2013 -- H 6074

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LC02463

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- EXECUTIVE OFFICE OF

ECONOMIC DEVELOPMENT

     Introduced By: Representatives Giarrusso, Trillo, Costa, Morgan, and Chippendale

     Date Introduced: May 02, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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     CHAPTER 7.4

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EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

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     42-7.4-1. Declaration of purpose. -- The purpose of this chapter is to establish within

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the executive office of state government an executive office of economic development. The

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executive office of economic development will serve as the principal agency of the executive

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branch of state government for planning, organizing, facilitating, marketing and managing the

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state's efforts to attract and retain business and industrial enterprises, and foster a vibrant business

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economy.

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     42-7.4-2. Executive office of economic development. -- There is hereby established

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within the executive branch of state government an executive office of economic development.

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     42-7.4-3. Powers and duties of the executive office. -- The executive office shall be

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responsible for the management and administration of the following state departments:

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     (1) Department of business regulation (chapter 14 of title 42);

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     (2) Department of labor and training (chapter 16.1 of title 42); and

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     (3) All state departments, divisions and agencies having oversight and regulatory

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authority over tourism, economic development, corporate services and marketing of the state's

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resources to existing or prospective businesses.

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     42-7.4-4. Responsibilities of the executive office of economic development. -- The

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executive office of economic development shall have the following powers and responsibilities:

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     (1) Improve the effectiveness, efficiency, coordination, and quality of economic

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development policy and planning, budgeting and financing.

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     (2) Manage the development and, where necessary, the financing of business-related

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infrastructure in cooperation with local cities and towns and through a separately organized

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economic development financing corporation.

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     (3) Implement best practices in regulating business activities where called for or required,

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with an eye toward minimization or repeal of regulatory processes where little or no economic

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benefit can be demonstrated.

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     (4) Design strategies and implement best practices to align statewide educational assets

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with workforce development.

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     (5) Organize and coordinate business incubation centers within Rhode Island colleges

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and universities to develop and commercialize scientific, technical and engineering discovery.

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     (6) Leverage the state's tourism assets by undertaking national and international

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marketing efforts to increase visitor arrivals and stays.

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     (7) Maximize and leverage funds from all available public and private sources, including

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federal financial participation, grants and awards.

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     (8) Ensure that economic development policies and programs are responsive to changing

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economic needs and changes in the business environment affecting the welfare of the residents of

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the state.

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     (9) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

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otherwise deal in and with, real or personal property. or any interest in real or personal property,

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wherever situated.

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     (10) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose

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of all or any part of its property and assets for any consideration and upon any terms and

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conditions as the corporation shall determine.

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     (11) To make contracts and guarantees and incur liabilities, borrow money at any rates of

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interest as the corporation may determine.

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     (12) To make and execute agreements of lease, conditional sales contracts, installment

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sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other

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contracts and instruments necessary or convenient in the exercise of the powers and functions of

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the corporation granted by this chapter.

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     (13) To lend money for its purposes, invest and reinvest its funds, and at its option to take

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and hold real and personal property as security for the payment of funds so loaned or invested.

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     (14) To acquire or contract to acquire, from any person, firm, corporation, municipality,

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the federal government, or the state, or any agency of either the federal government or the state,

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by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition

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of any property, real or personal, improved or unimproved, and interests in land less than the fee

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thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,

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transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the

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purposes of carrying out the provisions and intent of this chapter, for any consideration as the

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corporation shall determine.

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     (15) To conduct its activities, carry on its operations, and have offices and exercise the

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powers granted by this chapter, within or outside of the state.

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     (16) To undertake the planning, development, construction, financing, management,

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operation of any project, and all activities in relation thereto.

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     (17) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber

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any port project, (or in the case of a sale, to accept a purchase money mortgage in connection

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with any port project) or to grant options for any purposes with respect to any real or personal

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property or interest in real or personal property all of the foregoing for consideration as the

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corporation shall determine. Any lease by the corporation to another party may be for any part of

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the corporation's property, real or personal, for any period upon any terms or conditions, with or

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without an option on the part of the lessee to purchase any or all of the leased property for any

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consideration, at or after the retirement of all indebtedness incurred by the corporation on account

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thereof as the corporation shall determine.

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     (i) Without limiting the generality of the foregoing, the corporation is expressly

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empowered to lease or sell any part of the real or personal property owned or controlled by the

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corporation to the state, or any department of the state or to any municipality. The provisions of

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this section or of any other laws of this state (other than this chapter) restricting the power of the

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state, its departments or any municipality, to lease or sell property or requiring or prescribing

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publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of

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lease or sale, that would in any manner interfere with the purpose of this section, which is to

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provide for the mutual cooperation by and between the corporation and the state, its departments

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or any municipality, to the fullest extent possible, are not applicable to leases and sales made

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pursuant to this section.

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     (18) To prepare or cause to be prepared plans, specifications, designs, and estimates of

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costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any

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project, and from time to time to modify those plans specifications, designs, or estimates.

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     (19) To manage any project, whether then owned or leased by the corporation, and to

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enter into agreements with the state or any municipality or any agency or their instrumentalities,

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or with any person, firm, partnership, or corporation, either public or private, for the purpose of

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causing any project to be managed.

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     (20) To provide advisory consultative, training, and educational service, technical

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assistance, and advice to any person, firm, partnership, or corporation, whether it is public or

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private, in order to carry out the purposes of this chapter.

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     (21) Subject to the provisions of any contract with note holders or bond holders to

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consent to the modification, with respect to rate of interest, time of payments of any installment

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of principal or interest security or any other term of any mortgage, mortgage loan, mortgage loan

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commitment, contract, or agreement of any kind to which the corporation is a party.

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     (22) In connection with any property on which it has made a mortgage loan, to foreclose

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on that property or commence an action to protect or enforce any right conferred upon it by law,

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mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure

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or any other sale, or to acquire or take possession of the property; and in that event the

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corporation may complete, administer, pay the principal of, or interest on any obligations incurred

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in connection with the property, dispose of and otherwise deal with the property in a manner as

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may be necessary or desirable to protect the interest of the corporation therein.

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     (23) As security for the payment of principal and interest on any bonds or notes or any

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agreements made in connection therewith, to mortgage and pledge any or all of its projects and

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property, whether then owned or thereafter acquired and to pledge the revenues and receipts from

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all or part thereof and to assign or pledge the leases, sales contracts or loan agreements or other

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agreements on any portion or all of its projects and property and to assign or pledge the income

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received by virtue of the lease, sales contracts, loan agreements or other agreements.

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     (24) To invest any funds of the corporation, including, funds held in reserve or sinking

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funds, or any moneys not required for immediate use or disbursement at the discretion of the

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corporation, in:

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     (i) Obligations of the state or the United Stales;

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     (ii) Obligations of the principal and interest of which are guaranteed by the state or the

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United States:

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     (iii) Obligations of agencies and instrumentalities of the state or the United States;

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     (iv) Certificates of deposits of banks and trust companies or shares of building loan

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associations organized under the laws of the state or doing business in the state; or

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     (v) Any obligations, securities, and other investments as shall be specified in resolutions

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of corporation.

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     (25) To engage the services of consultants on a contract basis for rendering professional

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and technical assistance and advice, and to employ architects, engineers, attorneys, accountants,

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construction, and financial experts and any other advisors, consultants, and agents as may be

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necessary in his or her judgment, and to fix their compensation.

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     (26) To contract for and to accept any gifts or grants or loans or funds or property or

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financial or other assistance in any form from the United States or any agency or instrumentality

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of the United States or from the state or from any other agency or instrumentality of the state or

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from any other source and to comply, subject to the provisions of this chapter, with the terms and

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conditions of this contract.

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     (27) To enter into agreements with any municipality or political subdivision, either

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directly or on behalf of any other party which holds legal title to all or any portion of a project as

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the lessee from the corporation designated pursuant to subsection 42-64-20(c), providing that the

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corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political

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subdivision of the state in respect to any real or personal property which is owned by the

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corporation or the lessee and is located in the municipality or political subdivision.

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     (28) To borrow money and to issue negotiable bonds and notes, and to provide for the

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rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any

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part of the cost of any port project or for the purpose of refunding any of these bonds issued.

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     (29) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve,

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rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of

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the costs of these bonds and notes from the proceeds of bonds of the corporation or from any

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contribution, gift, or donation or other funds made available to the corporation for those purposes.

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     (30) To fix, charge and collect rents, fees, tolls, and charges for the use of any port

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project and to alter and investigate rates, and practices of charging, which affect port projects so

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as to increase commerce in the state.

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     (31) To prescribe rules and regulations deemed necessary or desirable to carry out the

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purposes of this chapter including rules and regulations to insure maximum use and proper

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operation of port projects.

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     (32) To establish penalties for violations of any order, rule, or regulation of the

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corporation, and a method of enforcing these penalties.

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     (33) To develop, maintain, and operate foreign trade zones under those terms and

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conditions that may he prescribed by law.

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     (34) To impose administrative penalties in accordance with the provisions of section 42-

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64-9.2.

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     (35) To make assessments and impose reasonable and just user charges, and to pay for

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those expenses that may be required by law or as maybe determined by the corporation to be

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necessary for the maintenance and operation of the sewage treatment facility.

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     (36) To establish a sewage pretreatment program, and to require as a condition to the

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grant or re-issuance of any approval, license, or permit required under the program that the person

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applying for the approval, license or permit, pay to the corporation a reasonable fee based on the

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cost of reviewing and acting upon the application and based on the costs of implementing the

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program. In addition, where a violation of any of the provisions of this title or any permit, rule,

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regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the

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corporation for the actual costs of implementing and enforcing the terms of the permit, rule,

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regulation or order as a condition to the grant or re-issuance of any approval.

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     (37) To assist urban communities revitalize their local economics.

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     (38) To provide assistance to minority businesses and to neighborhoods where there is

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insufficient economic and business investment.

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     (39) To support and assist entrepreneurial activity by minorities and by low and moderate

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income persons.

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     (40) To issue bonds and notes of the type and for those projects and for those purposes

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specified in any Joint Resolution of the General Assembly adopted by the Rhode Island house of

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representatives and the Rhode Island senate; pursuant to section 18 of title 35 of the general laws

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entitled the "Rhode Island Public Corporation Debt Management Act"; and to make such

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determinations, enter into such agreements, to deliver such instruments and to take such other

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actions as it shall deem necessary or desirable to effectuate the financing of such projects.

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     42-7.4-5. Secretary of economic development -- Appointment. -- The executive office

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of economic development shall be administered by the secretary of economic development,

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hereafter referred to as ("secretary"). The secretary will be an individual with significant

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experience in business and industry, and must have been responsible for managing an enterprise

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with more than one thousand (1,000) employees. The position of secretary is hereby created in

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the unclassified service. The secretary shall be appointed by the governor, and shall be subject to

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the advice and consent of the senate. The secretary shall hold office at the pleasure of the

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governor, and until a successor is appointed and qualified. Before entering upon the discharge of

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duties, the secretary shall take an oath to faithfully execute the duties of the office.

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     42-7.4-6. Responsibilities of the secretary. -- The secretary shall be responsible to the

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governor for supervising the executive office of economic development, and for managing and

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providing strategic leadership and direction to the departments reporting to the office.

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Notwithstanding the provisions set forth in this chapter, the governor shall appoint the directors

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of the departments within the executive office of economic development. Directors appointed to

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those departments shall continue to be subject to the advice and consent of the senate and shall

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continue to hold office as set forth in section 42-6-1 et seq.

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     42-7.4-7. Appointment of employees. -- The secretary, subject to the provisions of

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applicable state law, shall be the appointing authority for all employees of the executive office of

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economic development.

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     42-7.4-8. Transfer of powers and duties. -- All the administrative powers and duties

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heretofore vested by law in the following state department shall be vested in the executive office:

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     (1) Executive office of economic development (chapter 7.4 of this title).

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     (2) Department of business regulation (chapters 14, 14.1, 14.2 and 14.4 of this title).

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     (3) Department of labor and training (chapter 16.1 of this title).

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     42-7.4-9. Rules and regulations. -- The secretary of the executive office of economic

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development is authorized to make and promulgate such rules and regulations as he or she deems

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necessary for the proper administration of this chapter and to carry out the purposes thereof.

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     42-7.4-10. Severability. -- If any provision of this chapter or the application thereof to

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any person or circumstance is held invalid. such invalidity shall not affect other provisions or

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applications of the chapter which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. Chapter 42-64 of the General Laws entitled "RHODE ISLAND

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ECONOMIC DEVELOPMENT CORPORATION" is hereby repealed in its entirety.

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     CHAPTER 42-64

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Rhode Island Economic Development Corporation

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     42-64-1. Short title. -- This chapter shall be known as "The Rhode Island Economic

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Development Corporation Act".

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     42-64-1.1. Change of name. -- (a) Whenever in any general or public law, reference is

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made to the "department of economic development" or the "Rhode Island port authority and

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economic development corporation", the reference shall be deemed to refer to and mean the

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"Rhode Island economic development corporation", which may also be referred to as the

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"economic development corporation".

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      (b) Whenever in any general or public law, reference is made to the "director of the

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department of economic development" or the "executive director of the Rhode Island port

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authority and economic development corporation", the reference shall be deemed to refer to and

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mean the "executive director of the Rhode Island economic development corporation".

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      (c) Whenever in any general or public law, reference is made to the "economic

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development council", the reference shall be deemed to refer to and mean the "board of directors

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of the Rhode Island economic development corporation".

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     42-64-2. Legislative findings. -- (a) It is found and declared that there exists in our state

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a condition of substantial and persistent unemployment and underemployment which causes

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hardship to many individuals and families, wastes vital human resources, increases the public

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assistance burdens of the state, impairs the security of family life, contributes to crime and

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delinquency, prevents many of our youths from continuing their education, impedes the economic

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and physical development of municipalities and adversely affects the welfare and prosperity of

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our state; that many existing industrial, manufacturing, recreational and commercial facilities in

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our state are obsolete and inefficient, and dilapidated; that many of these facilities are under-

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utilized or in the process of being vacated, creating additional unemployment; that technological

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advances and the provision of modern and efficient industrial, manufacturing, recreational and

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commercial facilities in other states will speed the obsolescence and abandonment of existing

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facilities, causing serious injuries to the economy of our state; that the drastic curtailment of

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federal military installations in our state presently being undertaken and the announcement by the

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United States government of plans to relocate large numbers of military personnel and their

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families presently on duty in this state has and will further result in an additional loss of

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employment and aggravate the overall unemployment conditions of the state; that new industrial,

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manufacturing, recreational, and commercial facilities are required to attract and house new

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industries and thereby reduce the hazards of unemployment; that unaided efforts of private

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enterprises have not met and cannot meet the needs of providing those facilities due to problems

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encountered in assembling suitable building sites, lack of adequate public service, unavailability

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of private capital for development, and the inability of private enterprise alone to plan, finance

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and coordinate industrial, recreational, and commercial development; that the economic

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insecurity attendant to chronic and new unemployment and the absence of new employment

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opportunities constitutes a serious menace for the safety, morals, and general welfare of the

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people of our state.

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      (b) It is further found and declared that the decision of the United States government to

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close certain military facilities located within the state (including those located in the towns of

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North Kingstown, Portsmouth, Middletown and Charlestown, and the city of Newport) and to

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dispose of the property comprising those facilities will, because many residents of the state were

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employed by the United States government at those facilities, aggravate the condition of

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employment and underemployment mentioned above. The United States government is

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authorized and intends to make available to the state or to an instrumentality thereof, the property

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to be disposed of and by virtue of the provisions of Public Laws 1939, chapter 696, certain land in

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the town of North Kingstown shall revert to the state upon the abandonment by the United States

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government of the naval base located there. With comprehensive planning and adequate

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financing, the property can be converted to industrial, manufacturing, recreational, and

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commercial uses which will promote a healthy and growing economy, thereby encouraging new

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industries and commercial enterprises to locate in the state, enabling existing industries and

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commercial enterprises to remain and expand, and alleviating the condition of unemployment and

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underemployment that now exists.

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      (c) It is further found and declared that notwithstanding the decision of the United States

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government to dispose of the property mentioned above, there will continue to be a shortage of

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property in the state for industrial, manufacturing, recreational, and commercial development.

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The expansion of the economy, while increasing the need for that property, will continually

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diminish the supply of that property. Private enterprise has encountered difficulty in providing

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new industrial, manufacturing, recreational, and commercial facilities in economically strategic

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areas of the state, because of the problems in assembling tracts of property suitable for those

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purposes and the cost of providing adequate public services to serve the development.

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      (d) It is further found and declared that the acquisition and development of property for

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industrial, manufacturing, recreational, and commercial purposes (including the property to be

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disposed of by the United States government and that land reverting to the state pursuant to the

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provisions of Public Laws 1939, chapter 696) and the disposition thereof, must be undertaken on

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a comprehensive statewide basis so as to assure that new industrial, manufacturing, recreational,

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and commercial sites are adequately served by appropriate transportation facilities and public

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services and that those sites are located in any manner as to provide for the orderly economic

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growth and development of the state, while at the same time conserving the environment. Local

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planning and development agencies and institutions are insufficient to provide for that

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comprehensive statewide planning and development.

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      (e) It is further found and declared that the appropriate development of the property to be

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disposed of by the United States government and that land reverting to the state pursuant to

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Public Laws 1939, chapter 696 will require development not only for industrial and commercial

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purposes but also for transportation, residential, recreational, utility, institutional, civic, and

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community purposes.

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      (f) It is further found and declared that there exists in the state blighted or substandard

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areas, or areas which are becoming blighted and substandard, including obsolete and dilapidated

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buildings and structures, defective construction, outmoded and obsolete design, lack of proper

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sanitary facilities, or adequate fire and safety protection, excessive land coverage, insufficient

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light and ventilation, illegal uses and conversions, inadequate maintenance, buildings abandoned

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or not utilized in whole or in part, obsolete systems of utilities, poorly or improperly designed

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street patterns and intersections, inadequate access to areas, inadequate transportation facilities,

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all of which hamper or impede proper and economic growth of the area as well as the state as a

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whole.

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      (g) It is further found and declared to be the public policy of the state to encourage the

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expansion and development of the state's harbors and ports; to foster and improve the handling of

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waterborne commerce from and to any port of this state and other states and foreign counties; to

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seek to effect consolidation of the ports of this state and to promote a spirit of cooperation among

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these ports in the interest of the state as a whole; to initiate and further plan for the development

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of the ports of this state and to keep informed as to the present and future requirements and needs

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of the ports of this state; also to furnish proper and adequate airport facilities within this state and

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to encourage the integration of these facilities so far as practicable.

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      (h) In the furtherance of these goals, it is the policy of the state to retain existing

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industries and to induce, encourage, and attract new industries through the acquisition,

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construction, reconstruction, and rehabilitation of industrial, manufacturing, recreational, and

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commercial facilities, as well as transportation, residential, environmental, utility, public service,

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institutional, and civic and community facilities, and to develop sites for those facilities.

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      (i) It is declared to be the policy of the state to promote a vigorous and growing

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economy, to prevent economic stagnation, and to encourage the creation of new job opportunities

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in order to ameliorate the hazards of unemployment and underemployment, reduce the level of

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public assistance, increase revenues to the state and its municipalities, and to achieve a stable

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diversified economy.

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      (j) The purpose of this chapter is to create the Rhode Island economic development

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corporation having an existence separate and apart from the state, with the power and authority to

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acquire and develop property within the state and to provide financing for the purposes set forth

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above in this chapter.

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     42-64-3. Definitions. -- As used in this chapter, the following words and terms shall have

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the following meanings, unless the context indicates another or different meaning or intent:

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      (1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty

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specified in section 42-64-9.2 of this chapter.

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      (2) "Airport facility" means developments consisting of runways, hangars, control

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towers, ramps, wharves, bulkheads, buildings, structures, parking areas, improvements, facilities,

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or other real or personal property necessary, convenient, or desirable for the landing, taking off,

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accommodation, and servicing of aircraft of all types, operated by carriers engaged in the

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transportation of passengers or cargo, or for the loading, unloading, interchange, or transfer of the

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passengers or their baggage, or the cargo, or otherwise for the accommodation, use or

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convenience of the passengers or the carriers or their employees (including related facilities and

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accommodations at sites removed from landing fields and other landing areas), or for the landing,

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taking off, accommodation, and servicing of aircraft owned or operated by persons other than

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carriers. It also means facilities providing access to an airport facility, consisting of rail, rapid

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transit, or other forms of mass transportation which furnish a connection between the air terminal

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and other points within the state, including appropriate mass transportation terminal facilities at

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and within the air terminal itself and suitable offsite facilities for the accommodation of air

11-49

passengers, baggage, mail, express, freight, and other users of the connecting facility.

11-50

      (3) "BOCA code" means the BOCA basic building code published by building officials

11-51

& code administrators international, inc., as the code may from time to time be promulgated by

11-52

the building officials & code administrators international, inc.

11-53

      (4) "Bonds" and "notes" means the bonds, notes, securities, or other obligations or

11-54

evidences of indebtedness issued by the corporation pursuant to this chapter, all of which shall be

11-55

issued under the name of and known as obligations of the "Rhode Island economic development

11-56

corporation."

11-57

      (5) "Civic facility" means any real or personal property designed and intended for the

11-58

purpose of providing facilities for educational, cultural, community, or other civic purposes.

11-59

      (6) "Compliance schedule" means a schedule of remedial measures including an

11-60

enforceable sequence of actions or operations leading to compliance with an effluent limitation or

11-61

any other limitation, prohibition or standard.

11-62

      (7) "Corporation," "port authority", or "authority" means the governmental agency and

11-63

public instrumentality, formerly known as the "Rhode Island port authority and economic

11-64

development corporation" and renamed the "Rhode Island economic development corporation,"

11-65

authorized, created, and established pursuant to section 42-64-4, or any subsidiary corporation

11-66

thereof which is established pursuant to section 42-64-7.1.

11-67

      (8) "Director" means the executive director of the Rhode Island economic development

11-68

corporation.

12-1

      (9) "Federal land" means real property within the state, now acquired or hereafter

12-2

acquired by the Rhode Island economic development corporation which was formerly owned by

12-3

the United States government, or any agency or instrumentality thereof, including without

12-4

limiting the generality of the foregoing, any and all real property now or formerly owned or used

12-5

by the United States government in the towns of North Kingstown, Portsmouth, Middletown, and

12-6

Charlestown and the city of Newport as military installations or for other purposes related to the

12-7

national defense. Without limiting the generality of the foregoing, federal land shall also mean

12-8

and include certain land in the town of North Kingstown, or any portion thereof, which has or

12-9

shall revert to the state pursuant to the provisions of Public Laws 1939, chapter 696 and is now or

12-10

hereafter acquired by the corporation from the state.

12-11

      (10) "Industrial facility" means any real or personal property, the demolition, removal,

12-12

relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings,

12-13

structures, or facilities, the construction of new buildings, structures, or facilities, the

12-14

replacement, acquisition, modification, or renovation of existing machinery and equipment, or the

12-15

acquisition of new machinery and equipment, or any combination of the United States, which

12-16

shall be suitable for manufacturing, research, production, processing, agriculture, and marine

12-17

commerce, or warehousing; or convention centers, trade centers, exhibition centers, or offices

12-18

(including offices for the government of the United States or any agency, department, board,

12-19

bureau, corporation, or other instrumentality of the United States, or for the state or any state

12-20

agency, or for any municipality); or facilities for other industrial, commercial or business

12-21

purposes of every type and description; and facilities appurtenant or incidental to the foregoing,

12-22

including headquarters or office facilities, whether or not at the location of the remainder of the

12-23

facility, warehouses, distribution centers, access roads, sidewalks, utilities, railway sidings,

12-24

trucking, and similar facilities, parking areas, waterways, dockage, wharfage, and other

12-25

improvements necessary or convenient for the construction, development, maintenance, and

12-26

operation of those facilities.

12-27

      (11) "Local governing body" means any town or city council, commission, or other

12-28

elective governing body now or hereafter vested by state statute, charter, or other law, with

12-29

jurisdiction to initiate and adopt local ordinances, whether or not these local ordinances require

12-30

the approval of the elected or appointed chief executive officer or other official or body to

12-31

become effective.

12-32

      (12) "Local redevelopment corporation" means any agency or corporation created and

12-33

existing pursuant to the provisions of chapter 31 of title 45.

13-34

      (13) "Municipality" means any city or town within the state now existing or hereafter

13-35

created, or any state agency.

13-36

      (14) "Parent corporation" means, when used in connection with a subsidiary corporation

13-37

established pursuant to section42-64-7.1, the governmental agency and public instrumentality

13-38

created and established pursuant to section42-64-4.

13-39

      (15) "Personal property" means all tangible personal property, new or used, including,

13-40

without limiting the generality of the foregoing, all machinery, equipment, transportation

13-41

equipment, ships, aircraft, railroad rolling stock, locomotives, pipelines, and all other things and

13-42

rights usually included within that term. "Personal property" also means and includes any and all

13-43

interests in the property which are less than full title, such as leasehold interests, security

13-44

interests, and every other interest or right, legal or equitable.

13-45

      (16) "Pollutant" means any material or effluent which may alter the chemical, physical,

13-46

biological or radiological characteristics or integrity of water, including but not limited to,

13-47

dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions,

13-48

chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded

13-49

equipment, cellar dirt, or industrial, municipal, agricultural or other waste petroleum or petroleum

13-50

products, including, but not limited to, oil.

13-51

      (17) "Pollution" means the discharge of any gaseous, liquid, or solid substance or

13-52

combination thereof (including noise) into the air, water, or land which affects the physical,

13-53

chemical, or biological properties (including temperature) of the air, water, or land in a manner or

13-54

to an extent which renders or is likely to render the air, water, or land harmful or inimical to the

13-55

public health, safety, or welfare, or to animal, bird, or aquatic life, or to the use of the air or water

13-56

for domestic, industrial, or agricultural purposes or recreation including the man-made or man-

13-57

induced alteration of the chemical, physical, biological or radiological integrity of water.

13-58

      (18) "Pollution control facility" means any land or interest in land, the demolition,

13-59

removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing

13-60

buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the

13-61

replacement, modification, or renovation of existing machinery and equipment, or the acquisition

13-62

of new machinery and equipment, or any combination thereof, having to do with or the purpose

13-63

of which is the abatement, control, or prevention of pollution, including industrial pollution, and

13-64

all real and personal property incidental to that facility.

13-65

      (19) "Port facility" means harbors, ports, and all real and personal property used in

13-66

connection therewith, including, but not limited to, waterways, channels, wharves, docks, yards,

13-67

bulkheads, slips, basins, pipelines, ships, boats, railroads, trucks, and other motor vehicles,

13-68

aircraft, parking areas, shipyards, piers, quays, elevators, compressors, loading and unloading

14-1

facilities, storage facilities, and warehouses of every type, buildings and facilities used in the

14-2

manufacturing, processing, assembling, storing, or handling of any produce or products, other

14-3

structures and facilities necessary for the convenient use of the harbors and seaports, including

14-4

dredged approaches, railways, railroad terminals, side tracks, airports, roads, highways, tunnels,

14-5

viaducts, bridges, and other approaches, useful in connection therewith, and any other shipping or

14-6

transportation facility useful in the operation of a port or harbor.

14-7

      (20) "Project" or "port project" means the acquisition, ownership, operation,

14-8

construction, reconstruction, rehabilitation, improvement, development, sale, lease, or other

14-9

disposition of, or the provision of financing for, any real or personal property (by whomever

14-10

owned) or any interests in real or personal property, including without limiting the generality of

14-11

the foregoing, any port facility, recreational facility, industrial facility, airport facility, pollution

14-12

control facility, utility facility, solid waste disposal facility, civic facility, residential facility,

14-13

water supply facility, energy facility or renewable energy facility, or any other facility, or any

14-14

combination of two (2) or more of the foregoing, or any other activity undertaken by the

14-15

corporation.

14-16

      (21) "Project cost" means the sum total of all costs incurred by the Rhode Island

14-17

economic development corporation in carrying out all works and undertakings, which the

14-18

corporation deems reasonable and necessary for the development of a project. These shall

14-19

include, but are not necessarily limited to, the costs of all necessary studies, surveys, plans, and

14-20

specifications, architectural, engineering, or other special services, acquisition of land and any

14-21

buildings on the land, site preparation and development, construction, reconstruction,

14-22

rehabilitation, improvement, and the acquisition of any machinery and equipment or other

14-23

personal property as may be deemed necessary in connection with the project (other than raw

14-24

materials, work in process, or stock in trade); the necessary expenses incurred in connection with

14-25

the initial occupancy of the project; an allocable portion of the administrative and operating

14-26

expenses of the corporation; the cost of financing the project, including interest on all bonds and

14-27

notes issued by the corporation to finance the project from the date thereof to one year from the

14-28

date when the corporation shall deem the project substantially occupied; and the cost of those

14-29

other items, including any indemnity or surety bonds and premiums on insurance, legal fees, real

14-30

estate brokers and agent fees, fees and expenses of trustees, depositories, and paying agent for

14-31

bonds and notes issued by the Rhode Island economic development corporation, including

14-32

reimbursement to any project user for any expenditures as may be allowed by the corporation (as

14-33

would be costs of the project under this section had they been made directly by the corporation),

14-34

and relocation costs, all as the corporation shall deem necessary.

15-1

      (22) "Project user" means the person, company, corporation, partnership, or commercial

15-2

entity, municipality, state, or United States of America who shall be the user of, or beneficiary of,

15-3

a port project.

15-4

      (23) "Real property" means lands, structures (new or used), franchises, and interests in

15-5

land, including lands under water, and riparian rights, space rights, and air rights, and all other

15-6

things and rights usually included within the term. "Real property" shall also mean and include

15-7

any and all interests in that property less than fee simple, such as easements, incorporeal

15-8

hereditaments, and every estate, interest or right, legal or equitable, including terms for years and

15-9

liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages to

15-10

that real property.

15-11

      (24) "Recreational facility" means any building, development, or improvement, provided

15-12

that building, facility, development, or improvement is designed in whole or in part to attract

15-13

tourists to the state or to provide essential overnight accommodations to transients visiting this

15-14

state, including, without limiting in any way the generality of the foregoing, marinas, beaches,

15-15

bathing facilities, ski facilities, convention facilities, hotels, motels, golf courses, camp grounds,

15-16

arenas, theatres, lodges, guest cottages, and all types of real or personal property related thereto as

15-17

may be determined from time to time by the corporation.

15-18

      (25) "Revenues" means: (i) with respect to any project, the rents, fees, tolls, charges,

15-19

installment payments, repayments, and other income or profit derived from a project or a

15-20

combination of projects pursuant to any lease, conditional sales contract, installment sales

15-21

contract, loan agreement, or other contract or agreement, or any combination thereof, and (ii) any

15-22

receipts, fees, payments, moneys, revenues or other payments received or to be received by the

15-23

corporation in the exercise of its corporate powers under this chapter, including, without

15-24

limitation, loan repayments, grants, aid, appropriations and other assistance for the state, the

15-25

United States or any corporation, department or instrumentality of either or of a political

15-26

subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves

15-27

and other funds and accounts established by or pursuant to this chapter or in connection with the

15-28

issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or

15-29

amounts received or receivable by the corporation.

15-30

      (26) "Rule or regulation" means any directive promulgated by the Rhode Island

15-31

economic development corporation not inconsistent with the laws of the United States or the

15-32

state, for the improvement of navigation and commerce or other project purposes and shall

15-33

include, but not be limited to, charges, tolls, rates, rentals, and security provisions fixed or

15-34

established by the corporation.

16-1

      (27) "Sewage" shall be construed to mean the same as "pollutant" as defined in section

16-2

42-64-3(o) above.

16-3

      (28) "Sewage treatment facility" means the sewage treatment plant, structure, combined

16-4

sewer overflows, equipment, interceptors, mains, pumping stations and other property, real,

16-5

personal or mixed, for the treatment, storage, collection, transporting or disposal of sewage, or

16-6

any property or system to be used in whole or in part for any of the aforesaid purposes located or

16-7

operated within the boundaries of the Quonset Point/Davisville Industrial Park, or utilized by the

16-8

corporation for the transport, collection, treatment, storage or disposal of waste.

16-9

      (29) "Solid waste" means garbage, refuse, and other discarded materials, including, but

16-10

not limited to, solid waste materials resulting from industrial, recreational, utility, and commercial

16-11

enterprises, hotels, apartments, or any other public building or private building, or agricultural, or

16-12

residential activities.

16-13

      (30) "Solid waste disposal facility" means any real or personal property, related to or

16-14

incidental to any project, which is designed or intended or designated for the purpose of treating,

16-15

compacting, composting, or disposing of solid waste materials, including treatment, compacting,

16-16

composting, or disposal plants, site and equipment furnishings thereof, and their appurtenances.

16-17

      (31) "Source" means any building, structure, facility or installation from which there is

16-18

or may be the discharge of sewage.

16-19

      (32) "State" means the state of Rhode Island and Providence Plantations.

16-20

      (33) "State agency" means any office, department, board, commission, bureau, division,

16-21

authority, or public corporation, agency or instrumentality of the state.

16-22

      (34) "State guide plan" means the plan adopted pursuant to section 42-11-10, which

16-23

establishes the statewide planning program.

16-24

      (35) "Utility facility" means any real or personal property designed, intended or utilized

16-25

for generating, manufacturing, producing, storing, transmitting, distributing, delivering, or

16-26

furnishing natural or manufactured gas, steam, electrical, or nuclear energy, heat, light, or power

16-27

directly or indirectly to or for any project, project user, or for the public, the collection and

16-28

disposal of storm and sanitary sewage; any railroads necessary or desirable for the free flow of

16-29

commerce to and from projects; any roads, highways, bridges, tunnels, viaducts, or other

16-30

crossings necessary or desirable for the free flow of commerce to and from projects, and any

16-31

public transportation systems or facilities, including, but not limited to, bus, truck, ferry, and

16-32

railroad terminals, depots, tracked vehicles, and other rolling stock and ferries; and any

16-33

appurtenances, equipment, and machinery or other personal property necessary or desirable for

16-34

the utilization thereof.

17-1

      (36) "Water supply facility" means any real or personal property, or any combination

17-2

thereof, related to or incidental to any project, designed, intended, or utilized for the furnishing of

17-3

water for domestic, industrial, irrigation, or other purposes and including artesian wells,

17-4

reservoirs, dams, related equipment, and pipelines, and other facilities.

17-5

      (37) "Renewable energy facility" means any real or personal property, or any

17-6

combination thereof, related to, or incidental to, any project, designed, intended, or utilized for an

17-7

eligible renewable energy resource that meets the criteria set forth in subsections 39-26-5(a) and

17-8

39-26-5(c).

17-9

     42-64-4. Creation. -- (a) There is authorized, created, and established a public

17-10

corporation of the state having a distinct legal existence from the state and not constituting a

17-11

department of state government, which is a governmental agency and public instrumentality of

17-12

the state, to be known as the "Rhode Island economic development corporation", and which may

17-13

be referred to as the "economic development corporation", with those powers that are set forth in

17-14

this chapter, for the purposes of acquiring and developing real and personal property, and

17-15

providing financing to others as set forth in this chapter, providing and promoting and

17-16

encouraging the preservation, expansion and sound development of new and existing industry,

17-17

business, commerce, agriculture, tourism, recreational, and renewable energy facilities,

17-18

promoting thereby the economic development of the state and the general welfare of its citizens.

17-19

      (b) The exercise by the corporation of the powers conferred by this chapter shall be

17-20

deemed and held to be the performance of an essential governmental function of the state for

17-21

public purposes. It is the intent of the general assembly by the passage of this chapter to vest in

17-22

the corporation all powers, authority, rights, privileges, and titles which may be necessary to

17-23

enable it to accomplish the purposes herein set forth, and this chapter and the powers granted

17-24

hereby shall be liberally construed in conformity with those purposes.

17-25

      (c) The corporation and its corporate existence shall continue until terminated by law or

17-26

until the corporation shall cease entirely and continuously to conduct or be involved in any

17-27

business whatsoever in furtherance of its purposes; provided, that no termination shall take effect,

17-28

so long as the corporation shall have bonds, notes, or other obligations outstanding, unless

17-29

adequate provision shall have been made for the payment thereof pursuant to the documents

17-30

securing the obligations or to the terminating law. Upon termination of the existence of the

17-31

corporation, all of its rights and properties shall pass to and be vested in the state. At no time shall

17-32

the assets or other property of the corporation inure to the benefit of any person or other

17-33

corporation or entity.

18-34

     42-64-5. Purposes. -- The Rhode Island economic development corporation is

18-35

authorized, created, and established as the state's lead agency for economic development

18-36

throughout Rhode Island for the following purposes:

18-37

      (1) To promote and encourage the preservation, expansion, and sound development of

18-38

new and existing industry, business, commerce, agriculture, tourism, and recreational facilities in

18-39

the state, which will promote the economic development of the state and the general welfare of its

18-40

citizens; and

18-41

      (2) With respect to real property other than federal land or land related to federal land, to

18-42

undertake any project, except a residential facility; and

18-43

      (3) With respect to federal land or land related to federal land, to undertake any project,

18-44

except as those responsibilities are assigned to the Quonset Development Corporation.

18-45

     42-64-6. General powers. -- (a) Except to the extent inconsistent with any specific

18-46

provision of this chapter, the Rhode Island economic development corporation shall have the

18-47

power:

18-48

      (1) To sue and be sued, complain and defend, in its corporate name.

18-49

      (2) To have a seal, which may be altered at pleasure and to use the seal by causing it, or

18-50

a facsimile of the seal, to be impressed or affixed, or in any other manner reproduced.

18-51

      (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

18-52

otherwise deal in and with, real or personal property, or any interest in real or personal property,

18-53

wherever situated.

18-54

      (4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of

18-55

all or any part of its property and assets for any consideration and upon any terms and conditions

18-56

as the corporation shall determine.

18-57

      (5) To make contracts and guarantees and incur liabilities, borrow money at any rates of

18-58

interest as the corporation may determine.

18-59

      (6) To make and execute agreements of lease, conditional sales contracts, installment

18-60

sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other

18-61

contracts and instruments necessary or convenient in the exercise of the powers and functions of

18-62

the corporation granted by this chapter.

18-63

      (7) To lend money for its purposes, invest and reinvest its funds, and at its option to take

18-64

and hold real and personal property as security for the payment of funds so loaned or invested.

18-65

      (8) To acquire or contract to acquire, from any person, firm, corporation, municipality,

18-66

the federal government, or the state, or any agency of either the federal government or the state,

18-67

by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition

18-68

of any property, real or personal, improved or unimproved, and interests in land less than the fee

19-1

thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,

19-2

transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the

19-3

purposes of carrying out the provisions and intent of this chapter, for any consideration as the

19-4

corporation shall determine.

19-5

      (9) To conduct its activities, carry on its operations, and have offices and exercise the

19-6

powers granted by this chapter, within or outside of the state.

19-7

      (10) To elect or appoint officers and agents of the corporation, and define their duties

19-8

and fix their compensation.

19-9

      (11) To make and alter by-laws, not inconsistent with this chapter, for the administration

19-10

and regulation of the affairs of the corporation, and those by-laws may contain provisions

19-11

indemnifying any person who is or was a director, officer, employee, or agent of the corporation,

19-12

or is or was serving at the request of the corporation as a director, officer, employee, or agent of

19-13

another corporation, partnership, joint venture, trust, or other enterprise, in the manner and to the

19-14

extent provided in section 7-1.2-814 of the business corporation act.

19-15

      (12) To be a promoter, partner, member, associate, or manager of any partnership,

19-16

enterprise, or venture.

19-17

      (13) To have and exercise all powers necessary or convenient to effect its purposes;

19-18

provided, however, that the corporation shall not have any power to create, empower or otherwise

19-19

establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any

19-20

other separate entity without the express approval and authorization of the general assembly.

19-21

      (b) Express approval and authorization of the general assembly shall be deemed to have

19-22

been given for all legal purposes on July 1, 1995 for the creation and lawful management of a

19-23

subsidiary corporation created for the management of the Quonset Point/Davisville Industrial

19-24

Park, that subsidiary corporation being managed by a board of directors, the members of which

19-25

shall be constituted as follows: (1) two (2) members who shall be appointed by the town council

19-26

of the town of North Kingstown; (2) two (2) members who shall be residents of the town of North

19-27

Kingstown appointed by the governor; (3) four (4) members who shall be appointed by the

19-28

governor; (4) the chairperson, who shall be the executive director of the Rhode Island economic

19-29

development corporation; and (5) non-voting members who shall be the members of the general

19-30

assembly whose districts are comprised in any part by areas located within the town of North

19-31

Kingstown.

19-32

      The approval and authorization provided herein shall terminate upon the establishment

19-33

of the Quonset Development Corporation as provided for in chapter 64.10 of this title.

20-34

     42-64-7. Additional general powers. -- In addition to the powers enumerated in section

20-35

42-64-6, except to the extent inconsistent with any specific provision of this chapter, the Rhode

20-36

Island economic development corporation shall have power:

20-37

      (1) To undertake the planning, development, construction, financing, management,

20-38

operation of any project, and all activities in relation thereto.

20-39

      (2) (i) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber

20-40

any port project, (or in the case of a sale, to accept a purchase money mortgage in connection

20-41

with any port project) or to grant options for any purposes with respect to any real or personal

20-42

property or interest in real or personal property, all of the foregoing for consideration as the

20-43

corporation shall determine. Any lease by the corporation to another party may be for any part of

20-44

the corporation's property, real or personal, for any period, upon any terms or conditions, with or

20-45

without an option on the part of the lessee to purchase any or all of the leased property for any

20-46

consideration, at or after the retirement of all indebtedness incurred by the corporation on account

20-47

thereof, as the corporation shall determine.

20-48

      (ii) Without limiting the generality of the foregoing, the corporation is expressly

20-49

empowered to lease or sell any part of the real or personal property owned or controlled by the

20-50

corporation to the state, or any department of the state or to any municipality. The provisions of

20-51

this section or of any other laws of this state (other than this chapter) restricting the power of the

20-52

state, its departments or any municipality, to lease or sell property, or requiring or prescribing

20-53

publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of

20-54

lease or sale, that would in any manner interfere with the purpose of this section, which is to

20-55

provide for the mutual cooperation by and between the corporation and the state, its departments

20-56

or any municipality, to the fullest extent possible, are not applicable to leases and sales made

20-57

pursuant to this section.

20-58

      (3) To prepare or cause to be prepared plans, specifications, designs, and estimates of

20-59

costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any

20-60

project, and from time to time to modify those plans, specifications, designs, or estimates.

20-61

      (4) To manage any project, whether then owned or leased by the corporation, and to

20-62

enter into agreements with the state or any municipality or any agency or their instrumentalities,

20-63

or with any person, firm, partnership, or corporation, either public or private, for the purpose of

20-64

causing any project to be managed.

20-65

      (5) To provide advisory, consultative, training, and educational services, technical

20-66

assistance, and advice to any person, firm, partnership, or corporation, whether it is public or

20-67

private, in order to carry out the purposes of this chapter.

21-68

      (6) Subject to the provisions of any contract with note holders or bond holders to consent

21-69

to the modification, with respect to rate of interest, time of payments of any installment of

21-70

principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan

21-71

commitment, contract, or agreement of any kind to which the corporation is a party.

21-72

      (7) In connection with any property on which it has made a mortgage loan, to foreclose

21-73

on that property or commence an action to protect or enforce any right conferred upon it by law,

21-74

mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure

21-75

or any other sale, or to acquire or take possession of the property; and in that event the

21-76

corporation may complete, administer, pay the principal of, or interest on any obligations incurred

21-77

in connection with the property, dispose of, and otherwise deal with the property in a manner as

21-78

may be necessary or desirable to protect the interest of the corporation therein.

21-79

      (8) As security for the payment of principal and interest on any bonds or notes or any

21-80

agreements made in connection therewith, to mortgage and pledge any or all of its projects and

21-81

property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from

21-82

all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other

21-83

agreements on any portion or all of its projects and property and to assign or pledge the income

21-84

received by virtue of the lease, sales contracts, loan agreements or other agreements.

21-85

      (9) To invest any funds of the corporation, including funds held in reserve or sinking

21-86

funds, or any moneys not required for immediate use or disbursement at the discretion of the

21-87

corporation, in: (i) obligations of the state or the United States, (ii) obligations of the principal

21-88

and interest of which are guaranteed by the state or the United States, (iii) obligations of agencies

21-89

and instrumentalities of the state or the United States, or (iv) certificates of deposits of banks and

21-90

trust companies or shares of building loan associations organized under the laws of the state or

21-91

doing business in the state or (v) any obligations, securities, and other investments as shall be

21-92

specified in resolutions of the corporation.

21-93

      (10) To engage the services of consultants on a contract basis for rendering professional

21-94

and technical assistance and advice, and to employ architects, engineers, attorneys, accountants,

21-95

construction, and financial experts and any other advisors, consultants, and agents as may be

21-96

necessary in his or her judgment, and to fix their compensation.

21-97

      (11) To contract for and to accept any gifts or grants or loans or funds or property or

21-98

financial or other assistance in any form from the United States or any agency or instrumentality

21-99

of the United States or from the state or any agency or instrumentality of the state or from any

21-100

other source and to comply, subject to the provisions of this chapter, with the terms and

21-101

conditions of this contract.

22-102

      (12) To enter into agreements with any municipality or political subdivision, either

22-103

directly or on behalf of any other party which holds legal title to all or any portion of a project as

22-104

the lessee from the corporation designated pursuant to section 42-64-20(c), providing that the

22-105

corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political

22-106

subdivision of the state in respect to any real or personal property which is owned by the

22-107

corporation or the lessee and is located in the municipality or political subdivision.

22-108

      (13) To borrow money and to issue negotiable bonds and notes, and to provide for the

22-109

rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any

22-110

part of the cost of any port project or for the purpose of refunding any of these bonds issued.

22-111

      (14) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve,

22-112

rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of

22-113

the costs of these bonds and notes from the proceeds of bonds of the corporation or from any

22-114

contribution, gift, or donation or other funds made available to the corporation for those purposes.

22-115

      (15) To fix, charge and collect rents, fees, tolls, and charges for the use of any port

22-116

project and to alter and investigate rates, and practices of charging, which affect port projects so

22-117

as to increase commerce in the state.

22-118

      (16) To prescribe rules and regulations deemed necessary or desirable to carry out the

22-119

purposes of this chapter including rules and regulations to insure maximum use and proper

22-120

operation of port projects.

22-121

      (17) To establish penalties for violations of any order, rule, or regulation of the

22-122

corporation, and a method of enforcing these penalties.

22-123

      (18) To develop, maintain, and operate foreign trade zones under those terms and

22-124

conditions that may be prescribed by law.

22-125

      (19) To impose administrative penalties in accordance with the provisions of section 42-

22-126

64-9.2.

22-127

      (20) To make assessments and impose reasonable and just user charges, and to pay for

22-128

those expenses that may be required by law or as may be determined by the corporation to be

22-129

necessary for the maintenance and operation of the sewage treatment facility.

22-130

      (21) To establish a sewage pretreatment program, and to require as a condition to the

22-131

grant or re-issuance of any approval, license, or permit required under the program that the person

22-132

applying for the approval, license or permit, pay to the corporation a reasonable fee based on the

22-133

cost of reviewing and acting upon the application and based on the costs of implementing the

22-134

program. In addition, where a violation of any of the provisions of this title or any permit, rule,

22-135

regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the

22-136

corporation for the actual costs of implementing and enforcing the terms of the permit, rule,

23-1

regulation or order as a condition to the grant or re-issuance of any approval.

23-2

      (22) To assist urban communities revitalize their local economics.

23-3

      (23) To provide assistance to minority businesses and to neighborhoods where there is

23-4

insufficient economic and business investment.

23-5

      (24) To support and assist entrepreneurial activity by minorities and by low and

23-6

moderate income persons.

23-7

      (25) To issue bonds and notes of the type and for those projects and for those purposes

23-8

specified in any Joint Resolution of the General Assembly adopted by the Rhode Island house of

23-9

representatives and the Rhode Island senate; pursuant to section 18 of title 35 of the general laws

23-10

entitled "the Rhode Island Public Corporation Debt Management Act"; and to make such

23-11

determinations, enter into such agreements, to deliver such instruments and to take such other

23-12

actions as it shall deem necessary or desirable to effectuate the financing of such projects.

23-13

     42-64-7.1. Subsidiaries. -- (a) (1) The parent corporation shall have the right to exercise

23-14

and perform its powers and functions, or any of them, through one or more subsidiary

23-15

corporations whose creation shall be approved and authorized by the general assembly.

23-16

      (2) (i) Express approval and authorization of the general assembly shall be deemed to

23-17

have been given for all legal purposes on July 1, 1995 for the creation and lawful management of

23-18

a subsidiary corporation created for the management of the Quonset Point/Davisville Industrial

23-19

Park, that subsidiary corporation being managed by a board of directors, the members of which

23-20

shall be constituted as follows: (A) two (2) members who shall be appointed by the town council

23-21

of the town of North Kingstown; (B) two (2) members who shall be residents of the town of

23-22

North Kingstown appointed by the governor; (C) four (4) members who shall be appointed by the

23-23

governor; (D) the chairperson, who shall be the executive director of the Rhode Island economic

23-24

development corporation; and (E) non-voting members, who shall include the members of the

23-25

general assembly whose districts are comprised in any part by areas located within the town of

23-26

North Kingstown and one non-voting member who shall be a resident of the town of Jamestown,

23-27

appointed by the town council of the town of Jamestown. Upon receipt of approval and

23-28

authorization from the general assembly, the parent corporation by resolution of the board of

23-29

directors may direct any of its directors, officers, or employees to create subsidiary corporations

23-30

pursuant to chapter 1.2 or 6 of title 7 or in the manner described in subsection (b); provided, that

23-31

the parent corporation shall not have any power or authority to create, empower or otherwise

23-32

establish any corporation, subsidiary corporation, corporate body or any form of partnership or

23-33

any other separate entity, without the express approval and authorization of the general assembly.

24-34

      (ii) The approval and authorization provided herein shall terminate upon the

24-35

establishment of the Quonset Development Corporation as provided for in chapter 64.10 of this

24-36

title.

24-37

      (iii) The Quonset Development Corporation shall be deemed a subsidiary of the Rhode

24-38

Island economic development corporation:

24-39

      (A) As set forth in section 42-64.10-6(c); and

24-40

      (B) Insofar as it exercises any powers and duties delegated to it by the corporation

24-41

pursuant to this chapter for any project other than on real and personal property owned, leased or

24-42

under the control of the corporation located in the town of North Kingstown, and the corporation

24-43

shall be deemed to have authority to delegate any of its powers, with the exception of the power

24-44

to issue any form of negotiable bonds or notes and the power of eminent domain, in order to

24-45

accomplish the purposes of chapter 64.10 of this title; provided, however, that the corporation

24-46

may, as provided for in this chapter, issue bonds or exercise the power of eminent domain on

24-47

behalf of the Quonset Development Corporation or to undertake a project of the Quonset

24-48

Development Corporation.

24-49

      (b) As used in this section, "subsidiary public corporation" means a corporation created

24-50

pursuant to the provisions of this section. The person or persons directed by the resolution

24-51

referred to in subsection (a) shall prepare articles of incorporation setting forth: (1) the name of

24-52

the subsidiary public corporation; (2) the period of duration, which may be perpetual; (3) the

24-53

purpose or purposes for which the subsidiary public corporation is organized which shall not be

24-54

more extensive than the purposes of the corporation set forth in section 42-64-5; (4) the number

24-55

of directors (which may, but need not be, more than one) constituting the initial board of directors

24-56

and their names and business or residence addresses; (5) the name and business or residence

24-57

address of the person preparing the articles of incorporation; (6) the date when corporate

24-58

existence shall begin (which shall not be earlier than the filing of the articles of incorporation

24-59

with the secretary of state as provided in this subsection); (7) any provision, not inconsistent with

24-60

law, which the board of directors elect to set forth in the articles of incorporation for the

24-61

regulation of the internal affairs of the subsidiary public corporation; and (8) a reference to the

24-62

form of authorization and approval by the general assembly and to the resolution of the board of

24-63

directors authorizing the preparation of the articles of incorporation. Duplicate originals of the

24-64

articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds

24-65

that the articles of incorporation conform to the provisions of this subsection, the secretary shall

24-66

endorse on each of the duplicate originals the word "Filed," and the month, day and year of the

24-67

filing; file one of the duplicate originals in his or her office; and a certificate of incorporation to

24-68

which the secretary shall affix the other duplicate original. No filing fees shall be payable upon

25-1

the filing of articles of incorporation. Upon the issuance of the certificate of incorporation or upon

25-2

a later date specified in the articles of incorporation, the corporate existence shall begin and the

25-3

certificate of incorporation shall be conclusive evidence that all conditions precedent required to

25-4

be performed have been complied with and that the subsidiary public corporation has been duly

25-5

and validly incorporated under the provisions hereof. The parent corporation may transfer to any

25-6

subsidiary public corporation any moneys, real, personal, or mixed property or any project in

25-7

order to carry out the purposes of this chapter. Each subsidiary public corporation shall have all

25-8

the powers, privileges, rights, immunities, tax exemptions, and other exemptions of the parent

25-9

corporation except to the extent that the articles of incorporation of the subsidiary public

25-10

corporation shall contain an express limitation and except that the subsidiary public corporation

25-11

shall not have the condemnation power contained in section 42-64-9, nor shall it have the powers

25-12

contained in, or otherwise be subject to, the provisions of section 42-64-12 and section 42-64-

25-13

13(a), nor shall it have the power to create, empower or otherwise establish any corporation,

25-14

subsidiary corporation, corporate body, any form of partnership, or any other separate entity,

25-15

without the express approval and authorization of the general assembly.

25-16

      (c) Any subsidiary corporation shall not be subject to the provisions of section 42-64-

25-17

8(a), (c), and (d), except as otherwise provided in the articles of incorporation of the subsidiary

25-18

corporation.

25-19

      (d) The Rhode Island economic development corporation, as the parent corporation of

25-20

the Rhode Island Airport Corporation, shall not be liable for the debts or obligations or for any

25-21

actions or inactions of the Rhode Island Airport Corporation, unless the Rhode Island economic

25-22

development corporation expressly agrees otherwise in writing.

25-23

      (e) The East Providence Waterfront District shall, with the approval of its commission

25-24

and the board of directors of the corporation, be a subsidiary of the Rhode Island economic

25-25

development corporation for the purposes of exercising such powers of the corporation as the

25-26

board of directors shall determine, and notwithstanding the requirements of subsection (b), the act

25-27

creating the District shall be deemed fully satisfactory for the purposes of this section regarding

25-28

the establishment of subsidiary public corporations, and the express approval and authorization of

25-29

the general assembly shall be deemed to have been given for all legal purposes for the creation

25-30

and lawful management of a subsidiary corporation created for the purposes of implementing the

25-31

purposes of the District.

25-32

      (f) The parent corporation is hereby authorized and empowered to create a subsidiary

25-33

corporation for the expressed purpose to issue bonds and notes of the type and for those projects

25-34

and purposes specified in the Joint Resolution and Act of the general assembly adopted by the

26-1

Rhode Island house of representatives and the Rhode Island senate.

26-2

      (g) The I-195 redevelopment district shall be a subsidiary of the Rhode Island economic

26-3

development corporation for the purposes of exercising such powers of the corporation as the

26-4

board of directors shall determine, and notwithstanding the requirements of subsection (b), the

26-5

chapter creating the district shall be deemed fully satisfactory for the purposes of this section

26-6

regarding the establishment of subsidiary public corporations, and the express approval and

26-7

authorization of the general assembly shall be deemed to have been given for all legal purposes

26-8

for the creation and lawful management of a subsidiary corporation created for the purposes of

26-9

implementing the purposes of the district.

26-10

      (h) The Rhode Island airport corporation -- appointment of directors:

26-11

      The board of directors of the Rhode Island airport corporation shall consist of seven (7)

26-12

members: The board of directors shall have extensive experience in the fields of finance,

26-13

business, construction and/or organized labor.

26-14

      The governor of the State of Rhode Island shall appoint, with the advice and consent of

26-15

the senate when nominated to serve, the seven (7) members of the board of directors. One director

26-16

shall be appointed for a term of one year; two (2) directors shall be appointed for a term of two

26-17

(2) years; three (3) directors shall be appointed for a term of three (3) years; and one director shall

26-18

be appointed for a term of four (4) years. Appointments made thereafter shall be for four (4) year

26-19

terms.

26-20

      Any vacancy occurring in the board of directors shall be filled by the governor of the

26-21

State of Rhode Island in the same manner prescribed for the original appointments.

26-22

      A director appointed to fill a vacancy of a director appointed by the governor of the State

26-23

of Rhode Island shall be appointed for the unexpired portion of the term of office of the director

26-24

whose vacancy is to be filled.

26-25

      All members of the board of directors of the Rhode Island airport corporation shall serve

26-26

without compensation.

26-27

     42-64-7.2. Amendment of the articles of incorporation of a subsidiary public

26-28

corporation. -- (a) A subsidiary public corporation may amend its articles of incorporation, from

26-29

time to time, only with the express approval and authorization of the general assembly.

26-30

      (b) Upon receipt of approval and authorization of the general assembly, pursuant to

26-31

subsection (a) of this section, amendments to the articles of incorporation of a subsidiary public

26-32

corporation shall be made by the adoption of a resolution by the board of directors of the parent

26-33

corporation setting forth the amendment. The resolution may incorporate the amendment in

26-34

restated articles of incorporation which contain a statement that except for the designated

27-1

amendment the restated articles of incorporation correctly set forth without change the

27-2

corresponding provisions of the articles of incorporation, as theretofore amended, and that the

27-3

restated articles of incorporation together with the designated amendment supersede the original

27-4

articles of incorporation and all amendments thereto.

27-5

      (c) The articles of amendment shall be executed in duplicate by the subsidiary public

27-6

corporation, by its president or a vice president and by its secretary or an assistant secretary, and

27-7

shall set forth: (1) the name of the corporation; (2) the amendment so adopted; (3) the date of the

27-8

approval and authorization from the general assembly and the date of the adoption of the

27-9

amendment by the board of directors of the parent corporation; and (4) if, pursuant to subsection

27-10

(e) of this section, the amendment is to become effective at a time subsequent to the issuance of

27-11

the certificate of amendment by the secretary of state, the date when the amendment is to become

27-12

effective.

27-13

      (d) Duplicate originals of the articles of amendment shall be delivered to the secretary of

27-14

state. If the secretary of state finds that the articles of amendment conform to law, the secretary

27-15

shall: (1) endorse on each duplicate original the word "Filed," and the month, day, and year of the

27-16

filing; (2) file one of these duplicate originals in his or her office; and (3) issue a certificate of

27-17

amendment to which the secretary shall affix the other duplicate original. The certificate of

27-18

amendment, together with the duplicate original of the articles of amendment affixed to the

27-19

certificate of amendment by the secretary of state, shall be returned to the subsidiary public

27-20

corporation or its representative.

27-21

      (e) (1) Upon the issuance of the certificate of amendment by the secretary of state, or

27-22

upon a later date, not more than thirty (30) days after the filing of the articles of amendment, as

27-23

may be set forth in the articles, the amendment shall become effective and the articles of

27-24

incorporation shall be deemed to be amended accordingly.

27-25

      (2) No amendment shall affect any existing cause of action in favor of or against the

27-26

subsidiary public corporation, or any pending suit to which the subsidiary public corporation shall

27-27

be a party, or the existing rights of any persons and, in the event the corporate name shall be

27-28

changed by amendment, no suit brought by or against the corporation under its former name shall

27-29

abate for that reason.

27-30

      (f) (1) A subsidiary public corporation may at any time restate its articles of

27-31

incorporation, as amended, by authorization of the general assembly authorizing and approving a

27-32

resolution to be adopted by the board of directors of the parent corporation. Upon the adoption of

27-33

the resolution, restated articles of incorporation shall be executed in duplicate by the subsidiary

27-34

public corporation by its president or a vice president and by its secretary or assistant secretary,

28-1

and shall set forth all of the provisions of the articles of incorporation as theretofore amended,

28-2

together with a statement that the restated articles of incorporation correctly set forth without

28-3

change the corresponding provisions of the articles of incorporation, as amended and that the

28-4

restated articles of incorporation supersede the original articles of incorporation and all

28-5

amendments to these articles.

28-6

      (2) Duplicate originals of the restated articles of incorporation shall be delivered to the

28-7

secretary of state. If the secretary of state finds that the restated articles of incorporation conform

28-8

to law, the secretary shall: (i) endorse on each of the duplicate originals the word "Filed," and the

28-9

month, day, and year of the filing thereof; (ii) file one of the duplicate originals in his or her

28-10

office; and (iii) issue a restated certificate of incorporation, to which the secretary shall affix the

28-11

other duplicate original. The restated certificate of incorporation, together with the duplicate

28-12

original of the restated articles of incorporation affixed to the restated certificate of incorporation

28-13

by the secretary of state, shall be returned to the subsidiary public corporation or its

28-14

representative.

28-15

     42-64-7.3. Voluntary dissolution of a subsidiary public corporation. -- (a) A

28-16

subsidiary public corporation may be dissolved only by approval and authorization of the general

28-17

assembly, directing the adoption of a resolution to dissolve the subsidiary public corporation by

28-18

the board of directors of the parent corporation. Upon the adoption of the resolution, a statement

28-19

of intent to dissolve shall be executed in duplicate by the subsidiary public corporation by its

28-20

president or a vice president and by its secretary or an assistant secretary, which statement shall

28-21

set forth:

28-22

      (1) The name of the subsidiary public corporation;

28-23

      (2) The names and respective addresses of its officers;

28-24

      (3) The names and respective addresses of its directors;

28-25

      (4) A copy of the approval and the authorization from the general assembly and a copy

28-26

of the resolution adopted by the board of directors of the parent corporation authorizing the

28-27

dissolution of the subsidiary public corporation; and

28-28

      (5) If, pursuant to subsection (c), the date when the subsidiary public corporation is to

28-29

cease to carry on its business is to be subsequent to the date of the filing, the date when the

28-30

corporation is to cease to carry on its business.

28-31

      (b) Duplicate originals of the statement of intent to dissolve shall be delivered to the

28-32

secretary of state. If the secretary of state finds that the statement conforms to law, the secretary

28-33

shall:

29-34

      (1) Endorse on each of the duplicate originals the word "Filed," and the month, day, and

29-35

year of the filing;

29-36

      (2) File one of the duplicate originals in his or her office; and

29-37

      (3) Return the other duplicate original to the subsidiary public corporation or its

29-38

representative.

29-39

      (c) Upon the filing by the secretary of state of a statement of intent to dissolve, or upon a

29-40

later date, not more than thirty (30) days after the filing, as may be set forth in the statement, the

29-41

subsidiary public corporation shall cease to carry on its business, except insofar as may be

29-42

necessary for the winding up, but its corporate existence shall continue until a certificate of

29-43

dissolution has been issued by the secretary of state.

29-44

      (d) After the filing by the secretary of state of a statement of intent to dissolve:

29-45

      (1) The subsidiary public corporation shall immediately cause notice to be mailed to

29-46

each known creditor of the subsidiary public corporation; and

29-47

      (2) The subsidiary public corporation shall proceed to collect its assets, sell, or otherwise

29-48

dispose of any of its properties that are not to be distributed in kind to the parent corporation, pay,

29-49

satisfy, and discharge its liabilities and obligations and do all other acts required to liquidate its

29-50

business and affairs, and, after paying or adequately providing for the payment of all of its

29-51

obligations, distribute the remainder of its assets, either in cash or in kind, to the parent

29-52

corporation.

29-53

      (e) When all debts, liabilities, and obligations of the subsidiary public corporation have

29-54

been paid and discharged, or adequate provision has been made, and all of the remaining property

29-55

and assets of the subsidiary public corporation have been distributed to the parent corporation,

29-56

articles of dissolution shall be executed in duplicate by the subsidiary public corporation by its

29-57

president or a vice president and by its secretary or an assistant secretary, which statement shall

29-58

set forth:

29-59

      (1) The name of the subsidiary public corporation;

29-60

      (2) That the secretary of state has filed a statement of intent to dissolve the subsidiary

29-61

public corporation, and the date on which the statement was filed;

29-62

      (3) That all debts, obligations, and liabilities of the subsidiary public corporation have

29-63

been paid and discharged or that adequate provision has been made for their payment or

29-64

discharge;

29-65

      (4) That all of the remaining property and assets of the subsidiary public corporation

29-66

have been distributed to the parent corporation; and

29-67

      (5) That there are no suits pending against the subsidiary public corporation in any court,

29-68

or that adequate provision has been made for the satisfaction of any judgment, order, or decree

30-1

which may be entered against it in any pending suit.

30-2

      (f) (1) Duplicate originals of the articles of dissolution shall be delivered to the secretary

30-3

of state. If the secretary of state finds that the articles of dissolution conform to law, the secretary

30-4

shall:

30-5

      (i) Endorse on each of these duplicate originals the word "Filed," and the month, day,

30-6

and year of the filing;

30-7

      (ii) File one of these duplicate originals in his or her office; and

30-8

      (iii) Issue a certificate of dissolution to which the secretary shall affix the other duplicate

30-9

original.

30-10

      (2) The certificate of dissolution, together with the duplicate original of the articles of

30-11

dissolution affixed to the certificate of dissolution by the secretary of state, shall be returned to

30-12

the representative of the dissolved subsidiary public corporation. Upon the issuance of the

30-13

certificate of dissolution the existence of the subsidiary public corporation shall cease, except for

30-14

the purpose of suits, other proceedings and appropriate corporate action by directors and officers

30-15

as provided in this section.

30-16

      (g) The dissolution of a subsidiary public corporation either: (1) by the issuance of a

30-17

certificate of dissolution by the secretary of state, or (2) by expiration of its period of duration,

30-18

shall not take away or impair any remedy available to or against the subsidiary public

30-19

corporation, its directors, or officers, for any right or claim existing, or any liability incurred,

30-20

prior to the dissolution if any action or other proceeding by or against the subsidiary public

30-21

corporation is commenced within two (2) years after the date of the dissolution. Any action or

30-22

proceeding by or against the subsidiary public corporation may be prosecuted or defended by the

30-23

subsidiary public corporation in its corporate name. The directors and officers shall have power to

30-24

take any corporate or other action appropriate to protect the remedy, right, or claim.

30-25

      (h) The approval and authorization of the general assembly to dissolve the

30-26

Quonset/Davisville Management Corporation established pursuant to section 42-64-7.1(a)(2)(i),

30-27

shall be deemed to have been granted by the enactment of chapter 64.10 of this title, creating the

30-28

Quonset Development Corporation, and the Quonset/Davisville Management Corporation shall

30-29

be dissolved upon the establishment of the Quonset Development Corporation pursuant to the

30-30

provisions of chapter 64.10 of this title.

30-31

     42-64-7.4. Water supply facilities. -- (a) The Rhode Island economic development

30-32

corporation is authorized and empowered to acquire and construct water supply facilities; to

30-33

maintain, repair, and operate those facilities; and to issue revenue bonds of the corporation

30-34

payable solely from revenues derived from the leasing of those water supply facilities to finance

31-1

them. Development of these projects may be initiated by the corporation upon request of a

31-2

municipality or municipalities seeking to undertake the project either singly or jointly.

31-3

      (b) Without limiting the generality of the foregoing, the corporation is expressly

31-4

empowered to lease or sell water supply facilities or any part of those facilities to any

31-5

municipality. A lease by the corporation to any municipality may be for any period, upon any

31-6

terms and conditions, with or without an option to purchase, as the corporation may determine.

31-7

      (c) The provisions of any other laws or ordinances, general, special, or local, or of any

31-8

rule or regulation of the state or any municipality, restricting or regulating in any manner the

31-9

power of any municipality to lease, as lessee or lessor, or sell property real, personal, or mixed,

31-10

shall not apply to leases and sales made with authority pursuant to this section; and insofar as the

31-11

provisions of this section are inconsistent with the other laws of this state, general, special, or

31-12

local, restricting the power of any municipality to enter into a lease or to sell property, the

31-13

provisions of this section shall be controlling.

31-14

      (d) Any municipality, notwithstanding any contrary provision of law, is authorized and

31-15

empowered to lease, lend, grant, or convey to the corporation, at its request upon those terms and

31-16

conditions that the proper authorities of a municipality may deem reasonable and fair and without

31-17

the necessity for any advertisement, order of court, or other action or formality, other than the

31-18

regular and formal action of the authorities concerned, any real property or personal property

31-19

which may be necessary or convenient to effectuation of the authorized purposes of the

31-20

corporation including real property already devoted to public use; and subject to the aforesaid, the

31-21

state consents to the use of all lands owned by it, including land lying under water, and which are

31-22

deemed by the corporation to be necessary for the construction or operation of any water supply

31-23

facilities.

31-24

     42-64-7.5. Transfer of functions from the department of economic development. --

31-25

(a) All functions formerly administered by the department of economic development are hereby

31-26

transferred to the Rhode Island economic development corporation.

31-27

      (b) In addition to any of its other powers and responsibilities, the Rhode Island economic

31-28

development corporation is authorized and empowered to accept any grants made available by the

31-29

United States government or any agency of the United States government, and the corporation,

31-30

with the approval of the governor, is authorized and empowered to perform any acts and enter

31-31

into all necessary contracts and agreements with the United States or any agency of the United

31-32

States as may be necessary in any manner and degree that shall be deemed to be in the best

31-33

interests of the state. The proceeds of any grants received shall be paid to the general treasurer of

31-34

the state and deposited in a separate fund to be used solely for the purposes of the grant or grants.

32-1

     42-64-7.6. Transfer of functions from the governor's office of intergovernmental

32-2

relations. -- (a) All functions formerly administered by the governor's office of

32-3

intergovernmental relations in the executive department relating to community development

32-4

block grants are hereby transferred to the department of administration, division of planning.

32-5

      (b) In addition to any of its other powers and responsibilities, the Rhode Island economic

32-6

development corporation is authorized and empowered to accept any grants made available by the

32-7

United States government or any agency of the United States government, and the corporation,

32-8

with the approval of the governor, is authorized and empowered to perform any acts and enter

32-9

into all necessary contracts and agreements with the United States or any agency of the United

32-10

States as may be necessary in any manner and degree that shall be deemed to be in the best

32-11

interest of the state. The proceeds of the received grants shall be paid to the general treasurer and

32-12

deposited in a separate fund to be used solely for the purposes of the grant or grants.

32-13

     42-64-7.7. Grant of powers to the corporation. -- The Rhode Island economic

32-14

development corporation is granted all of the powers necessary and convenient to perform the

32-15

functions transferred to the Rhode Island economic development corporation pursuant to sections

32-16

42-64-7.5 and 42-64-7.6.

32-17

     42-64-7.8. Sewer treatment facilities, connections, sewer user fees, charges and

32-18

assessments. -- (a) The Rhode Island economic development corporation shall have full and

32-19

complete authority to limit, deny, or cause appropriate direct or indirect connections to be made

32-20

between any building or property located in the Quonset Point/Davisville Industrial Park, or from

32-21

any location outside the boundaries of the Quonset Point/Davisville Park and discharging into the

32-22

corporation's sewage treatment facility. The corporation shall prescribe those rules and

32-23

regulations for sewer connections that in the opinion of the corporation are necessary and

32-24

appropriate for the maintenance and operation of the sewer treatment facility. No person shall

32-25

make any connection from any structure to any sewer or appurtenance thereto discharging to the

32-26

sewage treatment facility without first being granted a written permit from the corporation in

32-27

accordance with its rules and regulations. The Rhode Island economic development corporation

32-28

shall have full and complete power and authority to compel any person within the Quonset

32-29

Point/Davisville Industrial Park, for the purpose of sewage disposal, to establish a direct

32-30

connection on the property of the individual, firm, partnership or corporation, or at the boundary

32-31

thereof to the corporation's sewage treatment facility. These connections shall be made at the

32-32

expense of the individual, firm, partnership or corporation. The term "appurtenance" as used

32-33

herein shall be construed to include adequate pumping facilities, whenever the pumping facilities

32-34

shall be necessary to deliver sewage to the sewage treatment facility.

33-1

      (b) The Rhode Island economic development corporation shall assess any person having

33-2

a direct or indirect connection to the Quonset Point/Davisville Industrial Park sewage treatment

33-3

facility the reasonable charges for the use, operation, maintenance and improvements to the

33-4

facility.

33-5

      (c) The Rhode Island economic development corporation shall proceed under the

33-6

provisions of this chapter to collect the fees, charges and assessments from any individual, firm,

33-7

partnership or corporation so assessed. Each entity so assessed shall pay the fees, charges, or

33-8

assessments within the time frame prescribed by the rules and regulations of the corporation. The

33-9

Rhode Island economic development corporation may collect the fees, charges and assessments

33-10

in the same manner in which taxes are collected by municipalities, with no additional fees,

33-11

charges, assessments or penalties (other than those provided for in chapter 9 of title 44). All

33-12

unpaid charges shall be a lien upon the real estate of the individual, firm, partnership or

33-13

corporation. The lien shall be filed in the records of land evidence for the city or town in which

33-14

the property is located and the corporation shall simultaneously with the filing of the lien give

33-15

notice to the property owner. Owners of property subject to a lien for unpaid charges are entitled

33-16

to a hearing within fourteen (14) days of the recording of the lien.

33-17

      (d) Notwithstanding the provisions of subsection (c), the Rhode Island economic

33-18

development corporation is authorized to terminate the water supply service of any individual,

33-19

firm, partnership or corporation for the nonpayment of sewer user fees, charges and assessments.

33-20

The corporation shall notify the user of termination of water supply at least forty-eight (48) hours

33-21

prior to ceasing service. The corporation may assess any individual, firm, partnership or

33-22

corporation any fees, charges and assessments affiliated with the shut off and restoration of

33-23

service.

33-24

     42-64-7.9. Orders as to pretreatment of sewage. -- (a) Without limiting the generality

33-25

of the foregoing, the authority vested in the Rhode Island economic development corporation

33-26

shall include the authority to limit, reject, or prohibit any direct or indirect discharge of pollutants

33-27

or combination of pollutants as defined by applicable federal or state law, into any treatment

33-28

facility operated by the corporation, to require that any person or class of user shall submit any

33-29

and all discharges into the corporation's wastewater collection and treatment system to those

33-30

pretreatment standards and requirements as prescribed by the corporation.

33-31

      (b) The corporation shall adopt rules, regulations and permit requirements for

33-32

pretreatment. The corporation shall adopt rules, regulations and permit requirements necessary to

33-33

ensure compliance by all parties with:

34-34

      (1) Applicable federal and state laws

34-35

      (2) State and federal discharge permit limitations for the corporation's wastewater

34-36

treatment facility

34-37

      (3) Necessary and appropriate local limitations.

34-38

      (c) The Rhode Island economic development corporation shall have the authority to

34-39

issue or deny permits to any person for the direct or indirect discharge of any pollutants into any

34-40

corporation wastewater treatment facility and to require the development of a compliance

34-41

schedule by each discharger to insure compliance with any pretreatment required by the

34-42

corporation. No person shall discharge any pollutant into the corporation's wastewater facility

34-43

except as in compliance with the provisions of this section and any rules and regulations

34-44

promulgated under this chapter and pursuant to all terms and conditions of a permit.

34-45

      (d) The Rhode Island economic development corporation may, by regulation, order,

34-46

permit or otherwise require any person who discharges into any wastewater treatment facility

34-47

owned by the corporation to:

34-48

      (1) Establish and maintain records as required by federal or state statute, or by rule,

34-49

regulation, compliance order or permit terms;

34-50

      (2) Make any and all reports as required by federal or state statute or by rule, regulation,

34-51

compliance order or permit terms;

34-52

      (3) Install, calibrate, use and maintain any and all monitoring equipment or testing

34-53

procedures including, where appropriate, biological monitoring methods;

34-54

      (4) Sample any discharges and effluents in accordance with the methods and at the

34-55

locations and at the intervals and in a manner as the corporation may prescribe, and

34-56

      (5) Provide any other information relating to discharges into the facilities of the

34-57

corporation that the corporation may reasonably require to insure compliance with prescribed

34-58

pretreatment. The information shall include, but is not limited to, those records, reports and

34-59

procedures required by applicable federal and state laws.

34-60

      (e) Notwithstanding any other provision of this section, the Rhode Island economic

34-61

development corporation shall have the authority, and shall accordingly prescribe the appropriate

34-62

procedures, to immediately and effectively halt or prevent any discharge of pollutants into the

34-63

facilities of the corporation which reasonably appears to present an imminent danger to human

34-64

health or the environment. The Rhode Island economic development corporation shall also have

34-65

the authority and shall prescribe the appropriate procedures, which shall include notice to the

34-66

affected discharger and an opportunity to respond, to hold or prevent any discharge into the

34-67

facilities of the corporation, which presents or may present a threat to the operation of the

34-68

wastewater collection and/or treatment system. Procedures prescribed under this subsection,

35-1

which comply in form to those provided in section 42-17.1-2(21) shall be deemed to be

35-2

appropriate.

35-3

     42-64-7.10. Preservation and support of the fishing industry and other current uses

35-4

at Newport and Galilee. -- With respect to the ports of Newport and Galilee, the department of

35-5

environmental management shall maintain, manage and operate these ports in a manner that is

35-6

consistent with their current use, for not less than ninety-nine (99) years, so that the commercial

35-7

fishing industry is guaranteed the use of not less than the current portion of these ports as is

35-8

currently being employed to support the commercial fishing industry and to guarantee the

35-9

commercial fishing industry not less than the current amount of dockage being occupied on July

35-10

7, 1999.

35-11

     42-64-7.11. Venture capital forum program. -- The Rhode Island economic

35-12

development corporation shall establish a "Rhode Island Venture Capital Forum Program." To

35-13

establish the program, the corporation shall organize a statewide system for facilitating venture

35-14

capital investing. Such system may include, but need not be limited to, the following:

35-15

      (a) Identifying and providing information to investors about investment opportunities in

35-16

new and high-growth business enterprises;

35-17

      (b) Identifying and providing information to entrepreneurs and high-growth business

35-18

enterprises about investors seeking investment opportunities;

35-19

      (c) Providing statewide and regional meetings, forums, internet-based information

35-20

systems, venture capital fairs, and other opportunities for venture capital investors and new and

35-21

high-growth business enterprises to meet and discuss potential mutual opportunities;

35-22

      (d) Cooperating with other service entities in facilitating effectiveness of the program

35-23

including, but not limited to, financial institutions, attorneys, accountants, investment banking

35-24

firms, established venture capital funds, institutions of higher education, local and regional

35-25

development organizations, business development centers, business incubators, and utilities;

35-26

      (e) Serving as a clearinghouse and access point for information about venture capital

35-27

investment opportunities in Rhode Island;

35-28

      (f) Serving as the central organization and means of delivering appropriate education and

35-29

training programs for potential investors and new or high-growth business enterprises;

35-30

      (g) Facilitating the formation of private venture capital funds.

35-31

     42-64-7.12. Transfer of functions to the Quonset Development Corporation. -- (a)

35-32

The powers, duties and responsibilities of the Rhode Island economic development corporation

35-33

for improving, using, managing, selling, conveying, mortgaging, exchanging, transferring or

35-34

otherwise, disposing real and personal property located in the town of North Kingstown known as

36-1

the Quonset Point/Davisville industrial park, including, but not limited to, former Navy lands

36-2

associated with the Quonset Point naval air station and the Davisville naval construction battalion

36-3

are hereby transferred to the Quonset Development Corporation as may be mutually agreeable to

36-4

the corporation and the Quonset Development Corporation.

36-5

      (b) The powers, duties, and responsibilities of the corporation to improve, operate,

36-6

manage and regulate utilities associated with Quonset Point/Davisville industrial park are hereby

36-7

transferred to the Quonset Development Corporation.

36-8

      (c) The functions of the Quonset Davisville Management Corporation, established

36-9

pursuant to section 42-64-7.1(a)(2)(i) are hereby transferred to the Quonset Development

36-10

Corporation.

36-11

     42-64-7.13. National security infrastructure support fund. -- The Rhode Island

36-12

economic development corporation is hereby authorized and empowered to administer the

36-13

national security infrastructure support fund in accordance with the powers and terms enumerated

36-14

in chapter 32 of title 30.

36-15

     42-64-8. Directors, officers, and employees. -- (a) The powers of the Rhode Island

36-16

economic development corporation shall be vested in a board of directors consisting of thirteen

36-17

(13) members.

36-18

      (1) The governor shall serve as a member of the board and as chairperson, ex-officio,

36-19

who shall vote only in the event of a tie.

36-20

      (2) In addition to the governor, the membership of the board shall consist of twelve (12)

36-21

public members to be appointed by the governor.

36-22

      (3) Each gubernatorial appointee shall be subject to the advice and consent of the senate

36-23

and no one shall be eligible for appointment unless he or she is a resident of this state. The

36-24

membership of the board shall reflect the geographic diversity of the state. Four (4) of the public

36-25

members shall be owners or principals of small businesses doing business in this state which are

36-26

independently owned and operated and which employs one hundred (100) or fewer persons. One

36-27

other of the public members shall be a representative of organized labor. One other of the public

36-28

members shall be a representative of higher education. One other of the public members shall be

36-29

appointed on an interim basis by the governor when a project plan of the corporation situated on

36-30

federal land is disapproved by the governing body of a municipality in accordance with section

36-31

42-64-13(a)(4). The member shall be the mayor of the municipality within whose borders all or a

36-32

majority of the project plan is to be carried out, or in a municipality, which has no mayor, the

36-33

member shall be the president of the town or city council. The appointed interim member shall

36-34

have all the powers of other members of the board only in its deliberations and action on the

37-1

disapproval of the project plan situated on federal land and within the borders of his or her

37-2

municipality. Upon final action by the board pursuant to section 42-64-13(a)(5), the interim

37-3

member's term of appointment shall automatically terminate.

37-4

      (4) It shall be the responsibility of the corporation to conduct a training course for newly

37-5

appointed and qualified members and new designees of ex-officio members within six (6) months

37-6

of their qualification or designation. The course shall be developed by the executive director of

37-7

the corporation or his or her designee, be approved by the board, and conducted by the executive

37-8

director or his or her designee. The board may approve the use of any board or staff members or

37-9

other individuals to assist with training. The training course shall include instruction in the

37-10

following areas: the provisions of the entirety of chapter 64 of this title and of chapters 46 of this

37-11

title, 14 of title 36, and 2 of title 38 of the Rhode Island general laws; and the board's rules and

37-12

regulations. The director of the department of administration shall, within ninety (90) days of July

37-13

15, 2005, prepare and disseminate materials relating to the provisions of chapters 46 of this title,

37-14

14 of title 36, and 2 of title 38.

37-15

      (5) Members of the board shall be removable by the governor, pursuant to the provisions

37-16

of section 36-1-7 and for cause only, and removal solely for partisan or personal reasons

37-17

unrelated to capacity or fitness for the office shall be unlawful.

37-18

      (6) The five (5) current members of the board of directors who were duly appointed and

37-19

who have unexpired terms shall continue as directors of the corporation until February 1, 2010,

37-20

and thereafter until their successors are appointed and qualified. Upon passage of this act, the

37-21

governor shall appoint seven (7) members to the board, with terms expiring as follows: three (3)

37-22

members shall have terms expiring on February 1, 2011; three (3) members shall have terms

37-23

expiring on February 1, 2012; and one member shall have a term expiring on February 1, 2013. In

37-24

January 2010, the governor shall appoint five (5) members to the board with terms expiring as

37-25

follows: two (2) members shall have terms expiring on February 1, 2013 and three (3) members

37-26

shall have terms expiring on February 1, 2014. Beginning in 2011 and annually thereafter, during

37-27

the month of January, the governor shall appoint a member or members to succeed the member or

37-28

members whose terms will then next expire to serve for a term of four (4) years commencing on

37-29

the first day of February and then next following, and thereafter until the successors are appointed

37-30

and qualified. Beginning in 2011 and annually thereafter the governor shall appoint owners or

37-31

principals of small businesses doing business in this state which are independently owned and

37-32

operated, and which employs one hundred (100) or fewer persons. The members of the board

37-33

shall be eligible to succeed themselves, but only upon reappointment and with senate advice and

37-34

consent.

38-1

      (7) In the event of a vacancy occurring in the office of a member by death, resignation or

38-2

otherwise, that vacancy shall be filled in the same manner as an original appointment, but only for

38-3

the remainder of the term of the former member.

38-4

      (b) The directors shall receive no compensation for the performance of their duties under

38-5

this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in

38-6

carrying out those duties. A director may engage in private employment, or in a profession or

38-7

business.

38-8

      (c) The chairperson shall designate a vice chairperson from among the members of the

38-9

board who shall serve at the pleasure of the chairperson. A majority of directors holding office

38-10

shall constitute a quorum, and, except as otherwise provided in section 42-64-13, any action to be

38-11

taken by the corporation under the provisions of this chapter may be authorized by resolution

38-12

approved by a majority of the directors present and entitled to vote at any regular or special

38-13

meeting at which a quorum is present. A vacancy in the membership of the board of directors

38-14

shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of

38-15

the corporation.

38-16

      (d) The chief executive officer of the corporation shall be executive director of the

38-17

corporation, appointed by the governor with the advice and consent of the senate. The executive

38-18

director shall hold office for the term of three (3) years from the time of his or her appointment

38-19

and until his or her successor is duly appointed and qualified. The director shall be eligible for

38-20

reappointment, and shall not engage in any other occupation. The executive director of the

38-21

corporation shall be entitled to receive for his or her services any reasonable compensation as the

38-22

board of directors may determine.

38-23

      (e) The board of directors shall appoint a secretary and such additional officers and staff

38-24

members as they shall deem appropriate and shall determine the amount of reasonable

38-25

compensation, if any, each shall receive. The board of directors may vest in the executive

38-26

director, or the director's subordinates, the authority to appoint additional staff members and to

38-27

determine the amount of compensation each individual shall receive.

38-28

      (f) No full-time employee shall during the period of his or her employment by the

38-29

corporation engage in any other private employment, profession or business, except with the

38-30

approval of the board of directors.

38-31

      (g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict

38-32

of interest for a director, officer, or employee of any financial institution, investment banking

38-33

firm, brokerage firm, commercial bank, trust company, building-loan association, architecture

38-34

firm, insurance company, or any other firm, person, or corporation to serve as a director of the

39-1

corporation, nor shall any contract or transaction between the corporation and a financial

39-2

institution, investment banking firm, brokerage firm, commercial bank, trust company, building-

39-3

loan association, architecture firm, insurance company, or other firm, person, or corporation be

39-4

void or voidable by reason of that service as director of the corporation. If any director, officer, or

39-5

employee of the corporation shall be interested either directly or indirectly, or shall be a director,

39-6

officer, or employee of or have an ownership interest (other than as the owner of less than one

39-7

percent (1%) of the shares of a publicly-held corporation) in any firm or corporation interested

39-8

directly or indirectly in any contract with the corporation, that interest shall be disclosed to the

39-9

corporation and set forth in the minutes of the corporation, and the director, officer, or employee

39-10

having that ownership interest shall not participate on behalf of the corporation in the

39-11

authorization of that contract. Interested directors may be counted in determining the presence of

39-12

a quorum at a meeting of the board of directors of the corporation, which authorizes the contract

39-13

or transaction.

39-14