Category Archives for Rhode Island General Assembly

House passes legislation to encourage the construction of ADUs

Published in RINewsToday on May 29, 2023

Rhode Islanders will be able to develop accessory dwelling units (ADUs) on their property under legislation sponsored by Rep. June S. Speakman (D-District 68, Bristol/Warren) and approved by the House. When the dust settled, H 6082 Aaa was passed by a vote of 61-10.  Of the 10 who voted against, 8 were Republicans and 2 were Democrats.  

Speakman had the backing of Speaker K. Joseph Shekarchi and his leadership team.  The legislation is co-sponsored by Majority Whip Katherine Kazarian (D-District 63, East Providence, Pawtucket), who is the number three ranking member in House leadership, and also by Chairman Stephen Casey (D-District 50, Woonsocket), who chairs the House Municipal Government and Housing Committee where the bill is still being considered. Speakman chairs the House Commission on Low- and Moderate-Income Housing, as well.

Other cosponsors of the ADL legislation are: Rep. Megan Cotter (D-District 39, Exeter, Richmond); Rep. Jason Knight (D-District 67, Barrington; Rep. Susan R. Donovan (D-District 69, Bristol and Portsmouth; Rep. Teresa A. Tanzi (D-District 34, Narragansett, South Kingston); Rep. Cherie Cruz (D-District 58, Pawtucket); Rep. Terri Cortvriend (D-District 72, Middletown, Portsmouth). A similar bill (2023-S 1006) has been introduced in the Senate by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

House lawmakers give thumbs up to ADUs

AARP Rhode Island’s successful efforts to enact ADL legislation last year gives more zoning flexibility to the types of structures and arrangements that would quality as ADUs.  During the 2023 legislative session, the state’s largest aging group working closely with House lawmakers, aging and housing groups to advance H 6082 Aaa to make further tweaks to allow more Rhode Islanders to make further improvements to their homes by giving them an opportunity to develop ADUs on their property.   

The ADU legislation was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been a primary policy goal for several years.

A video on ADUs from AARP: https://www.facebook.com/AARPRI/videos/1010939269550548/

With the passage of H 6082 Aaa, part of the 14-bill housing package backed by Shekarchi to encourage housing production, the Senate begins its debate on a companion measure (S 1006), introduced by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

ADUs, sometimes called “in-law apartments” and “granny flats,” are accessories to existing housing, either as a conversion of part of a house (such as with a walkout basement), an attachment to a house or a smaller, detached dwelling. They have become increasingly popular around the nation in recent years as states and municipalities grapple with expanding the existing housing stock while preserving the feel of residential neighborhoods. Seniors, especially, have taken to ADUs as a way to downsize their living space while staying independent in the community they love.

The bill 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.

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

Combatting the Housing Crisis

“For many people, especially single people and older adults, ADUs provide just enough space and could be a more affordable option than a larger, traditional apartment. For some, they might make it possible to stay in their neighborhood or near family members after downsizing from their own home, or they might be an opportunity to live in a neighborhood where apartments are scarce or are otherwise out of their price range,” said Speakman in a statement announcing the passage of H 6082 Aaa. “We need more rental units of all types in our state, and making it easier for homeowners to use their extra space in this manner is an avenue that will help develop some in relatively short order without altering anyone’s neighborhood or requiring new, expensive construction,” she said.

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

“Our housing crisis is very complex, and we must be creative and identify all the tools we can to create housing that makes the most of our resources. This particular bill 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,” said Speakman. “This is a step in the right direction toward a goal that is going to require a cooperative effort across the state for years into the future,” she adds.

Speakman considers H 6082 to be a small but important part of the much broader effort that Rhode Island must adopt to encourage the development of affordable housing.

Strong support for creating ADUs

In her testimony before the House Municipal Government and Housing Committee where the bill is the being considered (before passage on the House floor), AARP Rhode Island State Director Catherine Taylor stated that passing H 6082 Aaa would be a “great step forward” to improve the existing ADU legislation and to provide municipalities with guidance on how to apply the law in their locality.

ADUs can potentially improve the lives of seniors, caregivers, and people of all ages, too, says Taylor. According to AARP Rhode Island’s November 2021 Vital Voices survey over 54% of Rhode Islanders over age 45 would consider creating an ADU if the space was available. In addition, a strong majority (84%) of Rhode Islanders aged 45 and over strongly or somewhat support town ordinances that makes it easier for property owners to create an ADU. “Allowing ADUs by right where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure will provide the housing options and security that Rhode Island residents are looking for,” notes Taylor.

In addition to the AARP, the bill 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, RI Realtors, and Housing Network RI.

Although there was no opposition at the committee hearing for the legislative proposal, the House GOP caucus supports the concept, but expressed concerns about its impact on Rhode Island communities.  When the legislative proposal came to the House Floor no Republican lawmakers voted for H 6082Aaa.

GOP supports ADU concept but opposes passage as written

“While ADUs have been a fabric of housing throughout Rhode Island including the rural districts that I represent, they bring with them some concerns that should not be overlooked,” says House Minority Leader Michael Chippendale (R-District 40, Foster, Glocester).” The current proposal can be modified into an effective tool to help combat the housing shortage, but it requires input from all of our municipalities – particularly those like the ones in my remote district,” he notes.

Chippendale says that this legislative proposal currently before the Assembly isn’t inherently bad, but it needs to consider the challenges it creates for all 39 municipalities. “For example – if there is not sufficient off-street parking, which this bill severely limits, towns like Foster, Glocester, Western Coventry and others can have problems. Issues such as snow plowing an already narrow roadway, the passage of large vehicles such as fire trucks, garbage trucks and others that can be impacted by cars parking on the roads.  Further, they can represent a drain on limited resources such as drinking water when more people are being allowed to draw from an existing aquifer that may already be operating under duress. The same applies to neighborhoods that have water districts with limited water supply,” he adds. 

With Speakman’s ADU Legislation passed on the House floor, it is now time for the Senate to act and pass its companion measure.  Expanding ADUs in Rhode Island communities is sound housing policy that will provide access to much needed housing. Yes, it is the right thing to do.  

To download a copy of AARP Rhode Island’s “The ABCs of ADUs,” watch a Tutorial on ADUs and find other resources, go to: www.aarp.org/RIADU.

The last hurrah for RI retired pensioners

Published in RINewsToday on May 22, 2023

To this day, talk to any state worker or teacher who retired and they are not happy campers. To the contrary, they remain bitter as to how former Governor Gina Raimondo sold them out with her version of pension cuts in 2011 when state retirees, retired teachers, and many municipal retirees had their annual pension Cost of Living Adjustments (COLAs) suspended, and public workers had to trade in part of their defined-benefit pension plan for a 401 (k) style benefit, putting their retirement at risk. 

Four days ago, just like abortion and gun control legislation, pension change filled Room 35 to capacity with retired teachers and state workers calling for the Rhode Island General Assembly to bring back Cost of Living Adjustments (COLAs) to the retirees’ pensions.  The Clifford Group, Citizens for Pension Justice, and the Facebook Group, Advocates for COLA Restoration, successfully mobilized their retiree members to come to the House Finance Committee (HFC) held on May 18, 2023.

Putting the spotlight on three pension proposals

Currently there are at least 11 bills in the legislative hopper retgarding COLAs for state workers and teachers and the HFC heard testimony on many of these bills. These bills were held for further study in Committee. According to RI General Law Title 36-20-39 any proposed bills impacting the retirement system shall not be approved by the General Assembly unless a “pension impact note” is appended to the proposed legislation.  At press time this has not occurred.

Here are three of the pension bill fixes considered at last Thursday’s HFC:

Kicking off the over three-hour long hearing Rep. David A. Bennett (D-District 20, Warwick) called for HFC’s 15 members to pass H 5038, a bill that would restore the COLA to state employees and other RI pension system members  who retired prior to July 1, 2012.

Looking back when he was a freshman lawmaker in 2011, Bennett remembers voting to eliminate the retirees’ COLA because the administration told him that keeping the COLA would bankrupt the state and nullify all contracts.  “This is the only bill I have strong regrets voting for and it affected a lot of people, some of them already deceased,” he said. 

“It’s a shame and I wish I would never have voted yes to taking away the retirees’ COLA” says Bennett. With the cost of living continuing to increase, people need a COLA,” admits Bennett, noting that they had a contract ensuring a COLA when they retired. “When you retire your pension should be protected,” he says.  

Like Bennett, Rep. Patricia A. Serpa (D-District 27, Coventry, Warwick and West Warwick) expressed concerns about her vote to eliminate the retirees’ COLA over 12 years ago. Serpa told the HFC that “valuable actuarial information was withheld” and that she was “misled back in 2011” about the financial condition of the state’s pension system. 

Serpa acknowledged that many of her former colleagues are suffering because of her “terrible” vote. ”In all of my time it was the worse vote I ever, ever took.  I will never ever, ever, ever again take a vote like that against retired teachers or retired state employees,” she pledged.

“I have spoken to a number of people since that vote.  People I respect.  People with degrees in accounting and they have clearly indicated that the pension fund could easily have been amortized and left almost whole,” says Serpa. 

Serpa is the sponsor of H 6295 which provides a one-time stipend of 3 percent of retirees’ first $30,000 for all teacher and state retirement members, including many municipal systems retirees. This stipend, coming from the state’s General Fund, may be renewed annually by the General Assembly based on the state’s fiscal status. 

H 6295 would at least provide temporary relief to the retirees,” says Serpa, admitting that she is “not married to her bill” and has signed onto every pension bill that has come before her.  “I have been here long enough to know that if you have only one idea in the hopper you have no cards to play with”, she says. “We must put the ideas out there to start a conversation. and we have to take action soon,” notes Serpa. 

State Treasurer James Diossa  requested Rep. William O’Brien (D-District 54, North Providence) to introduce bill H 6006 that would provide a one-time allowance of $500 for eligible members of the employees retirement system of Rhode Island.

“H 6006 provides meaningful relief to those struggling to buy gas or groceries,” says Diossa, noting that over 30,000 retired teachers, state and municipal employees would benefit from passage. “This bill would not impact the pension system like other COLA restoration and stipend proposals would,” he said, stressing it would provide relief while maintaining the stability of the pension funds.  Diossa acknowledged that many might be frustrated knowing that it’s a stipend only and not a COLA.

To watch the May 18, 2023 hearing of the House Finance Committee, go to https://ritv.devosvideo.com/show?video=f66975520d59&apg=52ab780b.

Retirees weigh in

According to W. David Shallcross, a former Cranston teacher and retired Lincoln school principal, many Rhode Island state workers and teachers do not receive Social Security coverage. The state pension system was established in 1936 as an alternate Social Security plan. The state required by Rhode Island law that every teacher and state worker must participate and that the employer, the state, like all employers, must contribute.

Shallcross stressed that to teachers and state workers “this is not free money, it is money they ‘banked by RI law’ to sustain them when they retire. They contributed a significant portion of their wage as long as they were employed.

“Today’s dollar is only worth 68 cents compared to the 2012 dollar. Yearly, Social Security adjusts benefits based on the cost of living in the preceding year. Rhode Island has done nothing in this regard for retirees in the last 10 years. Yet our legislators continue to enjoy the COLA first awarded them in 1995,” he charged.

Retired State Employee Santa Priviter strongly supported the passage of H 5038, opposing any retirement bills [considered by the HFC] which offer a one-time stipend and/or distribution schedules for pension benefits. “Those other bills would still maintain the RI Retirement Security Act formula which effectively eliminates retirees’ inflation protection,” she says.

“A one-time taxable stipend worth about $1.00 per day for one year – or 25 cents per day for 4 years – is not a COLA because it doesn’t offer continuing, real relief against inflation.  H 5038 does,” notes Priviter.

“Our newly elected treasurer has offered a $500 onetime stipend.  How utterly insulting.  What can $500 buy?”  asks Lorraine Savard, a teacher who retired in 2004.  “The millions in this years’ financial state surplus can be used to give teachers and state workers a much needed financial boost. If not the return of our COLAs, then other creative compensations, for example a reduction in state income tax on state pensioners,” she urges.

“As you know, since 2012 the value of our pension benefits has decreased by 30%”, said Brian Kennedy, a former state worker employed for over 30 years at Rhode Island’s Division of Personnel at the Office of Human Resources.  “In the same time period, the State Budget has increased from $7.7 billion  to $13.7 billion,” he says.

Kennedy acknowledged that it is highly unrealistic to consider being reimbursed all the COLA monies owed, as some other bills provide, but he urged the HFC to consider adjusting the 2012 base for computation of the go-forward COLAs.  That base should be increased by the inflation rate from 2012 to the current time in order to reflect 2023 dollars.

According to Kennedy, in dollar amounts, the average individual “increase” over the last ten years is roughly $10/month. “Our pensions reflect 2012 benefits paid with 2023 dollars, a windfall for the state, but an insult to the retirees,” he says.

“Is there anything more sinister than mandating a “reform” program with a twenty year finish line to elderly retirees with a twenty year mortality rate?  Coincidence?” he quips.

Patricia E. Giammarco, from Citizens for Pension Justice, agrees with Kennedy’s assessment that it is now or never. “It’s abundantly clear that the state will be spending less and less on COLAs until it reaches the illusory 80% funding, when most pre-2012 retirees will be dead.  To ask us to continue to subsist on virtually nothing, only to receive that virtually nothing once a year or once every four years, is not only highly suspect, I feel it is downright treacherous,” she says.

Giammarco ends her testimony by stating: “You can disguise a pig and bring it to market trying to sell it as a cow, but in the end, it’s still a pig.  I would ask this body to absolutely reject the offerings of any false prophets and to do the only thing that is ethically, morally, and legally acceptable when viewed in the totality of the circumstances.  Support H 5038 and return to the retirees who retired prior to July 1, 2012, that which should never have been taken away – their contractually guaranteed 3% compounded COLAS.”

Susan Sweet, a former state associate director of the Department of Elderly Affairs and an advocate for seniors facing hardships and low-income difficulties, remembers being part of the original group opposing the pension cuts and the broken retiree contract and being told by the state arbiters that the pension cuts were entirely political, not financial.  Members of the General Assembly were deceived regarding the need and impact of the cuts.  No other state has taken benefits away from already retired workers who have fulfilled their side of the contract. Two tried but were struck down by their courts.

“A Rhode Island Superior Court ruling states that a COLA and a pension are “one and the same” and ‘not gratuities’, Sweet quotes, “and the General Assembly was advised otherwise even though the state’s actuary advised against this. How long will this injustice continue? House bill H 5038 and the companion bill in the Senate which is identical, S 0564, are the most reasonable and responsible pieces of legislation being considered.  I urge all Representatives and Senators to pass this legislation before it is too late to benefit the retirees who were dealt this terrible blow to their later years.”

The clock is ticking… with the state’s now-estimated surplus of $500 million plus and millions received from the Wells Fargo settlement, it’s time to act now.  The General Assembly must not continue to kick the can down the road until the can is destroyed and the retirees are all dead.

General Assembly considers “Granny Flats” proposal

Published in RINewsToday on April 24, 2023

By Herb Weiss

After AARP Rhode Island’s successful efforts to pass legislation last year, giving more flexibility to the types of structures and arrangements that would quality as accessory dwelling units (ADUs), during this year’s legislative session the state’s largest aging group is working closely with state lawmakers, aging and house groups to advance H 6082. Introduced by Rep. June Speakman (D-District 68, Bristol/Warren), the bill makes further improvements to enable more Rhode Islanders an opportunity to develop ADUs on their property. 

ADUs, sometimes called “in-law apartments” and “granny flats,” are accessories to existing housing, either as a conversion of part of a house (such as with a walkout basement), an attachment to a house or a smaller, detached dwelling. They have become increasingly popular around the nation in recent years as states and municipalities grapple with expanding the existing housing stock while preserving the feel of residential neighborhoods. Seniors, especially, have taken to ADUs as a way to downsize their living space while staying independent in the community.

H 6082 was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been a primary policy goal for several years.

Encouraging the Construction of ADUs

H. 6082 would provide homeowners the right to develop an ADU on any lot larger than 20,000 square feet, provided that the design satisfies building code and infrastructure requirements. H 6082 would also provide homeowners on lots smaller than 20,000 square feet to construct an ADU within the existing footprint of the primary structure or existing secondary attached or detached structure that does not expand the footprint of the structure, provided that the design satisfies building code, size limits and infrastructure requirements.

The purpose of H. 6082 is to encourage the development of rental units that are likely to be affordable, and also provide opportunities for homeowners with extra space to generate income that helps them maintain ownership of that property.

To ensure that the bill achieves its goal of housing Rhode Islanders, the legislation prohibits ADUs constructed under this provision from being used as short-term rentals and streamlines the permitting process.  Speakman considers H 6082 to be a small but important part of the much broader effort that Rhode Island must adopt to encourage the development of affordable housing.

“Our housing crisis is very complex, and we must be creative and identify all the tools we can to create housing that makes the most of our resources. This particular bill removes some of the obstacles to building ADUs while respecting municipal land use policies,” says Speakman in a statement announcing her sponsorship of the ADU legislation.

“For many people, especially single people, and older adults, ADUs provide just enough space and could be a more affordable option than a larger, traditional apartment. For some, they might make it possible to stay in their neighborhood after downsizing from their own home, or they might be an opportunity to live in a neighborhood where apartments are scarce or are otherwise out of their price range,” notes Speakman, calling for more rental units.

“Accessory dwelling units are a great option to enable seniors to live at home independently and with dignity near their loved ones. They are also a very simple way to increase housing stock. Like several of the other pieces of legislation in the housing package I’ve put forward this year, this bill was developed based on feedback: in this case, from AARP, who made the ADU legislation one of their top priorities for this session,” stated House Speaker K. Joseph Shekarchi (D-District 23, Warwick). “I am proud to support and co-sponsor this legislation because I know what a difference it will make for many seniors in Rhode Island to safely age in place,” he said.

Hearing puts spotlight on housing bills

On March 16th, the Municipal Government and Housing Committee held a hearing on H 6082, part of a 14-bill housing package had earlier in the month by Shekarchi to encourage housing production. The legislation in the package stems from the work of the House Commission to Study the Low and Moderate Income Housing Act, which Speakman has led since its inception in 2021, and another commission studying all aspects of land use and development.

In her testimony, AARP Rhode Island State Director Catherine Taylor stated that passing H 6082 would be a “great step forward” to improve the existing ADU legislation and to provide municipalities with guidance on how to apply the law in their locality.

ADUs can potentially improve the lives of seniors, caregivers, and people of all ages, too, says Taylor. According to AARP Rhode Island’s November 2021 Vital Voices survey over 54% of Rhode Islanders over age 45 would consider creating an ADU if the space was available.  In addition, a strong majority (84%) of Rhode Islanders aged 45 and over strongly or somewhat support town ordinances that makes it easier for property owners to create an ADU.

“Allowing ADUs by right where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure will provide the housing options and security that Rhode Island residents are looking for,” notes Taylor.

Warwick resident Keri-Lynn Edge and her husband contemplated building an addition on her property for her widowed mother who required constant care and assistance with activities of daily living. “Buying a home or condo, even if closer to us, would leave us in a similar predicament. It would take me away from my home to care for her and handle her affairs. So, an ADU seemed like the perfect solution,” she told the Committee. 

“Unfortunately, I am currently at a standstill with how to progress, and I am hopeful that this talk of ADUs comes to fruition,” says Edge, noting that the City of Warwick only allows one dwelling on a property and even though it is aware of H 6082 it won’t authorize building of ADUs until legislation is enacted.

In comments, retired Registered Nurse Timothy Tobin spoke of his long-standing plan to build an ADU on his daughter’s property in Bristol to live closer to her and his five grandchildren. Ultimately, he found out that in Rhode Island’s economic climate, specifically in his town, this project was too costly. “Between restrictive town and state building codes and very high prices for the actual building to comply with the codes, our dream is all but dashed,” he said.

RI Housing, the Housing Network, RI Realtors, and the Rhode Island Chapter of the American Planning Association (offering comments to make the bill clear) submitted testimony supporting the expansion of ADUs. Governor Dan McKee, sending his blessing and support for the passage of H 6082, noted it will “clarify and noting that it will streamline permitting processes, standardize notice and advertising requirements, and incentivize creative ways to build more housing in Rhode Island.   

And RI AARP members sent dozens of emails from all corners of the state urging the Municipal Government and Housing Committee to pass the ADU legislative proposal, too.

Although there was no opposition at the committee hearing for the legislative proposal, the House GOP caucus supports the concept, but expressed concerns about its impact on Rhode Island communities.  “While ADUs have been a fabric of housing throughout Rhode Island including the rural districts that I represent, they bring with them some concerns that should not be overlooked,” says House Minority Leader Michael Chippendale (R-District 40, Foster, Glocester).” The current proposal can be modified into an effective tool to help combat the housing shortage, but it requires input from all of our municipalities – particularly those like the ones in my remote district,” he notes.

Chippendale says that this legislative proposal currently before the Assembly isn’t inherently bad, but it needs to consider the challenges it creates for all  39 municipalities. “For example – if there is not sufficient off-street parking, which this bill severely limits, towns like Foster, Glocester, Western Coventry and others can have problems. Issues such as snow plowing an already narrow roadway, the passage of large vehicles such as fire trucks, garbage trucks and others that can be impacted by cars parking on the roads.  Further, they can represent a drain on limited resources such as drinking water when more people are being allowed to draw from an existing aquifer that may already be operating under duress. The same applies to neighborhoods that have water districts with limited water supply,” he adds. 

Ultimately, no action was taken at the hearing, noted House Communications Director Larry Berman, noting that it’s the usual practice to receive input at the first hearing. “We expect a second hearing to be held in the coming weeks in which it will likely be voted on and moved to the full House for consideration,” he said.

According to Berman, the Senate has not yet duplicated this bill, but he anticipates that the upper chamber will before the end of the session in June. “It won’t be included in the budget because it doesn’t have a fiscal impact on the state,” he stated, noting .

Speakman has backing from House leadership.  In addition to Speaker Shekarchi, it is co-sponsored by Majority Whip Katherine Kazarian of East Providence, who is the number three ranking member in House leadership, and also by Chairman Stephen Casey of Woonsocket, who chairs the House Municipal Government and Housing Committee where the bill is the being considered.  Of course, Speakman chairs the House Commission on Low and Moderate Income Housing as well.

Other H 6082 cosponsors are: Rep. Megan Cotter (D-District 39, Exeter, Richmond); Rep. Jason Knight (D-District 67, Barrington; Rep. Susan R. Donovan (D-District 69, Bristol and Portsmouth; Rep. Teresa A. Tanzi (D-District 34, Narragansett, South Kingston); Rep. Cherie Cruz (D-District 58, Pawtucket); Rep. Terri Cortvriend (D-District 72, Middletown, Portsmouth).

While the House mulls over Speakman’s legislative proposal, Smithfield just passed an ADU ordinance allowing property owners of single-family and multi-family homes to construct ADUs up to 900 square feet.  Other communities might consider following this community’s lead. 

With strong support of House Democratic caucus and no fiscal impact on the state coffers, there’s a very good chance that H 6082 might just make it to the legislative finish line.  Now it is time for the Senate to quickly act and pass a companion measure.  Expanding ADUs in every Rhode Island community is sound housing policy that will provide access to much needed housing. It’s the right thing to do.