AN ACT RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

2026 Regular Session Introduced by Lou DiPalma and 1 co-sponsor

Tiverton may require pre-construction water-well testing for new low/moderate-income housing, with developers funding mitigation if adverse impacts are found.

05/12/2026 Committee recommended measure be held for further study

Summary of SB 2586 (2026) – Rhode Island

Purpose and intent

The bill adds a targeted requirement for the town of Tiverton related to low- and moderate-income housing development.

It authorizes Tiverton to mandate additional well-testing before the start of construction for proposed low- or moderate-income housing.

The overarching goal is to protect existing water supply wells (private or public) from potential adverse impacts associated with new development, such as dewatering or reduced recharge.

Key provisions and changes

Section 45-53-17 establishes a new pre-construction testing framework in Tiverton:

(a)(1) Before any proposed low- or moderate-income housing project begins, Tiverton may require testing to determine whether nearby wells (existing or newly proposed) will be adversely affected (examples include dewatering or loss of effective recharge).
(a)(2) Test results must be submitted to the town engineer with a copy to the department of public works.
(a)(3) If adverse consequences are identified, the developer or builder must bear the full cost to eliminate or mitigate these impacts to the extent necessary to prevent serious harm or loss of water service. The town engineer or appointed town staff must approve the mitigation plan in accordance with the subsection.
(b) Testing must comply with regulations from the Department of Environmental Management and the Department of Health.
(c) The Department of Environmental Management may issue regulations to implement these requirements.

Section 2 states the act takes effect upon passage.

Who would be affected

Developers or builders proposing new low- or moderate-income housing in Tiverton.

Tiverton town officials, particularly the town engineer and other town personnel involved in approving mitigation plans.

State agencies (Department of Environmental Management and Department of Health) overseeing regulatory compliance and potential rules implementing the measure.

Residents relying on nearby wells could benefit from assessment and mitigation of potential impacts.

Procedural and timeline aspects

Introduction and referral: Introduced February 13, 2026, to Senate Housing & Municipal Government (by request).

Hearing/consideration: Scheduled for May 12, 2026.

Effective date: Upon passage (no separate delay or phased implementation specified).

Notable details

The measure specifically places the mitigation cost burden on the developer or builder, rather than the town or taxpayers.

It ties testing and mitigation to the approval process for housing projects, ensuring consideration before construction commences.

The act interacts with existing environmental and health regulations and allows DER to promulgate implementing rules.

This bill focuses narrowly on Tiverton’s pre-construction water-well testing for new low- and moderate-income housing, ensuring any negative hydrological impacts are identified and funded by the developer or builder.