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2012 -- S 2870 SUBSTITUTE A | |
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LC02328/SUB A/4 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - COUNCILS AND GOVERNING BODIES | |
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Introduced By: Senator Louis P. DiPalma | |
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Date Introduced: April 12, 2012 | |
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Referred To: Senate Environment & Agriculture | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 45-5 of the General Laws entitled "Councils and Governing |
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Bodies" is hereby amended by adding thereto the following section: |
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45-5-20.2. Power of city and town councils to jointly establish a corporation to |
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develop alternative energy sources. -- (a) Cities and town councils may, through passage of a |
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resolution, establish agreements between two (2) or more city or town councils for the |
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development of renewable energy resources. Agreements made pursuant to this section may |
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provide for pooling of administrative expenses. |
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(b) For purposes of this section the following terms shall have the following meanings: |
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(1) "Renewable energy resources" means any renewable energy resource listed in section |
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39-26-5. |
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(2) "Participating municipality" means any or all of the following communities which by |
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ordinance adopted by the applicable city or town council, elect to join as a member of the |
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corporation created pursuant to the provisions of this section: Barrington, Bristol, East |
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Providence, Little Compton, Middletown, Newport, Portsmouth, Tiverton, and Warren. The by- |
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laws of the corporation shall contain a provision allowing a participating municipality to |
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withdraw from the corporation. |
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(c) To accomplish the purposes of this section any two (2) or more eligible municipalities |
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may authorize the creation of a corporation (the "corporation") for the purpose of facilitating |
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collaboration among participating municipalities in the east bay region of Rhode Island in |
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developing renewable energy resources for the benefit of that region. The corporation shall have |
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an audit performed annually, copies of which shall be provided to the members of the corporation |
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and the auditor general. |
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(d) The corporation created pursuant to the provisions of this section will be created by |
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filing articles of incorporation pursuant to chapter 6 of title 7 entitled Rhode Island Nonprofit |
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Corporation Act and the articles of incorporation will be filed by an incorporator/incorporators |
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designated by the city and/or town councils authorizing the creation of the corporation. The |
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articles of incorporation creating the corporation pursuant to the provisions of this section may |
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contain provisions, not inconsistent with this section that the incorporators determine to be |
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desirable or useful in fulfilling the purposes set forth in this section. The corporation created |
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pursuant to the provisions of this section will have the powers of a nonprofit corporation created |
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under chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act, provided, however |
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that the corporation shall not have the power to issue bonds. |
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(e) The corporation created pursuant to the provisions of this section, notwithstanding the |
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filing of its articles of incorporation pursuant to chapter 6 of title 7 entitled Rhode Island |
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Nonprofit Corporation Act: (1) Will be deemed to be a public corporation, instrumentality, and |
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agency of the state of Rhode Island acting for the benefit of the participating municipalities but |
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will not constitute a department of the government of the state of Rhode Island; and (2) Will be |
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deemed to be exercising public and essential governmental functions of the state of Rhode Island. |
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No part of the net earnings of the corporation created pursuant to the provisions of this section |
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will be distributable to, or inure to the benefit of, any private person. The governing board of the |
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corporation created pursuant to the provisions of this section shall consist of one member |
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representing each participating municipality who shall be appointed by the respective city or town |
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council. The members shall receive no compensation for the performance of their duties but each |
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member may be reimbursed for his or her reasonable expenses incurred in carrying out their |
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duties. |
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(f) The notes or other obligations issued by the corporation created pursuant to the |
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provisions of this section will not be deemed to constitute a debt or liability or obligation of the |
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state of Rhode Island or of any political subdivision of the state or of any municipality of the state |
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but will be payable solely from the revenues or assets of the corporation. |
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SECTION 2. This act shall take effect upon passage. |
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LC02328/SUB A/4 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - COUNCILS AND GOVERNING BODIES | |
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This act would enable the city and town councils of Barrington, Bristol, East Providence, |
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Little Compton, Middletown, Newport, Portsmouth, Tiverton and Warren to enter into an |
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agreement among themselves to help develop renewable energy resources for their region. |
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This act would take effect upon passage. |
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LC02328/SUB A/4 | |
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