2013 -- H 5225

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LC00829

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC PROPERTY -- ACQUISITION OF LAND

     Introduced By: Representatives Cimini, Tomasso, Martin, Handy, and Kazarian

     Date Introduced: January 31, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-6-2 of the General Laws in Chapter 37-6 entitled "Acquisition of

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Land" is hereby amended to read as follows:

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     37-6-2. Rules, regulations, and procedures of committee. -- (a) The state properties

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committee is hereby authorized and empowered to adopt and prescribe rules of procedure and

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regulations, and from time to time amend, change, and eliminate rules and regulations, and make

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such orders and perform such actions as it may deem necessary to the proper administration of

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this chapter and sections 37-7-1 -- 37-7-9. In the performance of the commission's duties

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hereunder, the commission may in any particular case prescribe a variation in procedure or

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regulation when it shall deem it necessary in view of the exigencies of the case and the

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importance of speedy action in order to carry out the intent and purpose of this chapter and

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sections 37-7-1 -- 37-7-9. The commission shall file written notice thereof in the office of the

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secretary of state. All filings shall be available for public inspection.

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      (b) The following siting criteria shall be utilized whenever current existing leases expire

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or additional office space is needed:

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      (1) A preference shall be given to sites designated as enterprise zone census tracts

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pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to section 45-

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31-8, or in downtown commercial areas where it can be shown the facilities would make a

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significant impact on the economic vitality of the community's central business district;

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      (2) Consideration should be given to adequate access via public transportation for both

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employees as well as the public being served, the needs of all users shall be considered, including

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people who must utilize public transportation, especially the elderly and the disabled, and, where

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appropriate, adequate parking. It shall be the policy of the state to consider people of all ages and

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abilities and all appropriate forms of available transportation;

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      (3) A site must be consistent with the respective community's local comprehensive plan;

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and

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      (4) The division of planning within the department of administration shall be included in

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the evaluation of all future lease proposals.

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      (c) The state properties committee shall explain, in writing, how each site selected by the

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committee for a state facility meets the criteria described in subsection (b) of this section. In the

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event that a state facility that must be accessed by the public is located in an area that is not

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accessible to public transportation, within a one-half (.5) mile radius, the committee's report must

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indicate the reason for the lack of accessibility, which may include, but not be limited to,

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disproportionate costs of accessible space compared to space located near public transportation.

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The state properties committee shall provide an annual report to the general assembly, which

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shall include this information.

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      (d) For any lease, rental agreement or extension of an existing rental agreement for

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leased office and operating space which carries a term of five (5) years or longer, including any

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options or extensions that bring the total term to five (5) years or longer, where the state is the

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tenant and the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000) the

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state properties committee shall request approval of the general assembly prior to entering into

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any new agreements or signing any extensions with existing landlords. The state properties

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committee, in the form of a resolution, shall provide information relating to the purpose of the

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lease or rental agreement, the agency's current lease or rental costs, the expiration date of any

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present lease or rental agreement, the range of costs of a new lease or rental agreement, the

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proposed term of a new agreement, and the location and owner of the desired property.

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     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 PUBLIC PROPERTY -- ACQUISITION OF LAND

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     This act would require the state properties committee to consider access to public

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transportation when selecting a site for a public facility and to state specific reasons for the lack

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of accessibility when they select a site less than one-half (.5) mile from public transportation. The

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act would also require the committee prepare an annual report to the general assembly to monitor

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compliance.

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     This act would take effect upon passage.

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LC00829

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