Chapter 222

2015 -- S 0973 SUBSTITUTE A Enacted 07/10/2015

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF PROPERTY

Introduced By: Senators Walaska, Paiva Weed, McCaffrey, and Lynch

Date Introduced: June 04, 2015

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 empowered, when

it shall serve the public purpose 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 Port of Galilee may be leased for a term of up to forty (40)

years for commercial fishing industry-related purposes, 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 25 India Street in the city of Providence may be leased for a term of

up to forty (40) years for commercial, public recreation, marina, and redevelopment purposes,;

provided, however, that real property, buildings, and facilities owned by the department of

environmental management may be leased for a term not to exceed forty (40) years for the

purpose of facilitating private investment in buildings or infrastructure for public recreation, or

to develop or sustain a natural resource-based industry and where the useful life of the

investment exceeds twenty-five (25) years; and provided further, however, that certain real

properties, buildings, and facilities owned by the state in the city of Providence known as the

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, agreement or site lease

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

mobile home park, the State Properties Committee 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 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 Rhode Island, as set forth by the state state; and provided further

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

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

to exceed forty (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, necessary and shall be approved approved, as to substance

substance, by the director of administration and as to form administration, and, as to form,

by the attorney general.

(b) Whenever property which that 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. Notwithstanding the provisions of section one of this act, for any lease term

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

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

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

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

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

corporation or its successors.

SECTION 3. This act shall take effect upon passage.

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LC001742/SUB A/2

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