2022 -- S 3010

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LC005484

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- NARRAGANSETT BAY COMMISSION

     Introduced By: Senators Lombardo, F Lombardi, Ciccone, Gallo, Burke, and
Archambault

     Date Introduced: June 09, 2022

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-25-5 of the General Laws in Chapter 46-25 entitled "Narragansett

Bay Commission" is hereby amended to read as follows:

     46-25-5. General powers.

     The commission shall have the following powers, together with all powers incidental

thereto or necessary for the performance of those stated in this chapter:

     (1) To sue and be sued, complain and defend, in its corporate name.

     (2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a

facsimile thereof, to be impressed or affixed or in any other manner reproduced.

     (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest therein, wherever situated.

     (4) To make and execute agreements of lease, construction contracts, operation contracts,

and all other contracts and instruments necessary or convenient in the exercise of the powers and

functions of the commission granted by this chapter.

     (5) To make guarantees and incur or assume liabilities as the commission may deem

appropriate.

     (6) To invest and reinvest its funds.

     (7) To secure the cooperation and assistance of the United States, and any of its agencies,

and of agencies of this state and its municipalities in the work of the commission.

     (8) To accept grants, donations, drafts, loans of funds, and contributions in money, services,

materials, or otherwise, from the United States or any of its agencies, from this state and its

agencies, or from any other source, and to use or expend those moneys, services, materials, or other

contributions in carrying out the purposes of this chapter.

     (9) To make assessments and impose reasonable and just user charges, and to pay for such

expenses as may be required by law or as may be determined by the commission to be necessary

for the maintenance and operation of the project. In addition to the foregoing, the assessments and

user charges imposed pursuant to this chapter by the commission shall be set at a rate sufficient to

enable the commission to pay the debt service cost on not in excess of fourteen million and fifty-

nine thousand dollars ($14,059,000) of general obligation bonds and on notes issued pursuant to

this chapter. Any user charge, fee, or rate shall be subject to the approval of the public utilities

commission.

     (10) To establish a sewage pretreatment program, and to require as a condition, to the grant

or reissuance of any approval, license, or permit required under the program, that the person

applying for the approval, license, or permit, pay to the commission a reasonable fee based on the

cost of reviewing and acting upon the application and based on the costs of implementing the

program. In addition, where violations of the provisions of §§ 46-25-25 -- 46-25-25.3, or of any

permit, rule, regulation, or order issued pursuant thereto have occurred, the violator shall reimburse

the commission for the actual costs of implementing and enforcing the terms of the permit, rule,

regulation, or order as a condition to the grant or reissuance of any approval, license, or permit.

     (11) To acquire or contract to acquire, from any person, the federal government or the state,

or any agency of either the federal government or state, by grant, purchase, lease, gift,

condemnation, or otherwise, or to obtain options for the acquisition of any property, real or

personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold,

clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease,

mortgage, or otherwise dispose of or encumber the property for the purposes of carrying out the

provisions and intent of this chapter for such consideration as the commission shall determine.

     (12) To elect or appoint officers and agents of the commission, and to define their duties

and fix their compensation, including authority to employ attorneys, accountants, architectural, and

engineering consultants, and such other employees or agents as the commission shall deem

necessary in its judgment.

     (13) To make and alter bylaws, not inconsistent with this chapter, for the administration

and regulation of the affairs of the commission, and the bylaws may contain provisions

indemnifying any person who is or was a director or a member of the commission, in the manner

and to the extent provided in § 7-1.2-814.

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     (14) To construct, acquire, repair, develop, own, operate, maintain, extend, improve,

rehabilitate, renovate, equip, and furnish a project and make provision for its management.

     (15) To prepare or cause to be prepared plans, specifications, designs, and estimates of

costs of construction, reconstruction, rehabilitations, improvement, alteration, or repair of a project,

and to modify the same.

     (16) To issue orders of general or specific applicability to carry out the purposes of the

project.

     (17) To have and exercise all powers necessary or convenient to effect its purposes.

     (18) To impose administrative penalties in accordance with the provisions of § 46-25-25.4.

     (19) To secure certain payments on its revenue bonds and notes, in whole or in part, by

insurance or by letters or lines of credit or other credit facilities.

     (20) To enter into agreements, contracts, and other arrangements with the state and any of

its departments, agencies, boards or commissions relating to the execution or performance of any

function or purpose of the commission, including, but not limited to, investments, employee

compensation and employee benefits, and the state and its departments, agencies, boards and

commissions are hereby authorized to enter into such agreements, contracts and other arrangements

with the commission, and upon the request of the commission shall enter into such agreements,

contracts and other arrangements with the commission.

     (21) To engage in public purpose activities that involve construction, infrastructure,

remediation, improvements, commercial waterways and recreational projects that will have a

positive impact on the economic, environmental, or social welfare of the communities in its service

area and the general public of the State of Rhode Island.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- NARRAGANSETT BAY COMMISSION

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     This act would allow the Narragansett Bay Commission to engage in public purpose

projects that will have a positive impact on the economic, environmental, and social welfare of

Rhode Island.

     This act would take effect upon passage.

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