Chapter 094

2012 -- S 2721 SUBSTITUTE A AS AMENDED

Enacted 05/22/12

 

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

 

It is enacted by the General Assembly as follows:

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

administration and as to form by the attorney general.

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

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

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

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

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

committee.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01523/SUB A

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