When the dust settles. Looking back at 2024’s legislative days

Published in RINewsToday on June 24, 2024

Over a week ago, after being in session for 49 legislative days (opening day was Jan. 2, 2024), the Rhode Island General Assembly held its final session at 4pm on June 13, 2024, and ended at about 1:30am on June 14, 2024. During this year’s legislative session 1,167 bills and resolutions were introduced in the Senate, and 1,369 in the House. This total does not include Resolutions, which were  congratulatory in nature or noted prominent Rhode Island residents who have passed away.

With the dust settling at the end of this year’s session, there were 249 bills that passed both the House and Senate, and that are now sitting on Gov. Dan McKee’s desk for his signature to enact, or to pass without signature, or to be rejected.

“This was an outstanding legislative year for Rhode Island’s seniors,” observes House Speaker K. Joseph Shekarchi (D-Dist. 23, Warwick). “In addition to all the investments for seniors made in the state budget that has been signed by Governor McKee, there were excellent bills that will be of great benefit to our aging population, he says. 

Attacking the housing crisis head on

In a joint statement, the House Speaker and Senate President Dominick Ruggerio said, “It is critical to attack our housing crisis from many different angles. Allowing ADUs in other states has been proven to make a significant impact by immediately increasing available housing supply.  We are confident that ADUs will be beneficial for the many Rhode Islanders who need flexibility in housing options, particularly seniors wishing to age in place in their communities,” they say.

Shekarchi points out the enactment of ADU legislation sponsored by House Commission on Housing Affordability Chairwoman June S. Speakman (D-Dist. 68, Warren Bristol) and Sen. Victoria Gu (D-Dist. 38, Westerly, Charlestown, South Kingston) that would boost the development of accessory dwelling units (ADUs), which are also known as in-law apartments. The House Speaker is the House bill’s top co-sponsor.

“I have heard from so many seniors who would like to downsize and continue to live independently, but would enjoy the extra assurance of living on the property of their children,” he noted, thanking AARP Rhode Island and housing advocates, including Rhode Island Housing, Grow Smart RI and Housing Network RI, who pushed this “significant legislation” across the finish line. 

The bills (2024-H 7062A2024-S 2998A) would provide homeowners statewide the right to develop a single ADU on an owner-occupied property or within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the ADU’s 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 to 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.

In the HEALTH arena

According to Senate President Dominick J. Ruggerio, several legislative proposals in the Senate’s health care package passed the General Assembly.

“Few issues are as important as health care, and right now, our health care system is in critical condition. Health care absolutely must be accessible and affordable for all Rhode Islanders,” says Ruggerio, noting that for too many people in the Ocean State is too expensive or too difficult to get. “And we know that many health care providers are feeling enormous strain due to many factors,” he adds.

“Like providers and consumers, our community hospitals, including Fatima in my district, are facing difficult circumstances,” said the Senate President, who recognized his Senate colleagues in the development of this package of legislation.

“As we celebrate our victories in the 2024 session, we are committed to continuing our work on this issue and accomplishing all the objectives of the HEALTH initiative. “

According to Ruggerio, several legislative proposals in the Senate leadership’s HEALTH (Holistic Enhancement and Access Legislation for Total Health) initiative include legislative proposals to join five interstate licensing compacts to make it easier for Rhode Islanders to access the care they need and budget provisions to use $1 million of general revenue to purchase debts of struggling Rhode Islanders and incentivize providers to enter primary care fields.

Advocates on aging give their recap of the 2024 Legislative Session

“The Senior Agenda Coalition of RI supported several housing-related bills (that did not pass) that would benefit older adults including those sponsored by Rep. Meghan Cotter (D-Dist. 39, Exeter, Richmond, and Hopkinton)  and Sen. Linda Ujifusa (D-Dist. 11, Portsmouth, Bristol) to increase the income cap for the Property Tax Relief program to $50,000 and the credit or refund to $850 to help offset the costof property taxes and rents for older adults and persons with disabilities,” says Maureen Maigret, Policy Advisor for the Senior Agenda Coalition of RI (SACRI), noting the Coalition plan to continue to advocate for them next year.

Maigret warned that with a growing older population the need for more accessible housing will increase and the Coalition supported and will continue to support bills to create greater accessibility in new housing.  

Maigret stated that SACRI will also continue to support legislation to create a caregiver tax credit as provided for in 2024 legislation sponsored this year by Rep. Susan Donovan and Sen. Linda Ujifusa. “Our caregivers are valued and deserve our support. A caregiver tax credit will help the many R.I. family caregivers who provide thousands of hours of care for spouses and parents often spending thousands of dollars of their own money to give their loved ones a better, more comfortable life,” she says.

She noted that SACRI also plans to build on its efforts to further expand the Medicare Savings Program to help more lower-income persons on Medicare afford needed healthcare by covering required co-pays and deductibles and to continue its work to promote quality long term care through support for staffing standards, worker training programs and Medicaid enhanced reimbursement for private rooms to help with infection control issues that became so apparent during the Covid pandemic.

SACRI will also push next legislative session to enact legislation to establish a formula for state funding to support local senior centers and programs based on a community’s population of those 65 years and over.  

Raise the Bar on Resident Care and other advocates successfully pushed the passage of H 7733 and S 2621 legislation sponsored by Rep. Scott Slater (D-Dist. 10, Providence) and Sen. Bridget Valverde (D-Dist. 35, (East Greenwich, North Kingstown, South Kingstown) that would establish the Nursing Home Work Standards Board (NWSB). According to Raise the Bar, NWSB will help stabilize the nursing home system by establishing training standards, promoting caregiver rights, depoliticizing funding allocations and implementing financial oversight of nursing homes.  A 13-member board (including frontline staff, nursing home management representatives, state government and community organizations will work with Medicaid to ensure comprehensive and informed decision-making.

“In 2023, Minnesota passed its own Nursing Home Workforce Standards Board and just voted to raise wages for caregivers to over $23 an hour in 2027 while guaranteeing 11 paid holidays. Here in Rhode Island, the Workforce Standards Board is a critical step toward transforming nursing home jobs into sustainable careers that can support a family and provide quality resident care. Now we need Governor McKee to show his support and sign this bill into law,” said Jesse Martin, Executive Vice President of SEIU 1199 New England, member of Raise the Bar on Resident Care.

Raise the Bar also advocated for the passage of the Financial Transparency Act (S 2604 | H 8204) but ultimately pulled the bill in order to re-adjust some of its language. This legislative proposal, S 2604, sponsored by Sen. Dawn Euer (D-Dist.13, Newport, Jamestown) and its companion measure, H 8204, sponsored by Rep. Matthew Dawson (D-Dist.65, East Providence) would require nursing homes to provide annual, audited financial statements that include detailed income, expenses, and cash flow, alongside transparent ownership information to prevent for-profit owners from misusing Medicaid and Medicare dollars. “We look forward to advocating for its passage in next year’s legislative session to ensure all for-profit nursing homeowners are held accountable to investing public dollars appropriately in direct care,” continued Jesse Martin. 

Advocates for Better Care in Rhode Island, a grassroots community organization founded to advocate for the rights and interests of residents of long-term care facilities in RI, celebrates the passage of S. 2263. The Long-Term Care Residents Rights Camera Bill, notes Director Kathleen Gerard. 

“The legislation gives residents of nursing homes and assisted living facilities and their legal representatives the right to install a monitoring device in their room provided all residents in the room consent. The consent can be withdrawn at any time, and a variety of safeguards exist to protect resident privacy,” says Gerard.

The legislation, S 2263 A, sponsored by Sen. Dawn Euer (D-Dist. 13, Newport, Jamestown, who chairs the Senate Committee on Judiciary and H 7969 A, sponsored by Deputy Majority Leader Jason Knight (D-Dist. 67, Barrington and Warren) has been signed by the governor and will take effect Jan. 1, 2025.  

According to Gerard, the legislation was first introduced in this form in 2021, but the care staffing crisis and massive 138% increase in serious deficiencies cited in RI long-term care facilities since 2022 made it even more urgent to finally pass it this year.

“Speaker Shekarchi worked tirelessly to reach a compromise that was acceptable to the various parties supporting and opposing the bill, and long-term care residents will consequently soon be able to have their care and condition monitored remotely by loved ones and care-partners, resulting in more peace of mind for everyone,” she says. 

“A legislative proposal we backed this year and that we hope to see enacted next year was introduced by the Rhode Island Department of Health.  The legislation, (S 2818 sponsored by Sen. Joshua Miller (D-Dist. 28, Cranston, Providence and H. 7819 sponsored by Rep. June S. Speakman), would improve financial transparency in nursing home ownership and prevent the rapid extraction of equity from facilities that we see with many private equity firms, real estate investment trusts, and investor groups,” says Gerard.

Next legislative session, Gerard says Advocates for Better Care in Rhode Island will also continue to advocate for legislation requiring assisted living facilities to support family councils.   This requirement already applies to nursing homes, she notes.

“We’ve Only Just Begun, says Sandra Paquette, representing Advocates for COLA Restoration and Pension Reform, a non-profit representing 4,700 retirees. “Our group numbers continue to increase, along with our determination and commitment, to fight for the justice which was so unnecessarily and ruthlessly taken away,” she says. .

According to Paquette, there were legislative proposals pertaining to current and future state and teaching retirees, which did not reach the floor of the House or Senate. One legislative proposal applied to those active employees whose retirement is based upon an arbitrary “rule of 95”. This translates into a calculation where the years of service and the age of those wishing to retire must add up to 95. The law would have changed this total to 90. Another one for which we strongly advocated, and for which we provided thousands of letters, verbal testimony and volunteer lobbying sessions was Pat Serpa’s (D-Dist. 27, West Warwick, Coventry and Warwick), H-8193, would have restored a compounded Cost of Living Adjustment (COLA) to all current and future retirees, and would have been enacted as of July of this year.

“Our goals for next year will remain— to advocate through testimony, letters, media and lobbying–for the passage of the two bills which will provide the now essential support to the victims of the 2011 Rhode Island Retirement Security Act,” says Paquette.

And here are specifics about other bills that impact seniors:

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.

 

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