2012 -- S 2721 SUBSTITUTE A AS AMENDED

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF

PROPERTY

     Introduced By: Senators Perry, Miller, Metts, and Pichardo

     Date Introduced: March 06, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-7-9 of the General Laws in Chapter 37-7 entitled "Management

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and Disposal of Property" is hereby amended to read as follows:

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     37-7-9. Concessions, leases, and licenses -- Reports. -- (a) The acquiring authority, with

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the approval of the state properties committee, is authorized and empowered when it shall serve

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the public purpose to grant concessions in or to lease or license any land or building or structure,

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a part or portion of any governmental facility, public work, or public improvement for industrial

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or commercial purposes for a term or terms not exceeding in the aggregate in any one case twenty

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(20) years; provided, however, that real property, buildings, and facilities owned by the state at

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the Port of Galilee may be leased for a term of up to forty (40) years for commercial fishing

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industry-related purposes, and provided further, however, that certain real property, buildings,

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and facilities owned by the state located on India Point with a 2012 address of 25 India Street in

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the city of Providence may be leased for a term of up to forty (40) years for commercial, public

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recreation, marina, and redevelopment purposes, and provided further, however, that certain real

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properties, buildings, and facilities owned by the state in the city of Providence known as the

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Union Station properties, which properties have been conveyed from time to time to the state by

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the consolidated rail corporation and others, may be leased for a term of up to forty (40) years for

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office, commercial, service, transportation, or other related purposes; and provided further,

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however, that real property, buildings, and facilities owned by the state may be leased for a term

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of up to forty (40) years for the development of cogeneration projects which involve the

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simultaneous generation of electricity and thermal energy (steam and hot water) and for eligible

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renewable energy resources as defined in subdivisions 39-26-5(a)(i) through (v); and further

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provided, however, that in the event of a mobile home lease agreement, or site lease agreement,

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wherein such mobile home is contiguous to a resident owned mobile home park, the State

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Properties Committee may enter into a lease or grant concessions to or license any land or

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building for a period not to exceed thirty (30) years and provided further, however, that real

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property, buildings, and facilities owned by the state may be leased for a term of up to ninety-nine

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(99) years for the development of railroad layover facilities, contingent on the lease requiring the

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lessee to provide commuter rail service within the state of Rhode Island, as set forth by the state

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and provided further however, that real property, buildings and facilities owned by the state at the

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Quonset State Airport may be leased to the United States Air Force for a term not to exceed forty

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(40) years for the purpose of making improvements to infrastructure thereon. All agreements,

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contracts, and other instruments granting concessions or leasing or licensing facilities shall

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contain such conditions, rules, restrictions, and regulations as the state purchasing agent shall

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deem suitable or necessary, and shall be approved as to substance by the director of

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administration and as to form by the attorney general.

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      (b) Whenever property which is subject to the provisions of this chapter is leased by the

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state, the lessee shall report on a semi-annual basis the amount of income revenue generated by

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the leased property. The report shall be made to the state properties commission and copies shall

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be provided to both the house and senate fiscal staffs and the governor. These requirements shall

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be contained in the lease between the lessor and the lessee with approval of the state properties

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committee.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF

PROPERTY

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     This act would provide that certain real property, buildings, and facilities owned by the

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state at 25 India Street in the city of Providence be leased for a term of up to forty (40) years for

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commercial, public recreation, marina, and redevelopment purposes.

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     This act would take effect upon passage.

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