-place by incorporating age-friendly features. The size and use of these dwellings will require that they be single story, and reachable via a graded entry. Proposals should include universal design features and be adaptable over time.

Affordability Encourage designs that are lower cost to construct and maintain to make them financially accessible to households with the widest possible range of incomes.

Sustainability Plan for long term environmental impacts, including initial construction, life cycle considerations, material selection, energy and resource conservation etc.

Innovative construction methods Support new construction and delivery methods, such as panelized, modular, or prefabricated homes.

At a minimum, the ADU designs were expected to include facilities for food preparation and eating, bathing and toileting, sleeping, recreation, storage, utilities, and outdoor use. The building size may vary from a minimum of 350 are feet to a maximum of 900 square feet.

“The AARP Livability Index shows that all communities have room to improve to ensure that residents of all ages are active, engaged, and supported, particularly when it comes to affordable housing options,” said Rodney Harrell, PhD, AARP Vice President of Family, Home, and Community. “Everyone has a role to play – from community members to researchers, to local advocates and policymakers – to help fill the gaps between what people want and need and what their communities provide, so more older adults can live independently.”

“We must reframe how we think about housing as we grow older, and ADUs are part of the equation,” added Taylor. “Aging in community is possible if homes can be modified to accommodate changing needs. Our cities and towns must have housing options that are suitable for differing incomes, ages and life stages. ADUs are one way to accomplish this goal.”

To watch the press conference, go to: https://capitoltvri.cablecast.tv/show/162?site=1.

 

ADUs at RI State House: See RISD designs of Accessory Dwelling Units. Hearing to follow.

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The RI Budget proposal, as seen by our fastest growing demographic, Seniors

Published in RINewsToday on January 22, 2024

This Tuesday, Jan. 16th, Governor Dan McKee officially kicked off the legislative debate on the state’s $13.68 billion FY 2025 Budget in his 48 minute (4,481 word) State of the State address that laid out his spending priorities.  

Over the next six months the General Assembly will hold hearings on the proposed budget blueprint, rewriting it considering state revenues identified during the May Revenue and Caseload Estimating Conferences, and priorities of the legislature.

With passage by the House and Senate and signed into law by McKee, the final FY 2025 Budget will take effect July 1. 

Governor McKee’s budget proposal, which came 2 days after the State of the State, makes funding investments in education, small business, and Rhode Island’s health care system without raising any broad-based taxes. FY 2025 Budget specifics can be found in an article published by RINewsToday on Friday, Jan. 19th – HERE.

With the official release of McKee’s 2025 budget proposal on Thursday afternoon, Jan. 18, his statement along with comments from the top House and Senate legislative leaders were quickly issued.

“The Team Rhode Island budget that I’m sending to the General Assembly today prioritizes programs and initiatives that will help raise the incomes of our fellow Rhode Islanders,” said McKee. 

“By using available resources in targeted and strategic manner, we will continue to make progress on our RI 2030 goals while putting Rhode Islanders to work in good-paying jobs on projects that will pay dividends for decades to come,” he adds.

Legislative leadership

“Over the next several months, Chairman Lou DiPalma and the Senate Finance Committee will conduct a rigorous review of all aspects of the proposed budget through their public hearing process. At this early stage, I am pleased that the budget proposal reflects some of the Senate’s top priorities, including moving our state towards universal public pre-kindergarten, increasing funding for multi-language learners, increasing access to no-cost meals for students, fully funding recommended reimbursement levels for Early Intervention and increasing Medicaid rates,” says President of the Senate Dominick J. Ruggerio.  

“Now that Governor McKee has submitted the budget, our robust review process will begin. Chairman Marvin Abney and the House Finance Committee will soon commence the public hearing process and we look forward to working collaboratively with the Senate and Governor McKee over the next several months. With the federal pandemic funds having been allocated, we must live within our means and carefully scrutinize all spending requests,” says House Speaker K. Joseph Shekarchi.  “The Senate will continue working with all partners and stakeholders to adopt a budget that meets the needs of all Rhode Islanders.” adds the Senate President.

 Aging Groups and Advocates share thoughts

“It was good to see attention to older adults’ financial security by the proposal to increase the amount of pension income that can be exempted from state income taxes which would bring an estimated $500 benefit to about 10,000 persons,” says Maureen Maigret, The Senior Agenda Coalition’s policy advisor and former Director of the RI Department of Elderly Affairs.

“The Governor is looking for ways to increase Rhode Islanders’ incomes and the Senior Agenda Coalition has been working with several partners on a legislative proposal that would save $2,000 a year for many thousands of lower-income older persons and persons on disabilities on Medicare by having the federal government pay the cost of their Part B premiums,” she says, noting that this policy would not only save seniors money they can use for basic living expenses, but would bring millions of dollars into the state economy. It would also make them eligible for a federal program that helps pay for prescription drugs.

“We hope the $10 million in proposed bridge funding for nursing homes will help them to continue to provide necessary services for their vulnerable populations and avoid more closures which are so traumatic for residents,” says Maigret. 

“Although welcome, we had been hoping for more than the modest increase of $200,000 for senior centers as it gets distributed across around 40 senior centers. We know our older population is growing and our senior centers help hundreds of older adults stay healthy and connected to their communities,” adds Maigret.

“With many older adults waiting three months or more to get home care services and the home care worker shortage continuing it is disappointing to see the reimbursement increases recommended by the Social and Human Service Rate Review Study spread out over three years especially when the Executive Office of Health and Human Services had recommended funding the recommended increases over two years. And home care is not only what persons say they prefer but it costs far less to state government than institutional care,” notes Maigret.

“AARP Rhode Island applauds the Governor’s goal of increasing financial security for all Rhode Islanders,” said AARP Rhode Island State Director Catherine Taylor in a statement released days before the release of McKee’s budget blueprint. “Everyone should be able to choose how they live as they age,” she says.

AARP Rhode Island calls on the General Assembly to pass three pieces of legislation that would help to ensure financial security for all. AARP Rhode Island is pushing lawmakers to give all Rhode Islanders access to a retirement savings vehicle. We are pleased that Governor McKee called for the passage of the Secure Choice program, which would provide an optional, voluntary Roth-IRA plan to the 172,000 Rhode Island employees who do not have access to a plan through their employer,” says Taylor.

“The state must stop taxing Social Security benefits,” says Taylor. “We are one of 9 states that still tax these benefits. We encourage legislators to keep more money in the pockets of older Rhode Islanders by eliminating the state tax on Social Security,” she says.

“Lastly, we must reframe how we think about housing as we grow older, and Accessible Dwelling Units (ADUs) are part of the equation,” adds Taylor, urging the General Assembly to pass legislation providing housing options that are suitable for differing incomes, ages, and life stages. “ADUs are one way to accomplish this goal,” she notes.

This budget is an important step forward in helping our industry, says James Nyberg, president, and CEO of LeadingAge Rhode Island, a nonprofit representing providers across the long-term care spectrum from nursing facilities to home and community-based providers. “We appreciate Governor McKee and his staff recognizing our concerns and providing an infusion of funds across multiple settings to support older Rhode Islanders wherever they call home, their families, and our dedicated workforce,” he adds.  This includes the $10 million in stopgap funds to help nursing homes in critical financial distress as they await their permanent rate adjustment effective October 1. 

According to Nyberg, the October adjustment also included in the budget is expected to provide over $60 million in funding to help nursing homes address workforce challenges, the dramatically increased costs of operating their business, and remain financially viable. “We cannot lose any more nursing homes and hopefully this budget will help mitigate that well-documented threat,” he says.  

Similarly, the budget includes the phase-in of rate increases for assisted living residences and adult day providers, per the OHIC recommendations, to support these providers, consumers, workers, and families,” says Nyberg. “We also hope the proposed housing bond will help address the shortage of safe and affordable housing for seniors, the lack of which was highlighted in the Long Term Care Coordinating Council’s recent report entitled “Meeting the Housing Needs of Rhode Island’s Older Adults and Individuals with Chronic Disabilities and Illnesses,”  he adds.

“While there are financial and other challenges that persist, we look forward to working with the Administration and the General Assembly to advance these and any other initiatives to support our long-term care providers, those for whom they care, and their workforce,” says the nonprofit executive director. 

Governor’s budget doesn’t adequately address Seniors’ needs

While aging groups recognize Gov. McKee’s funding provisions that will benefit older Rhode Islanders, one aging advocate calls on the House Finance Committee to beef up funding for seniors in its budget.

“Once again, the senior population of Rhode Island is the fastest growing demographic in the state, and the most neglected,” charges Susan Sweet, former state associate director of the Department of Elderly Affairs and an advocate for seniors facing hardships and low-income difficulties. “The Governor McKee Budget provides no relief for seniors in the proposed 2025 spending plan other than a small gift to nursing homes that may help that senior care industry and a small increase of $200,000 statewide for dividing up among R.I. Senior Centers,” she says.

According to Sweet, seniors receive nothing in the budget other than a proposed tax reduction of “pension and annuity income” to begin in calendar year 2025.  In other words, nothing for this year.  She notes that the current exemption would be raised from $20,000 to $50,000 while the state remains currently only 9 of 50 states that tax Social Security and a minority of states that tax retirement pensions.

“There is also not one cent for retirees who had their pensions frozen in 2011 and have been stripped of their contracted pension benefits of a Cost of Living Adjustment (COLA) each year which they were required to sign and to contribute to from their pay each year of employment,” she says.

“Just down the road in our neighboring state of Massachusetts, there is no state income tax for Social Security or pensions. Their proposed budget includes a new $2,400 per senior payout for housing assistance, rental, or ownership costs,” says Sweet. During the State of the Commonwealth speech just one day after RI Governor McKee touted his Team RI game plan, a representative of the (Massachusetts) Senior Action advocacy group was invited and recognized as a leading voice in enabling seniors to stay in their homes with cash assistance from the state, she noted.

As the founder of the R.I. Minority Elder Task Force which provides financial assistance to poor RI elders in dire circumstances, Sweet regularly sees the neglect of seniors without adequate resources for the basic needs of life. “This is not a senior-friendly state, and this is not a senior friendly budget,” she states. 

Expect aging groups and advocates to gear up to push for their senior legislative priorities in the upcoming months. The budget debate now begins.

To listen to Gov. McKee’s State of the State Address on the FY 2025 Budget, go HERE. 

Details of Gov. McKee’s FY 2025 Budget. Go HERE.

To read Gov. McKee’s FY 2025 budget proposal (H 7225), go HERE.