2015 -- H 6343

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LC002954

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF

PROPERTY

     

     Introduced By: Representative Lauren H. Carson

     Date Introduced: June 24, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-7-9 of the General Laws in Chapter 37-7 entitled "Management

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and Disposal of Property" is hereby amended to read as follows:

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     37-7-9. Concessions, leases, and licenses -- Reports. -- (a) The acquiring authority, with

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the approval of the state properties committee, is authorized and empowered when it shall serve

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the public purpose to grant concessions in or to lease or license any land or building or structure,

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a part or portion of any governmental facility, public work, or public improvement for industrial

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or commercial purposes for a term or terms not exceeding in the aggregate in any one case twenty

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(20) years; provided, however, that real property, buildings, and facilities owned by the state at

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the Port of Galilee may be leased for a term of up to forty (40) years for commercial fishing

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industry-related purposes, and provided further, however, that certain real property, buildings,

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and facilities owned by the state located on Indian Point with a 2012 address of 25 India Street in

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the city of Providence may be leased for a term of up to forty (40) years for commercial, public

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recreation, marina, and redevelopment purposes,; provided, however, that real property, buildings

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and facilities owned by the department of environmental management may be leased for a term

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not to exceed forty (40) years for the purpose of facilitating private investment in buildings or

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infrastructure for public recreation or to develop or sustain a natural resource based industry and

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where the useful life of the investment exceeds twenty-five (25) years; and provided further,

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however, that certain real properties, buildings, and facilities owned by the state in the city of

 

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Providence known as the Union Station properties, which properties have been conveyed from

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time to time to the state by the consolidated rail corporation and others, may be leased for a term

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of up to forty (40) years for office, commercial, service, transportation, or other related purposes;

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and provided further, however, that real property, buildings, and facilities owned by the state may

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be leased for a term of up to forty (40) years for the development of cogeneration projects which

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involve the simultaneous generation of electricity and thermal energy (steam and hot water) and

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for eligible renewable energy resources as defined in subdivisions 39-26-5(a)(i) through (v); and

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further provided, however, that in the event of a mobile home lease agreement, or site lease

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agreement, wherein such mobile home is contiguous to a resident owned mobile home park, the

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State Properties Committee may enter into a lease or grant concessions to or license any land or

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building for a period not to exceed thirty (30) years and provided further, however, that real

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property, buildings, and facilities owned by the state may be leased for a term of up to ninety-nine

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(99) years for the development of railroad layover facilities, contingent on the lease requiring the

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lessee to provide commuter rail service within the state of Rhode Island, as set forth by the state

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and provided further however, that real property, buildings and facilities owned by the state at the

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Quonset State Airport may be leased to the United States Air Force for a term not to exceed forty

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(40) years for the purpose of making improvements to infrastructure thereon. All agreements,

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contracts, and other instruments granting concessions or leasing or licensing facilities shall

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contain such conditions, rules, restrictions, and regulations as the state purchasing agent shall

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deem suitable or necessary, and shall be approved as to substance by the director of

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administration and as to form by the attorney general.

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      (b) Whenever property which is subject to the provisions of this chapter is leased by the

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state, the lessee shall report on a semi-annual basis the amount of income revenue generated by

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the leased property. The report shall be made to the state properties commission and copies shall

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be provided to both the house and senate fiscal staffs and the governor. These requirements shall

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be contained in the lease between the lessor and the lessee with approval of the state properties

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committee.

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     SECTION 2. Notwithstanding the provisions of section one of this act, for any lease term

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of up to forty (40) years for buildings and facilities owned by the department of environmental

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management and leased to Sail Newport, Inc., a Rhode Island nonprofit corporation or its

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successors at Fort Adams state park, the department of environmental management shall ensure,

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by incorporating in said lease, a clause or provision that the lessee provides reasonable access and

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use of buildings and facilities for the Newport Rugby Football Club, a Rhode Island nonprofit

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corporation or its successors.

 

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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 PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF

PROPERTY

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     This act would authorize the department of environmental management to lease state

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property owned by it for a term of forty (40) years for public recreation or for a natural resource

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based industry with a useful life in excess of twenty-five (25) years, and would provide that

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buildings and facilities leased to Sail Newport, Inc., must include a provision that the lessee

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provides reasonable access for the Newport Rugby Club to access the buildings and facilities

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located at Fort Adams state park.

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     This act would take effect upon passage.

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