Chapter 112
2012 -- H 7486 AS AMENDED
Enacted 05/30/12
A N A C T
RELATING TO
PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF PROPERTY
Introduced By: Representatives Petrarca, and O`Neill
Date Introduced: February 09, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 37-7-9 of the General Laws in Chapter
37-7 entitled "Management
and Disposal of Property" is hereby amended to read
as follows:
37-7-9.
Concessions, leases, and licenses -- Reports. --
(a) The acquiring authority, with
the approval of the state properties committee, is
authorized and empowered when it shall serve
the public purpose to grant concessions in or to lease or
license any land or building or structure,
a part or portion of any governmental facility, public
work, or public improvement for industrial
or commercial purposes for a term or terms not exceeding
in the aggregate in any one case twenty
(20) years; provided,
however, that real property, buildings, and facilities owned by the state at
the
industry-related purposes, and provided further, however, that
certain real property, buildings,
and facilities owned by the state located on Indian Point
with a 2012 address of
the city of
recreation, marina, and redevelopment purposes, and provided further, however, that certain real
properties, buildings, and facilities owned by the state in the
city of
Union Station properties, which properties have been
conveyed from time to time to the state by
the consolidated rail corporation and others, may be
leased for a term of up to forty (40) years for
office, commercial, service, transportation, or other
related purposes; and provided further,
however, that real property, buildings, and facilities owned
by the state may be leased for a term
of up to forty (40) years for the development of
cogeneration projects which involve the
simultaneous generation of electricity and thermal energy (steam
and hot water) and for eligible
renewable energy resources as defined in subdivisions
39-26-5(a)(i) through (v); and further
provided, however, that in the event of a mobile home lease
agreement, or site lease agreement,
wherein such mobile home is contiguous to a resident owned
mobile home park, the State
Properties Committee may enter into a lease or grant
concessions to or license any land or
building for a period not to exceed thirty (30) years and
provided further, however, that real
property, buildings, and facilities owned by the state may be
leased for a term of up to ninety-nine
(99) years for the
development of railroad layover facilities, contingent on the lease requiring
the
lessee to provide commuter rail service within the state of
and provided further however, that real property,
buildings and facilities owned by the state at the
(40) years for the purpose of
making improvements to infrastructure thereon. All agreements,
contracts, and other instruments granting concessions or
leasing or licensing facilities shall
contain such conditions, rules, restrictions, and regulations
as the state purchasing agent shall
deem suitable or necessary, and shall be approved as to
substance by the director of
administration and as to form by the attorney general.
(b) Whenever property
which is subject to the provisions of this chapter is leased by the
state, the lessee shall report on a semi-annual basis the
amount of income revenue generated by
the leased property. The report shall be made to the
state properties commission and copies shall
be provided to both the house and senate fiscal staffs
and the governor. These requirements shall
be contained in the lease between the lessor and the lessee with approval of the state properties
committee.
SECTION 2. This act shall take effect upon passage.
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LC01402
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