AN ACT RELATING TO PROPERTY -- ABANDONED PROPERTY (Amends chapter 44 of title 34 to establish energy storage systems on certain lands consistent with a municipality's comprehensive plan.)

H8294

2026 -- H 8294
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LC005964
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- ABANDONED PROPERTY

Introduced By:
Representatives Speakman, Boylan, Carson, Spears, McGaw, Knight, and
Baginski

Date Introduced:
March 13, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Section 34-44-12 of the General Laws in Chapter 34-44 entitled "Abandoned
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Property" is hereby amended to read as follows:
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34-44-12. Sale of building and property by receiver.
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(a) If a receiver appointed pursuant to § 34-44-4 files with the judge in the civil action
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described in § 34-44-4 a report indicating that the public nuisance has been abated, and if the judge
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confirms that the receiver has abated the public nuisance, and if the receiver or any interested party
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requests the judge to enter an order directing the receiver to sell the building and the property on
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which it is located, then the judge may enter that order after holding a hearing as described in
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subsection (c).
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(b)(1) If the abatement of the nuisance has not yet occurred; and
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(2) If the court approves the abatement plan presented by the receiver or any interested
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party; and
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(3) The building at the subject property is unoccupied, then the court may enter an order,
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upon the receiver’s recommendation, directing the receiver to sell the building and property upon
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which it is located after holding a hearing as described in subsection (c) of this section. Any sale
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order and sale deed under this subsection shall include a requirement that the transfer of the property
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include a reverter if the abatement plan is not completed in accordance with its terms and in the
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timeframe established in the plan. The abatement of the property by the purchaser shall be at the
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purchaser’s sole cost and expense.

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(c) The receiver or interested party requesting an order as described in subsection (a) or (b)
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of this section shall cause a notice of the date and time of a hearing on the request to be served on
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the owner of the building involved and all other interested parties in accordance with § 34-44-3.
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The judge in the civil action described in § 34-44-3 shall conduct the scheduled hearing. At the
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hearing, if the owner or any interested party objects to the sale of the building and the property, the
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burden of proof shall be upon the objecting person to establish, by a preponderance of the evidence,
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that the benefits of not selling the building and the property outweigh the benefits of selling them.
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If the judge determines that there is no objecting person, or if the judge determines that there is one
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or more objecting persons but no objecting person has sustained the burden of proof specified
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herein, the judge may enter an order directing the receiver to offer the building and the property for
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sale upon terms and conditions that the judge shall specify, and may further order the removal of
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any clouds on the title to the building and property by reason of any liens or encumbrances that are
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inferior to any claims of the receiver, as provided by § 34-44-6(9), or if the receivership action is
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pending in a court other than the superior court, the judge may order the receiver to petition the
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superior court to order the removal of any clouds on the title to the building or property. An order
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by the superior court to remove any cloud on the title to the building and property shall be binding
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upon all those claiming by, through, under, or by virtue of, any inferior liens or encumbrances.
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(d) The court may give priority in a sale to any party willing to:
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(1) Designate and deed restrict the property for low- and moderate-income housing, as
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defined in § 45-53-3; or
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(2) Resell the property at least ten percent (10%) below an appraised market value; or
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(3) Designate any residential units in the property for occupancy through any housing
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choice voucher program; or
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(4) Restrict use of the property to owner-occupancy for a period of not less than twenty-
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four (24) months from the date of the issuance of a certificate of occupancy
; or
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(5) Install an energy storage system, as defined in § 39-33-1, on the property
.
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The waiver of any portion of the delinquent real estate taxes or zoning or minimum housing
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fines pursuant to subsection (e) of this section may qualify as a municipal subsidy under § 45-53-
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3.
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(e) If a sale of a building and the property on which it is located is ordered pursuant to
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subsections (a) — (d) and if the sale occurs in accordance with the terms and conditions specified
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by the judge in the judge’s order of sale, then the receiver shall distribute the proceeds of the sale
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and the balance of any funds that the receiver may possess, after the payment of the costs of the
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sale, in the following order of priority and in the described manner:

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(1) First, the amount due for delinquent taxes and assessments owed to this state or a
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political subdivision of this state;
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(2) Second, in satisfaction of any mortgage liability incurred by the receiver pursuant to §
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34-44-6, in their order of priority;
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(3) Third, any unreimbursed expenses and other amounts paid in accordance with § 34-44-
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6 by the receiver, and the fees of the receiver assessed pursuant to § 34-44-8; and
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(4) Fourth, the amount of any pre-receivership mortgages, liens, or other encumbrances, in
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their order of priority.
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(f) Following a distribution in accordance with subsection (e), the receiver shall request the
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judge in the civil action described in § 34-44-3 to enter an order terminating the receivership. If the
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judge determines that the sale of the building and the property on which it is located occurred in
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accordance with the terms and conditions specified by the judge in his or her order of sale under
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subsection (c) and that the receiver distributed the proceeds of the sale and the balance of any funds
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that the receiver possessed, after the payment of the costs of the sale, in accordance with subsection
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(e), and if the judge approves any final accounting required of the receiver, the judge may terminate
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the receivership.
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(g) If a judge in a civil action described in § 34-44-3 enters a declaration that a public
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nuisance has been abated by a receiver, and if, within three (3) days after the entry of the
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declaration, all costs, expenses, and approved fees of the receivership have not been paid in full,
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the judge may enter an order directing the receiver to sell the building involved and the property
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on which it is located. The order shall be entered, and the sale shall occur, only in compliance with
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subsections (b) — (d), as applicable.
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(h) An energy storage system, as defined in § 39-33-1, proposed to be located on a property
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for which a court of competent jurisdiction has made the necessary findings under § 34-44-4, shall
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be a by-right, permitted use under the zoning code for the municipality in which the energy storage
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system is proposed to be located. An energy storage system proposed to be located on such a
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property shall be deemed consistent with the municipality’s comprehensive plan pursuant to § 45-
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23-60 and shall be deemed to have no significant negative environmental impacts pursuant to § 45-
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23-60. Subject to the provisions of this section, the proposed energy storage system shall proceed
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through the municipality’s planning and zoning procedures generally applicable to a by-right use
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and the proposed energy storage system shall comply with the ordinance requirements set forth in
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the municipality’s industrial and/or manufacturing zone; provided, however, that the maximum
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structural lot coverage shall be sixty-five percent (65%). This subsection shall not apply in areas
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zoned for residential only.

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SECTION 2. Section 42-140.5-9 of the General Laws in Chapter 42-140.5 entitled
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"Renewable Ready Program" is hereby amended to read as follows:
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42-140.5-9.
Permitting of renewable energy resources
Permitting of renewable energy
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resources and energy storage systems.
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(a) A renewable energy resource, as defined in § 39-26-5,
and/or an energy storage system,
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as defined in § 39-33-1,
proposed to be located on a previously contaminated property shall be a
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by-right, permitted use under the zoning code for the municipality in which the renewable energy
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resource
and/or the energy storage system
is proposed to be located. A renewable energy resource
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and/or energy storage system
proposed to be located on a previously contaminated property shall
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be deemed consistent with the municipality’s comprehensive plan pursuant to § 45-23-60 and shall
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be deemed to have no significant negative environmental impacts pursuant to § 45-23-60. The
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applicant shall bear the burden of establishing that the proposed site is a previously contaminated
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property.
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(b) A site shall be presumed to be a previously contaminated property if:
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(1) Any agency of the state or federal government has designated the property as such;
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(2) The applicant presents a phase I or phase II environmental site assessment evidencing
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the presence of one or more “hazardous substances” (as defined in 42 U.S.C. § 9601(14)) and/or
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“pollutant or contaminant” (as defined in 42 U.S.C. § 9601(33)) on the property; or
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(3) The property meets the definition of a “brownfield site” (as defined in 42 U.S.C. §
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9601(39)(A)).
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(c) Subject to the provisions of this section, the proposed renewable energy resource
and/or
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energy storage system
shall proceed through the municipality’s planning and zoning procedures
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generally applicable to a by-right use and the proposed renewable energy resource
and/or energy
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storage system
shall comply with the ordinance requirements set forth in the municipality’s
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industrial and/or manufacturing zone; provided, however, that the maximum structural lot coverage
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shall be seventy-five percent (75%).
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(d) Nothing in this section alters the eligibility requirements for the renewable ready fund
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as provided in § 42-140.5-6.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- ABANDONED PROPERTY
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This act would amend the abandoned property act to establish energy storage systems
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located on an abandoned property as a by-right, permitted use under the zoning code for the
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municipality in which the energy storage system is located, shall be considered consistent with the
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municipality’s comprehensive plan pursuant to § 45-23-60(a)(1) and shall be considered to have
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no significant negative environmental impact pursuant to § 45-23-60(a)(3). This act would also
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amend the renewable ready program to establish an energy storage system proposed on a previously
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contaminated property as a by-right, permitted use under the zoning code for the municipality in
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which the energy storage system is located, shall be considered consistent with the municipality’s
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comprehensive plan pursuant to § 45-23-60(a)(1) and shall be considered to have no significant
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negative environmental impacts pursuant to § 45-23-60(a)(3).
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This act would take effect upon passage.
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