§ 42-113-4. Creation of the Rhode Island housing and conservation board.
(a) There is hereby authorized, created, and established a body politic and corporate
to be known as the "Rhode Island housing and conservation board� to carry out the
provisions of this chapter. The board is constituted a public instrumentality exercising
public and essential governmental functions, and the exercise by the board of the
powers conferred by this chapter are deemed and held to be the performance of an essential
governmental function of the state.
(b) The board shall consist of fifteen (15) members:
(1) The four (4) non-voting ex-officio members shall include the director of the department
of environmental management, or a designee; the secretary of the department of housing,
or designee; the executive director of the Rhode Island housing and mortgage finance
corporation, or designee; and the director of the office of statewide planning, or
designee.
(2) The governor, with the advice and consent of the senate, shall appoint eleven (11)
voting members of the general public. The public appointees shall include at least
one member representing the interests of the environmental community; one member representing
the interests of the conservation and land trust community; one member representing
family farm interests; a municipal planner representing a city or town with more than
forty thousand (40,000) residents; a municipal planner representing a city or town
with less than forty thousand (40,000) residents; one member representing the interests
of nonprofit community development corporations; one member representing the interests
of the housing land trust community; one member representing the interests of the
for-profit developer/builder community; one member representing land use planning/smart
growth interests; one member representing a tenant advocacy organization; and one
member representing historic preservation. The public appointees should reflect the
demographic diversity of the state including, but not limited to, representation from
black, brown, and indigenous communities.
(3) Any designee of the four (4) governmental members serving ex-officio as stipulated
in subsection (b)(1) of this section or of the three (3) members who is a chair or
president of a nongovernmental organization as stipulated in subsection (b)(2) of
this section shall be a subordinate of the designator within their respective department,
office, or nongovernmental organization. These designees shall represent them at all
meetings of the board.
(4) No one shall be eligible for public appointment unless the person is a resident of
this state.
(5) Newly appointed and qualified public members and designees of ex-officio members shall,
within six (6) months of their qualification or designation, attend a training course
that is developed by non-voting ex officio members with board approval and conducted
by the chair or the chair's designee and shall include instruction in the subject
area of this chapter and chapter 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and the board's rules and regulations.
(c) Appointments to the board shall be made by December 31, 2026. Public members of the
board appointed by the governor will be appointed for three-year (3) terms and cannot
serve more than two (2) consecutive terms.
(d) Annually, the governor shall select from among its public members a chairperson. The
board shall elect from among its members a vice-chairperson and any other officers
it deems necessary. Meetings shall be held at the call of the chairperson or at the
request of three (3) members. A majority of the sitting members shall constitute a
quorum and action taken by the board under the provisions of this chapter may be authorized
by a majority of the members present and voting at any regular or special meeting.
(e) A majority vote of those present shall be required for action. No vacancy in the membership
of the board shall impair the right of a quorum to exercise all of the rights and
perform all of the duties of the board.
(f) Any vacancy which may occur in the board shall be filled accordingly in the same manner
as prescribed above.
(g)(1) The governor may appoint and employ an executive director, and it shall be the executive
director's duty to:
(i) Supervise and administer allocations made through the trust fund in accordance with
this chapter and with the rules and regulations of the board;
(ii) Act as the chief administrative officer having general charge of the office and records
and to employ temporarily, subject to the approval of the board, necessary personnel
to serve at the executive director's pleasure and who shall be in the unclassified
service and whose salaries shall be set by the board;
(iii) Act as executive secretary of the board; and
(iv) Perform other duties as determined by the board, which are in accordance with this
chapter and with the rules and regulations of the board.
(2) The governor may remove any member for cause or misconduct in office after giving
the member a copy of the charges/allegations against them and an opportunity to be
heard, in person, or with or by counsel, in their defense, upon not less than ten
(10) days' notice. If any member shall be removed, the governor shall file in the
office of the secretary of state a complete statement of charges made against the
member and the governor's findings, together with a complete record of the proceedings.
(3) Whenever public hearings are required under this chapter, or whenever the board determines
a public hearing is appropriate, the board shall use reasonable efforts to hold those
hearings at a place or places that will reasonably accommodate the interested parties.
(h) The board shall use the office of the attorney general for legal services.
(i) Within ninety (90) days after the end of each fiscal year, the board shall approve
and submit an annual report to the governor, the speaker of the house of representatives,
the president of the senate, and the secretary of state of its activities during that
fiscal year. The report shall provide: an operating statement summarizing meetings
or hearings held, meeting minutes if requested, subjects addressed, decisions rendered,
rules or regulations promulgated, studies conducted, policies and plans developed,
approved, or modified, and programs administered or initiated; a consolidated financial
statement of all funds received and expended including the source of the funds, a
listing of any staff supported by these funds, and a summary of any clerical, administrative,
or technical support received; a summary of performance during the previous fiscal
year including accomplishments, shortcomings, and remedies; a synopsis of hearings,
complaints, suspensions, or other legal matters related to the authority of the board;
a summary of any training courses held pursuant to subsection (b)(5) of this section;
a briefing on anticipated activities in the upcoming fiscal year; and findings and
recommendations for improvements. The report shall be posted electronically on the
general assembly and the secretary of state's websites as prescribed in § 42-20-8.2.