New Legislative Commission to work on improving programs, services to seniors 

Published in RINewsToday on June 19, 2023

During May, designated as Older Americans Month, the Rhode Island House of Representatives approved H 5224-SUB A, sponsored by House Deputy Majority Leader Lauren H. Carson (D-District 75, Newport), creating a legislative commission to study the services and programs for 240,000 older adults in Rhode Island – and to make recommendations for ways to improve and coordinate them. The number of seniors is expected to skyrocket to almost 265,000 by 2040, constituting an increase of nearly 75% since 2010.

On May 11, 2023, over three months since the resolution was dropped in the legislative hopper, it passed by a whopping bipartisan vote of 69 to 0 (with 6 members absent). There was no opposition to H 5224- SUB A from any organization. It seems that any House lawmaker or organization opposing this resolution would also oppose “motherhood and apple pie.”

With a number of House GOP concerns addressed in the state’s $14 billion budget, House Minority Leader Michael Chippendale directed his caucus to support passage. The House Republican Caucus also unanimously voted for H5224 – SUB A, and fully supported the mission of a legislative commission which is charged with collecting and analyzing the current state of affairs in regard to Rhode Island’s growing senior population.

Carson’s resolution calls for “a collaborative study of Rhode Island’s current services, and recommendations for potential initiatives that would help residents, agencies, providers, and the government to better assist the growing population of older adults in our state achieve well-being and maximum independence in ways that value, empower and engage them,” adding that such an effort is essential to the state’s future resilience and prosperity.

According to House Communications Director Larry Berman, 21 House legislative Commissions will be operational when Carson’s legislative commission becomes operational. The House Policy Office will staff the Commission.  The number of meetings (open to the public) has not yet been determined. The meeting agenda will be determined by its Chair, with input provided by the 16 Commission members, House lawmakers, members of the public, and aging advocates. 

Because H 5224 – SUB A only creates a House legislative commission, there is no need for a companion measure to be introduced in the Senate,” says Berman who notes that this Commission will begin in the Fall of 2023. It is charged to report its findings and recommendations to the House of Representatives no later than May 7, 2024. The Commission would then expire on August 7, 2024.

Providing a Road Map to Fix Systemic Policy Flaws

“This commission will provide valuable information to the House next year to provide a roadmap for providing service and programs for older Rhode Islanders, including funding options that will be strongly considered,” stated House Speaker K. Joseph Shekarchi  (D-Dist. 23, Warwick), after passage of the special legislative committee.

“We have had excellent results with other commissions that have studied housing and shoreline access that have led to legislation that the General Assembly has adopted.  Representative Carson is an extremely thoughtful and dedicated legislator who will work hard with commission members to develop great plans for the future,” says Shekarchi.

“Rhode Island should invest much more than we do in services that enable people to age in place and safely remain in their communities. Those services are far more cost-efficient overall, and encourage an active, more fulfilling lifestyle for people as they age. Considering that nearly a quarter of our population is over 60, and Baby Boomers will continue to swell those ranks, now is the time,” said Carson. “This commission will take a look at the services we have, how we could improve and better coordinate them and offer them to more individuals, where the gaps and needs are, and what we need to do to better enable our population, as we grow older, to safely remain in the community and lead full lives,” she says.

The 16-member commission, all appointed by the House Speaker, will include three members of the House of Representatives, two Rhode Island residents over the age of 65, three directors from the Rhode Island Senior Center Director’s Association, a community action program director from the Rhode Island Association of Community Action Agencies, a member of the Long-Term Care Coordinating Council, and a member of a Rhode Island organization representing adults with disabilities.

In addition, the directors of the Office of Healthy Aging, the Department of Health, AARP Rhode Island, Age-Friendly RI and the Senior Agenda Coalition of RI or their designees will participate.

H 5224 – SUB A instructs the commission to study key statistics about services for older adults in Rhode Island, examining strengths, vulnerabilities, and demographic and financial statistics; assess the current state, federal and local services currently available, as well as any duplication of services; recommend ways to coordinate services within agencies and focus on better service delivery, including housing options and various living arrangements, health status and health care resources; provide recommendations for the creation of a portal to coordinate aging services in employment, education, independent living, accessibility and advocacy, as well as local older adult centers and services; provide recommendations on mental health, transportation, food access, and health care; provide recommendations for the funding of services through state, federal and private grants and for more efficient distribution and use of these dollars; and explore more regionalization of services.

Towards the Creation of a Strategic State Plan on Aging

“The newly established legislative commission to study the services and programs for our rapidly growing older population can become the launching pad for the state to move forward to create a multi-sector Strategic State Plan on Aging to coordinate Rhode Island’s programs and services for older Rhode Islanders, says Maureen Maigret chair of the Aging in Community Subcommittee of Rhode Island’s Long-Term Care Coordinating Council who also serves as a policy consultant and board member of the Senior Agenda Coalition of RI.  She notes that 10 states have already developed this “master plan” and she hopes Rhode Island will also join their ranks. 

At the Senior Agenda Coalition  of RI’s August 2022 Gubernatorial Forum, she warned that the state’s aging and long-term services were fragmented, spread across a number of state agencies, charging that these agencies often lacked stable leadership and a coherent and overarching vision. Creating a Strategic Plan on Aging builds on work being done now by the Office of Healthy Aging and Subcommittees of the Long Term Care Coordinating Council, and would be a fix for this,” says Maigret. 

According to Maigret, at the August Forum Gov. Dan McKee stated he would issue an Executive Order for initiating a Master Plan on Aging, but that has not happened. Aging advocates are still waiting for this to happen.

“We look forward to joining with older-adult focused direct service, advocacy, non-profit, and state colleagues, and older adults themselves, to discuss how Rhode Islanders want to age and what we can build collectively to make that possible, says Director Maria Cimini, of the state’s Office of Health Aging (OHA).

“At the OHA we are thrilled there is interest and a commitment of time and resources to understand and plan for our state’s aging population, from where we sit, this opportunity will equip us to advocate for policies that empower and uplift our senior population, fostering dignity, purpose, and respect for all older adults,” adds Cimini.

Don’t Forget the Rhode Island’s Poor and Minority Elders

Susan Sweet, long-time advocate for poor and disadvantaged elders and the founder of The R. I. Minority Elder Task Force which provides limited financial assistance to low-income seniors in crisis reports: “We are seeing a large uptick in elders in crisis situations lacking basic needs such as food, utilities, housing, and personal items. Minority group members, immigrants, retirees as well as general population seniors are suffering more intensely since Covid, inflation, and lack of affordable housing matters have exacerbated the existing poverty among elders. In particular, homelessness among elders is at a peak we have not seen before.”

Sweet is hopeful that this new Legislative Commission will consider and react to the particularly difficult situations that confront the poor and minority elder populations. “I have seen many plans for services to elders that either ignore or do not implement agenda items addressing these populations and I hope that this commission will prioritize the severe privations that they face on a daily basis,” she says.

“With the lessons learned over the past 2 years and the devastating impact of COVID on our older adults, it’s critical that we reexamine our aging infrastructure, the needs for services, and the local service capabilities to this growing population,” Vin Marzullo, who served 31 years as a career federal civil rights & social justice administrator at the National Service agency.

“A serious, adult conversation is long overdue with the aging community, service providers and lawmakers about designing our plan for a more “Age-Friendly” RI, – which supports local senior centers as the local hub for the delivery of services,” suggests Marzullo.

The nursing home industry supports the mission of the newly enacted legislation committee. “Included in their charge is to, among other things, provide recommendations regarding available health care services.  Rhode Island’s nursing facilities play a vital role in health care for our older adults – providing care and services to over 18,500 seniors each year.  Many of these individuals are provided with short-term skilled nursing, physical, occupational and/or speech therapy following a hospitalization – enabling them to safely transition from the acute hospital level of care back home with continued services,” says John E. Gage, President and CEO of the Rhode Island Health Care Association.

“Of course, every Rhode Islander wants to remain independent, healthy and in their home for as long as possible.  When this is no longer viable, however, our state needs a strong spectrum of care, including home care, assisted living residences and skilled nursing facilities to support them as their care needs change.  Workforce is perhaps the most daunting challenge facing these health care providers, and this will need to be a focus for years to come,” notes Gage.

H 5224 A cosponsors are Representatives Samuel A. Azzinaro (D-District 37, Westerly), Thomas E. Noret (D-District 25, West Warwick), Susan R. Donovan (D-District 69, Bristol, Portsmouth), House Majority Whip Katherine S. Kazarian (D-District, East Providence), Karen Alzate (D-District 60, Central Falls, Pawtucket), Jason Knight (D-District 67, Barrington, Warren),  and Kathleen Fogarty (D-District 35, South Kingston.

A copy of H 5224 A may be accessed here: http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5224A.pdf.

The House Floor vote (5/11/23) – 48 minute 48 second mark may be accessed here: https://ritv.devosvideo.com/show?video=d12583542bad&apg=84a99049.

The Health & Human Services Committee heard this resolution on March 15, 2023.  See the 1hour and 50-minute hearing by going to https://ritv.devosvideo.com/show?video=e3ea82fcb949&apg=6aae3d42

Herb Weiss, LRI -12, is a Pawtucket-based writer who has covered aging, health care and medical issues for over 43 years.  To purchase his books, Taking Charge: Collected Stories on Aging Boldly and a sequel, compiling weekly published articles, go to herbweiss.com.

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 NetworkRI 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.