Chapter 490

2013 -- H 6071 SUBSTITUTE A

Enacted 07/16/13

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND COMMERCE CORPORATION

          

     Introduced By: Representatives Ucci, Craven, Canario, O'Brien, and Azzinaro

     Date Introduced: May 01, 2013

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. Legislative findings. - The general assembly hereby finds and declares the

following:

 

     (1) While institutions and methods which have been employed by the state in the past to

create and foster economic development have experienced some degree of success, a new and

revised approach led by the creation of new entities will provide greater state oversight and

governance and will promote a more dramatic and sustained long-term growth for the state.

     (2) The creation of a Rhode Island commerce corporation will provide increased state

oversight and governance, while still allowing for the existence of a separate Rhode Island

commerce corporation that will have the flexibility to address, adapt, and adjust to changing

economic conditions. This will also create an increased level of transparency and accountability

to the state.

     (3) That the geographic size and population of Rhode Island, while often derided as an

impediment to economic growth, are potential assets, not a handicap, to economic development,

in that they can lead to a more unified branding approach to marketing the state, its people, its

businesses, and its products, and that these assets have not been utilized to their fullest potential

by previous business models employed by the state.

     (4) That the above reflects a shift in business cultivation in the state, and such shift can

best be accomplished through new leadership provided through new entities that seek to foster

and develop a public-private sector partnership that takes advantage of Rhode Island's strengths.

     (5) That a key element to long-term growth is long-term planning with specific,

measurable goals and accountability for such goals. As such, a key component of this plan shall

be to require the use of four (4) year plans or periods to measure economic growth and

development, with evaluation on an annual basis and significant re-evaluation on a four (4) year

basis.

     (6) That another key component to such growth is the appointment of a secretary of

commerce to lead this new economic initiative and coordinate the new entities to be created.

     (7) To such ends, the general assembly shall create a new "Rhode Island commerce

corporation," a new Rhode Island state economic development planning council, and an

"executive office of commerce" to be led by a new appointed state officer to be known as the

"secretary of commerce."

 

     SECTION 2. The title of Chapter 42-64 of the General Laws entitled "Rhode Island

Economic Development Corporation" is hereby amended to read as follows:

 

CHAPTER 42-64

Rhode Island Economic Development Commerce Corporation

 

CHAPTER

42-64

RHODE ISLAND COMMERCE CORPORATION

 

     SECTION 3. Sections 42-64-1, 42-64-1.1, 42-64-2, 42-64-3, 42-64-4, 42-64-5, 42-64-6,

42-64-7, 42-64-7.1, 42-64-7.4, 42-64-7.5, 42-64-7.6, 42-64-7.7, 42-64-7.8, 42-64-7.9, 42-64-7.11,

42-64-7.13, 42-64-8, 42-64-8.1, 42-64-9, 42-64-9.1, 42-64-9.2, 42-64-9.4, 42-64-9.5, 42-64-9.6,

42-64-9.7, 42-64-9.9, 42-64-9.10, 42-64-10, 42-64-11, 42-64-12, 42-64-13, 42-64-13.1, 42-64-

13.2, 42-64-14, 42-64-15, 42-64-16, 42-64-17, 42-64-18, 42-64-19, 42-64-20, 42-64-21, 42-64-

22, 42-64-23, 42-64-25, 42-64-26, 42-64-27, 42-64-28, 42-64-29, 42-64-31, and 42-64-34, of the

General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" are

hereby amended to read as follows:

 

     42-64-1. Short title. -- This chapter shall be known as "The Rhode Island economic

development commerce corporation Act".

 

     42-64-1.1. Change of name. -- (a) Whenever in any general or public law, reference is

made to the "department of economic development" or the "Rhode Island port authority and

economic development corporation", the reference shall be deemed to refer to and mean or the

"Rhode Island economic development corporation", which may also be referred to as the

"economic development corporation". , the reference shall be deemed to refer to and mean the

"Rhode Island commerce corporation," which may also be referred to as the "commerce

corporation."

      (b) Whenever in any general or public law, reference is made to the "director of the

department of economic development" or the "executive director of the Rhode Island port

authority and economic development corporation", the reference shall be deemed to refer to and

mean the "executive director of the Rhode Island economic development corporation". Upon the

appointment of a secretary of commerce; whenever in any general or public law, reference is

made to the "director of the department of economic development" or the "executive director of

the Rhode Island port authority and economic development corporation," of the executive director

of the Rhode Island economic development corporation," the reference shall be deemed to refer to

and mean the chief executive officer of the Rhode Island commerce corporation, who shall also

be the secretary of the Rhode Island executive office of commerce.

      (c) Whenever in any general or public law, reference is made to the "economic

development council", the reference shall be deemed to refer to and mean the "board of directors

of the Rhode Island economic development commerce corporation".

     (d) Nothing in this act shall be construed to change or modify any contracts or

agreements of any kind by, for, between, or to which the economic development corporation is a

party. All said contracts and agreements of whatsoever kind are hereby assigned, transferred to,

and assumed by the Rhode Island Commerce Corporation.

 

     42-64-2. Legislative findings. -- (a) It is found and declared that there exists in our state

a condition of substantial and persistent unemployment and underemployment which causes

hardship to many individuals and families, wastes vital human resources, increases the public

assistance burdens of the state, impairs the security of family life, contributes to crime and

delinquency, prevents many of our youths from continuing their education, impedes the economic

and physical development of municipalities and adversely affects the welfare and prosperity of

our state; that many existing industrial, manufacturing, recreational and commercial facilities in

our state are obsolete and inefficient, and dilapidated; that many of these facilities are under-

utilized or in the process of being vacated, creating additional unemployment; that technological

advances and the provision of modern and efficient industrial, manufacturing, recreational and

commercial facilities in other states will speed the obsolescence and abandonment of existing

facilities, causing serious injuries to the economy of our state; that the drastic curtailment of

federal military installations in our state presently being undertaken and the announcement by the

United States government of plans to relocate large numbers of military personnel and their

families presently on duty in this state has and will further result in an additional loss of

employment and aggravate the overall unemployment conditions of the state; that new industrial,

manufacturing, recreational, and commercial facilities are required to attract and house new

industries and thereby reduce the hazards of unemployment; that unaided efforts of private

enterprises have not met and cannot meet the needs of providing those facilities due to problems

encountered in assembling suitable building sites, lack of adequate public service, unavailability

of private capital for development, and the inability of private enterprise alone to plan, finance

and coordinate industrial, recreational, and commercial development; that the economic

insecurity attendant to chronic and new unemployment and the absence of new employment

opportunities constitutes a serious menace for the safety, morals, and general welfare of the

people of our state.

      (b) It is further found and declared that the decision of the United States government to

close certain military facilities located within the state (including those located in the towns of

North Kingstown, Portsmouth, Middletown and Charlestown, and the city of Newport) and to

dispose of the property comprising those facilities will, because many residents of the state were

employed by the United States government at those facilities, aggravate the condition of

employment and underemployment mentioned above. The United States government is

authorized and intends to make available to the state or to an instrumentality thereof, the property

to be disposed of and by virtue of the provisions of Public Laws 1939, chapter 696, certain land in

the town of North Kingstown shall revert to the state upon the abandonment by the United States

government of the naval base located there. With comprehensive planning and adequate

financing, the property can be converted to industrial, manufacturing, recreational, and

commercial uses which will promote a healthy and growing economy, thereby encouraging new

industries and commercial enterprises to locate in the state, enabling existing industries and

commercial enterprises to remain and expand, and alleviating the condition of unemployment and

underemployment that now exists.

      (c) It is further found and declared that notwithstanding the decision of the United States

government to dispose of the property mentioned above, there will continue to be a shortage of

property in the state for industrial, manufacturing, recreational, and commercial development.

The expansion of the economy, while increasing the need for that property, will continually

diminish the supply of that property. Private enterprise has encountered difficulty in providing

new industrial, manufacturing, recreational, and commercial facilities in economically strategic

areas of the state, because of the problems in assembling tracts of property suitable for those

purposes and the cost of providing adequate public services to serve the development.

      (d) It is further found and declared that the acquisition and development of property for

industrial, manufacturing, recreational, and commercial purposes (including the property to be

disposed of by the United States government and that land reverting to the state pursuant to the

provisions of Public Laws 1939, chapter 696) and the disposition thereof, must be undertaken on

a comprehensive statewide basis so as to assure that new industrial, manufacturing, recreational,

and commercial sites are adequately served by appropriate transportation facilities and public

services and that those sites are located in any manner as to provide for the orderly economic

growth and development of the state, while at the same time conserving the environment. Local

planning and development agencies and institutions are insufficient to provide for that

comprehensive statewide planning and development.

      (e) It is further found and declared that the appropriate development of the property to be

disposed of by the United States government and that land reverting to the state pursuant to

Public Laws 1939, chapter 696 will require development not only for industrial and commercial

purposes but also for transportation, residential, recreational, utility, institutional, civic, and

community purposes.

      (f) It is further found and declared that there exists in the state blighted or substandard

areas, or areas which are becoming blighted and substandard, including obsolete and dilapidated

buildings and structures, defective construction, outmoded and obsolete design, lack of proper

sanitary facilities, or adequate fire and safety protection, excessive land coverage, insufficient

light and ventilation, illegal uses and conversions, inadequate maintenance, buildings abandoned

or not utilized in whole or in part, obsolete systems of utilities, poorly or improperly designed

street patterns and intersections, inadequate access to areas, inadequate transportation facilities,

all of which hamper or impede proper and economic growth of the area as well as the state as a

whole.

      (g) It is further found and declared to be the public policy of the state to encourage the

expansion and development of the state's harbors and ports; to foster and improve the handling of

waterborne commerce from and to any port of this state and other states and foreign counties; to

seek to effect consolidation of the ports of this state and to promote a spirit of cooperation among

these ports in the interest of the state as a whole; to initiate and further plan for the development

of the ports of this state and to keep informed as to the present and future requirements and needs

of the ports of this state; also to furnish proper and adequate airport facilities within this state and

to encourage the integration of these facilities so far as practicable.

      (h) In the furtherance of these goals, it is the policy of the state to retain existing

industries and to induce, encourage, and attract new industries through the acquisition,

construction, reconstruction, and rehabilitation of industrial, manufacturing, recreational, and

commercial facilities, as well as transportation, residential, environmental, utility, public service,

institutional, and civic and community facilities, and to develop sites for those facilities.

      (i) It is declared to be the policy of the state to promote a vigorous and growing

economy, to prevent economic stagnation, and to encourage the creation of new job opportunities

in order to ameliorate the hazards of unemployment and underemployment, reduce the level of

public assistance, increase revenues to the state and its municipalities, and to achieve a stable

diversified economy.

      (j) The purpose of this chapter is to create the Rhode Island economic development

commerce corporation having an existence separate and apart from the state, with the power and

authority to acquire and develop property within the state and to provide financing for the

purposes set forth above in this chapter.

 

     42-64-3. Definitions. -- As used in this chapter, the following words and terms shall have

the following meanings, unless the context indicates another or different meaning or intent:

      (1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty

specified in section 42-64-9.2 of this chapter.

      (2) "Airport facility" means developments consisting of runways, hangars, control

towers, ramps, wharves, bulkheads, buildings, structures, parking areas, improvements, facilities,

or other real or personal property necessary, convenient, or desirable for the landing, taking off,

accommodation, and servicing of aircraft of all types, operated by carriers engaged in the

transportation of passengers or cargo, or for the loading, unloading, interchange, or transfer of the

passengers or their baggage, or the cargo, or otherwise for the accommodation, use or

convenience of the passengers or the carriers or their employees (including related facilities and

accommodations at sites removed from landing fields and other landing areas), or for the landing,

taking off, accommodation, and servicing of aircraft owned or operated by persons other than

carriers. It also means facilities providing access to an airport facility, consisting of rail, rapid

transit, or other forms of mass transportation which furnish a connection between the air terminal

and other points within the state, including appropriate mass transportation terminal facilities at

and within the air terminal itself and suitable offsite facilities for the accommodation of air

passengers, baggage, mail, express, freight, and other users of the connecting facility.

      (3) "BOCA code" means the BOCA basic building code published by building officials

& code administrators international, inc., as the code may from time to time be promulgated by

the building officials & code administrators international, inc.

      (4) "Bonds" and "notes" means the bonds, notes, securities, or other obligations or

evidences of indebtedness issued by the corporation pursuant to this chapter, all of which shall be

issued under the name of and known as obligations of the "Rhode Island economic development

commerce corporation."

      (5) "Civic facility" means any real or personal property designed and intended for the

purpose of providing facilities for educational, cultural, community, or other civic purposes.

      (6) "Compliance schedule" means a schedule of remedial measures including an

enforceable sequence of actions or operations leading to compliance with an effluent limitation or

any other limitation, prohibition or standard.

      (7) "Corporation," "port authority", or "authority" means the governmental agency and

public instrumentality, formerly known as the "Rhode Island port authority and economic

development corporation" and/or renamed also formerly known as the "Rhode Island economic

development corporation," and now known as the Rhode Island commerce corporation

authorized, created, and established pursuant to section 42-64-4, or any subsidiary corporation

thereof which is established pursuant to section 42-64-7.1.

      (8) "Director" means the executive director of the economic development corporation

until such time that the secretary of commerce is appointed. Upon the appointment of a secretary

of commerce, "Director" means the chief executive officer of the Rhode Island commerce

corporation, who shall also be the secretary of the Rhode Island executive office of commerce.

     (9) "Federal land" means real property within the state, now acquired or hereafter

acquired by the Rhode Island economic development commerce corporation which was formerly

owned by the United States government, or any agency or instrumentality thereof, including

without limiting the generality of the foregoing, any and all real property now or formerly owned

or used by the United States government in the towns of North Kingstown, Portsmouth,

Middletown, and Charlestown and the city of Newport as military installations or for other

purposes related to the national defense. Without limiting the generality of the foregoing, federal

land shall also mean and include certain land in the town of North Kingstown, or any portion

thereof, which has or shall revert to the state pursuant to the provisions of Public Laws 1939,

chapter 696 and is now or hereafter acquired by the corporation from the state.

      (10) "Industrial facility" means any real or personal property, the demolition, removal,

relocation, acquisition, expansion, modification, alteration, or improvement of existing buildings,

structures, or facilities, the construction of new buildings, structures, or facilities, the

replacement, acquisition, modification, or renovation of existing machinery and equipment, or the

acquisition of new machinery and equipment, or any combination of the United States, which

shall be suitable for manufacturing, research, production, processing, agriculture, and marine

commerce, or warehousing; or convention centers, trade centers, exhibition centers, or offices

(including offices for the government of the United States or any agency, department, board,

bureau, corporation, or other instrumentality of the United States, or for the state or any state

agency, or for any municipality); or facilities for other industrial, commercial or business

purposes of every type and description; and facilities appurtenant or incidental to the foregoing,

including headquarters or office facilities, whether or not at the location of the remainder of the

facility, warehouses, distribution centers, access roads, sidewalks, utilities, railway sidings,

trucking, and similar facilities, parking areas, waterways, dockage, wharfage, and other

improvements necessary or convenient for the construction, development, maintenance, and

operation of those facilities.

      (11) "Local governing body" means any town or city council, commission, or other

elective governing body now or hereafter vested by state statute, charter, or other law, with

jurisdiction to initiate and adopt local ordinances, whether or not these local ordinances require

the approval of the elected or appointed chief executive officer or other official or body to

become effective.

      (12) "Local redevelopment corporation" means any agency or corporation created and

existing pursuant to the provisions of chapter 31 of title 45.

      (13) "Municipality" means any city or town within the state now existing or hereafter

created, or any state agency.

      (14) "Parent corporation" means, when used in connection with a subsidiary corporation

established pursuant to section 42-64-7.1, the governmental agency and public instrumentality

created and established pursuant to section 42-64-4.

      (15) "Personal property" means all tangible personal property, new or used, including,

without limiting the generality of the foregoing, all machinery, equipment, transportation

equipment, ships, aircraft, railroad rolling stock, locomotives, pipelines, and all other things and

rights usually included within that term. "Personal property" also means and includes any and all

interests in the property which are less than full title, such as leasehold interests, security

interests, and every other interest or right, legal or equitable.

      (16) "Pollutant" means any material or effluent which may alter the chemical, physical,

biological or radiological characteristics or integrity of water, including but not limited to,

dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions,

chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded

equipment, cellar dirt, or industrial, municipal, agricultural or other waste petroleum or petroleum

products, including, but not limited to, oil.

      (17) "Pollution" means the discharge of any gaseous, liquid, or solid substance or

combination thereof (including noise) into the air, water, or land which affects the physical,

chemical, or biological properties (including temperature) of the air, water, or land in a manner or

to an extent which renders or is likely to render the air, water, or land harmful or inimical to the

public health, safety, or welfare, or to animal, bird, or aquatic life, or to the use of the air or water

for domestic, industrial, or agricultural purposes or recreation including the man-made or man-

induced alteration of the chemical, physical, biological or radiological integrity of water.

      (18) "Pollution control facility" means any land or interest in land, the demolition,

removal, relocation, acquisition, expansion, modification, alteration, or improvement of existing

buildings, structures, or facilities, the construction of new buildings, structures, or facilities, the

replacement, modification, or renovation of existing machinery and equipment, or the acquisition

of new machinery and equipment, or any combination thereof, having to do with or the purpose

of which is the abatement, control, or prevention of pollution, including industrial pollution, and

all real and personal property incidental to that facility.

      (19) "Port facility" means harbors, ports, and all real and personal property used in

connection therewith, including, but not limited to, waterways, channels, wharves, docks, yards,

bulkheads, slips, basins, pipelines, ships, boats, railroads, trucks, and other motor vehicles,

aircraft, parking areas, shipyards, piers, quays, elevators, compressors, loading and unloading

facilities, storage facilities, and warehouses of every type, buildings and facilities used in the

manufacturing, processing, assembling, storing, or handling of any produce or products, other

structures and facilities necessary for the convenient use of the harbors and seaports, including

dredged approaches, railways, railroad terminals, side tracks, airports, roads, highways, tunnels,

viaducts, bridges, and other approaches, useful in connection therewith, and any other shipping or

transportation facility useful in the operation of a port or harbor.

      (20) "Project" or "port project" means the acquisition, ownership, operation,

construction, reconstruction, rehabilitation, improvement, development, sale, lease, or other

disposition of, or the provision of financing for, any real or personal property (by whomever

owned) or any interests in real or personal property, including without limiting the generality of

the foregoing, any port facility, recreational facility, industrial facility, airport facility, pollution

control facility, utility facility, solid waste disposal facility, civic facility, residential facility,

water supply facility, energy facility or renewable energy facility, or any other facility, or any

combination of two (2) or more of the foregoing, or any other activity undertaken by the

corporation.

      (21) "Project cost" means the sum total of all costs incurred by the Rhode Island

economic development commerce corporation in carrying out all works and undertakings, which

the corporation deems reasonable and necessary for the development of a project. These shall

include, but are not necessarily limited to, the costs of all necessary studies, surveys, plans, and

specifications, architectural, engineering, or other special services, acquisition of land and any

buildings on the land, site preparation and development, construction, reconstruction,

rehabilitation, improvement, and the acquisition of any machinery and equipment or other

personal property as may be deemed necessary in connection with the project (other than raw

materials, work in process, or stock in trade); the necessary expenses incurred in connection with

the initial occupancy of the project; an allocable portion of the administrative and operating

expenses of the corporation; the cost of financing the project, including interest on all bonds and

notes issued by the corporation to finance the project from the date thereof to one year from the

date when the corporation shall deem the project substantially occupied; and the cost of those

other items, including any indemnity or surety bonds and premiums on insurance, legal fees, real

estate brokers and agent fees, fees and expenses of trustees, depositories, and paying agent for

bonds and notes issued by the Rhode Island economic development commerce corporation,

including reimbursement to any project user for any expenditures as may be allowed by the

corporation (as would be costs of the project under this section had they been made directly by

the corporation), and relocation costs, all as the corporation shall deem necessary.

      (22) "Project user" means the person, company, corporation, partnership, or commercial

entity, municipality, state, or United States of America who shall be the user of, or beneficiary of,

a port project.

      (23) "Real property" means lands, structures (new or used), franchises, and interests in

land, including lands under water, and riparian rights, space rights, and air rights, and all other

things and rights usually included within the term. "Real property" shall also mean and include

any and all interests in that property less than fee simple, such as easements, incorporeal

hereditaments, and every estate, interest or right, legal or equitable, including terms for years and

liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages to

that real property.

      (24) "Recreational facility" means any building, development, or improvement, provided

that building, facility, development, or improvement is designed in whole or in part to attract

tourists to the state or to provide essential overnight accommodations to transients visiting this

state, including, without limiting in any way the generality of the foregoing, marinas, beaches,

bathing facilities, ski facilities, convention facilities, hotels, motels, golf courses, camp grounds,

arenas, theatres, lodges, guest cottages, and all types of real or personal property related thereto as

may be determined from time to time by the corporation.

      (25) "Revenues" means: (i) with respect to any project, the rents, fees, tolls, charges,

installment payments, repayments, and other income or profit derived from a project or a

combination of projects pursuant to any lease, conditional sales contract, installment sales

contract, loan agreement, or other contract or agreement, or any combination thereof, and (ii) any

receipts, fees, payments, moneys, revenues or other payments received or to be received by the

corporation in the exercise of its corporate powers under this chapter, including, without

limitation, loan repayments, grants, aid, appropriations and other assistance for the state, the

United States or any corporation, department or instrumentality of either or of a political

subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves

and other funds and accounts established by or pursuant to this chapter or in connection with the

issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or

amounts received or receivable by the corporation.

      (26) "Rule or regulation" means any directive promulgated by the Rhode Island

economic development commerce corporation not inconsistent with the laws of the United States

or the state, for the improvement of navigation and commerce or other project purposes and shall

include, but not be limited to, charges, tolls, rates, rentals, and security provisions fixed or

established by the corporation.

      (27) "Sewage" shall be construed to mean the same as "pollutant" as defined in section

42-64-3(o) above.

      (28) "Sewage treatment facility" means the sewage treatment plant, structure, combined

sewer overflows, equipment, interceptors, mains, pumping stations and other property, real,

personal or mixed, for the treatment, storage, collection, transporting or disposal of sewage, or

any property or system to be used in whole or in part for any of the aforesaid purposes located or

operated within the boundaries of the Quonset Point/Davisville Industrial Park, or utilized by the

corporation for the transport, collection, treatment, storage or disposal of waste.

      (29) "Solid waste" means garbage, refuse, and other discarded materials, including, but

not limited to, solid waste materials resulting from industrial, recreational, utility, and commercial

enterprises, hotels, apartments, or any other public building or private building, or agricultural, or

residential activities.

      (30) "Solid waste disposal facility" means any real or personal property, related to or

incidental to any project, which is designed or intended or designated for the purpose of treating,

compacting, composting, or disposing of solid waste materials, including treatment, compacting,

composting, or disposal plants, site and equipment furnishings thereof, and their appurtenances.

      (31) "Source" means any building, structure, facility or installation from which there is

or may be the discharge of sewage.

      (32) "State" means the state of Rhode Island and Providence Plantations.

      (33) "State agency" means any office, department, board, commission, bureau, division,

authority, or public corporation, agency or instrumentality of the state.

      (34) "State guide plan" means the plan adopted pursuant to section 42-11-10, which

establishes the statewide planning program.

      (35) "Utility facility" means any real or personal property designed, intended or utilized

for generating, manufacturing, producing, storing, transmitting, distributing, delivering, or

furnishing natural or manufactured gas, steam, electrical, or nuclear energy, heat, light, or power

directly or indirectly to or for any project, project user, or for the public, the collection and

disposal of storm and sanitary sewage; any railroads necessary or desirable for the free flow of

commerce to and from projects; any roads, highways, bridges, tunnels, viaducts, or other

crossings necessary or desirable for the free flow of commerce to and from projects, and any

public transportation systems or facilities, including, but not limited to, bus, truck, ferry, and

railroad terminals, depots, tracked vehicles, and other rolling stock and ferries; and any

appurtenances, equipment, and machinery or other personal property necessary or desirable for

the utilization thereof.

      (36) "Water supply facility" means any real or personal property, or any combination

thereof, related to or incidental to any project, designed, intended, or utilized for the furnishing of

water for domestic, industrial, irrigation, or other purposes and including artesian wells,

reservoirs, dams, related equipment, and pipelines, and other facilities.

      (37) "Renewable energy facility" means any real or personal property, or any

combination thereof, related to, or incidental to, any project, designed, intended, or utilized for an

eligible renewable energy resource that meets the criteria set forth in subsections 39-26-5(a) and

39-26-5(c).

 

     42-64-4. Creation. -- (a) There is authorized, created, and established a public

corporation of the state having a distinct legal existence from the state and not constituting a

department of state government, which is a governmental agency and public instrumentality of

the state, to be known as the "Rhode Island economic development commerce corporation", and

which may be referred to as the "economic development commerce corporation", with those

powers that are set forth in this chapter, for the purposes of acquiring and developing real and

personal property, and providing financing to others as set forth in this chapter, providing and

promoting and encouraging the preservation, expansion and sound development of new and

existing industry, business, commerce, agriculture, tourism, recreational, and renewable energy

facilities, promoting thereby the economic development of the state and the general welfare of its

citizens.

      (b) The exercise by the corporation of the powers conferred by this chapter shall be

deemed and held to be the performance of an essential governmental function of the state for

public purposes. It is the intent of the general assembly by the passage of this chapter to vest in

the corporation 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.

      (c) The corporation and its corporate existence shall continue until terminated by law or

until the corporation shall cease entirely and continuously to conduct or be involved in any

business whatsoever in furtherance of its purposes; provided, that no termination shall take effect,

so long as the corporation shall have bonds, notes, or other obligations outstanding, unless

adequate provision shall have been made for the payment thereof pursuant to the documents

securing the obligations or to the terminating law. Upon termination of the existence of the

corporation, all of its rights and properties shall pass to and be vested in the state. At no time shall

the assets or other property of the corporation inure to the benefit of any person or other

corporation or entity.

 

     42-64-5. Purposes. -- The Rhode Island economic development commerce corporation is

authorized, created, and established to be an agency under the jurisdiction of the state's lead

agency for economic development, the executive office of commerce, and to be the operating

agency of the state to carry out the policies and procedure as established by the secretary,

governor and the board of directors as the state's lead agency for economic development

throughout Rhode Island for the following purposes:

      (1) To promote and encourage the preservation, expansion, and sound development of

new and existing industry, business, commerce, agriculture, tourism, and recreational facilities in

the state, which will promote the economic development of the state and the general welfare of its

citizens; and

      (2) With respect to real property other than federal land or land related to federal land, to

undertake any project, except a residential facility; and

      (3) With respect to federal land or land related to federal land, to undertake any project,

except as those responsibilities are assigned to the Quonset Development Corporation. ; and

     (4) To create an organization that is responsive to the needs and interests of businesses of

all sizes within the state of Rhode Island and to be structured to be customer centric to enhance

commerce in the state utilizing all available resources.

 

     42-64-6. General powers. -- (a) Except to the extent inconsistent with any specific

provision of this chapter, the Rhode Island economic development commerce Corporation shall

have the power:

      (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,

wherever situated.

      (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 corporation shall determine.

      (5) To make contracts and guarantees and incur liabilities, borrow money at any rates of

interest as the corporation 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 corporation 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

corporation shall determine.

      (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 corporation, and define their duties

and fix their compensation.

      (11) To make and alter by-laws, not inconsistent with this chapter, for the administration

and regulation of the affairs of the corporation, and those by-laws may contain provisions

indemnifying any person who is or was a director, officer, employee, or agent of the corporation,

or is or was serving at the request of the corporation as a director, officer, employee, or agent of

another corporation, partnership, joint venture, trust, or other enterprise, in the manner and to the

extent provided in section 7-1.2-814 of the business corporation act.

      (12) To be a promoter, partner, member, associate, or manager of any partnership,

enterprise, or venture.

      (13) To have and exercise all powers necessary or convenient to effect its purposes;

provided, however, that the corporation 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 general assembly.

      (b) 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: (1) two (2) members who shall be appointed by the town council

of the town of North Kingstown; (2) two (2) members who shall be residents of the town of North

Kingstown appointed by the governor; (3) four (4) members who shall be appointed by the

governor; (4) the chairperson, who shall be: (i) the executive director of the Rhode Island

economic development corporation until such time that the secretary of commerce is appointed;

(ii) Upon the appointment of a secretary of commerce, the chief executive officer of the Rhode

Island commerce corporation, and who also shall be the secretary of the Rhode Island executive

office of commerce; and (5) 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.

      The approval and authorization provided herein shall terminate upon the establishment

of the Quonset Development Corporation as provided for in chapter 64.10 of this title.

 

     42-64-7. Additional general powers. -- In addition to the powers enumerated in section

42-64-6, except to the extent inconsistent with any specific provision of this chapter, the Rhode

Island economic development commerce corporation shall have power:

      (1) To undertake the planning, development, construction, financing, management,

operation of any project, and all activities in relation thereto.

      (2) (i) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber

any port project, (or in the case of a sale, to accept a purchase money mortgage in connection

with any port project) or to grant options for any purposes with respect to any real or personal

property or interest in real or personal property, all of the foregoing for consideration as the

corporation shall determine. Any lease by the corporation to another party may be for any part of

the corporation's property, real or personal, for any period, upon any terms or conditions, with or

without an option on the part of the lessee to purchase any or all of the leased property for any

consideration, at or after the retirement of all indebtedness incurred by the corporation on account

thereof, as the corporation shall determine.

      (ii) Without limiting the generality of the foregoing, the corporation is expressly

empowered to lease or sell any part of the real or personal property owned or controlled by the

corporation to the state, or any department of the state or to any municipality. The provisions of

this section or of any other laws of this state (other than this chapter) restricting the power of the

state, its departments or any municipality, to lease or sell property, or requiring or prescribing

publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of

lease or sale, that would in any manner interfere with the purpose of this section, which is to

provide for the mutual cooperation by and between the corporation and the state, its departments

or any municipality, to the fullest extent possible, are not applicable to leases and sales made

pursuant to this section.

      (3) To prepare or cause to be prepared plans, specifications, designs, and estimates of

costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any

project, and from time to time to modify those plans, specifications, designs, or estimates.

      (4) To manage any project, whether then owned or leased by the corporation, and to

enter into agreements with the state or any municipality or any agency or their instrumentalities,

or with any person, firm, partnership, or corporation, either public or private, for the purpose of

causing any project to be managed.

      (5) To provide advisory, consultative, training, and educational services, technical

assistance, and advice to any person, firm, partnership, or corporation, whether it is public or

private, in order to carry out the purposes of this chapter.

      (6) Subject to the provisions of any contract with note holders or bond holders to consent

to the modification, with respect to rate of interest, time of payments of any installment of

principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan

commitment, contract, or agreement of any kind to which the corporation is a party.

      (7) In connection with any property on which it has made a mortgage loan, to foreclose

on that property or commence an action to protect or enforce any right conferred upon it by law,

mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure

or any other sale, or to acquire or take possession of the property; and in that event the

corporation may complete, administer, pay the principal of, or interest on any obligations incurred

in connection with the property, dispose of, and otherwise deal with the property in a manner as

may be necessary or desirable to protect the interest of the corporation therein.

      (8) As security for the payment of principal and interest on any bonds or notes or any

agreements made in connection therewith, to mortgage and pledge any or all of its projects and

property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from

all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other

agreements on any portion or all of its projects and property and to assign or pledge the income

received by virtue of the lease, sales contracts, loan agreements or other agreements.

      (9) To invest any funds of the corporation, including funds held in reserve or sinking

funds, or any moneys not required for immediate use or disbursement at the discretion of the

corporation, in: (i) obligations of the state or the United States, (ii) obligations of the principal

and interest of which are guaranteed by the state or the United States, (iii) obligations of agencies

and instrumentalities of the state or the United States, or (iv) certificates of deposits of banks and

trust companies or shares of building loan associations organized under the laws of the state or

doing business in the state or (v) any obligations, securities, and other investments as shall be

specified in resolutions of the corporation.

      (10) To engage the services of consultants on a contract basis for rendering professional

and technical assistance and advice, and to employ architects, engineers, attorneys, accountants,

construction, and financial experts and any other advisors, consultants, and agents as may be

necessary in his or her judgment, and to fix their compensation.

      (11) To contract for and to accept any gifts or grants or loans or funds or property or

financial or other assistance in any form from the United States or any agency or instrumentality

of the United States or from the state or any agency or instrumentality of the state or from any

other source and to comply, subject to the provisions of this chapter, with the terms and

conditions of this contract.

      (12) To enter into agreements with any municipality or political subdivision, either

directly or on behalf of any other party which holds legal title to all or any portion of a project as

the lessee from the corporation designated pursuant to section 42-64-20(c), providing that the

corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political

subdivision of the state in respect to any real or personal property which is owned by the

corporation or the lessee and is located in the municipality or political subdivision.

      (13) To borrow money and to issue negotiable bonds and notes, and to provide for the

rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any

part of the cost of any port project or for the purpose of refunding any of these bonds issued.

      (14) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve,

rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of

the costs of these bonds and notes from the proceeds of bonds of the corporation or from any

contribution, gift, or donation or other funds made available to the corporation for those purposes.

      (15) To fix, charge and collect rents, fees, tolls, and charges for the use of any port

project and to alter and investigate rates, and practices of charging, which affect port projects so

as to increase commerce in the state.

      (16) To prescribe rules and regulations deemed necessary or desirable to carry out the

purposes of this chapter including rules and regulations to insure maximum use and proper

operation of port projects.

      (17) To establish penalties for violations of any order, rule, or regulation of the

corporation, and a method of enforcing these penalties.

      (18) To develop, maintain, and operate foreign trade zones under those terms and

conditions that may be prescribed by law.

      (19) To impose administrative penalties in accordance with the provisions of section 42-

64-9.2.

      (20) To make assessments and impose reasonable and just user charges, and to pay for

those expenses that may be required by law or as may be determined by the corporation to be

necessary for the maintenance and operation of the sewage treatment facility.

      (21) To establish a sewage pretreatment program, and to require as a condition to the

grant or re-issuance of any approval, license, or permit required under the program that the person

applying for the approval, license or permit, pay to the corporation a reasonable fee based on the

cost of reviewing and acting upon the application and based on the costs of implementing the

program. In addition, where a violation of any of the provisions of this title or any permit, rule,

regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the

corporation for the actual costs of implementing and enforcing the terms of the permit, rule,

regulation or order as a condition to the grant or re-issuance of any approval.

      (22) To assist urban communities revitalize their local economics.

      (23) To provide assistance to minority businesses and to neighborhoods where there is

insufficient economic and business investment.

      (24) To support and assist entrepreneurial activity by minorities and by low and

moderate income persons.

      (25) To issue bonds and notes of the type and for those projects and for those purposes

specified in any Joint Resolution of the General Assembly adopted by the Rhode Island house of

representatives and the Rhode Island senate; pursuant to section 18 of title 35 of the general laws

entitled "the Rhode Island Public Corporation Debt Management Act"; and to make such

determinations, enter into such agreements, to deliver such instruments and to take such other

actions as it shall deem necessary or desirable to effectuate the financing of such projects.

 

     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) (i) 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: (A) two (2) members who shall be appointed by the town council

of the town of North Kingstown; (B) two (2) members who shall be residents of the town of

North Kingstown appointed by the governor; (C) four (4) members who shall be appointed by the

governor; (D) the chairperson, who shall be: (i) the executive director of the Rhode Island

economic development corporation until such time that the secretary of commerce is appointed;

(ii) Upon the appointment of a secretary of commerce, the chief executive officer of the Rhode

Island commerce corporation, who also shall be the secretary of the Rhode Island executive office

of commerce; and (E) non-voting members, who shall include the members of the general

assembly whose districts are comprised in any part by areas located within the town of North

Kingstown and one non-voting member who shall be a resident of the town of Jamestown,

appointed by the town council of the town of Jamestown. 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 1.2 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.

      (ii) The approval and authorization provided herein shall terminate upon the

establishment of the Quonset Development Corporation as provided for in chapter 64.10 of this

title.

      (iii) The Quonset Development Corporation shall be deemed a subsidiary of the Rhode

Island economic development commerce corporation:

      (A) As set forth in section 42-64.10-6(c); and

      (B) Insofar as it exercises any powers and duties delegated to it by the corporation

pursuant to this chapter for any project other than on real and personal property owned, leased or

under the control of the corporation located in the town of North Kingstown, and the corporation

shall be deemed to have authority to delegate any of its powers, with the exception of the power

to issue any form of negotiable bonds or notes and the power of eminent domain, in order to

accomplish the purposes of chapter 64.10 of this title; provided, however, that the corporation

may, as provided for in this chapter, issue bonds or exercise the power of eminent domain on

behalf of the Quonset Development Corporation or to undertake a project of the Quonset

Development Corporation.

      (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 section 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 section 42-64-9, nor shall it have the powers

contained in, or otherwise be subject to, the provisions of section 42-64-12 and section 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 section 42-64-

8(a), (c), and (d), except as otherwise provided in the articles of incorporation of the subsidiary

corporation.

      (d) The Rhode Island economic development commerce 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

Rhode Island economic development commerce 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 Rhode Island economic

development commerce corporation for the purposes of exercising such powers of the corporation

as the board of directors shall determine, and notwithstanding the requirements of subsection (b),

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.

      (f) The parent corporation is hereby authorized and empowered to create a subsidiary

corporation for the expressed purpose to issue bonds and notes of the type and for those projects

and purposes specified in the Joint Resolution and Act of the general assembly adopted by the

Rhode Island house of representatives and the Rhode Island senate.

      (g) The I-195 redevelopment district shall be a subsidiary of the Rhode Island economic

development commerce corporation for the purposes of exercising such powers of the corporation

as the board of directors shall determine, and notwithstanding the requirements of subsection (b),

the chapter 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.

      (h) The Rhode Island airport corporation -- appointment of directors:

      The board of directors of the Rhode Island airport corporation shall consist of seven (7)

members: The board of directors shall have extensive experience in the fields of finance,

business, construction and/or organized labor.

      The governor of the State of Rhode Island shall appoint, with the advice and consent of

the senate when nominated to serve, the seven (7) members of the board of directors. One director

shall be appointed for a term of one year; two (2) directors shall be appointed for a term of two

(2) years; three (3) directors shall be appointed for a term of three (3) years; and one director shall

be appointed for a term of four (4) years. Appointments made thereafter shall be for four (4) year

terms.

      Any vacancy occurring in the board of directors shall be filled by the governor of the

State of Rhode Island in the same manner prescribed for the original appointments.

      A director appointed to fill a vacancy of a director appointed by the governor of the State

of Rhode Island shall be appointed for the unexpired portion of the term of office of the director

whose vacancy is to be filled.

      All members of the board of directors of the Rhode Island airport corporation shall serve

without compensation.

 

     42-64-7.4. Water supply facilities. -- (a) The Rhode Island economic development

commerce corporation is authorized and empowered to acquire and construct water supply

facilities; to maintain, repair, and operate those facilities; and to issue revenue bonds of the

corporation payable solely from revenues derived from the leasing of those water supply facilities

to finance them. Development of these projects may be initiated by the corporation upon request

of a municipality or municipalities seeking to undertake the project either singly or jointly.

      (b) Without limiting the generality of the foregoing, the corporation is expressly

empowered to lease or sell water supply facilities or any part of those facilities to any

municipality. A lease by the corporation to any municipality may be for any period, upon any

terms and conditions, with or without an option to purchase, as the corporation may determine.

      (c) The provisions of any other laws or ordinances, general, special, or local, or of any

rule or regulation of the state or any municipality, restricting or regulating in any manner the

power of any municipality to lease, as lessee or lessor, or sell property real, personal, or mixed,

shall not apply to leases and sales made with authority pursuant to this section; and insofar as the

provisions of this section are inconsistent with the other laws of this state, general, special, or

local, restricting the power of any municipality to enter into a lease or to sell property, the

provisions of this section shall be controlling.

      (d) Any municipality, notwithstanding any contrary provision of law, is authorized and

empowered to lease, lend, grant, or convey to the corporation, at its request upon those terms and

conditions that the proper authorities of a municipality may deem reasonable and fair and without

the necessity for any advertisement, order of court, or other action or formality, other than the

regular and formal action of the authorities concerned, any real property or personal property

which may be necessary or convenient to effectuation of the authorized purposes of the

corporation including real property already devoted to public use; and subject to the aforesaid, the

state consents to the use of all lands owned by it, including land lying under water, and which are

deemed by the corporation to be necessary for the construction or operation of any water supply

facilities.

 

     42-64-7.5. Transfer of functions from the department of economic development

Transfer of functions from the economic development corporation. -- (a) Effective January 1,

2014, all All functions formerly administered by the department of Rhode Island economic

development corporation are hereby transferred to the Rhode Island economic development

commerce corporation. Also effective January 1, 2014, the commerce corporation shall assume

all rights, duties, liabilities, and obligations of the former economic development corporation, and

the commerce corporation shall be considered to be the successor-in-interest to the economic

development corporation.

      (b) In addition to any of its other powers and responsibilities, the Rhode Island economic

development commerce corporation is authorized and empowered to accept any grants made

available by the United States government or any agency of the United States government, and

the corporation, with the approval of the governor, is authorized and empowered to perform any

acts and enter into all necessary contracts and agreements with the United States or any agency of

the United States as may be necessary in any manner and degree that shall be deemed to be in the

best interests of the state. The proceeds of any grants received shall be paid to the general

treasurer of the state and deposited in a separate fund to be used solely for the purposes of the

grant or grants.

 

     42-64-7.6. Transfer of functions from the governor's office of intergovernmental

relations. -- (a) All functions formerly administered by the governor's office of

intergovernmental relations in the executive department relating to community development

block grants are hereby transferred to the department of administration, division of planning.

      (b) In addition to any of its other powers and responsibilities, the Rhode Island economic

development commerce corporation is authorized and empowered to accept any grants made

available by the United States government or any agency of the United States government, and

the corporation, with the approval of the governor, is authorized and empowered to perform any

acts and enter into all necessary contracts and agreements with the United States or any agency of

the United States as may be necessary in any manner and degree that shall be deemed to be in the

best interest of the state. The proceeds of the received grants shall be paid to the general treasurer

and deposited in a separate fund to be used solely for the purposes of the grant or grants.

 

     42-64-7.7. Grant of powers to the corporation. -- The Rhode Island economic

development commerce corporation is granted all of the powers necessary and convenient to

perform the functions transferred to the Rhode Island economic development commerce

corporation pursuant to sections 42-64-7.5 and 42-64-7.6.

 

     42-64-7.8. Sewer treatment facilities, connections, sewer user fees, charges and

assessments. -- (a) The Rhode Island economic development commerce corporation shall have

full and complete authority to limit, deny, or cause appropriate direct or indirect connections to be

made between any building or property located in the Quonset Point/Davisville Industrial Park, or

from any location outside the boundaries of the Quonset Point/Davisville Park and discharging

into the corporation's sewage treatment facility. The corporation shall prescribe those rules and

regulations for sewer connections that in the opinion of the corporation are necessary and

appropriate for the maintenance and operation of the sewer treatment facility. No person shall

make any connection from any structure to any sewer or appurtenance thereto discharging to the

sewage treatment facility without first being granted a written permit from the corporation in

accordance with its rules and regulations. Rhode Island economic development commerce

corporation shall have full and complete power and authority to compel any person within the

Quonset Point/Davisville Industrial Park, for the purpose of sewage disposal, to establish a direct

connection on the property of the individual, firm, partnership or corporation, or at the boundary

thereof to the corporation's sewage treatment facility. These connections shall be made at the

expense of the individual, firm, partnership or corporation. The term "appurtenance" as used

herein shall be construed to include adequate pumping facilities, whenever the pumping facilities

shall be necessary to deliver sewage to the sewage treatment facility.

      (b) The Rhode Island economic development commerce corporation shall assess any

person having a direct or indirect connection to the Quonset Point/Davisville Industrial Park

sewage treatment facility the reasonable charges for the use, operation, maintenance and

improvements to the facility.

      (c) The Rhode Island economic development commerce corporation shall proceed under

the provisions of this chapter to collect the fees, charges and assessments from any individual,

firm, partnership or corporation so assessed. Each entity so assessed shall pay the fees, charges,

or assessments within the time frame prescribed by the rules and regulations of the corporation.

The Rhode Island economic development commerce corporation may collect the fees, charges

and assessments in the same manner in which taxes are collected by municipalities, with no

additional fees, charges, assessments or penalties (other than those provided for in chapter 9 of

title 44). All unpaid charges shall be a lien upon the real estate of the individual, firm, partnership

or corporation. The lien shall be filed in the records of land evidence for the city or town in which

the property is located and the corporation shall simultaneously with the filing of the lien give

notice to the property owner. Owners of property subject to a lien for unpaid charges are entitled

to a hearing within fourteen (14) days of the recording of the lien.

      (d) Notwithstanding the provisions of subsection (c), the Rhode Island economic

development commerce corporation is authorized to terminate the water supply service of any

individual, firm, partnership or corporation for the nonpayment of sewer user fees, charges and

assessments. The corporation shall notify the user of termination of water supply at least forty-

eight (48) hours prior to ceasing service. The corporation may assess any individual, firm,

partnership or corporation any fees, charges and assessments affiliated with the shut off and

restoration of service.

 

     42-64-7.9. Orders as to pretreatment of sewage. -- (a) Without limiting the generality

of the foregoing, the authority vested in the Rhode Island economic development commerce

corporation shall include the authority to limit, reject, or prohibit any direct or indirect discharge

of pollutants or combination of pollutants as defined by applicable federal or state law, into any

treatment facility operated by the corporation, to require that any person or class of user shall

submit any and all discharges into the corporation's wastewater collection and treatment system to

those pretreatment standards and requirements as prescribed by the corporation.

      (b) The corporation shall adopt rules, regulations and permit requirements for

pretreatment. The corporation shall adopt rules, regulations and permit requirements necessary to

ensure compliance by all parties with:

      (1) Applicable federal and state laws

      (2) State and federal discharge permit limitations for the corporation's wastewater

treatment facility

      (3) Necessary and appropriate local limitations.

      (c) The Rhode Island economic development commerce corporation shall have the

authority to issue or deny permits to any person for the direct or indirect discharge of any

pollutants into any corporation wastewater treatment facility and to require the development of a

compliance schedule by each discharger to insure compliance with any pretreatment required by

the corporation. No person shall discharge any pollutant into the corporation's wastewater facility

except as in compliance with the provisions of this section and any rules and regulations

promulgated under this chapter and pursuant to all terms and conditions of a permit.

      (d) The Rhode Island economic development commerce corporation may, by regulation,

order, permit or otherwise require any person who discharges into any wastewater treatment

facility owned by the corporation to:

      (1) Establish and maintain records as required by federal or state statute, or by rule,

regulation, compliance order or permit terms;

      (2) Make any and all reports as required by federal or state statute or by rule, regulation,

compliance order or permit terms;

      (3) Install, calibrate, use and maintain any and all monitoring equipment or testing

procedures including, where appropriate, biological monitoring methods;

      (4) Sample any discharges and effluents in accordance with the methods and at the

locations and at the intervals and in a manner as the corporation may prescribe, and

      (5) Provide any other information relating to discharges into the facilities of the

corporation that the corporation may reasonably require to insure compliance with prescribed

pretreatment. The information shall include, but is not limited to, those records, reports and

procedures required by applicable federal and state laws.

      (e) Notwithstanding any other provision of this section, the Rhode Island economic

development commerce corporation shall have the authority, and shall accordingly prescribe the

appropriate procedures, to immediately and effectively halt or prevent any discharge of pollutants

into the facilities of the corporation which reasonably appears to present an imminent danger to

human health or the environment. The Rhode Island economic development commerce

corporation shall also have the authority and shall prescribe the appropriate procedures, which

shall include notice to the affected discharger and an opportunity to respond, to hold or prevent

any discharge into the facilities of the corporation, which presents or may present a threat to the

operation of the wastewater collection and/or treatment system. Procedures prescribed under this

subsection, which comply in form to those provided in section 42-17.1-2(21) shall be deemed to

be appropriate.

 

     42-64-7.11. Venture capital forum program. -- The Rhode Island economic

development commerce corporation shall establish a "Rhode Island Venture Capital Forum

Program." To establish the program, the corporation shall organize a statewide system for

facilitating venture capital investing. Such system may include, but need not be limited to, the

following:

      (a) Identifying and providing information to investors about investment opportunities in

new and high-growth business enterprises;

      (b) Identifying and providing information to entrepreneurs and high-growth business

enterprises about investors seeking investment opportunities;

      (c) Providing statewide and regional meetings, forums, internet-based information

systems, venture capital fairs, and other opportunities for venture capital investors and new and

high-growth business enterprises to meet and discuss potential mutual opportunities;

      (d) Cooperating with other service entities in facilitating effectiveness of the program

including, but not limited to, financial institutions, attorneys, accountants, investment banking

firms, established venture capital funds, institutions of higher education, local and regional

development organizations, business development centers, business incubators, and utilities;

      (e) Serving as a clearinghouse and access point for information about venture capital

investment opportunities in Rhode Island;

      (f) Serving as the central organization and means of delivering appropriate education and

training programs for potential investors and new or high-growth business enterprises;

      (g) Facilitating the formation of private venture capital funds. ;

      (h) Reviewing annually the current status of venture capital in Rhode Island in

conjunction with the full capital continuum needs of businesses in Rhode Island and make such

report to the legislature as to the availability of capital for businesses in Rhode Island. The report

shall analyze the needs of small and larger businesses in Rhode Island. The corporation shall

work in conjunction with any organization formed to provide economic analysis for the state.

 

     42-64-7.13. National security infrastructure support fund. -- The Rhode Island

economic development commerce corporation is hereby authorized and empowered to administer

the national security infrastructure support fund in accordance with the powers and terms

enumerated in chapter 32 of title 30.

 

     42-64-8. Directors, officers, and employees. -- (a) The powers of the Rhode Island

economic development commerce corporation shall be vested in a board of directors consisting of

thirteen (13) members.

      (1) The governor shall serve as a member of the board and as chairperson, ex-officio,

who shall vote only in the event of a tie.

      (2) In addition to the governor, the membership of the board shall consist of twelve (12)

public members to be appointed by the governor.

      (3) Each gubernatorial appointee shall be subject to the advice and consent of the senate

and no one shall be eligible for appointment unless he or she is a resident of this state. The

membership of the board shall reflect the geographic diversity of the state. Four (4) of the public

members shall be owners or principals of small businesses doing business in this state which are

independently owned and operated and which employs one hundred (100) or fewer persons. One

other of the public members shall be a representative of organized labor. One other of the public

members shall be a representative of higher education. One other of the public members shall be

a representative from the governor's work force board. One other of the public members shall be a

representative of a minority business. One other of the public members shall be appointed on an

interim basis by the governor when a project plan of the corporation situated on federal land is

disapproved by the governing body of a municipality in accordance with section 42-64-13(a)(4).

The member shall be the mayor of the municipality within whose borders all or a majority of the

project plan is to be carried out, or in a municipality, which has no mayor, the member shall be

the president of the town or city council. The appointed interim member shall have all the powers

of other members of the board only in its deliberations and action on the disapproval of the

project plan situated on federal land and within the borders of his or her municipality. Upon final

action by the board pursuant to section 42-64-13(a)(5), the interim member's term of appointment

shall automatically terminate.

      (4) It shall be the responsibility of the corporation 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 of

the corporation or his or her designee, be approved by the board, and conducted by the executive

director or his or her designee. The board may approve the use of any board or staff members or

other individuals to assist with training. The training course shall include instruction in the

following areas: the provisions of the entirety of chapter 64 of this title and of chapters 46 of this

title, 14 of title 36, and 2 of title 38 of the Rhode Island general laws; and the board's rules and

regulations. The director of the department of administration shall, within ninety (90) days of July

15, 2005, prepare and disseminate materials relating to the provisions of chapters 46 of this title,

14 of title 36, and 2 of title 38.

      (5) Members of the board shall be removable by the governor, pursuant to the provisions

of section 36-1-7 and for cause only, and removal solely for partisan or personal reasons

unrelated to capacity or fitness for the office shall be unlawful.

      (6) The five (5) current members of the board of directors who were duly appointed and

who have unexpired terms shall continue as directors of the corporation until February 1, 2010,

and thereafter until their successors are appointed and qualified. Upon passage of this act, the

governor shall appoint seven (7) members to the board, with terms expiring as follows: three (3)

members shall have terms expiring on February 1, 2011; three (3) members shall have terms

expiring on February 1, 2012; and one member shall have a term expiring on February 1, 2013. In

January 2010, the governor shall appoint five (5) members to the board with terms expiring as

follows: two (2) members shall have terms expiring on February 1, 2013 and three (3) members

shall have terms expiring on February 1, 2014. Beginning in 2011 and annually thereafter, during

the month of January, the governor shall appoint a member or members to succeed the member or

members whose terms will then next expire to serve for a term of four (4) years commencing on

the first day of February and then next following, and thereafter until the successors are appointed

and qualified. Beginning in 2011 and annually thereafter the governor shall appoint owners or

principals of small businesses doing business in this state which are independently owned and

operated, and which employs one hundred (100) or fewer persons. The members of the board

shall be eligible to succeed themselves, but only upon reappointment and with senate advice and

consent. The current members of the board of directors of the Rhode Island economic

development corporation who were duly appointed and who have unexpired terms shall be

considered as directors of the corporation until their terms expire, and thereafter until their

successors are appointed and qualified.

     (7) 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.

      (b) The directors shall receive no compensation for the performance of their duties under

this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in

carrying out those duties. A director may engage in private employment, or in a profession or

business.

      (c) The chairperson shall designate a vice chairperson from among the members of the

board who shall serve at the pleasure of the chairperson. A majority of directors holding office

shall constitute a quorum, and, except as otherwise provided in section 42-64-13, any action to be

taken by the corporation under the provisions of this chapter may be authorized by resolution

approved by a majority of the directors present and entitled to vote at any regular or special

meeting at which a quorum is present. A vacancy in the membership of the board of directors

shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of

the corporation.

      (d) The chief executive officer of the corporation shall be executive director of the

corporation until such time that the secretary of commerce is appointed. , appointed by the

governor with the advice and consent of the senate. The executive director shall hold office for

the term of three (3) years from the time of his or her appointment and until his or her successor is

duly appointed and qualified. The director shall be eligible for reappointment, and shall not

engage in any other occupation. The executive director of the corporation shall be entitled to

receive for his or her services any reasonable compensation as the board of directors may

determine. Upon the appointment of a secretary of commerce, the secretary of commerce shall be

the commerce corporation’s chief executive officer and responsible for the management of the

corporation. There shall be a chief operating officer (COO) of the corporation and he/she shall be

appointed by the secretary of commerce. The COO shall be the chief administrative officer of the

corporation and responsible for the day to day management of the corporation. The COO shall be

a professional in the area of economic development, management of economic development

corporations, and shall hold the requisite experience and education as established by the secretary

and board.

      (e) The board of directors 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 board of directors may vest in the executive

director, or the director's subordinates and, upon the appointment of a secretary of commerce, the

chief operating officer or the chief operating officer's subordinates, the authority to appoint

additional staff members and to determine the amount of compensation each individual shall

receive.

      (f) No full-time employee shall during the period of his or her employment by the

corporation engage in any other private employment, profession or business, except with the

approval of the board of directors.

      (g) 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 director of the

corporation, nor shall any contract or transaction between the corporation 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 corporation. If any director, officer, or

employee of the corporation 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 corporation, that interest shall be disclosed to the

corporation and set forth in the minutes of the corporation, and the director, officer, or employee

having that ownership interest shall not participate on behalf of the corporation in the

authorization of that contract. Interested directors may be counted in determining the presence of

a quorum at a meeting of the board of directors of the corporation, which authorizes the contract

or transaction.

      (h) Any action taken by the corporation under the provisions of this chapter may be

authorized by vote at any regular or special meeting, and each vote shall take effect immediately.

The corporation shall be subject to the provisions of chapter 42-46 ("Open Meetings") and

chapter 38-2 ("Access to Public Records"). 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 board of directors

decides that it would be in the best interests of the corporation and the state to hold an executive

session in private, then the board of directors is authorized to transact any business it deems

necessary 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 board of

directors been completed.

      (i) The board of directors may designate from among its members an executive

committee and one or more other committees each of which, to the extent authorized by the board

of directors, shall have and may exercise all of the authority of the board of directors, but no

executive committee shall have the authority of the board of directors in reference to the

disposition of all or substantially all of the property and assets of the corporation, amending the

by-laws of the corporation, exercising the condemnation power conferred upon the corporation by

section 42-64-9 or taking actions described or referred to in section 42-64-13(a).

     (j) The board shall create a capital finance subcommittee which shall be responsible for

drafting for board approval a set of guidelines, principals and processes for all loans, loan

guarantees and financing programs. The guidelines shall contain a set of metrics which the board

can use to determine the effectiveness of each program and to inform the governor and the

general assembly of the outcome of the various programs and to determine if there is need for

modification, continuance or termination. The guidelines shall also contain measures to annually

review the outstanding loan and loan guarantee programs to determine if the loans and loan

guarantees were granted in accordance with the board’s guidelines and principals and to

determine the risk factors normally used by lending institutions to determine risk and potential for

repayment. The board shall also implement the provisions of sections 42-64-36 and 42-64-37.

     (j)(k) Any action required by this chapter to be taken at a meeting of the board of

directors, or any action which may be taken at a meeting of the board of directors, or committee

of the board of directors, may be taken without a meeting if a consent in writing, setting forth the

action to be taken, shall be signed before or after that action by all of the directors, or all of the

members of the committee, as the case may be.

     (k)(l) Employees of the corporation shall not, by reason of their employment, be deemed

to be employees of the state for any purpose, any other provision of the general laws to the

contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29,

39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

     (m) The board shall create a set of metrics and reporting requirements to disclose the

programs and services offered or provided by the corporation and the effectiveness of each

offering. The board shall develop an annual report containing these metrics and shall submit the

report to the governor and the general assembly. The annual report shall also contain

recommendations for improving the business climate within the state and other actions the board

deems necessary to improve its effectiveness.

 

     42-64-8.1. Appropriation and expenses. -- The general assembly shall annually

appropriate any sums that it may deem necessary to carry out the provisions of this chapter; and

the state controller is authorized and directed to draw his or her orders upon the general treasurer

for the payment of that sum, or so much as may be required from time to time, upon receipt by

the controller of proper vouchers authenticated.

 

     42-64-9. Condemnation power. -- (a) If, for any of the purposes of this chapter, the

Rhode Island economic development commerce corporation shall find it necessary to acquire any

real property, whether for immediate or future use, the corporation may find and determine that

the property, whether a fee simple absolute or a lesser interest, is required for the acquisition,

construction, or operation of a project, and upon that determination, the property shall be deemed

to be required for public use until otherwise determined by the corporation; and with the

exceptions hereinafter specifically noted, the determination shall not be affected by the fact that

the property has been taken for, or is then devoted to, a public use; but the public use in the hands

or under the control of the corporation shall be deemed superior to the public use in the hands of

any other person, association, or corporation; provided further, however, that no real property or

interest, estate, or right in these belonging to the state shall be acquired without consent of the

state; and no real property or interest, estate, or right in these belonging to any municipality shall

be acquired without the consent of the municipality; and no real property, or interest or estate in

these, belonging to a public utility corporation may be acquired without the approval of the public

utility commission or another regulatory body having regulatory power over the corporation

except for the following real property or interest or estate in these: the underground electric

distribution system, located at the Quonset Point/Davisville industrial complex ("QP/D"), North

Kingstown, Rhode Island, consisting of lines of buried wires and cables and lines of wires and

cables installed in underground conduits, together with all equipment and appurtenances to these

for the furnishing of underground electric service running from the southwesterly side of Kiefer

Park Substation 81 located in QP/D in an easterly and southeasterly direction to Carrier Pier

Substation 82 located in QP/D together with any and all rights and easements as may be

necessary to repair, maintain, operate or otherwise gain access to the above-mentioned property.

      (b) The corporation may proceed to acquire and is authorized to and may proceed to

acquire property, whether a fee simple absolute or a lesser interest, by the exercise of the right of

eminent domain in the manner prescribed in this chapter.

      (c) Nothing contained in this section shall be construed to prohibit the corporation from

bringing any proceedings to remove a cloud on title or any other proceedings that it may, in its

discretion, deem proper and necessary, or from acquiring property by negotiation or purchase.

      (d) The necessity for the acquisition of property under this chapter shall be conclusively

presumed upon the adoption by the corporation of a vote determining that the acquisition of the

property or any interest in property described in that vote is necessary for the acquisition,

construction, or operation of a project. Within six (6) months after its passage, the corporation

shall cause to be filed in the appropriate land evidence records a copy of its vote together with a

statement signed by the chairperson or vice-chairperson of the corporation that the property is

taken pursuant to this chapter, and also a description of the real property indicating the nature and

extent of the estate or interest in the estate taken and a plat of the real property, which copy of the

vote and statement of the chairperson or vice-chairperson shall be certified by the secretary of the

corporation and the description and plat shall be certified by the city or town clerk for the city or

town within which the real property lies.

      (e) Forthwith thereafter the corporation shall cause to be filed in the superior court in and

for the county within which the real property lies a statement of the sum of money estimated to be

just compensation for the property taken, and shall deposit in the superior court to the use of the

persons entitled to the money the sum set forth in the statement. The corporation shall satisfy the

court that the amount deposited with the court is sufficient to satisfy the just claims of all persons

having an estate or interest in the real property. Whenever the corporation satisfies the court that

the claims of all persons interested in the real property taken have been satisfied, the unexpended

balance shall be ordered repaid forthwith to the corporation.

      (f) Upon the filing of the copy of the vote, statement, description, and plat in the land

evidence records and upon the making of the deposit in accordance with the order of the superior

court, title to the real property in fee simple absolute or any lesser estate or interest specified in

the resolution shall vest in the corporation, and that real property shall be deemed to be

condemned and taken for the use of the corporation and the right to just compensation for the

condemned property shall vest in the persons entitled to compensation, and the corporation

thereupon may take possession of the real property. No sum paid unto the court shall be charged

with clerks' fees of any nature.

      (g) After the filing of the copy of the vote, statement, description, and plat, notice of the

taking of that land or other real property shall be served upon the owners of, or persons having

any estate or interest in, the real property by the sheriff or his or her deputies of the county in

which the real estate is situated by leaving a true and attested copy of the vote, statement,

description, and plat with each of those persons personally, or at the last and usual place of abode

in this state with some person living there, and in case any of those persons are absent from this

state and have no last and usual place of abode therein occupied by any person, the copy shall be

left with the person or persons, if any, in charge of, or having possession of the real property

taken of the absent persons, and another copy shall be mailed to the address of the person, if the

address is known to the officer serving the notice.

      (h) After the filing of the vote, description, and plat, the corporation shall cause a copy to

be published in some newspaper having general circulation in the city or town in which the real

property lies at least once a week for three (3) successive weeks.

      (i) If any party shall agree with the corporation upon the price to be paid for the value of

the real property so taken and of appurtenant damage to any remainder or for the value of his or

her estate, right, or interest therein, the court, upon application of the parties in interest, may order

that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to

be awarded in the proceedings; provided, however, that no payment shall be made to any official

or employee of the corporation for any property or interest in the property acquired from the

official or employee unless the amount of the payment is determined by the court to constitute

just compensation to be awarded in the proceedings.

      (j) Any owner of, or person entitled to any estate or right in, or interested in any part of,

the real property taken, who cannot agree with the corporation upon the price to be paid for his or

her estate, right or interest in the real property taken and the appurtenant damage to the

remainder, may, within three (3) months after personal notice of the taking, or if he or she has no

personal notice, may within one year from the time the sum of money estimated to be just

compensation is deposited in the superior court to the use of the persons entitled to the

compensation, apply by petition to the superior court for the county in which the real property is

situated, setting forth the taking of his or her land or his or her estate or interest in these and

praying for an assessment of damages by the court or by a jury. Upon the filing of the petition,

the court shall cause twenty (20) days' notice of the pendency of a trial to be given to the

corporation by serving the chairperson or vice chairperson of the corporation with a certified copy

of the notice.

      (k) After the service of notice, the court may proceed to the trial thereof. The trial shall

be conducted as other civil actions at law are tried. The trial shall determine all questions of fact

relating to the value of the real property, and any estate or interest, and the amount of this value

and the appurtenant damage to any remainder and the amount of this damage, and the trial and

decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move

for new trial, and to appeal, as are provided by law. Upon the entry of judgment in those

proceedings, execution shall be issued against the money deposited in court and in default against

any other property of the corporation.

      (l) In case two (2) or more petitioners make claim to the same real property, or to any

estate or interest, or to different estate or interests in the same real property, the court shall, upon

motion, consolidate their several petitions for trial at the same time, and may frame all necessary

issues for the trial.

      (m) If any real property or any estate or interest, in which any minor or other person not

capable in law to act in his or her own behalf is interested, is taken under the provisions of this

chapter, the superior court, upon the filing of a petition by or in behalf of the minor or person or

by the corporation, may appoint a guardian ad litem for the minor or other person. Guardians

may, with the advice and consent of the superior court, and upon any terms as the superior court

may prescribe, release to the corporation all claims for damages for the land of the minor or other

person or for any estate or interest. Any lawfully appointed, qualified, and acting guardian or

other fiduciary of the estate of any minor or other person, with the approval of the court of

probate within this state having jurisdiction to authorize the sale of lands and properties within

this state of the minor or other person, may before the filing of any petition, agree with the minor

or other person for any taking of his or her real property or of his or her interest or estate, and

may, upon receiving the amount, release to the corporation all claims for damages for the minor

or other person for the taking.

      (n) In case any owner of or any person having an estate or interest in the real property

fails to file his or her petition, superior court for the county in which the real property is situated,

in its discretion, may permit the filing of the petition within one year subsequent to the year

following the time of the deposit in the superior court of the sum of money estimated to be just

compensation for the property taken; provided, the person shall have had no actual knowledge of

the taking of the land in season to file the petition; and provided, no other person or persons

claiming to own the real property or estate or interest shall have been paid the value; and

provided, no judgment has been rendered against the corporation for the payment of the value to

any other person or persons claiming to own the real estate.

      (o) If any real property or any estate or interest is unclaimed or held by a person or

persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court

for the county in which the real property lies, the corporation, after the expiration of two (2) years

from the first publication of the copy of the vote, statement, description, and plat, may petition the

court that the value of the estate or interest of the unknown person or persons be determined.

After the notice by publication to any person or persons that the court in its discretion may order,

and after a hearing on the petition, the court shall fix the value of the estate or interest and shall

order the sum to be deposited in the registry of the court in a special account to accumulate for

the benefit of the person or persons, if any, entitled to it. The receipt of the clerk of the superior

court shall constitute a discharge of the corporation from all liability in connection with the

taking. When the person entitled to the money deposited shall have satisfied the superior court of

his or her right to receive that money, the court shall cause it to be paid over to him or her, with

all accumulations thereon.

      (p) The superior court shall have power to make any orders with respect to

encumbrances, liens, taxes, and other charges on the land, if any, as shall be just and equitable.

      (q) Whenever, in the opinion of the corporation, a substantial saving in the cost of

acquiring title can be effected by conveying other real property, title to which is in the

corporation, to the person or persons from whom the estate or interest in real property is being

purchased or taken, or by the construction or improvement by the corporation of any work or

facility upon the remaining real property of the person or persons from whom the estate or

interest in real property is being purchased or taken, the corporation shall be and hereby is

authorized to convey that other real property to the person or persons from whom the estate or

interest in real property is being purchased or taken and to construct or improve any work or

facility upon the remaining land of the person or persons.

      (r) At any time during the pendency of any proceedings for the assessment of damages

for property or interests taken or to be taken by eminent domain by the corporation, the

corporation or any owner may apply to the court for an order directing an owner or the

corporation, as the case may be, to show cause why further proceedings should not be expedited,

and the court may upon that application make an order requiring that the hearings proceed and

that any other steps be taken with all possible expedition.

 

     42-64-9.1. Inspection powers. -- (a) The Rhode Island economic development

commerce corporation is authorized to carry out all inspection, surveillance and monitoring

procedures necessary to determine, independent of information supplied by any discharger or

permit holder compliance or non-compliance by the person with pretreatment requirements

prescribed by the corporation.

      (b) The corporation or its duly authorized employees or agents, upon presentation of

identification and appropriate credentials, is authorized:

      (1) To enter without delay and at reasonable times, those premises, both public and

private, either receiving services from the corporation, or applying for a permit for discharge into

the corporation's wastewater collection and treatment system;

      (2) To examine any and all records kept in accordance with the rules and regulations

adopted by the corporation, or required by permit or compliance order or maintained pursuant to

section 42-64-7.9;

      (3) To have access to and inspect or test any monitoring or testing equipment or

monitoring or testing method, or to sample any effluent or discharge during regular working

hours, or at other reasonable times, or at any time a discharge is reasonably believed to present an

imminent danger to human health or the environment.

      (c) Any person obstructing, hindering or in any way causing to be obstructed or hindered

the corporation or its duly authorized employees or agents in the performance of their duties, or

who shall refuse to permit the corporation or its duly authorized employees or agents entrance to

or egress from any premises, buildings, plant or equipment or other places belonging to or

controlled by the person in the performance of his or her duties shall be subject to the civil and

criminal penalties set forth in sections 42-64-9.2 and 42-64-9.3.

 

     42-64-9.2. Civil penalties. -- (a) Any person who violates the provisions of this chapter

or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil

penalty of not more than twenty-five thousand dollars ($25,000) for each day during which the

violation occurs.

      (b) The Rhode Island economic development commerce corporation shall, in the same

manner as cities and towns are authorized under the provisions of section 45-6-2.3(a)(4) and the

Narragansett Bay Commission are authorized under the provisions of section 46-25-25.2(b),

obtain actual costs and reasonable attorney's fees incurred by the corporation in seeking

compliance, penalties or damages.

 

     42-64-9.4. Procedures for enforcement. -- (a) The Rhode Island economic development

commerce corporation shall have authority to seek legal or equitable relief in the federal court or

in the superior court of Providence county to enforce the requirements of sections 307(b) and (c);

402(b)(8) and other applicable sections of the Federal Water Pollution Control Act [33 U.S.C.

section 1251 et seq.]and any regulations implementing those sections or authorized by this

chapter. Whenever, on the basis of any information available to the corporation, the corporation

has reasonable grounds to believe that a person has violated any provision of this chapter or of

any permit, rule, regulation or order issued pursuant to this chapter the corporation may institute

administrative, civil or criminal proceedings in the name of the Rhode Island economic

development commerce corporation. The corporation shall not be required to enter into any

recognizance or give surety for costs prior to instituting this proceeding. The corporation has the

authority to order any person who violates any provision of this chapter or of any permit, rule,

regulation or order issued pursuant to this chapter to cease and desist the violation or to remedy

the violation and to impose administrative penalties. The corporation may impose administrative

penalties only in accordance with the notice and hearing provisions of chapter 35 of this title, this

chapter and as set forth in the corporation's rules and regulations.

      (b) The superior court for Providence county shall have jurisdiction to enforce the

provisions of this chapter and any rule, regulation, permit or administrative order issued pursuant

to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the

corporation. In any proceeding on which injunctive relief is sought, it shall not be necessary for

the corporation to establish that without the relief the injury, which will result will be irreparable

or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition

to, and may be utilized in lieu of, other administrative or judicial proceedings authorized by this

chapter.

 

     42-64-9.5. Hearings. -- At all hearings held under the provisions of this chapter, the

Rhode Island economic development commerce corporation and its members shall have the right

to administer oaths. All persons testifying at the hearings shall do so under oath and under penalty

of perjury. The corporation shall have the right to issue subpoenas to compel the appearance of

witnesses and/or the production of any books, records, or other documents. Any person may be

represented by counsel at the hearing. The corporation may adjourn the hearings from time to

time whenever the adjournment shall in its opinion, be necessary or desirable. The testimony

adduced at the hearing shall be transcribed by a stenographer.

 

     42-64-9.6. Notice of decisions. -- Within a reasonable time following the conclusion of

the hearing, the Rhode Island economic development commerce corporation shall render its

decision and findings and shall give notice by publication in some newspaper of general

circulation published in Rhode Island and distributed in Washington and Providence counties and

by mailing a copy by registered or certified mail to each person who shall have registered with

the corporation with his or her name and address with a request for specific notification of the

results of the hearing.

 

     42-64-9.7. Notice of hearing on orders. -- Before adopting or entering any order

applicable to any one or more specific persons, the Rhode Island economic development

commerce corporation shall give to each of the persons, by registered or certified mail, twenty

(20) days notice of the time and place of the hearing to be afforded to each of the persons if he,

she or it desires the hearing. The notice shall state the date, time and location of the hearing.

 

     42-64-9.9. Public access to information. -- Any permit, permit application or effluent

data shall be available to the public for inspection and copying. The Rhode Island economic

development corporation shall treat as privileged any information, which would, if made public,

divulge methods or processes entitled to protections as trade secrets of the person or entity. in

accordance with chapter 38-2 ("Access to Public Records"). Confidential or privileged materials

may be disclosed or transmitted to other officers, employees or agents of the corporation.

 

     42-64-9.10. Rules and regulations -- Notice of rule review. -- The Rhode Island

economic development commerce corporation may adopt rules and regulations or any

amendments to rules and regulations according to the provisions of chapter 35 of title 42. The

corporation shall also give notice of these rules and regulations or any amendments, prior to their

effective date, by sending, by registered or certified mail, copies to each person interested in these

rules, regulations or any amendments who shall have registered with the corporation his or her

name and address, with a request to be notified. Review of the rules and regulations may be had

as provided in chapter 35 of title 42.

 

     42-64-10. Findings of the corporation. -- (a) Except as specifically provided in this

chapter, the Rhode Island economic development commerce corporation shall not be empowered

to undertake the acquisition, construction, reconstruction, rehabilitation, development, or

improvement of a project, nor enter into a contract for any undertaking or for the financing of this

undertaking, unless it first:

      (1) Finds:

      (i) That the acquisition or construction and operation of the project will prevent,

eliminate, or reduce unemployment or underemployment in the state and will generally benefit

economic development of the state;

      (ii) That adequate provision has been made or will be made for the payment of the cost

of the acquisition, construction, operation, and maintenance and upkeep of the project;

      (iii) That, with respect to real property, the plans and specifications assure adequate

light, air, sanitation, and fire protection;

      (iv) That the project is in conformity with the applicable provisions of chapter 23 of title

46; and

      (v) That the project is in conformity with the applicable provisions of the state guide

plan; and

      (2) Prepares and publicly releases an analysis of the impact the proposed project will or

may have on the State. The analysis shall be supported by appropriate data and documentation

and shall consider, but not be limited to, the following factors:

      (i) The impact on the industry or industries in which the completed project will be

involved;

      (ii) State fiscal matters, including the state budget (revenues and expenses);

      (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

project and negative foreseeable contingencies that may arise therefrom;

      (iv) The approximate number of full-time, part-time, temporary, seasonal, and/or

permanent jobs projected to be created, construction and non-construction;

      (v) Identification of geographic sources of the staffing for identified jobs;

      (vi) The projected duration of the identified construction jobs;

      (vii) The approximate wage rates for each category of the identified jobs;

      (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

      (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

      (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees and outreach to minority job applicants

and minority businesses.

      (b) With respect to the uses described in section 42-64-3(18), (23), (30), (35), and (36)

and with respect to projects situated on federal lands, the corporation shall not be required to

make the findings specified in subsection (a)(1)(i) of this section.

      (c) Except for the findings specified in subsections (a)(1)(iv) and (a)(1)(v) of this

section, the findings of the corporation made pursuant to this section shall be binding and

conclusive for all purposes. Upon adoption by the corporation, any such findings shall be

transmitted to the division of taxation, and shall be made available to the public for inspection by

any person, and shall be published by the tax administrator on the tax division website.

      (d) The corporation shall monitor every impact analysis it completes through the

duration of any project incentives. Such monitoring shall include annual reports which shall be

transmitted to the division of taxation, and shall be available to the public for inspection by any

person, and shall be published by the tax administrator on the tax division website. The annual

reports on the impact analysis shall include:

      (1) Actual versus projected impact for all considered factors; and

      (2) Verification of all commitments made in consideration of state incentives or aid.

      (e) Upon its preparation and release of the analysis required by subsection (a)(2) of this

section, the corporation shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website. Annually thereafter, the department of labor and training shall certify to the chairpersons

of the house and senate finance committees, the house and senate fiscal advisors, the corporation

and the division of taxation that: (i) the actual number of new full-time jobs with benefits created

by the project, not including construction jobs, is on target to meet or exceed the estimated

number of new jobs identified in the analysis above, and (ii) the actual number of existing full-

time jobs with benefits has not declined. This certification shall no longer be required two (2) tax

years after the terms and conditions of both the general assembly's joint resolution of approval

required by section 42-64-20.1 of this chapter and any agreement between the corporation and the

project lessee have been satisfied. For purposes of this section, "full-time jobs with benefits"

means jobs that require working a minimum of thirty (30) hours per week within the state, with a

median wage that exceeds by five percent (5%) the median annual wage for full-time jobs in

Rhode Island and within the taxpayer's industry, with a benefit package that includes healthcare

insurance plus other benefits typical of companies within the project lessee's industry. The

department of labor and training shall also certify annually to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, and the division of taxation that

jobs created by the project are "new jobs" in the state of Rhode Island, meaning that the

employees of the project are in addition to, and without a reduction in the number of, those

employees of the project lessee currently employed in Rhode Island, are not relocated from

another facility of the project lessee in Rhode Island or are employees assumed by the project

lessee as the result of a merger or acquisition of a company already located in Rhode Island. The

certifications made by the department of labor and training shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website.

      (f) The corporation, with the assistance of the taxpayer, the department of labor and

training, the department of human services and the division of taxation shall provide annually an

analysis of whether any of the employees of the project lessee has received RIte Care or RIte

Share benefits and the impact such benefits or assistance may have on the state budget. Any such

analysis shall be available to the public for inspection by any person and shall be published by the

tax administrator on the tax division website. Notwithstanding any other provision of law or rule

or regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss lessee-specific tax or employment

information or data with the Rhode Island economic development commerce corporation

(RIEDC)(RICC), the chairpersons of the house and senate finance committees, and/or the house

and senate fiscal advisors for the purpose of verification and compliance with this tax credit

reporting requirement.

      (g) The corporation and the project lessee shall agree that, if at any time prior to pay

back of the amount of the sales tax exemption through new income tax collections over three (3)

years, not including construction job income taxes, the project lessee will be unable to continue

the project, or otherwise defaults on its obligations to the corporation, the project lessee shall be

liable to the state for all the sales tax benefits granted to the project plus interest, as determined in

Rhode Island General Law section 44-1-7, calculated from the date the project lessee received the

sales tax benefits.

      (h) Any agreements or contracts entered into by the corporation and the project lessee

shall be sent to the division of taxation and be available to the public for inspection by any person

and shall be published by the tax administrator on the tax division website.

      (i) By August 15th of each year the project lessee shall report the source and amount of

any bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

      (j) By August 15th of each year the division of taxation shall report the name, address,

and amount of sales tax benefit each project lessee received during the previous state fiscal year

to the corporation, the chairpersons of the house and senate finance committees, the house and

senate fiscal advisors, the department of labor and training and the division of taxation. This

report shall be available to the public for inspection by any person and shall be published by the

tax administrator on the tax division website.

      (k) On or before September 1, 2011, and every September 1 thereafter, the project lessee

shall file an annual report with the tax administrator. Said report shall contain each full-time

equivalent, part-time or seasonal employee's name, social security number, date of hire, and

hourly wage as of the immediately preceding July 1 and such other information deemed necessary

by the tax administrator. The report shall be filed on a form and in a manner prescribed by the tax

administrator.

 

     42-64-11. Disposition of projects. -- (a) Notwithstanding the provisions of any other

law, the Rhode Island economic development commerce corporation may sell or lease to any

person, firm, partnership, or corporation, or to any local redevelopment agency, or to any state or

federal agency or instrumentality, or to any municipality or political subdivision of the state

empowered to enter into the sale or lease, any project without public bidding or public sale, for

consideration and upon terms as may be agreed upon between the corporation and the purchaser

or lessee; provided that in the case of a lease, the term shall not exceed ninety-nine (99) years.

The sale or lease or agreement may be consummated as entered into prior to, at the date of, or

subsequent to the acquisition of completion of the project. Where a contract of sale or lease is

entered into prior to the completion of construction of the project to be conveyed or leased, the

corporation may complete the project prior or subsequent to the consummation of the sale or

lease.

      (b) In connection with the corporation's disposition by sale, lease, or otherwise of any of

its projects, the corporation is authorized to require that the party acquiring the project, or any

interest therein or any right to use or occupy the project, may not sell, assign, convey, lease,

sublease, or otherwise dispose of, in whole or in part, its interest in the project or its right to use

and occupy the project without the approval, in writing, of the corporation. The corporation may

not unreasonably withhold that approval; and shall state the reason or reasons upon which that

withholding of approval is based. In determining whether to grant or withhold that approval, the

corporation shall consider whether the proposed disposition will further the purposes of this

chapter and may consider any and all other relevant factors as well.

      (c) The provisions of subsection (b) shall not be deemed to limit in any manner the

corporation's authority in connection with the disposition by sale, lease, or otherwise of any of its

projects or to impose those terms and conditions permitted by law with respect to those

dispositions as it shall determine to be desirable.

      (d) The corporation shall dispose, by sale, lease, transfer or other agreement, of projects

on or related to former Navy lands in the town of North Kingstown through the Quonset

Development Corporation as provided for in chapter 64.10 of this title and may dispose, by sale,

lease, transfer or other agreement, of other projects related to land and real estate development,

regardless of location in Rhode Island, through the Quonset Development Corporation as may be

mutually agreeable to the corporation and the Quonset Development Corporation.

 

     42-64-12. Community advisory committees. -- (a) The Rhode Island economic

development commerce corporation may establish one or more local or regional community

advisory committees to consider and advise the corporation upon matters submitted to them by

the corporation concerning the development of any area or any project, and may establish rules

and regulations with respect to those committees. The community advisory committees shall

include, as members ex officio, the mayors of the cities and the presidents of the town councils of

the cities and towns, respectively, situated in the area with respect to which the community

advisory committees are established. Those members shall serve at the pleasure of the corporation

and without salary, but shall be entitled to reimbursement for their actual and necessary expenses

incurred in the performance of their duties.

      (b) The corporation may purchase from, sell to, borrow from, loan to, contract with, or

otherwise deal with any corporation, trust, association, partnership, or other entity in which any

member of a community advisory committee has a financial interest, direct or indirect, provided

that the interest is disclosed in the minutes of the corporation.

      (c) Notwithstanding any provision of law, general, special, or local, no officer or

employee of the state or of any agency thereof shall be deemed to have forfeited or shall forfeit

his or her office or employment by reason of his or her acceptance of membership on a

community advisory committee.

 

     42-64-13. Relations with municipalities. -- (a) (1) With respect to projects situated on

federal land, the Rhode Island economic development commerce corporation is authorized to

plan, construct, reconstruct, rehabilitate, alter, improve, develop, maintain, and operate projects:

(i) in conformity with the applicable provisions of chapter 1 of title 2 except that the projects shall

not require the approval of a town or city council provided for in section 2-1-21, and (ii) without

regard to the zoning or other land use ordinances, codes, plans, or regulations of any municipality

or political subdivision; provided, however, that the exemption from the zoning or other land use

ordinances, codes, plans, or regulations shall be subject to the corporation's compliance with the

provisions of this subsection. Projects which are planned, constructed, reconstructed,

rehabilitated, altered, improved, or developed by the corporation on federal land in accordance

with the provisions of this subsection may be maintained and operated by lessees from and

successors in interest to the corporation in the same manner as if the projects had been in

existence prior to the enactment of the zoning or other land use ordinances, codes, plans, or

regulations which, but for this chapter, would otherwise be applicable.

      (2) As used in this section, "the comprehensive plan" means a comprehensive plan

adopted pursuant to chapter 22 of title 45 by a planning board or commission; "the applicable

comprehensive plan" shall mean the comprehensive plan of any municipality within which any

project is to be situated, in whole or in part; and "the project plan" shall mean a general

description of a proposed project situated on federal land, describing in reasonable detail its

location, nature, and size. A zoning ordinance adopted by a municipality pursuant to chapter 24 of

title 45 shall not be deemed to be a comprehensive plan nor a statement of the land use goals,

objectives, and standards.

      (3) If any project plan of the corporation with respect to projects situated on federal land

conforms to the land use goals, objectives, and standards of the applicable comprehensive plan as

of the time of the corporation's adoption of the project plan, or if there is no applicable

comprehensive plan, then before proceeding with the project described in the project plan, the

corporation shall refer the project plan to the appropriate community advisory committee which

may thereafter hold any public hearings as it may deem to be desirable for the purpose of

permitting the public to comment on the project plan. The community advisory committee shall

not later than forty-five (45) days after its receipt of the project plan, transmit its comments on the

project plan, in either written or oral form, to the corporation and thereupon, or upon the

community advisory committee's failure to take any action within the time specified, the

corporation shall be authorized to proceed with the project described in the project plan without

regard to the zoning or other land use ordinances, codes, plans, or regulations of a municipality

within which the project is to be situated in whole or in part.

      (4) If any project plan of the corporation with respect to projects situated on federal land

does not conform to the land use goals, objectives, and standards of the applicable comprehensive

plan as of the time of the corporation's adoption of the project plan, then, before proceeding with

the project described in the project plan, the corporation shall refer the project plan to the local

governing body of any municipality within which any project is to be situated, in whole or in part.

The local governing body may thereafter hold any public hearings as it may deem to be desirable

for the purpose of permitting the public to comment on the project plan. The local governing

body shall, not later than forty-five (45) days after its receipt of the project plan, advise the

corporation of its approval or disapproval of that plan. If it shall disapprove the project plan, the

corporation shall nevertheless be authorized to proceed with the project described in the project

plan (without regard to the zoning or other land use ordinances, codes, plans, or regulations of a

municipality within which the project is to be situated in whole or in part) upon the subsequent

affirmative vote of a majority of the members of the board of directors then holding office as

directors taken at a meeting open to the public. If the local governing body approves the project

plan or fails to take any action within the time specified, the corporation shall be authorized to

proceed with the project described in the project plan without regard to the zoning or other land

use ordinances, codes, plans, or regulations of a municipality within which the project is to be

situated in whole or in part.

      (5) The project plan's conformity with the applicable comprehensive plan shall be

determined by the board of directors of the corporation and its determination shall be binding and

conclusive for all purposes.

      (b) With respect to projects situated on real property other than federal land, the

corporation shall plan, construct, reconstruct, rehabilitate, alter, improve, develop, maintain, and

operate projects in conformity with the applicable zoning or other land use ordinances, codes,

plans, or regulations of any municipality or political subdivision of the state in which those

projects are situated.

      (c) The corporation shall, in planning, constructing, reconstructing, rehabilitating,

altering, or improving any project, comply with all requirements of state and federal laws, codes,

or regulations applicable to that planning, construction, reconstruction, rehabilitation, alteration,

or improvement. The corporation shall adopt a comprehensive building code (which may, but

need not be, the BOCA Code) with which all projects shall comply. That adoption shall not

preclude the corporation's later adoption of a different comprehensive building code or of its

alteration, amendment, or supplementation of any comprehensive building code so adopted.

Except as otherwise specifically provided to the contrary, no municipality or other political

subdivision of the state shall have the power to modify or change in whole or in part the

drawings, plans, or specifications for any project of the corporation; nor to require that any

person, firm, or corporation employed with respect to that project perform work in any other or

different manner than that provided by those drawings, plans, and specifications; nor to require

that any such person, firm, or corporation obtain any approval, permit, or certificate from the

municipality or political subdivision in relation to the project; and the doing of that work by any

person, firm, or corporation in accordance with the terms of those drawings, plans, specifications,

or contracts shall not subject the person, firm, or corporation to any liability or penalty, civil or

criminal, other than as may be stated in the contracts or may be incidental to the proper

enforcement thereof; nor shall any municipality or political subdivision have the power to require

the corporation, or any lessee or successor in interest, to obtain any approval, permit, or

certificate from the municipality or political subdivision as a condition of owning, using,

maintaining, operating, or occupying any project acquired, constructed, reconstructed,

rehabilitated, altered, or improved by the corporation or pursuant to drawings, plans, and

specifications made or approved by the corporation; provided, however, that nothing contained in

this subsection shall be deemed to relieve any person, firm, or corporation from the necessity of

obtaining from any municipality or other political subdivision of the state any license which, but

for the provisions of this chapter, would be required in connection with the rendering of personal

services or sale at retail of tangible personal property.

      (d) Except to the extent that the corporation shall expressly otherwise agree, a

municipality or political subdivision, including, but not limited to, a county, city, town, or district,

in which a project of the corporation is located, shall provide for the project, whether then owned

by the corporation or any successor in interest, police, fire, sanitation, health protection, and other

municipal services of the same character and to the same extent as those provided for other

residents of that municipality or political subdivision, but nothing contained in this section shall

be deemed to require any municipality or political subdivision to make capital expenditures for

the sole purpose of providing any of these services for that project.

      (e) In carrying out a project, the corporation shall be empowered to enter into contractual

agreements with municipalities and public corporations and those municipalities and public

corporations are authorized and empowered, notwithstanding any other law, to enter into any

contractual agreements with the corporation and to do all things necessary to carry out their

obligations under the agreements.

      (f) Notwithstanding the provisions of any general, special, or local law or charter,

municipalities and public corporations are empowered to purchase, or to lease for a term not

exceeding ninety-nine (99) years, projects of the corporation, upon any terms and conditions as

may be agreed upon by the municipality or public corporation and the corporation.

 

     42-64-13.1. Assistance to urban communities for economic revitalization. -- (a) The

Rhode Island economic development commerce corporation shall, in furtherance of its

responsibility to assist urban communities, provide for the establishment of an urban enterprise

equity fund, the establishment of an urban business incubator, and such other programs and

activities as the corporation may deem appropriate to assist with urban revitalization.

      (b) For purposes of this section, the following words and terms shall have the following

meanings:

      (1) "Equity" shall mean cash or cash equivalents, through personal or other assets that

are either pledged to or become part of a small business venture. Equity constitutes resources that

are considered part of the balance sheet of the small business.

      (2) "Equity Financing" shall be a loan from an institution, bank, non-bank or any other

resource, by which terms and conditions are established for repayment of the debt. For the

purposes of this legislation, "Equity Financing" shall be deeply subordinated on the balance sheet

of the business, and by this deep subordination is converted to equity on the balance sheet.

"Equity Financing" by virtue of its subordination shall be the last loan to be paid out of the cash

flow of the business.

      (3) "Fund" shall mean a revolving loan fund used to provide equity to assist start-up and

existing businesses in securing resources from lenders including, but not limited to, private sector

lending institutions, and federal and non-federal public sector lenders.

      (4) "Small business" shall mean any corporation, partnership, sole proprietorship, or

other business entity qualifying as "small" under the standards contained in 13 CFR section 121.

      (5) "Urban" shall mean any community, which exceeds two thousand (2000) persons per

square mile as established by the most recent federal census.

      (c) Establishment of an Urban Enterprise Equity Fund.

      (1) (i) In order to provide "Equity Financing", commonly referred to as either "Equity"

or "Equity Debt", to assist small businesses finance investments, the general assembly establishes

the urban enterprise fund.

      (ii) This fund will be located at and administered by the economic development

corporation, referred to as the corporation, hereinafter for the purposes of providing equity

financing to assist small businesses in obtaining additional resources for capital investments.

Seventy-five percent (75%) of the fund financing shall be targeted to urban small businesses

located in enterprise zones established pursuant to chapter 64.3 of title 42. The corporation shall

be responsible for the establishment of "the urban enterprise fund" and for the adoption of rules

and standards and guidelines, eligibility qualifications, and performance measures for the fund.

Such rules shall limit the amount of equity financing from the fund in any small business to an

amount not to exceed one hundred thousand ($100,000) dollars and shall provide, inter alia that

the corporation be allowed to take stock, stock options, stock warrants, equity or other ownership

interests in the small business to which it is providing such Equity Financing.

      (2) Nothing herein provided with regard to equity and Equity Financing shall be deemed

to prevent or restrict the corporation or other private lenders from providing additional financing

to the small business under traditional methods, conventional financing with or without credit

enhancements for the purposes of fulfilling the necessary instruments to finance the small

business.

      (3) In the implementation of the provisions of this paragraph, the corporation is

encouraged to utilize credit enhancements such as the US Small Business Administration's (SBA)

Guaranteed Loan Program in conjunction with SBA's participating lenders to make the small

business financing transactions in the best interest of the Small Business.

      (4) The corporation will annually report the status and performance of the Urban

Enterprise Equity Fund to the general assembly on or before the first Tuesday of November.

      (d) (1) Establishment of an Urban Business Incubator. - There is hereby authorized,

established, and created an urban business incubator to be located in an enterprise zone, as

defined in chapter 64.3 of this title. The incubator shall be designed to foster the growth of

businesses through a multi-tenant, mixed-use facility serving companies in a variety of industries

including, but not limited to: services, distribution, light manufacturing, or technology-based

businesses. The incubator shall provide a range of services designed to assist these new

businesses, including, but not limited to: flexible leases, shared office equipment, use of common

areas such as conference rooms, and will provide (directly or indirectly) easily accessible

business management, training, financial, legal, accounting, and marketing services.

      (2) The incubator shall be established as a non-business corporation, and shall have tax

exempt status under U.S. Internal Revenue Code section 501(c)(3), 26 U.S.C. section 501(c)(3),

and shall have an independent board of directors. The board of directors, in consultation with the

corporations, shall adopt guidelines and performance measures for the purposes of operating and

monitoring the incubator.

      (e) The general assembly shall annually appropriate the sums it deems necessary to carry

out the provisions of subsections (c) and (d) of this section.

 

     42-64-13.2. Renewable energy investment coordination. -- (a) Intent. - To develop an

integrated organizational structure to secure for Rhode Island and its people the full benefits of

cost-effective renewable energy development from diverse sources.

      (b) Definitions. - For purposes of this section, the following words and terms shall have

the meanings set forth in RIGL 42-64-3 unless this section provides a different meaning. Within

this section, the following words and terms shall have the following meanings:

      (1) "Corporation" means the Rhode Island economic development commerce

corporation.

      (2) "Municipality" means any city or town, or other political subdivision of the state.

      (3) "Office" means the office of energy resources established by chapter 42-140.

      (c) Renewable energy development fund. - The corporation shall, in the furtherance of its

responsibilities to promote and encourage economic development, establish and administer a

renewable energy development fund as provided for in section 39-26-7, may exercise the powers

set forth in this chapter, as necessary or convenient to accomplish this purpose, and shall provide

such administrative support as may be needed for the coordinated administration of the renewable

energy standard as provided for in chapter 39-26 and the renewable energy program established

by section 39-2-1.2. The corporation may upon the request of any person undertaking a renewable

energy facility project, grant project status to the project, and a renewable energy facility project,

which is given project status by the corporation, shall be deemed an energy project of the

corporation.

      (d) Duties. - The corporation shall, with regards to renewable energy project investment:

      (1) Establish by rule, in consultation with the office, standards for financing renewable

energy projects from diverse sources.

      (2) Enter into agreements, consistent with this chapter and renewable energy investment

plans adopted by the office, to provide support to renewable energy projects that meet applicable

standards established by the corporation. Said agreements may include contracts with

municipalities and public corporations.

      (e) Conduct of activities.

      (1) To the extent reasonable and practical, the conduct of activities under the provisions

of this chapter shall be open and inclusive; the director shall seek, in addressing the purposes of

this chapter, to involve the research and analytic capacities of institutions of higher education

within the state, industry, advocacy groups, and regional entities, and shall seek input from

stakeholders including, but not limited to, residential and commercial energy users.

      (2) By January 1, 2009, the director shall adopt:

      (A) Goals for renewable energy facility investment which is beneficial, prudent, and

from diverse sources;

      (B) A plan for a period of five (5) years, annually upgraded as appropriate, to meet the

aforementioned goals; and

      (C) Standards and procedures for evaluating proposals for renewable energy projects in

order to determine the consistency of proposed projects with the plan.

      (f) Reporting. - On March 1, of each year after the effective date of this chapter, the

corporation shall submit to the governor, the president of the senate, the speaker of the house of

representatives, and the secretary of state, a financial and performance report. These reports shall

be posted electronically on the general assembly and the secretary of state's websites as

prescribed in section 42-20-8.2. The reports shall set forth:

      (1) The corporation's receipts and expenditures in each of the renewable energy program

funds administered in accordance with this section.

      (2) A listing of all private consultants engaged by the corporation on a contract basis and

a statement of the total amount paid to each private consultant from the two (2) renewable energy

funds administered in accordance with this chapter; a listing of any staff supported by these

funds, and a summary of any clerical, administrative or technical support received; and

      (3) A summary of performance during the prior year including accomplishments and

shortcomings; project investments, the cost-effectiveness of renewable energy investments by the

corporation; and recommendations for improvement.

 

     42-64-14. Relations with state agencies. -- (a) In planning and carrying out projects, the

Rhode Island economic development commerce corporation shall conform to the applicable

provisions of the state guide plan as that plan may from time to time be altered or amended. In

determining whether its proposed projects are in conformity with the state guide plan, the

corporation and all persons dealing with it shall be entitled to rely upon a written statement signed

by its chairperson or vice-chairperson of the state planning council to the effect that the proposed

project conforms to the state guide plan. If the corporation shall submit to the state planning

council a written request for this determination accompanied by a general description of a

proposed project describing in reasonable detail its location, nature, and size, and the state

planning council shall not within forty-five (45) days after the receipt of this written request issue

its written statement to the effect that the proposed project conforms or does not conform to the

state guide plan as the case may be, then conformity of the proposed project with the state guide

plan shall be conclusively presumed. A written statement issued by the state planning council to

the effect that a proposed project does not conform to the state guide plan shall state the respects

in which conformity is lacking.

      (b) In planning and carrying out projects, the corporation shall conform to the applicable

provisions of chapter 23 of title 46.

      (c) The corporation is authorized and empowered to acquire and to dispose of real

property, subject to the provisions of this chapter, without the necessity of obtaining the approval

of the state properties committee or otherwise complying with the provisions of title 37.

 

     42-64-15. Bonds and notes of the corporation. -- (a) The Rhode Island economic

development commerce corporation shall have the power and is authorized to issue from time to

time its negotiable bonds and notes in one or more series in any principal amounts as in the

opinion of the corporation shall be necessary to provide sufficient funds for achieving its

purposes, including the payment of interest on bonds and notes of the corporation, the

establishment of reserves to secure those bonds and notes (including the reserve funds created

pursuant to section 42-64-18), and the making of all other expenditures of the corporation

incident to and necessary or convenient to carrying out its corporate purposes and powers.

      (b) All bonds and notes issued by the corporation may be secured by the full faith and

credit of the corporation or may be payable solely out of the revenues and receipts derived from

the lease, mortgage, or sale by the corporation of its projects or of any part of its projects, or from

any other revenues or from repayment from any loans made by the corporation with regard to any

of its projects or any part of its projects, all as may be designated in the proceedings of the

corporation under which the bonds or notes shall be authorized to be issued. The bonds and notes

may be executed and delivered by the corporation at any time from time to time, may be in any

form and denominations and of any tenor and maturities, and may be in bearer form or in

registered form, as to principal and interest or as to principal alone, all as the corporation may

determine.

      (c) Bonds may be payable in any installments, and at times not exceeding fifty (50) years

from their date, as shall be determined by the corporation.

      (d) Except for notes issued pursuant to section 42-64-16, notes, and any renewals, may

be payable in any installments and at any times not exceeding ten (10) years from the date of the

original issue of the notes, as shall be determined by the corporation.

      (e) Bonds and notes may be payable at any places, whether within or outside of the state,

may bear interest at any rate or rates payable at any time or times and at any place or places and

evidenced in any manner, and may contain any provisions not inconsistent with this section, all as

shall be provided in the proceedings of the corporation under which they shall be authorized to be

issued.

      (f) There may be retained by provision made in the proceedings under which any bonds

or notes of the corporation are authorized to be issued an option to redeem all or any part of these

bonds or notes, at any prices and upon any notice, and on any further terms and conditions as

shall be set forth on the record of the proceedings and on the face of the bonds or notes.

      (g) Any bonds or notes of the corporation may be sold from time to time at those prices,

at public or private sale, and in any manner as shall be determined by the corporation, and the

corporation shall pay all expenses, premiums, and commissions that it shall deem necessary or

advantageous in connection with the issuance and sale of these bonds and notes.

      (h) Moneys of the corporation, including proceeds from the sale of bonds or notes, and

revenues, receipts and income from any of its projects or mortgages, may be invested and

reinvested in any obligations, securities, and other investments consistent with this section as

shall be specified in the resolutions under which the bonds or notes are authorized.

      (i) Issuance by the corporation of one or more series of bonds or notes for one or more

purposes shall not preclude it from issuing other bonds or notes in connection with the same

project or any other project, but the proceedings whereunder any subsequent bonds or notes may

be issued shall recognize and protect a prior pledge or mortgage made for a prior issue of bonds

or notes unless in the proceedings authorizing that prior issue the right is reserved to issue

subsequent bonds or notes on a parity with that prior issue.

      (j) The corporation is authorized to issue bonds or notes for the purpose of refunding its

bonds or notes then outstanding, including the payment of any redemption premium and any

interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or

maturity of the bonds or notes, and, if deemed advisable by the corporation, for the additional

purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating,

or improving any project, or the making of loans on any project. The proceeds of bonds or notes

issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion

of the corporation, to the purchase, retirement at maturity, or redemption of the outstanding bonds

or notes either on their earliest or a subsequent redemption date, and may, pending that

application, be placed in escrow. Those escrowed proceeds may be invested and reinvested in

obligations of or guaranteed by the United States, or in certificates of deposit or time deposits

secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at

any time or times as shall be appropriate to assure the prompt payment, as to principal, interest,

and redemption premium, if any, of the outstanding bonds or notes to be so refunded. The

interest, income and profits, if any, earned or realized on the investment may also be applied to

the payment of the outstanding bonds or notes to be so refunded. After the terms of the escrow

have been fully satisfied and carried out, any balance of the proceeds and interest, income and

profits, if any, earned or realized on the investments may be returned to the corporation for use by

it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the

additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing,

rehabilitating, developing, or improving any project, or the making of loans on any project, may

be invested and reinvested in any obligations, securities, and other investments consistent with

this section as shall be specified in the resolutions under which those bonds or notes are

authorized and which shall mature not later than the times when those proceeds will be needed for

those purposes. The interest, income and profits, if any, earned or realized on those investments

may be applied to the payment of all parts of the costs, or to the making of loans, or may be used

by the corporation otherwise in furtherance of its purposes. All bonds or notes shall be issued and

secured and shall be subject to the provisions of this chapter in the same manner and to the same

extent as any other bonds or notes issued pursuant to this chapter.

      (k) The directors, the executive director of the corporation, and other persons executing

bonds or notes shall not be subject to personal liability or accountability by reason of the issuance

of these bonds and notes.

      (l) Bonds or notes may be issued under the provisions of this chapter without obtaining

the consent of any department, division, commission, board, body, bureau, or agency of the state,

and without any other proceedings or the happening of any conditions or things other than those

proceedings, conditions, or things which are specifically required by this chapter and by the

provisions of the resolution authorizing the issuance of bonds or notes or the trust agreement

securing them.

      (m) The corporation, subject to any agreements with note holders or bondholders as may

then be in force, shall have power out of any funds available therefor to purchase bonds or notes

of the corporation, which shall thereupon be cancelled, at a price not exceeding:

      (1) If the bonds or notes are then redeemable, the redemption price then applicable plus

accrued interest to the next interest payment date; or

      (2) If the bonds or notes are not then redeemable, the redemption price applicable on the

earliest date that the bonds or notes become subject to redemption, plus the interest that would

have accrued to that date.

      (n) Whether or not the bonds and notes are of a form and character as to be negotiable

instruments under the terms of the Rhode Island Uniform Commercial Code, title 6A, the bonds

and notes are hereby made negotiable instruments within the meaning of and for all the purposes

of the Rhode Island Uniform Commercial Code, subject only to the provisions of the bonds and

notes for registration.

      (o) If a director or officer of the corporation whose signature appears on bonds, notes, or

coupons shall cease to be a director or officer before the delivery of those bonds or notes, that

signature shall, nevertheless, be valid and sufficient for all purposes, the same as if the director or

officer had remained in office until the delivery.

 

     42-64-16. Short-term notes. -- Money borrowed by the Rhode Island economic

development commerce corporation for the purpose of providing temporary financing of a project

or projects or combination of projects pending the issuance of bonds or other notes, shall be

evidenced by notes or other obligations. The principal and interest of all notes or other obligations

of the corporation issued under the provisions of this section shall be payable no later than the

fourth anniversary of the date of their issue, and shall be payable from the following: (1) from the

proceeds of bonds subsequently issued; or (2) from the proceeds of subsequent borrowings which

comply with the provisions hereof; or (3) from general revenues of the corporation which may be

equal and proportionate with, but not superior to, that securing bonds then outstanding or

subsequently issued. Notwithstanding any other provisions of this chapter, all these notes shall be

deemed to be negotiable instruments under the laws of the state of Rhode Island subject only to

the provisions for registration contained in those laws. The notes or other obligations or any issue

of these shall be in a form and contain any other provisions as the corporation may determine and

the notes or resolutions or proceedings authorizing the notes or other obligations or any issue of

these may contain, in addition to any provisions, conditions, covenants, or limitations authorized

by this chapter, any provisions, conditions, covenants, or limitations which the corporation is

authorized to include in any resolution or resolutions authorizing bonds or notes or in any trust

indenture relating to bonds or notes. The corporation may issue the notes or other obligations in

any manner either publicly or privately on any terms as it may determine to be in its best

interests. These notes or other obligations may be issued under the provisions of this chapter

without obtaining the consent of any department, division, commission, board, body, or agency of

the state, without any other proceedings or the happening of any conditions or things other than

those proceedings, conditions, or things which are specifically required by this chapter and by the

provisions and resolutions authorizing the issuance of the notes or obligations.

 

     42-64-17. Security for bonds or notes. -- (a) The principal of and interest on any bonds

or notes issued by the Rhode Island economic development commerce corporation may be

secured by a pledge of any revenues and receipts of the corporation and may be secured by a

mortgage or other instrument covering all or any part of one or more projects, including all or part

of any additions, improvements, extensions to, or enlargements of projects thereafter made.

      (b) Bonds or notes issued for the acquisition, construction, reconstruction, rehabilitation,

development, or improvement of one or more projects may also be secured by an assignment of

leases of, or mortgages on, or contracts of sale or loan agreements with regard to the project or

projects and by an assignment of the revenues, receipts, payments, or repayments derived by the

corporation from those leases, mortgages, sales agreements, or loan agreements.

      (c) The resolution under which the bonds or notes are authorized to be issued and any

mortgage, lease, sales agreement, or loan agreement, or other instrument may contain agreements

and provisions respecting the maintenance of the projects covered thereby, the fixing and

collection of rents, payments or repayments or other revenues, including moneys received in

repayment of loans, and interest on the loans, the creation and maintenance of special funds from

rents or other revenues and the rights and remedies available in the event of default, all as the

corporation shall deem advisable.

      (d) Each pledge, agreement, mortgage, or other instrument made for the benefit or

security of any of the bonds or notes of the corporation shall be valid and binding from the time

the pledge is made and shall continue in effect until the principal of and interest on the bonds or

notes for the benefit of which the pledge was made has been fully paid, or until provision has

been made for the payment in the manner provided in the resolutions under which those bonds or

notes were authorized. The revenues, moneys, or property pledged by the corporation shall

immediately be subject to the lien of that pledge without any physical delivery thereof or further

act, and the lien of the pledge shall be valid and binding as against all parties having claims of

any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties

have notice thereof. Neither the resolution nor any other instrument by which a pledge is created

need be recorded.

      (e) The corporation may provide in any proceedings under which bonds or notes may be

authorized that any project or part of a project may be constructed, reconstructed, rehabilitated, or

improved by the corporation, or any lessee, vendee, obligor, or any designee of the corporation

and may also provide in those proceedings for the time and manner of and requisitions for

disbursements to be made for the cost of the construction, and for any certificates and approvals

of construction and disbursements that the corporation shall deem necessary and provide for in

those proceedings.

      (f) Any resolution under which bonds or notes of the corporation are authorized to be

issued (and any trust indenture established thereby) may contain provisions for vesting in a

trustee or trustees those properties, rights, powers, and duties in trust that the corporation may

determine, including any or all of the rights, powers, and duties of the trustee appointed by the

holders of any issue of bonds or notes pursuant to section 42-64-25, in which event the provisions

of section 42-64-25 authorizing the appointment of a trustee by holders of bonds or notes shall

not apply.

 

     42-64-18. Reserve funds and appropriations. -- To assure the continued operation and

solvency of the Rhode Island economic development commerce corporation for the carrying out

of its corporate purposes:

      (1) The corporation may create and establish one or more special funds, "capital reserve

funds", and may pay into each capital reserve fund: (i) any moneys appropriated and made

available by the state for the purpose of the fund; (ii) proceeds from the sale of notes or bonds to

the extent provided in the resolution or resolutions of the corporation authorizing the issuance

thereof; and (iii) any other moneys that may be made available to the corporation for the purpose

of that fund from any other source. All moneys held in a capital reserve fund, except as provided,

shall be used solely for the payment of the principal of bonds secured in whole or in part by that

fund or of the sinking fund payments hereinafter mentioned with respect to the bonds, the

purchase or redemption of the bonds, the payment of interest on the bonds or the payment of any

redemption premium required to be paid when the bonds are redeemed prior to maturity;

provided, that moneys in the fund shall not be withdrawn (except for the purpose of making (with

respect to bonds secured in whole or in part by the fund) payment when due of principal, interest,

redemption premiums, and the sinking fund payments hereinafter mentioned, for the payment of

which other moneys of the corporation are not available) if the withdrawal would reduce the

amount of the fund to less than the minimum capital reserve requirement established for the fund

as provided in this section. Any income or interest earned by, or incremental to, any capital

reserve fund due to the investment of the funds may be transferred by the corporation to other

funds or accounts of the corporation if the transfer would not reduce the amount of the capital

reserve fund below the minimum capital reserve fund requirement for the fund;

      (2) The corporation shall not at any time issue bonds secured in whole or in part by a

capital reserve fund if, upon the issuance of the bonds, the outstanding principal balance of such

bonds would exceed the sum of two hundred fifty million dollars ($250,000,000), or the amount

of the capital reserve fund would be less than the minimum capital reserve required for the fund,

unless the corporation, at the time of issuance of the bonds, shall deposit in the fund from the

proceeds of the bonds to be issued, or from other sources, an amount that, together with the

amount then in the fund, is not less than the minimum capital reserve fund requirement for the

fund. For the purpose of this section, the term "minimum capital reserve fund requirement"

means, as of any particular date of computation, an amount of money, as provided in the

resolution or resolutions of the corporation authorizing the bonds or notes with respect to which

the fund is established, equal to not more than the greatest of the respective amounts, for the

current or any future fiscal year of the corporation, of annual debt service on the bonds of the

corporation secured in whole or in part by the fund, the annual debt service for any fiscal year

being the amount of money equal to the sum of: (i) the interest payable during the fiscal year on

all bonds secured in whole or in part by the fund outstanding on the date of computation plus; (ii)

the principal amount of all the bonds and bond anticipation notes outstanding on the date of

computation that mature during the fiscal year; plus (iii) all amounts specified in any resolution of

the corporation authorizing the bonds as payable during the fiscal year as a sinking fund payment

with respect to any of the bonds that mature after the fiscal year, all calculated on the assumption

that the bonds will after the date of computation cease to be outstanding by reason, but only by

reason, of the payment of bonds when due and application in accordance with the resolution

authorizing those bonds of all of the sinking fund payments payable at or after the date of

computation;

      (3) In computing the amount of the capital reserve funds for the purpose of this section,

securities in which all or a portion of the funds shall be invested, shall be valued as provided in

the proceedings under which the bonds are authorized but in no event shall be valued at a value

greater than par;

      (4) In order further to assure the continued operation and solvency of the corporation for

the carrying out of its corporate purposes, the executive director shall annually, on or before

December first, make and deliver to the governor a certificate stating the sum, if any, required to

restore each capital reserve fund to the minimum capital reserve fund requirement for the fund.

During each January session of the general assembly, the governor shall submit to the general

assembly printed copies of a budget including the total of the sums, if any, as part of the

governor's budget required to restore each capital reserve fund to the minimum capital reserve

fund requirement for the fund. All sums appropriated by the general assembly for this purpose,

and paid to the corporation, if any, shall be deposited by the corporation in the applicable capital

reserve fund;

      (5) All amounts paid over to the corporation by the state pursuant to the provisions of

this section shall constitute and be accounted for as advances by the state to the corporation and,

subject to the rights of the holders of any bonds or notes of the corporation issued before or after,

shall be repaid to the state without interest from all available operating revenues of the

corporation in excess of amounts required for the payment of bonds, notes, or other obligations of

the corporation, the capital reserve funds and operating expenses;

      (6) The corporation may create and establish any other fund or funds as may be

necessary or desirable for its corporate purposes;

      (7) The corporation may by resolution permit the issuance of bonds and notes to carry

out the purposes of this chapter without establishing a capital reserve fund pursuant to this section

and without complying with the limitations set forth in this section. Bonds and notes issued

pursuant to this subdivision may be secured by any other funds or methods as the corporation

may in its discretion determine by resolution. ;

      (8) On or before January 1 of each year, the Rhode Island economic development

commerce corporation shall issue a report on all such bonds issued by the corporations. The

report shall include at a minimum the following: a list of each bond issued; the purpose of each

bond issued; the amount of each bond issued; the amount of principal and interest of each bond

issued paid to date; the outstanding principal balance of each bond issued; and the total

outstanding principal balance of all such bonds issued subject to this section. The report shall be

transmitted to the chairpersons of the house and senate finance committees, with copies to the

house and senate fiscal advisors.

 

     42-64-19. Trust funds. -- All moneys received pursuant to the authority of this chapter,

whether as proceeds from the sale of bonds or notes or as revenues, receipts, or income, and

moneys held by the Rhode Island economic development commerce corporation in the tire site

remediation account established pursuant to section 23-63-4.1, shall be trust funds to be held and

applied solely as provided in the proceedings under which the bonds or notes are authorized. Any

officer with whom or any bank or trust company with which the moneys shall be deposited as

trustee shall hold and apply the moneys for the purposes thereof, subject to the applicable

provisions of this chapter, the proceedings authorizing the bonds or notes and the trust agreement

securing the bonds or notes, if any.

 

     42-64-20. Exemption from taxation. -- (a) The exercise of the powers granted by this

chapter will be in all respects for the benefit of the people of this state, the increase of their

commerce, welfare, and prosperity and for the improvement of their health and living conditions

and will constitute the performance of an essential governmental function and the corporation

shall not be required to pay any taxes or assessments upon or in respect of any project or of any

property or moneys of the Rhode Island ECONOMIC DEVELOPMENT COMMERCE

CORPORATION, levied by any municipality or political subdivision of the state; provided, that

the corporation shall make payments in lieu of real property taxes and assessments to

municipalities and political subdivisions with respect to projects of the corporation located in the

municipalities and political subdivisions during those times that the corporation derives revenue

from the lease or operation of the projects. Payments in lieu of taxes shall be in amounts agreed

upon by the corporation and the affected municipalities and political subdivisions. Failing the

agreement, the amounts of payments in lieu of taxes shall be determined by the corporation using

a formula that shall reasonably ensure that the amounts approximate the average amount of real

property taxes due throughout the state with respect to facilities of a similar nature and size. Any

municipality or political subdivision is empowered to accept at its option an amount of payments

in lieu of taxes less than that determined by the corporation. If, pursuant to section 42-64-13(f),

the corporation shall have agreed with a municipality or political subdivision that it shall not

provide all of the specified services, the payments in lieu of taxes shall be reduced by the cost

incurred by the corporation or any other person in providing the services not provided by the

municipality or political subdivision.

      (b) The corporation shall not be required to pay state taxes of any kind, and the

corporation, its projects, property, and moneys and, except for estate, inheritance, and gift taxes,

any bonds or notes issued under the provisions of this chapter and the income (including gain

from sale or exchange) from these shall at all times be free from taxation of every kind by the

state and by the municipalities and all political subdivisions of the state. The corporation shall not

be required to pay any transfer tax of any kind on account of instruments recorded by it or on its

behalf.

      (c) For purposes of the exemption from taxes and assessments upon or in respect of any

project under subsections (a) or (b) of this section, the corporation shall not be required to hold

legal title to any real or personal property, including any fixtures, furnishings or equipment which

are acquired and used in the construction and development of the project, but the legal title may

be held in the name of a lessee (including sublessees) from the corporation. This property, which

shall not include any goods or inventory used in the project after completion of construction, shall

be exempt from taxation to the same extent as if legal title of the property were in the name of the

corporation; provided that the board of directors of the corporation adopts a resolution confirming

use of the tax exemption for the project by the lessee. Such resolution shall not take effect until

thirty (30) days from passage. The resolution shall include findings that: (1) the project is a

project of the corporation under section 42-64-3(20), and (2) it is in the interest of the corporation

and of the project that legal title be held by the lessee from the corporation. In adopting the

resolution, the board of directors may consider any factors it deems relevant to the interests of the

corporation or the project including, for example, but without limitation, reduction in potential

liability or costs to the corporation or designation of the project as a "Project of Critical Economic

Concern" pursuant to Chapter 117 of this title.

      (d) For purposes of the exemption from taxes and assessments for any project of the

corporation held by a lessee of the corporation under subsection (c) of this section, any such

project shall be subject to the following additional requirements:

      (1) The total sales tax exemption benefit to the lessee will be implemented through a

reimbursement process as determined by the division of taxation rather than an up-front purchase

exemption;

      (2) The sales tax benefits granted pursuant to RIGL 42-64-20(c) shall only apply to

project approved prior to July 1, 2011 and shall: (i) only apply to materials used in the

construction, reconstruction or rehabilitation of the project and to the acquisition of furniture,

fixtures and equipment, except automobiles, trucks or other motor vehicles, or materials that

otherwise are depreciable and have a useful life of one year or more, for the project for a period

not to exceed six (6) months after receipt of a certificate of occupancy for any given phase of the

project for which sales tax benefits are utilized; and (ii) not exceed an amount equal to the income

tax revenue received by the state from the new full-time jobs with benefits excluding project

construction jobs, generated by the project within a period of three (3) years from after the receipt

of a certificate of occupancy for any given phase of the project. "Full- time jobs with benefits"

means jobs that require working a minimum of thirty (30) hours per week within the state, with a

median wage that exceeds by five percent (5%) the median annual wage for the preceding year

for full-time jobs in Rhode Island, as certified by the department of labor and training with a

benefit package that is typical of companies within the lessee's industry. The sales tax benefits

granted pursuant to Rhode Island general laws subsection 42-64-20(c) shall not be effective for

projects approved on or after July 1, 2011.

      (3) The corporation shall transmit the analysis required by RIGL 42-64-10(a)(2) to the

house and senate fiscal committee chairs, the department of labor and training and the division of

taxation promptly upon completion. Annually thereafter, the department of labor and training

shall certify to the house and senate fiscal committee chairs, the house and senate fiscal advisors,

the corporation and the division of taxation the actual number of new full-time jobs with benefits

created by the project, in addition to construction jobs, and whether such new jobs are on target to

meet or exceed the estimated number of new jobs identified in the analysis above. This

certification shall no longer be required when the total amount of new income tax revenue

received by the state exceeds the amount of the sales tax exemption benefit granted above.

      (4) The department of labor and training shall certify to the house and senate fiscal

committee chairs and the division of taxation that jobs created by the project are "new jobs" in the

state of Rhode Island, meaning that the employees of the project are in addition to, and without a

reduction of, those employees of the lessee currently employed in Rhode Island, are not relocated

from another facility of the lessee's in Rhode Island or are employees assumed by the lessee as

the result of a merger or acquisition of a company already located in Rhode Island. Additionally,

the corporation, with the assistance of the lessee, the department of labor and training, the

department of human services and the division of taxation shall provide annually an analysis of

whether any of the employees of the project qualify for RIte Care or RIte Share benefits and the

impact such benefits or assistance may have on the state budget.

      (5) Notwithstanding any other provision of law, the division of taxation, the department

of labor and training and the department of human services are authorized to present, review and

discuss lessee specific tax or employment information or data with the corporation, the house and

senate fiscal committee chairs, and/or the house and senate fiscal advisors for the purpose of

verification and compliance with this resolution; and

      (6) The corporation and the project lessee shall agree that, if at any time prior to the state

recouping the amount of the sales tax exemption through new income tax collections from the

project, not including construction job income taxes, the lessee will be unable to continue the

project, or otherwise defaults on its obligations to the corporation, the lessee shall be liable to the

state for all the sales tax benefits granted to the project plus interest, as determined in RIGL 44-1-

7, calculated from the date the lessee received the sales tax benefits.

 

     42-64-21. Notes and bonds as legal investments. -- The notes and bonds of the Rhode

Island economic development commerce corporation are made securities in which all public

officers and bodies of this state and all municipalities and municipal subdivisions, all insurance

companies and associations, and other persons carrying on an insurance business, all banks,

bankers, trust companies, saving banks and saving associations, including savings and loan

associations, building and loan associations, investment companies, and other persons carrying on

a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all

other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other

obligations of the state, may properly and legally invest funds, including capital, in their control

or belonging to them.

 

     42-64-22. Agreement of the state. -- The state does pledge to and agree with the holders

of any bonds or notes issued under this chapter that the state will not limit or alter the rights

vested in the Rhode Island economic development commerce corporation to fulfill the terms of

any agreements made with the holders until the bonds or notes, together with the interest on these

bonds and notes, with interest on any unpaid installments of interest, and all costs and expenses in

connection with any action or proceeding by or on behalf of the holders, are fully met and

discharged. The corporation is authorized to include this pledge and agreement of the state in any

agreement with the holders of the bonds or notes.

 

     42-64-23. Credit of state. -- (a) Obligations issued under the provisions of this chapter,

except those obligations secured by mortgages which are insured by the industrial building

authority, shall not constitute a debt, liability or obligation of the state or of any political

subdivision of the state other than the Rhode Island economic development commerce

corporation or a pledge of the faith and credit of the state or any political subdivision other than

the corporation but shall be payable solely from the revenues or assets of the corporation. Each

obligation issued under this chapter, except those obligations secured by mortgages which are

insured by the industrial building authority, shall contain on its face a statement to the effect that

the corporation shall not be obligated to pay the obligation or interest on the obligation except

from revenues or assets pledged therefor and that neither the faith and credit nor the taking power

of the state or any political subdivision of the state other than the corporation is pledged to the

payment of the principal of or the interest on the obligation.

      (b) Obligations issued under the provisions of this chapter which are secured by

mortgages insured by the industrial building authority, in addition to being payable from the

revenues or assets of the corporation, shall be secured by a pledge of the faith and credit of the

state consistent with the terms and limitations of chapter 34 of this title.

 

     42-64-25. Remedies of bondholders and note-holders. -- (a) In the event that the Rhode

Island economic development commerce corporation shall default in the payment of principal of

or interest on any bonds or notes issued under this chapter after the bonds or notes shall become

due, whether at maturity or upon call for redemption, and the default shall continue for a period

of thirty (30) days, or in the event that the corporation shall fail or refuse to comply with the

provisions of this chapter, or shall default in any agreement made with the holders of an issue of

bonds or notes of the corporation the holders of twenty-five percent (25%) in aggregate principal

amount of the bonds or notes of an issue then outstanding, by instrument or instruments filed in

the office of the secretary of state and proved or acknowledged in the same manner as a deed to

be recorded, may appoint a trustee to represent the holders of the bonds or notes for the purposes

provided in this section.

      (b) The trustee may, and upon written request of the holders of twenty-five percent

(25%) in principal amount of the bonds or notes then outstanding shall, in the trustee's own name:

      (1) Enforce all rights of the bondholders or note-holders, including the right to require

the corporation to collect rent, interest repayments and payments on the leases, mortgages, loan

agreements and sales agreements held by it adequate to carry out any agreement as to, or pledge

of, rent, interest repayments and payments, and to require the corporation to carry out any other

agreements with the holders of the bonds or notes and to perform its duties under this chapter;

      (2) Enforce all rights of the bondholders or note-holders so as to carry out any contract

as to, or pledge of, revenues, and to require the corporation to carry out and perform the terms of

any contract with the holders of its bonds or notes or its duties under the chapter;

      (3) Bring suit upon all or any part of the bonds or notes;

      (4) By action or suit, require the corporation to account as if it were the trustee of an

express trust for the holders of the bonds or notes;

      (5) By action or suit, enjoin any acts or things which may be unlawful or in violation of

the rights of the holders of the bonds or notes;

      (6) Declare all the bonds or notes due and payable and, if all defaults shall be made

good, then, with the consent of the holders of twenty-five percent (25%) of the principal amount

of the bonds or notes then outstanding, to annul the declaration and its consequences.

      (c) The trustee shall, in addition to the foregoing, have and possess all the powers

necessary or appropriate for the exercise of any functions specifically set forth in this section or

incident to the general representation of bondholders or note-holders in the enforcement and

protection of their rights.

      (d) Before declaring the principal of bonds or notes due and payable, the trustee shall

first give thirty (30) days' notice, in writing, to the governor of the state and to the corporation.

      (e) The superior court of Providence County shall have jurisdiction of any suit, action, or

proceeding by the trustee on behalf of bondholders or note-holders.

 

     42-64-26. Authorization to accept appropriated moneys. -- The Rhode Island

economic development commerce corporation is authorized to accept any moneys as may be

appropriated from time to time by the general assembly for effectuating its corporate purposes

including, without limitation, the payment of the initial expenses of administration and operation

and the establishment of reserves or contingency funds to be available for the payment of the

principal of and the interest on any bonds, notes or other obligations of the corporation.

 

     42-64-27. Assistance by state officers, departments, boards and commission. -- (a)

All state agencies may render any services to the Rhode Island economic development commerce

corporation within their respective functions as may be requested by the corporation.

      (b) Upon request of the corporation, any state agency is authorized and empowered to

transfer to the corporation any officers and employees as it may deem necessary from time to

time to assist the corporation in carrying out its functions and duties under this chapter. Officers

and employees so transferred shall not lose their civil service status or rights.

 

     42-64-28. Annual financial reports and performance report. -- (a) The board shall

approve and the Rhode Island economic development commerce corporation shall submit to the

governor, the president of the senate, the speaker of the house of representatives, and the

secretary of state, within eleven (11) months after the close of its fiscal year, complete and

detailed financial reports and a performance report. These reports shall cover the corporation and

its subsidiaries and shall be posted electronically on the general assembly and the secretary of

state's websites as prescribed in section 42-20-8.1.

      (b) The financial reports shall set forth the corporation's:

      (1) Operations;

      (2) Receipts and expenditures during the fiscal year in accordance with the categories

and classifications established by the corporation for its operating and capital outlay purposes

including a listing of all private consultants engaged by the corporation on a contract basis and a

statement of the total amount paid to each private consultant, a listing of any staff supported by

these funds, and a summary of any clerical, administrative or technical support received;

      (3) Assets and liabilities at the end of its fiscal year including a schedule of its leases and

mortgages and the status of the reserve, special or other funds;

      (4) Schedule of the bonds and notes outstanding at the end of its fiscal year together with

a statement of amounts redeemed and incurred during the fiscal year;

      (5) The reports shall be prepared by independent certified public accountants in

accordance with generally accepted principles of accounting.

      (c) The performance report shall include:

      (1) A summary of performance during the previous fiscal year including

accomplishments, shortcomings in general and relative to plan, and actions to be taken to remedy

such shortcomings;

      (2) For all board meetings and public hearings held by the corporation: the subjects

addressed, decisions rendered, actions considered and their disposition; and, the minutes of these

meetings and hearings if requested by the governor, the president of the senate, the speaker of the

house of representatives, or the secretary of state;

      (3) Rules or regulations promulgated by the board or corporation, a summary of studies

conducted, policies and plans developed, approved, or modified, and programs administered,

initiated or terminated;

      (4) A synopsis of hearings, complaints, suspensions, or other legal matters related to the

authority of the board or corporation;

      (5) A summary of any training courses held pursuant to subdivision 42-64-8(a)(4);

      (6) A briefing on anticipated plans and activities in the upcoming fiscal year; and

findings and recommendations for improvements. ;

      (7) Compliance with the reporting requirements of the general laws.

      (d) The director of the department of administration shall be responsible for the

enforcement of the provisions of this section.

 

     42-64-29. Inventory of development sites. -- (a) The Rhode Island economic

development commerce corporation, in coordination with the statewide planning program, shall

maintain an inventory of potential sites for development and act as a clearinghouse for investors

and businesses that want to expand or locate in Rhode Island.

      (b) Further, the corporation, in coordination with Rhode Island municipalities and local

or regional development agencies, shall promote the re-use of abandoned and distressed industrial

properties in the State, specifically those designated as brownfields and certified mill buildings.

      (c) The corporation shall create a program of marketing for underutilized or abandoned

sites as identified by the department of environmental management in section 23-19-14.5(d).

      (d) The corporation shall, in cooperation with the department of environmental

management, assist prospective Brownfield redevelopment developers in identifying and securing

public and private funding sources for Brownfield redevelopment projects.

 

     42-64-31. Other statutes. -- Nothing contained in this chapter shall restrict or limit the

powers of the Rhode Island economic development commerce corporation arising under any laws

of this state except where those powers are expressly contrary to the provisions of this chapter;

provided, however, that the corporation 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 general assembly.

Except as otherwise provided, this chapter shall be construed to provide a complete additional

and alternative method for doing the things authorized hereby and shall be regarded as

supplemental and in addition to the powers conferred by other laws. The issuance of all bonds,

notes, and other obligations of the corporation under the provisions of this chapter need not

comply with the requirements of any other statute applicable to the issuance of bonds, notes and

obligations, and contracts for the construction and acquisition of any project undertaken pursuant

to this chapter need not comply with any provision of any other state law applicable to contracts

for the construction and acquisition of state owned property, except that the provisions of section

37-13-1 et seq. (prevailing wage); section 37-16-2 et seq. (public works arbitration); and section

37-12-1 et seq. (contractors' bonds) for the construction and acquisition of state or municipally

owned property shall be applicable. No proceedings or notice of approval shall be required for the

issuance of any bonds, notes, and other obligations or any instrument of security except as

provided in this chapter.

 

     42-64-34. Appointment of small business advocate. -- (a) The director of the Rhode

Island economic development commerce corporation shall appoint a staff person to serve as the

small business advocate.

      (b) The small business advocate shall:

      (1) Identify and convey specific concerns raised by small business in providing notice to

the state agency proposing the regulation;

      (2) Inform businesses regarding proposed regulation that may have a significant adverse

economic impact; and

      (3) Formulate policies and procedures in accordance with chapter 35 of this title.

      (c) The small business advocate may request from any government agency, and the

agency is authorized and directed to provide, any cooperation and assistance, services, and data as

will enable the small business advocate to properly perform or exercise any of his or her

functions, duties, and powers under this chapter.

 

     SECTION 4. Section 42-64.3-3.1 of the General Laws in Chapter 42-64.3 entitled

"Distressed Areas Economic Revitalization Act" is hereby amended to read as follows:

 

     42-64.3-3.1. Enterprise zone council. -- (a) There is created within the Rhode Island

economic development commerce corporation the "enterprise zone council," which shall consist

of five (5) members to be appointed by the governor; one member shall be the executive director

of the Rhode Island economic development commerce corporation; one member shall represent

the urban league of Rhode Island; one member shall represent the Rhode Island League of Cities

and Towns; and two (2) members from the general public. The governor shall designate one

member to serve as chairperson of the enterprise zone council.

      (b) The members shall be appointed for terms of five (5) years each; provided, however,

of the members originally appointed, one shall be appointed for a term of one year, one shall be

appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, one

shall be appointed for a term of four (4) years and one shall be appointed for a term of five (5)

years.

      (c) In carrying out its powers and duties under this chapter, the council shall utilize the

staffs and resources of the division of statewide planning and the Rhode Island economic

development corporation. Those agencies and other departments and agencies of state

government shall cooperate with the council in carrying out its mandate under this chapter.

      (d) The council shall promulgate rules and regulations necessary to implement the intent

of this chapter.

     (e) Transfer of functions from the Rhode Island economic development corporation

enterprise zone council. – All functions formerly administered by the Rhode Island economic

development corporation's enterprise zone council are hereby transferred to the Rhode Island

commerce corporation.

 

     SECTION 5. Chapter 42-64 of the General Laws entitled "Rhode Island Economic

Development Corporation" is hereby amended by adding thereto the following sections:

 

     42-64-8.2. Role and responsibilities of board members. – (a) Board members of the

corporation shall:

     (1) Execute direct oversight of the corporation in the effective and ethical management of

the corporation;

     (2) Understand, review, and monitor the implementation of fundamental financial and

management controls and operational decisions of the corporation;

     (3) Adopt a code of ethics applicable to each officer, director and employee of the

corporation that, at a minimum, includes the standards established in chapter 36-14 ("Code of

Ethics");

     (4) Adopt a mission statement expressing the purpose and goals of the corporation, a

description of the stakeholders of the corporation and their reasonable expectations from the

corporation;

     (5) Adopt and periodically update an indemnification policy which shall be set forth in

the bylaws of the corporation; and

     (6) Perform each of their duties as board members, including, but not limited to, those

imposed by this section, in good faith and with that degree of diligence, care, and skill which an

ordinarily prudent person in like position would use under similar circumstances and ultimately

apply independent judgment in the best interest of the corporation, its mission, and the public.

     (b) Board members of the corporation shall establish and maintain written policies and

procedures for the following:

     (1) Internal accounting and administrative controls in accordance with the provisions of

chapter 35-20 ("Public Corporation Financial Integrity and Accountability Act of 1995");

     (2) Travel, including lodging, meals, and incidental expenses, provided that no

reimbursement shall exceed the allowable state employee reimbursement amount per day;

     (3) Charitable and civic donations and/or contributions; provided, however, that all such

donations or contributions shall be voted by the full board during an open meeting and the vote

shall be recorded in the minutes of the meeting, together with:

     (i) The citation to the specific state statute authorizing the action;

     (ii) An explanation of how the donation or contribution relates to the mission of the

corporation;

     (iii) The identity of any board member or employee of the corporation that will receive

any benefit from the donation or contribution;

     (iv) Any disclosure required by chapter 36-14 ("Code of Ethics"); and

     (v) Each such donation or contribution shall be clearly identified in the financial

statements of the corporation.

     (4) Credit card use, provided, that pursuant to section 35-20-10, no credit card shall be

used for personal use;

     (5) Employee reimbursement, including requests by management for business expenses,

and expenses classified as gifts or entertainment;

     (6) Personnel, including hiring, dismissing, promoting, and compensating employees of

the corporation, and provided that no employee of the corporation shall be compensated for sick,

vacation, or other leave time to an extent greater than state employees;

     (7) Severance pay;

     (8) Marketing expenses; and

     (9) Lobbyists' expenses.

     (c) The written policies and procedures required by this section and any additional

written policies and procedures that the board may adopt shall be approved by the board during

an open meeting and the vote shall be recorded in the minutes of the meeting.

 

     42-64-8.3. Transparency requirements established. – The following records deemed

public under chapter 38-2 shall be available to the public upon request and posted directly on the

website of the corporation:

     (1) Job descriptions of the executive director and management;

     (2) Employment contracts of the executive director and management;

     (3) Quarterly financial statements produced in accordance with § 35-3-17.1;

     (4) Capital improvement plans;

     (5) Operating budgets;

     (6) Strategic plans;

     (7) Agendas and minutes of the open meetings of the board of the corporation and the

boards of the corporation's subsidiaries, provided, however, that this provision shall not apply to

the Quonset development corporation, the Rhode Island airport corporation, the I-195

redevelopment district and the East Providence waterfront district;

     (8) Quarterly reporting required by section 42-90-1;

     (9) All regulations of the corporation;

     (10) Enabling legislation;

     (11) Mission statement as required by subdivision 42-64-8.2(a)(4);

     (12) Board members;

     (13) Organizational chart;

     (14) Bylaws of the corporation; and

     (15) All reports and audits required by this chapter.

 

     42-64-31.1. Rules and regulations. – When issuing rules and regulations or any

amendments to rules and regulations or when adopting bylaws or amendments to bylaws, the

corporation shall be subject to the provisions of chapter 42-35 ("Administrative Procedures").

 

     42-64-36. Program accountability. -- The board of the Rhode Island commerce

corporation shall be responsible for establishing accountability standards, reporting standards and

outcome measurements for each of its programs to include, but not be limited to, the use of tax

credits, loans, loan guarantees and other financial transactions managed or utilized by the

corporation. Included in the standards shall be a set of principles and guidelines to be followed by

the board to include:

     (1) A set of outcomes against which the board will measure each program's and offering's

effectiveness;

     (2) A set of standards for risk analysis for all of the programs especially the loans and

loan guarantee programs; and

     (3) A process for reporting out all loans, loan guarantees and any other financial

commitments made through the corporation that includes the purpose of the loan, financial data

as to payment history and other related information.

     The board shall annually prepare a report starting in January 2015 which shall be

submitted to the house and senate. The report shall summarize the above listed information on

each of its programs and offerings and contain recommendations for modification, elimination or

continuation.

     The board shall coordinate its efforts with the office of revenue to not duplicate

information on the use of tax credits and other tax expenditures.

 

     42-64-37. Loan and loan guarantee programs. – (a) The board shall establish by

January, 2014 a risk management program for all loans, loan guarantees and all other financial

commitments into which the corporation enters. The program shall be established in conjunction

with the state's banking regulators and shall consist of at least the following components:

     (1) A set of principles and guidelines for providing any financial commitments to be

made by the corporation; and

     (2) A public process for providing financial commitments to include the formation of a

sub-committee of the board to review, analyze and approve all commitments. This process shall

include the formation of a sub-committee that consists of members of the board and other non-

board members that shall have no affiliation with the corporation or with the organization seeking

the financial commitment. The board shall appoint the non-board members. No employee of the

corporation shall be a member of the sub-committee. The sub-committee shall be required to

approve or reject the financial commitment in accordance with the set of principles established by

the board.

     (b) The board shall approve in public session all financial commitments after the sub-

committee has rendered its opinion regarding the commitment. The board shall opine that the

commitment meets the principles and guidelines established by the board.

     (c) The board shall annually audit and provide a risk analysis of all outstanding financial

commitments. The board shall engage an external firm qualified to conduct such analysis and

shall submit the report to the general assembly, chairs of the house finance committee and the

senate finance committee.

     (d) The board shall establish a monitoring process for each financial commitment which

shall be a part of the risk analysis report.

     (e) The board shall review the risk analysis report and make modifications to the financial

commitment as it deems necessary.

 

     42-64-38. Audit of the corporation. – (a) Commencing July 1, 2014, and every five (5)

years thereafter, the corporation shall be subject to a performance audit, conducted in compliance

with the generally accepted governmental auditing standards, by the bureau of audits or a

certified public accounting firm qualified in performance audits.

     (b) If the audit is not directly performed by his or her office, the selection of the auditor

and the scope of the audit shall be subject to the approval of the chief of the bureau of audits.

     (c) The audit shall be conducted in conformance with subsections 35-7-3(b) through (d). 

     (d) The results of the audit shall be made public upon completion, posted on the websites

of the bureau of audits and the corporation.

     (e) The corporation shall be responsible for all costs associated with the audit.

 

     SECTION 6. This act shall take on January 1, 2014.

     

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LC02350/SUB A

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