Chapter 293

2016 -- H 8298 Enacted 07/01/2016

A N   A C T

RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION

Introduced By: Representatives Nunes, Morgan, and Serpa

Date Introduced: June 08, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is

hereby amended by adding thereto the following section:

44-3-9.9. Exemption or stabilizing of taxes on property used for manufacturing,

commercial, or residential purposes in the Arctic Village redevelopment zone. -- (a) Except

as provided in this section, following the recommendation by the Arctic Village Redevelopment

Agency of the proposed improvements, including consideration of a PILOT program, the town

council of the town of West Warwick may vote to authorize, for a period not exceeding twenty

(20) years, and subject to the conditions as provided in this section, to exempt from payment, in

whole or in part, real and personal property, including taxes on property subject to taxation

pursuant to chapter 34 of title 44 which has undergone environmental remediation or is

historically preserved, or is used for manufacturing, commercial, including offices, retail and

other commercial enterprises, or residential purposes in any zone created by §44-18-30.C or the

Arctic Village redevelopment zone, or to determine a stabilized amount of taxes to be paid on

account of the property, notwithstanding the valuation of the property or the rate of tax; provided,

that after public hearings, at least ten (10) days' notice of which shall be given in a newspaper

having a general circulation in the town, the town council determines that:

(1) Granting of the exemption or stabilization will inure to the benefit of the town by

reason of:

(i) The willingness of the manufacturing or commercial concern, including office, retail

and other commercial enterprises or any property owner, to locate in any zone created by §44-18-

30.C or the Arctic Village redevelopment zone, or of individuals to reside in such an area; or

(ii) The willingness of a manufacturing firm to locate in any zone created by §44-18-30.C

or the Arctic Village redevelopment zone or to expand facilities in the Arctic Village

redevelopment zone with an increase in employment or the willingness of a commercial or

manufacturing concern to locate to or to retain or to expand its facility in the Arctic Village

redevelopment zone; or

(iii) Improvements to the physical plant in any zone created by §44-18-30.C or the Arctic

Village redevelopment zone will result in a long-term economic benefit to the town and state; or

(iv) Promoting improvements which convert, or make available, land or facility that

would otherwise be not developable or difficult to develop without substantial environmental

remediation in any zone created by §44-18-30.C or the Arctic Village redevelopment zone.

(2) Granting of the exemption or stabilization of taxes will inure to the benefit of the

town by reason of the willingness of a manufacturing or commercial or residential firm or

property owner to construct new or to replace, reconstruct, convert, expand, retain, or remodel

existing buildings, facilities, machinery, or equipment with modern buildings, facilities, fixtures,

machinery, or equipment, resulting in an increase or maintenance in plant, residential housing, or

commercial building investment by the firm or property, real or personal, owned in the Arctic

Village redevelopment zone.

(b) Provided however, that should the town council make the determination contained in

subparagraph (a)(1)(ii) of this subsection, any exemption or stabilization may be granted as to

new buildings, fixtures, machinery, or equipment for new buildings, firms, or expansions, and

may be granted as to existing buildings, fixtures, machinery, and equipment.

(c) For purposes of this section, "property, real or personal, used for commercial

purposes" means any building or structure used essentially for offices, retail, or commercial

enterprises.

(d) Except as provided in this section, property, real or personal, the payment of taxes on

which has been so exempted or which is subject to the payment of a stabilized amount of taxes,

shall not, during the period for which the exemption or stabilization of the amount of taxes is

granted, be further liable to taxation by the town as long as the property, real or personal, is used

for the manufacturing or commercial, including office, retail, and other commercial enterprises,

or residential purposes for which the exemption or stabilized amount of taxes was made.

(e) Any tax exemption or stabilization granted by the town council pursuant to this

section shall be applicable for a period beginning on the first day of the fiscal year in which the

exemption or stabilization is granted or the first day of the fiscal year in which a certificate of

occupancy is issued for the new, renovated property.

(f) If a property owner whose property tax has been exempted or stabilized pursuant to

this section becomes delinquent in the payment of its property taxes, the town council shall have

the authority to review and terminate the tax exemption or stabilization agreement. Such

termination shall be at the town council's sole and absolute discretion.

SECTION 2. This act shall take effect upon passage.

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LC006149

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