2026 -- H 7519

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LC004735

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HIGHWAYS -- CONSTRUCTION AND MAINTENANCE OF STATE

ROADS

     

     Introduced By: Representatives Craven, Casimiro, and Azzinaro

     Date Introduced: February 06, 2026

     Referred To: House Corporations

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Findings.

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     The General Assembly hereby finds and declares that:

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     (1) There continues to exist uncertainty as to the ownership of the roads located within the

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Quonset Business Park;

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     (2) Uncertainty as to the ownership of the roads located within the Quonset Business Park

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has hindered the efficient and effective use, maintenance, and care of said roads and thus

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compromised the safe passage of motorists and pedestrians traversing the roads therein;

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     (3) In order to streamline the use, maintenance, and care of the roads located within the

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Quonset Business Park and to ensure motorist and pedestrian safety therein, the General Assembly

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hereby enacts the following legislation to:

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     (i) Establish the roads in the Quonset Business Park as public roads;

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     (ii) Clarify the Rhode Island Commerce Corporation's ownership of the roads located

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within the Quonset Business Park; and

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     (iii) Authorize the Quonset Development Corporation to act as the Rhode Island Commerce

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Corporation's true and lawful attorney as agent and attorney-in-fact and in the name, place, and

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stead of the Rhode Island Commerce Corporation with respect to any and all roads located within

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the Quonset Business Park.

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     SECTION 2. Sections 24-8-1.1, 24-8-1.2 and 24-8-1.3 of the General Laws in Chapter 24-

 

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8 entitled "Construction and Maintenance of State Roads" are hereby amended to read as follows:

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     24-8-1.1. Rhode Island highway system — Purpose.

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     The purpose of §§ 24-8-1.1 — 24-8-1.7 is to establish a pavement management program

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to better maintain the state’s highways in a safe and serviceable condition. In order to fairly

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distribute funds for a pavement management program, an equitable system to determine jurisdiction

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on highways is needed. The principles of highway functional classification, or the importance of

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roads in terms of the type of travel service provided, shall be used to determine jurisdiction. Roads

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serving longer-distance travel, connecting city and town centers and major traffic generators shall

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be the state’s responsibility. Roads serving local travel shall be under city or town jurisdiction.

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Notwithstanding the foregoing, QDC public roads, as defined in § 24-8-1.3, shall be the Quonset

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Development Corporation's sole responsibility and shall be under the Quonset Development

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Corporation's sole jurisdiction as provided under § 42-64.10-6.

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     24-8-1.2. Rhode Island highway system — Establishment.

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     There is hereby established a Rhode Island highway system which shall include state roads

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and municipal roads. The determination of those roads designated as state roads and those

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designated as municipal roads shall be based upon a functional classification system, as established

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by the state planning council, except that the authority to designate QDC public roads, as defined

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in § 24-8-1.3, shall belong solely to the Quonset Development Corporation as provided under § 42-

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64.10-6 and shall not be designated by the state planning council.

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     24-8-1.3. Definitions.

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     (a) “Arterial” means a public road that provides a high level of travel services for a long,

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uninterrupted distance.

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     (b) “Major collector” means a public road that provides a service to built up areas of towns

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and traffic generators of regional importance and not directly served by arterials.

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     (c) “Municipal roads” means any public road not designated as a state road either under

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the statute or under the functional classification guidelines.

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     (d) “Pavement management program” includes resurfacing, striping and signing; minor

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drainage improvements, minor guardrail improvements, crack sealing, chip sealing, retaining wall

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repair, sidewalk and curb repair. The program shall also include educational activities, training

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programs, research grants, and such technical assistance as can be provided by maximizing the use

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of state education resources.

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     (e) “Rhode Island highway system” means all public roads including both state roads and

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municipal roads.

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     (f) "QDC public roads" means all roads within the Quonset Business Park located on lands

 

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that are owned, leased, managed, and/or under the control of the Rhode Island commerce

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corporation and/or the Quonset Development Corporation and designated by the corporation as

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public roads.

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     (f)(g) “Rural” means an area not included in the boundary of an urban area.

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     (g)(h) “State roads” means all public roads classified as arterials and major collectors,

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except urban minor arterials located in the eight (8) cities of Central Falls, Cranston, East

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Providence, Newport, Pawtucket, Providence, Warwick, and Woonsocket.

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     (h)(i) “Urban” means an area so designated for purposes of highway functional

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classification, based on criteria as established by the U.S. Bureau of the Census.

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     SECTION 3. Section 31-12-1 of the General Laws in Chapter 31-12 entitled "Applicability

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of Traffic Regulations" is hereby amended to read as follows:

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     31-12-1. Places provisions applicable.

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     The provisions of chapters 12 — 27 of this title relating to the operation of vehicles refer

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exclusively to the operation of vehicles upon highways and on all state, city or town owned public

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property except:

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     (1) Where a different place is specifically referred to in a given section.

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     (2) The provisions of chapter 26 of this title and §§ 31-27-1 — 31-27-4 shall apply upon

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highways and elsewhere throughout the state.

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     Notwithstanding the foregoing, the provisions of chapters 12 — 27 of this title relating to

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the operation of vehicles upon highways shall only apply to the QDC public roads, as defined in §

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24-8-1.3, to the extent such provisions comport with the rules and regulations promulgated by the

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Quonset Development Corporation pursuant to its power and authority under § 42-64.10-6.

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     SECTION 4. Section 31-13-3 of the General Laws in Chapter 31-13 entitled "Traffic

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Control Devices" is hereby amended to read as follows:

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     31-13-3. Devices on local highways.

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     The traffic authority of any city or town may place and maintain traffic control signals,

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signs, markings, and other safety devices upon the highways under their jurisdiction as they may

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deem necessary to indicate and carry out the provisions of chapters 12 — 27 of this title, or local

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traffic ordinances or to regulate, warn or guide traffic, provided the signals, signs, markings, and

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devices conform to the regulations and specifications established by the state traffic commission in

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accordance with this chapter. Notwithstanding the foregoing or any provision of this section to the

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contrary, the Quonset Development Corporation shall have sole authority to place and maintain

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traffic control signals, signs, markings, and other safety devices upon the QDC public roads, as

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defined in § 24-8-1.3, pursuant to its power and authority under § 42-64.10-6.

 

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     SECTION 5. Section 31-41.2-3 of the General Laws in Chapter 31-41.2 entitled

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"Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows:

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     31-41.2-3. Automated traffic violation monitoring systems. [Effective January 15,

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2027.]

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     (a) The state department of transportation and the municipalities of this state are hereby

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authorized to install and operate automated traffic violation detection systems. Such systems shall

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be limited to systems which monitor and detect violations of traffic control signals. For purposes

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of this chapter an automated traffic violation detection system means a system with one or more

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motor vehicle sensors which produces images of motor vehicles being operated in violation of

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traffic signal laws.

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     (b) No automated traffic violation detection system shall be installed pursuant to this

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section which has not been approved for use by the director of the state department of

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transportation. The director of the state department of transportation shall promulgate regulations

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for the approval and operation of said systems pursuant to the administrative procedures act, chapter

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35 of title 42. Systems shall be approved if the director is satisfied they meet standards of efficiency

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and accuracy. All systems installed for use under this chapter must be able to record the image of

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the vehicle and the license plates of the vehicle.

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     (c) In the event that the system is to be installed other than by the state department of

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transportation on state-maintained streets or roads, the director of the department of transportation

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must approve such installation.

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     (d) The state department of transportation and/or the municipalities may enter into an

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agreement with a private corporation or other entity to provide automated traffic violation detection

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systems or equipment and to maintain such systems.

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     (e) Compensation to a private entity that provides traffic signal monitoring devices shall

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be based on the value of such equipment and related support services, and shall not be based on the

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revenue generated by such systems.

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     (f) Notwithstanding the foregoing, the Quonset Development Corporation shall not be

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bound by the requirements of this chapter and shall not be required to obtain the approval of the

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state department of transportation or any other agency, department, or municipality prior to

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installing any automated traffic violation monitoring systems or similar traffic control mechanisms

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on any QDC public roads, as defined in § 24-8-1.3.

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     SECTION 6. Section 37-5-1 of the General Laws in Chapter 37-5 entitled "Department of

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Transportation" is hereby amended to read as follows:

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     37-5-1. Roads subject to supervision of department.

 

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     The department and director of transportation shall enforce the provisions of chapters 8

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and 10 of title 24, all other provisions of the general laws and public laws relating to the care and

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maintenance of highways, roads, freeways, and bridges by the state, including the construction,

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reconstruction, care, and maintenance of park roads and parkways previously performed by the

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department of agriculture and conservation, and roads and driveways on the grounds of the

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university of Rhode Island, the Rhode Island college, the several state institutions, and other state

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property, unless otherwise provided by law. Notwithstanding the foregoing, the department and

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director of transportation shall have no authority over or responsibility for the QDC public roads

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as defined in § 24-8-1.3, and shall not enforce the provisions of this chapter, chapters 8 and 10 of

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title 24, or any other provision of the general laws and public laws relating to the care and

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maintenance of highways, roads, freeways, and bridges by the state against the QDC public roads.

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The Rhode Island commerce corporation, and the Quonset Development Corporation, as the Rhode

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Island commerce corporation’s true and lawful attorney as agent and attorney-in-fact and in the

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name, place, and stead of the Rhode Island commerce corporation, shall have sole authority and

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responsibility for all QDC public roads and shall be permitted to establish its own rules and

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regulations regarding the care, maintenance, and use of said public roads pursuant to its powers

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under § 42-64.10-6.

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     SECTION 7. Section 42-64.10-6 of the General Laws in Chapter 42-64.10 entitled

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"Quonset Development Corporation" is hereby amended to read as follows:

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     42-64.10-6. Additional general powers and duties.

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     In addition to the powers enumerated in § 42-64.10-5, except to the extent inconsistent

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with any specific provision of this chapter, the corporation shall have and may exercise additional

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general powers:

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     (1) As set forth in § 42-64-7 necessary or convenient to effect its purposes; provided,

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however, that the corporation shall not have the power to issue bonds or notes or exercise eminent

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domain;

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     (2) As a subsidiary of the Rhode Island commerce corporation as provided for in § 42-64-

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7.1;

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     (3) As the Rhode Island commerce corporation’s true and lawful attorney as agent and

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attorney-in-fact and in the name, place, and stead of the Rhode Island commerce corporation with

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respect to all property of the Rhode Island commerce corporation at Quonset Business Park

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(hereinafter referred to as “the Property”) and for the purposes hereinafter set forth:

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     (i) To ask, demand, recover, collect, receive, hold, and possess all sums of money, debts,

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dues, goods, wares, merchandise, chattels, effects, bonds, notes, checks, drafts, accounts, deposits,

 

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safe deposit boxes, interests, dividends, stock certificates, certificates of deposit, insurance benefits

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and proceeds, documents of title, personal and real property, tangible and intangible property, and

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property rights, liquidated or unliquidated, that now are, or hereafter, shall be, or become, due,

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owing, or payable in respect to the property, and upon receipt thereof, or of any part thereof, to

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make, sign, execute, and deliver such receipts, releases, or other discharges for the same as the

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corporation shall deem proper.

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     (ii) To lease, purchase, exchange and acquire, and to bargain, contract, and agree for the

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lease, purchase, exchange, and acquisition of, and to take, receive, possess, and manage any real or

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personal property related in any way to the property, tangible and intangible, or any interest therein.

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     (iii) To enter into and upon all and each of the real properties constituting a part of, or

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related in any way, to the property, and to let, manage, and improve the real property or any part

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thereof, and to repair or otherwise improve or alter, and to insure any buildings or structures

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thereon.

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     (iv) To market and sell, either at public or private sale, or exchange any part or parts of the

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real or personal properties, including indebtedness or evidence thereof, constituting a part of or

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related in any way to the property, including sales on credit, and for that purpose to execute and

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receive all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other

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instruments that may be necessary or proper, and to bargain, contract, and agree with respect to the

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sale or exchange of such properties; and to execute and deliver good and sufficient deeds, bills of

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sale, assignments, or other instruments or endorsements for the conveyance or transfer of the same;

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and to give receipts for all or any part of the purchase price or other consideration.

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     (v) To sign, endorse, execute, acknowledge, deliver, receive, and possess such applications,

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contracts, agreements, options, covenants, deeds, conveyances, trust deeds, mortgagees deeds,

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security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of lading,

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warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of exchange,

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notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts, and

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deposit instruments relating to accounts or deposits in, or certificates of deposit of, banks, savings

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and loan or other institutions or associations, proofs of loss, evidences of debts, releases, and

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satisfactions of mortgages, judgments, liens, security agreements, and other debts and obligations,

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and other instruments in writing of whatever kind and nature as be necessary or proper in the

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exercise of the rights and powers herein granted.

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     (vi) To enter into subordination agreements, inter-creditor agreements, reinstatement

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agreements, “stand still” and “stand-by” agreements, modification agreements, forbearance

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agreements, and other contracts having the effect of subordinating, modifying, renewing,

 

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restructuring or otherwise altering the rights, obligations, or liabilities of the commerce corporation,

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under or with respect to any indebtedness, property, or other assets constituting or securing any

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property.

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     (vii) To make demands, give notices of default, notices of intention to accelerate, notices

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of acceleration, or such other notices as the corporation deems necessary or appropriate, and to take

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other actions and exercise other rights that may be taken under the terms of any loan agreements,

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security agreements, guaranties, or other documents or agreements evidencing, or otherwise

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relating to, the property, including foreclosure, lease, sale, taking possession of, realization upon,

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or any other disposition of any property or any collateral therefor or guarantee thereof.

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     (viii) To exercise any powers and any duties vested in the commerce corporation as a

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partner, joint venturer, participant, or other joint-interest holder with respect to any property, or to

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concur (or not) with persons jointly interested with the commerce corporation in any property.

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     (ix) With respect to the property: (A) To sue on, or otherwise prosecute, any claim or cause

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of action, or commence or seek any legal, equitable, or administrative or other remedy in any legal,

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administrative, arbitration, mediation, or other proceeding whatsoever (including, non-judicial

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repossessions and foreclosures or similar actions to recover collateral); (B) To defend, or otherwise

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participate for, or in the name of, the commerce corporation in any legal, administrative, arbitration,

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mediation, or other proceedings; (C) To process, determine, or adjudge any claim or cause of action

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for, or in the name of, the commerce corporation; (D) To compromise, settle, discharge or resolve,

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or make, execute, or deliver any endorsements, acquittances, releases, receipts, or other discharges

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of any claim, cause of action, determination, judgment, or other proceeding for, or in the name of,

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the commerce corporation; and (E) To prepare, execute, and file ad valorem, franchise and other

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tax returns, protests and suits against taxing authorities, and to prepare, execute, and file other

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governmental or quasi-governmental reports, declarations, applications, requests and documents in

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connection with any property, and to pay taxes in connection with the property as the corporation

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deems necessary or appropriate, or as otherwise required by law.

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     (x) To establish as public roads, designate as public roads, and remove from designation

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as public roads, from time to time and in the corporation’s sole discretion, QDC public roads, as

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defined in § 24-8-1.3.

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     (xi) To manage any and all QDC public roads. In particular, the corporation shall have full

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and complete power and authority, without approval of the corporation’s board of directors, to:

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     (A) Maintain, renovate, repair, operate, and control all QDC public roads;

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     (B) Acquire, relocate, construct, abandon, and deconstruct, as necessary from time to time,

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all QDC public roads;

 

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     (C) Maintain traffic control, including, but not limited to, by enlisting the police services

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of the North Kingstown police department and by installing traffic control devices as permitted

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under § 31-13-3 and automated traffic violation monitoring systems as permitted under § 31-41.2-

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3, on all QDC public roads;

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     (D) Establish rules and regulations regarding the care, maintenance, and use of all QDC

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public roads including, but not limited to, traffic regulations and speed restrictions;

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     (E) Engage any other person or entity to perform, on the corporation’s behalf, any and all

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of its responsibilities and obligations with respect to the QDC public roads;

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     (F) Enter into agreements with the Rhode Island department of transportation and/or the

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town of North Kingstown relative to the maintenance of the QDC public roads; and

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     (G) Undertake any other action incidental to these enumerated powers.

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     The corporation’s powers with regard to all QDC public roads shall supersede and preempt

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any provision of the general laws or any municipal laws or regulations inconsistent or contrary

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herewith.

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     (x)(xii) Any third party shall be entitled to rely on a writing signed by the corporation to

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conclusively establish:

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     (A) the The identity of a particular Property as property for all purposes hereof; and

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     (B) The status of any road within the Quonset Business Park as a public road.

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     (4) To own, hold, improve, operate, manage, and regulate utilities at the Quonset Business

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Park and to establish rates, fees, and charges, to adopt regulations, and to impose penalties for any

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services or utilities it provides, or causes to have available, and to have functions and exercise

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powers as necessary and appropriate under the provisions of §§ 42-64-4, 42-64-7.4, 42-64-7.8, 42-

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64-7.9 and 42-64-9.1 — 42-64-9.10, inclusive.

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     (5) To enter into agreements with any city, town, district, or public corporation with regard

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to application and/or administration of zoning or other land use ordinances, codes, plans, or

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regulations, and cities, towns, districts, and public corporations are hereby authorized and

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empowered, notwithstanding any other law to the contrary, to enter into such agreements with the

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corporation and to do all things necessary to carry out their obligations under such agreements; in

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the absence of any such agreement the corporation shall act in accordance with the provisions of §

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42-64-13.

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     (6) To enter into agreements, including with any state agency, city, town, district, or public

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corporation, for the provision of police, security, fire, sanitation, health protection, and other public

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services.

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     (7) To be exempt from taxation and to enter into agreements for payments in lieu of taxes

 

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as provided for in § 42-64-20.

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     (8) To establish a stormwater management and conveyance system and regulate

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connections, user fees, charges and assessments in connection therewith. In particular, the

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corporation shall have full and complete power and authority to:

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     (i) Limit, deny, or cause appropriate direct or indirect connections to be made between any

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building or property located in the Quonset Business Park, or from any location outside the

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boundaries of the Quonset Business Park and discharging into the corporation’s stormwater

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management and conveyance systems. The corporation may prescribe those rules and regulations

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for stormwater runoff, that in the opinion of the corporation, are necessary and appropriate for the

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maintenance and operation of the stormwater management and conveyance systems, and may

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establish, from time to time, rules and regulations relating to stormwater management in the

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Quonset Business Park. Any person or entity having an existing connection to the stormwater

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management and conveyance systems or currently discharging into such systems, will obtain a

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permit from the corporation in accordance with its rules and regulations. No person or entity shall,

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without first being granted a written permit from the corporation in accordance with its rules and

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regulations, make any future connection or permit any runoff from any structure or property to any

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stormwater management and conveyance systems, or any appurtenance thereto, without first being

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granted a written permit from the corporation in accordance with its rules and regulations.

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     (ii) Compel any person or entity within the Quonset Business Park, for the purpose of

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stormwater runoff, to establish a direct connection on the property of the person or entity, or at the

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boundary thereof, to the corporation’s stormwater management and conveyance systems. These

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connections shall be made at the expense of such person or entity. The term “appurtenance” as used

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herein shall be construed to include adequate pumping facilities, whenever the pumping facilities

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shall be necessary to deliver the stormwater runoff to the stormwater management and conveyance

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systems.

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     (iii) Assess any person or entity having a direct or indirect connection (including, without

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limitation, via runoff) to the Quonset Business Park stormwater management and conveyance

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systems the reasonable charges for the use, operation, maintenance, and improvements to the

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systems. The corporation shall also be entitled, in addition to any other remedies available, to assess

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fines for violations of the rules and regulations established by the corporation with respect to

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stormwater management.

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     (iv) Collect the fees, charges, and assessments from any person or entity so assessed. Each

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person or entity so assessed shall pay the fees, charges, or assessments within the time frame

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prescribed by the rules and regulations of the corporation. The corporation may collect the fees,

 

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charges, and assessments in the same manner in which taxes are collected by municipalities, with

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no additional fees, charges, assessments, or penalties (other than those provided for in chapter 9 of

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title 44). All unpaid charges shall be a lien upon the real estate of the person or entity. The lien shall

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be filed in the records of land evidence for the city or town in which the property is located and the

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corporation shall simultaneously, with the filing of the lien, give notice to the property owner.

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Owners of property subject to a lien for unpaid charges are entitled to a hearing within fourteen

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(14) days of the recording of the lien.

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     (v) Notwithstanding the provisions of subsection (8)(iv) of this section, the corporation is

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authorized to terminate the water supply service or prohibit the use of the corporation’s stormwater

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management and conveyance systems of any person or entity for the nonpayment of storm water

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management user fees, charges, and assessments. The corporation shall notify the user of

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termination of water supply or use of the stormwater management and conveyance systems at least

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forty-eight (48) hours prior to ceasing service. The corporation may assess any person or entity any

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fees, charges, and assessments affiliated with the shut off and restoration of service.

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     (vi) Without in any way limiting the foregoing powers and authority, the corporation is

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also hereby empowered to: (A) Establish a fee system and raise funds for administration and

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operation of the stormwater management and conveyance systems; (B) Prepare long-range,

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stormwater management master plans; (C) Implement a stormwater management district; (D)

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Retrofit existing structures to improve water quality or alleviate downstream flooding or erosion;

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(E) Properly maintain existing stormwater management and conveyance systems; (F) Hire

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personnel to carry out the functions of the stormwater management and conveyance systems; (G)

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Receive grants, loans, or funding from state and federal water-quality programs; (H) Grant credits

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to property owners who maintain retention and detention basins or other filtration structures on

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their property; (I) Make grants for implementation of stormwater management plans; (J) Purchase,

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acquire, sell, transfer, or lease real or personal property; (K) Impose liens; (L) Levy fines and

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sanctions for noncompliance; (M) Provide for an appeals process; and (N) Contract for services in

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order to carry out the function of the stormwater management and conveyance systems.

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     (9) To purchase and obtain water supply and water service from any city, town, water

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district, or other water supply authority. In particular, the corporation is authorized to:

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     (i) Enter into agreements or contracts with any city, town, county, water district, or other

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water supply authority to purchase, acquire, and receive water supply and water service.

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     (ii) Enter into cooperative agreements with cities, towns, counties, water districts, or other

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water supply authorities for the interconnection of facilities or for any other lawful corporate

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purposes necessary or desirable to effect the purposes of this chapter.

 

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     (iii) Connect the water supply system at Quonset Business Park with any city, town, county,

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water district, or other water supply authority that receives or has a connection with the city of

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Providence and/or the Providence Water Supply Board (or any successor thereof) and purchase,

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connect to, receive, and enter into agreements to receive water supply from any city, town, county,

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water district, or other water supply authority regardless of the origin of such water supply. The

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city of Providence and the Providence Water Supply Board (and any successor thereof) are

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authorized and directed to supply water to the Quonset Business Park either directly or via

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connections between the Quonset Development Corporation and any city, town, county, water

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district, or other water supply authority, notwithstanding any terms to the contrary in any

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agreement, including, without limitation, any agreement between any city, town, county, water

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district, or other water supply authority and the city of Providence and/or the Providence Water

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Supply Board (or its or their predecessors), or the provisions of chapter 16 of title 39. In addition,

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the provisions of section 18 of chapter 1278 of the public laws of Rhode Island of 1915 as amended,

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and any other public law that would conflict with the terms hereof, are hereby amended to authorize

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the provision of water supply by the city of Providence and the Providence Water Supply Board

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(or any successor thereof) to the Quonset Business Park and to authorize any additional connections

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in accordance herewith. There shall be no requirement that the corporation demonstrate public

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necessity before entering into such agreements, connecting to such water supplies, or receiving

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such water as described in this subsection, but the corporation shall be subject to the other

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applicable provisions of chapter 15 of title 46.

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     SECTION 8. Chapter 24-8 of the General Laws entitled "Construction and Maintenance of

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State Roads" is hereby amended by adding thereto the following section:

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     24-8-46. Public roads located within the Quonset Business Park.

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     Notwithstanding any general or public law to the contrary, QDC public roads, as defined

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in § 24-8-1.3, shall neither be subject to this chapter nor the rules and regulations regarding the

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care, maintenance, and use of state roads and/or municipal roads otherwise established under the

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general laws or elsewhere. The QDC public roads shall be subject only to the rules and regulations

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promulgated by the Quonset Development Corporation pursuant to its powers and authority under

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§ 42-64.10-6.

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     SECTION 9. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- CONSTRUCTION AND MAINTENANCE OF STATE

ROADS

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     This act would provide that roads located within the Quonset Business Park be under the

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control of the Quonset Development Corporation who shall have the sole authority relating to the

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care and maintenance of roads, freeways and bridges designated as QDC public roads.

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     This act would take effect upon passage.

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