Batista bill streamlines appeals for comprehensive permits

Legislation is part of Speaker Shekarchi’s housing package

 

STATE HOUSE –Rep. José F. Batista is sponsoring legislation that would help streamline the appeals process for comprehensive permit applications for affordable housing.

The legislation, which is one of the 14 bills in Speaker K. Joseph Shekarchi’s legislative package to help address the housing crisis, is scheduled for a hearing tomorrow before the House Judiciary Committee.

Representative Batista’s bill (2023-H 6083) would phase out the State Housing Appeals Board (SHAB), helping to streamline an appeals process that is often lengthy.

SHAB hears and adjudicates appeals of local review board decisions relating to comprehensive permits, which are streamlined local permits that generally allow for greater housing density in exchange for the production of a percentage of long-term affordable homes. 

Under the legislation, the appeals of local review board decisions that now go through SHAB would instead go to Superior Court, beginning Jan 1, 2024, at which time SHAB would be phased out. The legislation does not change any of the standards for that review, only the entity that conducts it.

Currently, applicants go through SHAB for appeals, but Superior Court is already the venue that abutters must use if they wish to appeal comprehensive permits.

“One thing that has become clear over the past couple of years is that complicated regulatory structures are a barrier to creating the affordable housing we need in Rhode Island. Making the process clearer, simpler and quicker is critical to the production of more affordable housing,” said Representative Batista (D-Dist. 12 Providence). “Obviously, this is one element of a very broad-ranging crisis, but I’m proud to sponsor this bill as part of the House’s efforts.  Rhode Island is losing residential developers to adjacent states, due, in large part, to the red tape and length of the current process. People in my district and across the state are heavily burdened by the high cost and lack of availability of housing, and we need to address all the barriers to housing creation that we identify.”

Under the bill, applicants would continue filing any appeals with SHAB through Dec. 31, 2023, but any appeals that have not been decided on Jan. 1, 2024, would need to be transferred to Superior Court to complete the appeal process.

The bill provides local review boards 30 days to submit their complete record of the matter, and requires that the Superior Court expedite appeals and decide them as soon as possible. The bill also limits appeals to applicants and aggrieved parties, just as zoning and planning appeals are limited.

A separate bill (2023-H 6060) sponsored by Speaker Shekarchi as part of the housing package would create a dedicated land use/housing court calendar within Superior Court, which would help ensure timely action on those appeals. That bill is also scheduled for hearing before the Judiciary Committee tomorrow.

 

 

President Trump says the tariffs imposed on other countries are having the desired effect, and he's now open to negotiations. Speaking to reporters aboard Air Force One, Trump said his initial tariff plan is over, and he's watching it settle in. He said every country has called, asking to cut a trade deal with the U.S. to avoid the tariffs.        Stocks are closing sharply lower one day after President Trump announced sweeping global tariffs. The S&P 500 had its worse day since 2020 as the White House announced a baseline tariff rate of ten-percent against most countries yesterday that will go into effect on Saturday. At the closing bell, the Dow Jones Industrial Average fell by 16-79 to 40-545. The S&P 500 lost 274 points to 53-96. The Nasdaq lost 10-50 points to 16-550.        A multi-day severe weather event is unfolding for more than 55-million people. It comes after at least seven people were killed in the South Central U.S. after storms that included several tornadoes hit the region yesterday. Tonight, there is still a tornado threat for the same areas, but forecasters warn there could also be potentially catastrophic flooding in the Mid-South and Midwest.        The Federal Aviation Administration is offering more support to air traffic controllers at Reagan National Airport. The Critical Incident Stress Management team will be meeting with airport personnel sometime early this month. The FAA is also reviewing the arrival rate at the airport and will conduct regular wellness checks.        The Senate has confirmed Dr. Mehmet Oz as administrator of the Centers for Medicare and Medicaid Services. The television personality was confirmed on a party-line vote of 53-45. Oz now assumes a role that provides health insurance to roughly 160 million Americans.        Steven Spielberg and George Lucas top the latest Forbes list of celebrity billionaires. The latest Forbes ranking of the world's wealthiest people includes 18 celebrities, with film director Steven Spielberg topping the list at five-point-three-billion dollars. Star Wars creator George Lucas is in second place with a net worth of five-point-one-billion dollars.