2014 -- H 7800

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LC004604

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - QUONSET DEVELOPMENT

CORPORATION

     

     Introduced By: Representative Arthur Handy

     Date Introduced: March 04, 2014

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. 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. -- In addition to the powers

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enumerated in section 42-64.10-5, except to the extent inconsistent with any specific provision of

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this chapter, the corporation shall have and may exercise additional general powers:

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      (a) As set forth in section 42-64-7 necessary or convenient to effect its purposes;

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

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exercise eminent domain;

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      (b) As a subsidiary of the Rhode Island economic development corporation as provided

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for in section 42-64-7.1;

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      (c) As the Rhode Island economic development corporation's true and lawful attorney as

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agent and attorney-in-fact and in the name, place and stead of the Rhode Island economic

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development corporation with respect to all property of the Rhode Island economic development

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corporation at Quonset Business Park (hereinafter referred to as "the Property") and for the

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purposes hereinafter set forth:

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      (1) 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,

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deposits, safe deposit boxes, interests, dividends, stock certificates, certificates of deposit,

 

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insurance benefits and proceeds, documents of title, personal and real property, tangible and

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intangible property and property rights, liquidated or unliquidated, which now are or hereafter

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shall be or become due, owing, or payable in respect to the Property, and upon receipt thereof, or

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of any part thereof, to make, sign, execute, and deliver such receipts, releases or other discharges

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for the same as the corporation shall deem proper.

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      (2) 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

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

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therein.

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

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

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

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

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

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

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

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

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

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

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mortgagees deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance

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policies, bills of lading, warehouse receipts, documents of title, bills, bonds, debentures, checks,

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drafts, bills of exchange, notes, stock certificates, proxies, warrants, commercial paper, receipts,

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withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of

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deposit of, banks, savings and loan or other institutions or associations, proofs of loss, evidences

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

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debts and obligations, and other instruments in writing of whatever kind and nature as be

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necessary or proper in the exercise of the rights and powers herein granted.

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      (6) 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 economic

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development corporation, under or with respect to any indebtedness, property or other assets

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constituting or securing any Property.

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      (7) 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

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take other actions and exercise other rights which may be taken under the terms of any loan

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

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otherwise relating to the Property, including foreclosure, lease, sale, taking possession of,

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realization upon or any other disposition of any Property or any collateral therefor or guarantee

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thereof.

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      (8) To exercise any powers and any duties vested in the economic development

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corporation as a partner, joint venturer, participant or other joint interest holder with respect to

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any Property, or to concur (or not) with persons jointly interested with the economic development

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corporation in any Property.

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      (9) With respect to the Property: (i) 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

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

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judicial repossessions and foreclosures or similar actions to recover collateral); (ii) to defend, or

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otherwise participate for or in the name of the economic development corporation in any legal,

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administrative, arbitration, mediation or other proceedings; (iii) to process, determine, or adjudge

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any claim or cause of action for or in the name of the economic development corporation; (iv) to

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compromise, settle, discharge or resolve, or make, execute, or deliver any endorsements,

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acquittances, releases, receipts, or other discharges of any claim, cause of action, determination,

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judgment or other proceeding for or in the name of the economic development corporation; and

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(v) to prepare, execute and file ad valorem, franchise and other tax returns, protests and suits

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against taxing authorities, and to prepare, execute and file other governmental or quasi-

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governmental reports, declarations, applications, requests and documents in connection with any

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Property, and to pay taxes in connection with the Property as the corporation deems necessary or

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appropriate, or as otherwise required by law.

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

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conclusively establish the identity of a particular Property as property for all purposes hereof.

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

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Business Park and to establish rates, fees, and charges, to adopt regulations, and to impose

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penalties for any services or utilities it provides or causes to have available and to have functions

 

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and exercise powers as necessary and appropriate under the provisions of sections 42-64-4, 42-

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64-7.4, 42-64-7.8, 42-64-7.9 and 42-64-9.1 -- 42-64-9.10, inclusive.

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

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

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or 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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section 42-64-13.

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

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

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other public services.

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

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taxes as provided for in section 42-64-20.

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     (h) 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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     (1) Limit, deny, or cause appropriate direct or indirect connections to be made between

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any 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

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shall, without first being granted a written permit from the corporation in accordance with its

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rules and regulations, make any future connection or permit any runoff from any structure or

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property to any stormwater management and conveyance systems or any appurtenance thereto,

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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.

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     (2) 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

 

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

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These connections shall be made at the expense of such person or entity. The term

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"appurtenance" as used herein shall be construed to include adequate pumping facilities,

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whenever the pumping facilities shall be necessary to deliver the stormwater runoff to the

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stormwater management and conveyance systems.

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     (3) 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

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

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to stormwater management.

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     (4) 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

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

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and the corporation shall simultaneously with the filing of the lien give notice to the property

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

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fourteen (14) days of the recording of the lien.

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     (5) Notwithstanding the provisions of subsection (h)(4) 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

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

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

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user of termination of water supply or use of the stormwater management and conveyance

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systems at least forty-eight (48) hours prior to ceasing service. The corporation may assess any

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person or entity any fees, charges and assessments affiliated with the shut off and restoration of

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service.

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

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

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operation of the stormwater management and conveyance systems; (ii) Prepare long range

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stormwater management master plans; (iii) Implement a stormwater management district; (iv)

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

 

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(v) Properly maintain existing stormwater management and conveyance systems; (vi) Hire

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

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

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

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structures on their property; (ix) Make grants for implementation of storm water management

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plans; (x) Purchase, acquire, sell, transfer, or lease real or personal property; (xi) Impose liens;

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(xii) Levy fines and sanctions for noncompliance; (xiii) Provide for an appeals process; and (xiv)

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Contract for services in order to carry out the function of the stormwater management and

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conveyance systems.

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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 STATE AFFAIRS AND GOVERNMENT - QUONSET DEVELOPMENT

CORPORATION

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     This act would authorize the Quonset Development Corporation to establish a stormwater

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management and conveyance system and regulate connections, user fees, charges and

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assessments.

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     This act would take effect upon passage.

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