2012 -- S 2440

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LC00286

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

ECONOMIC DEVELOPMENT CORPORATION

     Introduced By: Senator James C. Sheehan

     Date Introduced: February 16, 2012

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-64-13 and 42-64-14 of the General Laws in Chapter 42-64

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entitled "Rhode Island Economic Development Corporation" are hereby amended to read as

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follows:

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     42-64-13. Relations with municipalities. -- (a) (1) With respect to projects situated on

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federal land, the Rhode Island economic development corporation is authorized to plan, construct,

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reconstruct, rehabilitate, alter, improve, develop, maintain, and operate projects: (i) in conformity

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with the applicable provisions of chapter 1 of title 2 except that the projects shall not require the

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approval of a town or city council provided for in section 2-1-21, and (ii) without regard to the

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zoning or other land use ordinances, codes, plans, or regulations of any municipality or political

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subdivision; provided, however, that the exemption from the zoning or other land use ordinances,

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codes, plans, or regulations shall be subject to the corporation's compliance with the provisions of

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this subsection. Projects which are planned, constructed, reconstructed, rehabilitated, altered,

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improved, or developed by the corporation on federal land in accordance with the provisions of

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this subsection may be maintained and operated by lessees from and successors in interest to the

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corporation in the same manner as if the projects had been in existence prior to the enactment of

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the zoning or other land use ordinances, codes, plans, or regulations which, but for this chapter,

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would otherwise be applicable.

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      (2) As used in this section, "the comprehensive plan" means a comprehensive plan

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adopted pursuant to chapter 22 of title 45 by a planning board or commission; "the applicable

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comprehensive plan" shall mean the comprehensive plan of any municipality within which any

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project is to be situated, in whole or in part; and "the project plan" shall mean a general

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description of a proposed project situated on federal land, describing in reasonable detail its

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location, nature, and size. A zoning ordinance adopted by a municipality pursuant to chapter 24 of

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title 45 shall not be deemed to be a comprehensive plan nor a statement of the land use goals,

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objectives, and standards.

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      (3) If any projects are situated on federal land in the town of North Kingstown, in whole

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or in part, the corporation shall refer the project plan to the director of planning for a

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determination of substantial conformity within the applicable comprehensive plan. The

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determination shall be in writing and be made within fifteen (15) days of the submission. If no

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determination is made within fifteen (15) days, the project shall be deemed to conform to the

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applicable comprehensive plan.

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      (3)(4) If any project plan of the corporation with respect to projects situated on federal

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land substantially conforms to the land use goals, objectives, and standards of the applicable

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comprehensive plan as of the time of the corporation's adoption of the project plan, or if there is

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no applicable comprehensive plan, then before proceeding with the project described in the

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project plan, the corporation shall refer the project plan to the appropriate community advisory

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committee which may thereafter hold any public hearings as it may deem to be desirable for the

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purpose of permitting the public to comment on the project plan. The community advisory

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committee shall not later than forty-five (45) days after its receipt of the project plan, transmit its

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comments on the project plan, in either written or oral form, to the corporation and thereupon, or

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upon the community advisory committee's failure to take any action within the time specified, the

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corporation shall be authorized to proceed with the project described in the project plan without

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regard to the zoning or other land use ordinances, codes, plans, or regulations of a municipality

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within which the project is to be situated in whole or in part.

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      (4)(5) If any project plan of the corporation with respect to projects situated on federal

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land does not substantially conform to the land use goals, objectives, and standards of the

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applicable comprehensive plan as of the time of the corporation's adoption of the project plan,

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then, before proceeding with the project described in the project plan, the corporation shall refer

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the project plan to the local governing body of any municipality within which any project is to be

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situated, in whole or in part. The local governing body may thereafter hold any public hearings as

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it may deem to be desirable for the purpose of permitting the public to comment on the project

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plan. The local governing body shall, not later than forty-five (45) days after its receipt of the

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project plan, advise the corporation of its approval or disapproval of that plan. If it shall

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disapprove the project plan, the corporation shall nevertheless be authorized to proceed with the

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project described in the project plan (without regard to the zoning or other land use ordinances,

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codes, plans, or regulations of a municipality within which the project is to be situated in whole

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or in part) upon the subsequent affirmative vote of a majority of the members of the board of

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directors then holding office as directors taken at a meeting open to the public. If the local

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governing body approves the project plan or fails to take any action within the time specified, the

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corporation shall be authorized to proceed with the project described in the project plan without

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regard to the zoning or other land use ordinances, codes, plans, or regulations of a municipality

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within which the project is to be situated in whole or in part.

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      (5) The project plan's conformity with the applicable comprehensive plan shall be

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determined by the board of directors of the corporation and its determination shall be binding and

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conclusive for all purposes.

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      (b) With respect to projects situated on real property other than federal land, the

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corporation shall plan, construct, reconstruct, rehabilitate, alter, improve, develop, maintain, and

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operate projects in conformity with the applicable zoning or other land use ordinances, codes,

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plans, or regulations of any municipality or political subdivision of the state in which those

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projects are situated.

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      (c) The corporation shall, in planning, constructing, reconstructing, rehabilitating,

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altering, or improving any project, comply with all requirements of state and federal laws, codes,

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or regulations applicable to that planning, construction, reconstruction, rehabilitation, alteration,

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or improvement. The corporation shall adopt a comprehensive building code (which may, but

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need not be, the BOCA Code) with which all projects shall comply. That adoption shall not

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preclude the corporation's later adoption of a different comprehensive building code or of its

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alteration, amendment, or supplementation of any comprehensive building code so adopted.

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Except as otherwise specifically provided to the contrary, no municipality or other political

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subdivision of the state shall have the power to modify or change in whole or in part the

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drawings, plans, or specifications for any project of the corporation; nor to require that any

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person, firm, or corporation employed with respect to that project perform work in any other or

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different manner than that provided by those drawings, plans, and specifications; nor to require

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that any such person, firm, or corporation obtain any approval, permit, or certificate from the

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municipality or political subdivision in relation to the project; and the doing of that work by any

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person, firm, or corporation in accordance with the terms of those drawings, plans, specifications,

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or contracts shall not subject the person, firm, or corporation to any liability or penalty, civil or

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criminal, other than as may be stated in the contracts or may be incidental to the proper

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enforcement thereof; nor shall any municipality or political subdivision have the power to require

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the corporation, or any lessee or successor in interest, to obtain any approval, permit, or

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certificate from the municipality or political subdivision as a condition of owning, using,

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maintaining, operating, or occupying any project acquired, constructed, reconstructed,

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rehabilitated, altered, or improved by the corporation or pursuant to drawings, plans, and

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specifications made or approved by the corporation; provided, however, that nothing contained in

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this subsection shall be deemed to relieve any person, firm, or corporation from the necessity of

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obtaining from any municipality or other political subdivision of the state any license which, but

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for the provisions of this chapter, would be required in connection with the rendering of personal

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services or sale at retail of tangible personal property.

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      (d) Except to the extent that the corporation shall expressly otherwise agree, a

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municipality or political subdivision, including, but not limited to, a county, city, town, or district,

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in which a project of the corporation is located, shall provide for the project, whether then owned

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by the corporation or any successor in interest, police, fire, sanitation, health protection, and other

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municipal services of the same character and to the same extent as those provided for other

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residents of that municipality or political subdivision, but nothing contained in this section shall

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be deemed to require any municipality or political subdivision to make capital expenditures for

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the sole purpose of providing any of these services for that project.

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      (e) In carrying out a project, the corporation shall be empowered to enter into contractual

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agreements with municipalities and public corporations and those municipalities and public

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corporations are authorized and empowered, notwithstanding any other law, to enter into any

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contractual agreements with the corporation and to do all things necessary to carry out their

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obligations under the agreements.

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      (f) Notwithstanding the provisions of any general, special, or local law or charter,

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municipalities and public corporations are empowered to purchase, or to lease for a term not

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exceeding ninety-nine (99) years, projects of the corporation, upon any terms and conditions as

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may be agreed upon by the municipality or public corporation and the corporation.

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     42-64-14. Relations with state agencies. -- (a) In planning and carrying out projects, the

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Rhode Island economic development corporation and its subsidiaries shall conform to the

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applicable provisions of the state guide plan as that plan may from time to time be altered or

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amended. In determining whether its proposed projects are in conformity with the state guide

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plan, the corporation and all persons dealing with it shall be entitled to rely upon a written

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statement signed by it’s the chairperson or vice-chairperson of the state planning council to the

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effect that the proposed project conforms or does not conform to the state guide plan. If the

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corporation shall submit submits to the state planning council a written request for this

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determination accompanied by a general description of a proposed project describing in

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reasonable detail its location, nature, and size, and the state planning council shall not within

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forty-five (45) days after the receipt of this written request issue its written statement to the effect

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that the proposed project conforms or does not conform to the state guide plan as the case may be,

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then conformity of the proposed project with the state guide plan shall be conclusively presumed.

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A written statement issued by the state planning council to the effect that a proposed project does

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not conform to the state guide plan shall state the respects in which conformity is lacking.

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      (b) In planning and carrying out projects, the corporation shall conform to the applicable

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provisions of chapter 23 of title 46.

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      (c) The corporation is authorized and empowered to acquire and to dispose of real

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property, subject to the provisions of this chapter, without the necessity of obtaining the approval

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of the state properties committee or otherwise complying with the provisions of title 37.

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     SECTION 2. This act shall take effect upon passage.

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LC00286

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

ECONOMIC DEVELOPMENT CORPORATION

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     This act would clarify that the Rhode Island economic development corporation and its

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subsidiaries must conform to applicable provisions of the state guide plan. This act would further

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require that if any projects are situated on federal land in the town of North Kingstown, the

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economic development corporation shall refer the plan to the town's director of planning for a

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determination of substantial conformity to the applicable comprehensive plan, which

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determination shall be made within fifteen (15) days of submission.

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     This act would take effect upon passage.

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LC00286

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