2015 -- H 5831

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LC001849

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - SITE READINESS PROGRAM

     Introduced By: Representatives Marshall, DeSimone, Gallison, Shekarchi, and Casey

     Date Introduced: March 11, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-64 of the General Laws entitled "Rhode Island Commerce

Corporation" is hereby amended by adding thereto the following section:

     42-64-13.3. Site readiness program. -- The commerce secretary, with the cooperation

of, and in collaboration with, the department of transportation, the department of environmental

management, the clean water finance agency, the coastal resources management council, and

local authorities, shall, no later than January 1, 2016, develop a site readiness program for all

vacant public and private parcels located within the state. The purpose of said program shall be

to provide for pre-permitting, engineering and environmental services, and the maintaining and

management of a statewide inventory of said parcels, categorized by zones. Funding for said

services shall be made available to cities and towns through the issuance of bonds and temporary

notes pursuant to article 5, section 1 of chapter 145 of the 2014 public laws, state and federal

grants, including clean water finance agency funds, and any other available state funding.

     SECTION 2. Section 46-12.2-4 of the General Laws in Chapter 46-12.2 entitled "Rhode

Island Clean Water Finance Agency" is hereby amended to read as follows:

     46-12.2-4. General powers and duties of agency. -- (a) The agency shall have all

powers necessary or convenient to carry out and effectuate the purposes and provisions of this

chapter and chapter 24-18, including without limiting the generality of the foregoing, the powers

and duties:

      (1) To adopt and amend bylaws, rules, regulations, and procedures for the governance of

its affairs, the administration of its financial assistance programs, and the conduct of its business;

      (2) To adopt an official seal;

      (3) To maintain an office at such place or places as it may determine;

      (4) To adopt a fiscal year;

      (5) To adopt and enforce procedures and regulations in connection with the performance

of its functions and duties;

      (6) To sue and be sued;

      (7) To employ personnel as provided in § 46-12.2-5, and to engage accounting,

management, legal, financial, consulting and other professional services;

      (8) Except as provided in this chapter, to receive and apply its revenues to the purposes

of this chapter without appropriation or allotment by the state or any political subdivision thereof;

      (9) To borrow money, issue bonds, and apply the proceeds thereof, as provided in this

chapter and chapter 24-18, and to pledge or assign or create security interests in revenues, funds,

and other property of the agency and otherwise as provided in this chapter and chapter 24-18, to

pay or secure the bonds; and to invest any funds held in reserves or in the water pollution control

revolving fund, the pre-permitting revolving fund, the Rhode Island water pollution control

revolving fund, the municipal road and bridge fund established under chapter 24-18, or the local

interest subsidy trust fund, or any revenues or funds not required for immediate disbursement, in

such investments as may be legal investments for funds of the state;

      (10) To obtain insurance and to enter into agreements of indemnification necessary or

convenient to the exercise of its powers under this chapter and chapter 24-18;

      (11) To apply for, receive, administer, and comply with the conditions and requirements

respecting any grant, gift, or appropriation of property, services, or moneys;

      (12) To enter into contracts, arrangements, and agreements with other persons, and

execute and deliver all instruments necessary or convenient to the exercise of its powers under

this chapter and chapter 24-18; such contracts and agreements may include without limitation,

loan agreements with local governmental units, capitalization grant agreements, intended use

plans, operating plans, and other agreements and instruments contemplated by title VI of the

Clean Water Act, 33 U.S.C. § 1381 et seq., or this chapter, agreement and instruments

contemplated by chapter 24-18, grant agreements, contracts for financial assistance or other forms

of assistance from the state or the United States, and trust agreements and other financing

agreements and instruments pertaining to bonds;

      (13) To authorize a representative to appear on its own behalf before other public bodies,

including, without limiting the generality of the foregoing, the congress of the United States, in

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all matters relating to its powers and purposes;

      (14) To provide financial assistance to local governmental units to finance costs of

approved projects, and to acquire and hold local governmental obligations at such prices and in

such manner as the agency shall deem advisable, and sell local governmental obligations acquired

or held by it at prices without relation to cost and in such manner as the agency shall deem

advisable, and to secure its own bonds with such obligations all as provided in this chapter and

chapter 24-18;

      (15) To establish and collect such fees and charges as the agency shall determine to be

reasonable;

      (16) To acquire, own, lease as tenant, or hold real, personal or mixed property or any

interest therein for its own use; and to improve, rehabilitate, sell, assign, exchange, lease as

landlord, mortgage, or otherwise dispose of or encumber the same;

      (17) To do all things necessary, convenient, or desirable for carrying out the purposes of

this chapter and chapter 24-18 or the powers expressly granted or necessarily implied by this

chapter and chapter 24-18;

      (18) To conduct a training course for newly appointed and qualified members and new

designees of ex-officio members within six (6) months of their qualification or designation. The

course shall be developed by the executive director, approved by the board of directors, and

conducted by the executive director. The board of directors may approve the use of any board of

directors or staff members or other individuals to assist with training. The training course shall

include instruction in the following areas: the provisions of chapters 46-12.2, 42-46, 36-14, and

38-2; and the agency's rules and regulations. The director of the department of administration

shall, within ninety (90) days of the effective date of this act [July 15, 2005] prepare and

disseminate, training materials relating to the provisions of chapters 42-46, 36-14 and 38-2; and

      (19) Upon the dissolution of the water resources board (corporate) pursuant to § 46-15.1-

22, to have all the powers and duties previously vested with the water resources board

(corporate), as provided pursuant to chapter 46-15.1.

      (20) To meet at the call of the chair at least eight (8) times per year. All meetings shall

be held consistent with chapters 42-46.

      (b) Notwithstanding any other provision of this chapter, the agency shall not be

authorized or empowered:

      (1) To be or to constitute a bank or trust company within the jurisdiction or under the

control of the department of banking and insurance of the state, or the commissioner thereof, the

comptroller of the currency of the United States of America, or the Treasury Department thereof;

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or

      (2) To be or constitute a bank, banker or dealer in securities within the meaning of, or

subject to the provisions of, any securities, securities exchange, or securities dealers' law of the

United States or the state.

     SECTION 3. 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 - SITE READINESS PROGRAM

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     This act would direct the commerce secretary, in collaboration with the department of

transportation, the department of environmental management, the clean water finance agency, the

coastal resources management council, and local authorities, to develop a site readiness program

for all vacant parcels located in any city or town by assisting in the pre-approval process for

permitting, engineering, environmental services, and the maintaining and management of a

statewide inventory of said parcels, categorized by zones.

     This act would take effect upon passage.

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