Chapter 222
2015 -- S 0973 SUBSTITUTE A
Enacted 07/10/2015

A N   A C T
RELATING TO PUBLIC PROPERTY AND WORKS - MANAGEMENT AND DISPOSAL OF PROPERTY

Introduced By: Senators Walaska, Paiva Weed, McCaffrey, and Lynch
Date Introduced: June 04, 2015

It is enacted by the General Assembly as follows:
     SECTION 1. Section 37-7-9 of the General Laws in Chapter 37-7 entitled "Management
and Disposal of Property" is hereby amended to read as follows:
     37-7-9. Concessions, leases, and licenses -- Reports. -- (a) The acquiring authority, with
the approval of the state properties committee, is authorized and empowered empowered, when
it shall serve the public purpose purpose, to grant concessions in or to lease or license any land
or building or structure, a part or portion of any governmental facility, public work, or public
improvement for industrial or commercial purposes for a term or terms not exceeding in the
aggregate in any one case twenty (20) years; provided, however, that real property, buildings, and
facilities owned by the state at the Port of Galilee may be leased for a term of up to forty (40)
years for commercial fishing industry-related purposes, purposes; and provided further,
however, that certain real property, buildings, and facilities owned by the state located on Indian
Point with a 2012 address of 25 India Street in the city of Providence may be leased for a term of
up to forty (40) years for commercial, public recreation, marina, and redevelopment purposes,;
provided, however, that real property, buildings, and facilities owned by the department of
environmental management may be leased for a term not to exceed forty (40) years for the
purpose of facilitating private investment in buildings or infrastructure for public recreation, or
to develop or sustain a natural resource-based industry and where the useful life of the
investment exceeds twenty-five (25) years; and provided further, however, that certain real
properties, buildings, and facilities owned by the state in the city of Providence known as the
Union Station properties, which properties have been conveyed from time to time to the state by
the consolidated rail corporation and others, may be leased for a term of up to forty (40) years for
office, commercial, service, transportation, or other related purposes; and provided further,
however, that real property, buildings, and facilities owned by the state may be leased for a term
of up to forty (40) years for the development of cogeneration projects which involve the
simultaneous generation of electricity and thermal energy (steam and hot water) and for eligible
renewable energy resources as defined in subdivisions ยง 39-26-5(a)(i) through (v); and further
provided, however, that in the event of a mobile home lease agreement, agreement or site lease
agreement, wherein such mobile home is contiguous to a resident owned resident-owned
mobile home park, the State Properties Committee state properties committee may enter into
a lease or grant concessions to or license any land or building for a period not to exceed thirty
(30) years years; and provided further, however, that real property, buildings, and facilities
owned by the state may be leased for a term of up to ninety-nine (99) years for the development
of railroad layover facilities, contingent on the lease requiring the lessee to provide commuter rail
service within the state of Rhode Island, as set forth by the state state; and provided further
further, however, that real property, buildings buildings, and facilities owned by the state at the
Quonset State Airport state airport may be leased to the United States Air Force for a term not
to exceed forty (40) years for the purpose of making improvements to infrastructure thereon. All
agreements, contracts, and other instruments granting concessions or leasing or licensing facilities
shall contain such conditions, rules, restrictions, and regulations as the state purchasing agent
shall deem suitable or necessary, necessary and shall be approved approved, as to substance
substance, by the director of administration and as to form administration, and, as to form,
by the attorney general.
      (b) Whenever property which that is subject to the provisions of this chapter is leased by
the state, the lessee shall report on a semi-annual basis the amount of income revenue generated
by the leased property. The report shall be made to the state properties commission and copies
shall be provided to both the house and senate fiscal staffs and the governor. These requirements
shall be contained in the lease between the lessor and the lessee with approval of the state
properties committee.
     SECTION 2. Notwithstanding the provisions of section one of this act, for any lease term
of up to forty (40) years for buildings and facilities owned by the department of environmental
management and leased to Sail Newport, Inc., a Rhode Island nonprofit corporation or its
successors at Fort Adams state park, the department of environmental management shall ensure,
by incorporating in said lease, a clause or provision that the lessee provides reasonable access and
use of buildings and facilities for the Newport Rugby Football Club, a Rhode Island nonprofit
corporation or its successors.
     SECTION 3. This act shall take effect upon passage.
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LC001742/SUB A/2
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