2003 -- S 1187
RELATING TO SPECIAL DEVELOPMENT DISTRICTS -- EAST PROVIDENCE
Introduced By: Senators Irons, and Damiani
Date Introduced: June 30, 2003
It is enacted by the General Assembly as follows:
SECTION 1. There is hereby created an East Providence Waterfront District.
Section 1. Findings. The General Assembly finds and declares that:
(a) Realizing the enormous potential of the East Providence Waterfront requires a
cooperative effort between the City, the State, and private sector leadership because all three (3)
interests are involved and intertwined.
(b) The East Providence Waterfront initiative is large and complex, includes brownfield
areas, and requires substantial investments of time, energy, and resources that are beyond the
capacity of the City to provide alone without significantly siphoning effort away from other parts
of the City.
(c) The East Providence Waterfront development project will include a substantial diversity
of uses, thus its implementation will require a wider range of authorities, powers, and expertises
than are present in any current governmental agency with jurisdiction in the project area.
(d) The East Providence Waterfront development will take place over a substantial period of
time, and consequently it is vital to the project that the administration of the project have
continuity and consistency.
(e) The East Providence Waterfront development initiative is very high visibility and high
value and will affect the well-being of the people of the City and the metropolitan area for
generations, thus diverse, high quality development is critically important.
Section 2. Purposes. The purposes of this act are (a) to create a State-local-private
sector partnership to plan, implement, administer, and oversee the development of the East
Providence Waterfront District and (b) to authorize, provide for, and facilitate the consolidated
exercise of development and redevelopment powers existing at the State and local levels.
Section 3. East Providence Waterfront District Created. The East Providence
Waterfront District is hereby constituted an independent public instrumentality and body
corporate and politic for the purposes set forth in this chapter with a separate legal existence from
the City and from the State and the exercise by the District of the powers conferred by this
chapter shall be deemed and held to be the performance of an essential public function. The
boundaries of the district shall be established by ordinance of the City Council and may be
amended with the approval of the District by ordinance of the City Council. The East Providence
Waterfront District shall oversee, plan, implement, and administer the development of the areas
within the District. It is the intent of the General Assembly by the passage of this chapter to vest
in the District all powers, authority, rights, privileges, and titles which may be necessary to enable
it to accomplish the purposes herein set forth, and this chapter and the powers granted hereby
shall be liberally construed in conformity with those purposes.
Section 4. Planning. The District shall function and conduct its business and activities
in a manner consistent with plans approved for the district by the City and the Commission, and,
as appropriate or necessary, by the Rhode Island Economic Development Corporation. Such
plans may be prepared without limitation by the District in order to achieve the purposes of this
chapter, and shall be subject to such State and local approvals as are expressly provided for in this
chapter. The district shall conform with the comprehensive plan and land development
regulations of the City. The approved plan for the district shall be considered, in whole or part as
appropriate, for adoption as an element of the state guide plan by the State Planning Council and
for incorporation into a special area management plan, which includes the district, by the Coastal
Resources Management Council.
Section 5. District governance -- Commission. The powers of the District shall be
exercised by a commission as herein provided.
(a) Membership of the Commission. There shall be a commission of nineteen (19)
members as follows: five (5) members shall be appointed by the City Council, the terms shall be
four (4) years, with the initial appointments being two (2) for two (2) year terms, two (2) for three
(3) year terms, one (1) for a four (4) year term, who shall be either electors or property owners of
the City or persons engaged in business in the City; five (5) members appointed by the Governor,
with the advice and consent of the Senate, the terms shall be four (4) years, with the one (1) for a
four (4) year term, who shall have expertise in the following areas: architecture, planning, labor,
finance, and commercial real estate development; the Mayor, with the approval of the City
Council, and the Governor shall jointly appoint a member who shall be the chairperson, subject to
the advice and consent of the Senate, who shall have a four (4) year term; in addition to these
voting members, there shall be eight (8) ex officio, non-voting members as follows: the City
Manager, the City Planning Director, the Public Works Director, the Executive Director of the RI
Economic Development Corp, the Director of the Department of Transportation, the Director of
the Department of Environmental Management or an associate director designated by the
director, a member of the Senate appointed by the Senate President, and a member of the House
appointed by the Speaker. In the event of a vacancy occurring in the office of a member by
death, resignation, or otherwise, that vacancy shall be filled in the same manner as an original
appointment, but only for the remainder of the term of the former member. Each member of the
Commission may serve until a successor is appointed and qualified.
(b) The commissioners shall receive no compensation for the performance of their duties
under this chapter, but each commissioner shall be reimbursed for his or her reasonable expenses
incurred in carrying out those duties. A commissioner may engage in private employment, or in a
profession or business.
(c) The chairperson shall designate a vice chairperson who shall serve at the pleasure of
the chairperson. Seven (7) voting commissioners shall constitute a quorum, and any action to be
taken by the District under the provisions of this chapter may be authorized by resolution
approved by a majority of the commissioners present and entitled to vote at any regular or special
meeting at which a quorum is present. A vacancy in the membership of the Commission shall not
impair the right of a quorum to exercise all of the rights and perform all of the duties of the
(d) The Commission shall appoint a secretary and such additional officers and staff
members as they shall deem appropriate and shall determine the amount of reasonable
compensation, if any, each shall receive. The Commission may vest in an executive director or
the director's subordinates the authority to appoint additional staff members and to determine the
amount of compensation each individual shall receive.
(e) No full-time employee shall during the period of his or her employment by the
District engage in any other private employment, profession, or business, except with the
approval of the board of directors.
(f) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict
of interest for a director, officer, or employee of any financial institution, investment banking
firm, brokerage firm, commercial bank, trust company, building-loan association, architecture
firm, insurance company, or any other firm, person, or corporation to serve as a commissioner,
nor shall any contract or transaction between the District and a financial institution, investment
banking firm, brokerage firm, commercial bank, trust company, building-loan association,
architecture firm, insurance company, or other firm, person, or corporation be void or voidable by
reason of that service as director of the District . If any commissioner, officer, or employee of the
District shall be interested either directly or indirectly, or shall be a director, officer, or employee
of or have an ownership interest (other than as the owner of less than one percent (1%) of the
shares of a publicly-held corporation) in any firm or corporation interested directly or indirectly
in any contract with the Commission, that interest shall be disclosed to the Commission and set
forth in the minutes of the Commission, and the Commissioner, officer, or employee having that
ownership interest shall not participate on behalf of the Commission in the authorization of that
contract. Interested commissioners may be counted in determining the presence of a quorum at a
meeting of the Commission which authorizes the contract or transaction.
(g) Any action taken by the Commission under the provisions of this chapter may be
authorized by vote at any regular or special meeting, and each vote shall take effect immediately.
All meetings shall be open to the public and all records shall be a matter of public record except
that if a majority of the Commission decides, consistent with the requirements of the open
meetings law, that it would be in the best interests of the District and the City and/or the State to
hold an executive session in private, then the Commission is authorized to transact any business
as allowable under law at that executive session in private, and the record of the executive session
shall not become a matter of public record until the transaction discussed has in the opinion of the
Commission been completed.
(h) Employees of the District shall not, by reason of their employment, be deemed to be
employees of the State or the City for any purpose, any other provision of the general laws,
charter, or ordinance to the contrary notwithstanding.
Section 6. Powers of the Commission. The Commission shall have all the rights and
powers necessary or convenient to carry out and effectuate this chapter, including, but not limited
to, the rights and powers:
(1) To sue and be sued, complain and defend, in its corporate name.
(2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a
facsimile of the seal, to be impressed or affixed, or in any other manner reproduced.
(3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, real or personal property, or any interest in real or personal property,
(4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
all or any part of its property and assets for any consideration and upon any terms and conditions
as the Commission shall determine.
(5) To make contracts and guarantees and incur liabilities, borrow money at any rates of
interest as the Commission may determine.
(6) To make and execute agreements of lease, conditional sales contracts, installment
sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other
contracts and instruments necessary or convenient in the exercise of the powers and functions of
the Commission granted by this chapter.
(7) To lend money for its purposes, invest and reinvest its funds, and at its option to take
and hold real and personal property as security for the payment of funds so loaned or invested.
(8) To acquire or contract to acquire, from any person, firm, corporation, municipality,
the federal government, or the State, or any agency of either the federal government or the State,
by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition
of any property, real or personal, improved or unimproved, and interests in land less than the fee
thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the
purposes of carrying out the provisions and intent of this chapter, for any consideration as the
Commission shall determine, and with the approval of the city council and the Rhode Island
Economic Development Corporation to retain a master developer for all or any portion of a
(9) To conduct its activities, carry on its operations, and have offices and exercise the
powers granted by this chapter, within or outside of the state.
(10) To elect or appoint officers and agents of the District, and define their duties and fix
(11) To make and alter by-laws, not inconsistent with this chapter, for the administration
and regulation of the affairs of the District, and those by-laws may contain provisions
indemnifying any person who is or was a commissioner, officer, employee, or agent of the
(12) To be a promoter, partner, member, associate, or manager of any partnership,
enterprise, or venture within the district and to engage in promotional, marketing, and similar
activities for the benefit of the district.
(13) To enter into contracts, agreements, and cooperative agreements with the City and
its agencies and instrumentalities and the State and its agencies and instrumentalities for the
sharing of personnel and other resources.
(14) To have and exercise all powers necessary or convenient to effect its purposes;
provided, however, that the District shall not have any power to create, empower or otherwise
establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any
other separate entity without the express approval and authorization of the City Council and the
Section 7. Additional general powers. — In addition to the powers of the District
otherwise provided herein, the District shall have the powers set forth below and shall be subject
to the limitations herein set forth. Except as may be expressly limited by action of the District at
a regular or special meeting, the Commission shall have the powers necessary to put into effect
the powers of the District as set forth below and as herein limited.
(a) The District is authorized and empowered to fix, revise, charge, collect, and abate
fees, rates, rents, assessments, delinquency charges, and other charges for its services, and other
services, facilities, and commodities furnished or supplied by it including penalties for violations
of such regulations as the District may from time to time promulgate under this chapter. Fees,
rates, rents, assessments, delinquency charges, and other charges of general application shall be
adopted and revised by the District in accordance with procedures to be established by the
District for assuring that interested persons are afforded notice and an opportunity to present data,
views, and arguments. The District shall hold at least one public hearing on its schedule of fees,
rates, and charges or any revision thereof prior to adoption, notice of which shall be published in
a newspaper of substantial circulation in the district at least fifteen (15) days in advance of the
hearing, and notice of the hearing shall be provided to the City Council. No later than the date of
such publication the District shall make available to the public the proposed schedule of fees,
rates, and charges. Fees, rates, rents, assessments, abatements, and other charges established by
the District shall not be subject to supervision or regulation by any department, division, district,
board, bureau, or agency of the State or any of its political subdivisions. In order to provide for
the collection and enforcement of its fees, rates, rents, assessments, and other charges, the District
is hereby granted all the powers and privileges with respect to such collection and enforcement
held by the City of liens for unpaid taxes.
(b) In order provide for the consolidated and coordinated, efficient and effective exercise
of public development powers affecting or benefiting the East Providence Waterfront, the District
shall have the powers of:
(1) A Special Development District as provided for in chapter 45-24.4, with the approval
of the City Council.
(2) A Redevelopment Agency as provided for in chapters 45-31, 45-31.1, 45-31.2, 45-32,
and 45-33 with the approval of the City Council, within areas of the district which are part of an
enterprise zone as provide for in chapter 42-64.3. Within the district, the term "blighted area and
substandard area" shall be deemed to include areas where the presence of hazardous materials, as
defined in section 23-19.14-2, impairs the use, reuse, or redevelopment of impacted sites.
(3) A Municipal Public Buildings Authority as provided for in chapter 45-50, with the
approval of the City Council.
(4) A subsidiary of the Rhode Island Economic Development Corporation, with the
approval of the Economic Development Corporation, and the enactment of this chapter shall
constitute the approval of the General Assembly as required by section 42-64-7.1.
(c) For the benefit of the district, the District shall have the power to enter into
agreements with the City of East Providence for (1) the exercise of powers for tax increment
financing as provided for in chapter 45-33.2, (2) the imposition of impact fees as provided for in
chapter 45-22.4 in order to provide infrastructure capacity to or make physical improvements
within the district, or (3) approval within the district of a District Management Authority as
provided for in chapter 45-59, for purposes of undertaking activities consistent with an approved
plan or plans for the district.
Section 8. Electors and elections. (a) Electors. The electors of the district shall include
electors of the City and/or owners of real property of the city and/or district ratepayers.
(b) Elections. In the event that exercise of any powers of the District requires approval
by vote within the district, the District shall have the power to organize and conduct such election
in a manner consistent with requirements of law and in conjunction with the City, as necessary or
Section 9. Records; Reports; Inspection. — The District shall at all times keep full and
accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities, which shall
be open to inspection by any officer or duly appointed agent of the State or the City. The District
shall report annually on a) its finances and b) on the activities undertaken, the progress made in
meeting goals and objectives set forth in its plans, and its proposed activities for the next year.
Copies of these reports shall be submitted to the Governor, the Speaker of the House, the
President of the Senate, the Mayor as president of the City Council, and the City Manager. The
District shall conform with the open meetings law, 42-46, and the open records law, chapter 38-2,
in the same manner as required of the City, and, the Commission and the employees of the
District shall be subject to the Code of Ethics set forth in chapter 36-14.
Section 10. Termination or dissolution of district. — Upon termination or dissolution
of the District, the title to all funds and other properties owned by it which remain after payment
of all bonds and notes and other obligations and liabilities of the District shall vest in the City.
Section 11. Inconsistent laws or ordinances inoperative. — Except as otherwise
provided herein, any provisions of any special law and part of any special law and all ordinances
and parts of ordinances pertaining to development within the district which are inconsistent with
the provisions of this chapter shall be inoperative and cease to be effective. The provisions of this
chapter shall be deemed to provide an exclusive, additional, alternative, and complete method for
the doing of the things authorized hereby and shall be deemed and construed to be supplemental
and additional to, and not in derogation of, powers conferred upon the District by law and on the
city by its charter; provided, however, that insofar as the express provisions of this chapter are
inconsistent with the provisions of any general or special law, administrative order or regulation,
or ordinance of the City, the provisions of this chapter shall be controlling.
Section 12. Pledge not to alter rights of district. — The State does hereby pledge to
and agree with the holders of the bonds, notes, and other evidences of indebtedness of the District
that the State and the City will not limit or alter rights hereby vested in the District, which affect
the capacity or ability of the District to meet its obligations regarding bonds, notes or other forms
of indebtedness, until the bonds, notes, or other evidences of indebtedness, together with interest
thereon, with interest on any unpaid installment of interest and all costs and expenses in
connection with any actions or proceedings by or on behalf of the bondholders and noteholders,
are fully met and discharged.
SECTION 2. Section 42-64-7.1 of the general laws in chapter 42-64 entitled "Rhode
Island Economic Development Corporation" is hereby amended to read as follows:
42-64-7.1. Subsidiaries. -- (a) (1) The parent corporation shall have the right to exercise
and perform its powers and functions, or any of them, through one or more subsidiary
corporations whose creation shall be approved and authorized by the general assembly.
(2) Express approval and authorization of the general assembly shall be deemed to have
been given for all legal purposes on July 1, 1995 for the creation and lawful management of a
subsidiary corporation created for the management of the Quonset Point/Davisville Industrial
Park, that subsidiary corporation being managed by a board of directors, the members of which
shall be constituted as follows: (i) two (2) members who shall be appointed by the town council
of the town of North Kingstown; (ii) two (2) members who shall be residents of the town of North
Kingstown appointed by the governor; (iii) four (4) members who shall be appointed by the
governor; (iv) the chairperson, who shall be the executive director of the economic development
corporation; and (v) non-voting members, who shall be the members of the general assembly
whose districts are comprised in any part by areas located within the town of North Kingstown.
Upon receipt of approval and authorization from the general assembly, the parent corporation by
resolution of the board of directors may direct any of its directors, officers, or employees to create
subsidiary corporations pursuant to chapter 1.1 or 6 of title 7 or in the manner described in
subsection (b); provided, that the parent corporation shall not have any power or authority to
create, empower or otherwise establish any corporation, subsidiary corporation, corporate body or
any form of partnership or any other separate entity, without the express approval and
authorization of the general assembly.
(b) As used in this section, 'subsidiary public corporation' means a corporation created
pursuant to the provisions of this section. The person or persons directed by the resolution
referred to in subsection (a) shall prepare articles of incorporation setting forth: (1) the name of
the subsidiary public corporation; (2) the period of duration, which may be perpetual; (3) the
purpose or purposes for which the subsidiary public corporation is organized which shall not be
more extensive than the purposes of the corporation set forth in § 42-64-5; (4) the number of
directors (which may, but need not be, more than one) constituting the initial board of directors
and their names and business or residence addresses; (5) the name and business or residence
address of the person preparing the articles of incorporation; (6) the date when corporate
existence shall begin (which shall not be earlier than the filing of the articles of incorporation
with the secretary of state as provided in this subsection); (7) any provision, not inconsistent with
law, which the board of directors elect to set forth in the articles of incorporation for the
regulation of the internal affairs of the subsidiary public corporation; and (8) a reference to the
form of authorization and approval by the general assembly and to the resolution of the board of
directors authorizing the preparation of the articles of incorporation. Duplicate originals of the
articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds
that the articles of incorporation conform to the provisions of this subsection, the secretary shall
endorse on each of the duplicate originals the word 'Filed,' and the month, day and year of the
filing; file one of the duplicate originals in his or her office; and a certificate of incorporation to
which the secretary shall affix the other duplicate original. No filing fees shall be payable upon
the filing of articles of incorporation. Upon the issuance of the certificate of incorporation or upon
a later date specified in the articles of incorporation, the corporate existence shall begin and the
certificate of incorporation shall be conclusive evidence that all conditions precedent required to
be performed have been complied with and that the subsidiary public corporation has been duly
and validly incorporated under the provisions hereof. The parent corporation may transfer to any
subsidiary public corporation any moneys, real, personal, or mixed property or any project in
order to carry out the purposes of this chapter. Each subsidiary public corporation shall have all
the powers, privileges, rights, immunities, tax exemptions, and other exemptions of the parent
corporation except to the extent that the articles of incorporation of the subsidiary public
corporation shall contain an express limitation and except that the subsidiary public corporation
shall not have the condemnation power contained in § 42-64-9, nor shall it have the powers
contained in, or otherwise be subject to, the provisions of § 42-64-12 and § 42-64-13(a), nor shall
it have the power to create, empower or otherwise establish any corporation, subsidiary
corporation, corporate body, any form of partnership, or any other separate entity, without the
express approval and authorization of the general assembly.
(c) Any subsidiary corporation shall not be subject to the provisions of § 42-64-8(a), (c),
and (d), except as otherwise provided in the articles of incorporation of the subsidiary
(d) The corporation, as the parent corporation of the Rhode Island Airport Corporation,
shall not be liable for the debts or obligations or for any actions or inactions of the Rhode Island
Airport Corporation, unless the corporation expressly agrees otherwise in writing.
(e) The East Providence Waterfront District shall, with the approval of its commission
and the board of directors of the corporation, be a subsidiary of the corporation for the purposes
of exercising such powers of the corporation as the board of directors shall determine, and
notwithstanding the requirements of paragraph (b) above, the act creating the District shall be
deemed fully satisfactory for the purposes of this section regarding the establishment of
subsidiary public corporations, and the express approval and authorization of the general
assembly shall be deemed to have been given for all legal purposes for the creation and lawful
management of a subsidiary corporation created for the purposes of implementing the purposes
of the District.
SECTION 3. Section 45-24.4-4 of the general laws in chapter 45-24.4 entitled "Special
Development Districts" is hereby amended to read as follows:
45-24.4-4. Special development districts authorized. -- For the purposes stated in § 45-
24.4-1, the city council of any city has the authority to establish, designate, lay out, and define, as
special development districts, areas that are or may be or have been the subject of or substantially
affected by combined federal, state, local, and private action in connection with railroad
relocation projects and/or railroad abandonment actions, in the same manner as cities are
presently empowered to establish, designate, lay out, and define zoning districts.
SECTION 4. Section 45-31-9 of the general laws in chapter 45-31 entitled
"Redevelopment Agencies" is hereby amended to read as follows:
45-31-9. Agencies created. -- (a) There is created in each community a redevelopment
agency to be known as the redevelopment agency of the community.
(b) Redevelopment agencies may also be created by public law for the purposes of
exercising the powers set forth in chapters 31-33 of this title, provided an ordinance of the
legislative body of the community authorizes the exercise of the provisions of the public law for
the purposes of these chapters. The provisions of sections 45-31-12, 45-31-13, 45-31-14, 45-31-
15, and 45-31-21 that are inconsistent with such a public law shall be deemed to be superceded by
the public law and not applicable to the redevelopment agency thereby created, upon adoption
ordinance putting into effect the purposes of the public law. Where authorized by such a special
act, the term "blighted area and substandard area" shall be deemed to include areas where the
presence of hazardous materials, as defined in section 23-19.14-2, impairs the use, reuse, or
redevelopment of impacted sites.
SECTION 5. Sections 45-50-3, 45-50-5, 45-50-6, and 45-50-7 of the general laws in
chapter 45-50 entitled "Municipal Public Buildings Authorities" are hereby amended to read as
45-50-3. Legislative findings - Applicability of chapter - Resolution of need required
for authority to function. -- (a) It is declared that a need exists to authorize all municipalities
which issue significant amounts of general obligation debt or which have large operating budgets
to possess powers enabling the implementation of alternative financing techniques.
(b) This chapter applies to any municipality which has during the three (3) calendar
years preceding adoption of
the resolution provided for in subsection
(1) Issued in the aggregate in excess of sixty million dollars ($60,000,000) in general
obligation debt (excluding tax and revenue anticipation debt and long term advanced refunding
(2) Had an annual operating budget in excess of thirty-nine million dollars ($39,000,000).
(c) This chapter also applies to any municipality that has been expressly authorized by
public law to approve the establishment of such an authority for the purposes of undertaking
projects, as defined by this chapter, within a specified district of the municipality.
(c) (d) The authority of any city or town shall not transact any
business or exercise any
powers under this chapter, unless and until the city or town council, by resolution, declares, at any
time, that there is need for an authority to function in the city or town, and the public finance
management board, created by § 42-10.1-1, shall, by resolution, approve the creation of each
authority. Neither the state nor the public finance management board shall have any liability as a
result of the performance of the duty or exercise of the power described in this chapter.
(d) (e) Any authority created under this chapter is subject to
the provisions of chapter 2
of title 38 ('Access to Public Records') and chapter 46 of title 42 ('Open Meetings') and, in
addition, the members of the authority are subject to the provisions of chapter 14 of title 36
('Code of Ethics').
45-50-5. Appointment of authority members. -- When the council of a city or town
first adopts a resolution as provided for in § 45-50-3, the elected chief executive officer, in cities
and towns having a popularly elected chief executive officer, shall appoint five (5) resident
electors of the city or town as members of the authority. The appointments shall be subject to
approval by the city or town council where required by the charter. In cities and towns where
there is no popularly elected chief executive officer, the city or town council shall appoint five (5)
resident electors of the city or town as members of the authority. Provided, however, that the
provisions of this section shall not apply to an authority authorized pursuant to subsection 45-50-
3(c), in which case the public law providing for the exercise of the powers of the authority by a
body corporate and politic shall apply and be considered definitive.
45-50-6. Tenure of authority members. -- The members who are first appointed shall
be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years,
respectively. Thereafter, members shall be appointed as aforesaid for a term of office of five (5)
years, except that all vacancies occurring during a term shall be filled for the unexpired term. A
member shall hold office until his or her successor has been appointed and qualified. Provided,
however, that the provisions of this section shall not apply to an authority authorized pursuant to
subsection 45-50-3(c), in which case the public law providing for the exercise of the powers of
the authority by a body corporate and politic shall apply and be considered definitive.
45-50-7. Officers and quorums. -- The authority shall elect one of its members as
chairperson and another as vice chairperson and shall also elect a secretary and a treasurer. Three
(3) members of the authority constitutes a quorum and the vote of three (3) members is necessary
for any action taken by the authority. No vacancy in the membership of the authority shall impair
the right of a quorum to exercise all the rights and perform all the duties of the authority.
Provided, however, that the provisions of this section shall not apply to an authority authorized
pursuant to subsection 45-50-3(c), in which case the public law providing for the exercise of the
powers of the authority by a body corporate and politic shall apply and be considered definitive.
SECTION 6. Construction of act. This act, being necessary for the orderly development
of the State and the City, shall be liberally construed to effect the purposes hereof.
SECTION 7. Severability. This act shall be construed in all respects to meet all
constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall
be taken which are necessary to meet constitutional or other legal requirements whether or not
these steps are expressly required by statute. If, after the application of the provisions of this
section, any of the provisions of this act, or its application to any circumstances, shall be held
unconstitutional by any court of competent jurisdiction, that decision shall not affect or impair the
validity of the application of those provisions to other circumstances or the validity of any of the
other provisions of this act.
SECTION 8. This act shall take effect upon passage.