Rhode Island General Laws 42-64-7. Additional general powers
In addition to the powers enumerated in § 42-64-6, except to the extent inconsistent with any specific provision of this chapter, the Rhode Island 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 § 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 § 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 § 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.
History of Section.
P.L. 1974, ch. 100, § 14; 1975, ch. 171, § 2; P.L. 1983 (S.S.), ch. 332, art. III, § 1; P.L. 1995, ch. 370, art. 12, § 8; P.L. 1995, ch. 400, § 4; P.L. 1997, ch. 39, § 1; P.L. 1997, ch. 62, § 1; P.L. 1998, ch. 392, § 1; P.L. 2003, ch. 376, art. 36, § 10; P.L. 2008, ch. 100, art. 30, § 1; P.L. 2013, ch. 243, § 3; P.L. 2013, ch. 490, § 3.
Terms Used In Rhode Island General Laws 42-64-7
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Municipality: means any city or town within the state now existing or hereafter created, or any state agency. See Rhode Island General Laws 42-64-3
- 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 commerce corporation. See Rhode Island General Laws 42-64-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Personal property: All property that is not real property.
- 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. See Rhode Island General Laws 42-64-3
- 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. See Rhode Island General Laws 42-64-3
- 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. See Rhode Island General Laws 42-64-3
- Sewage: shall be construed to mean the same as "pollutant" as defined in subsection (16) above. See Rhode Island General Laws 42-64-3
- 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. See Rhode Island General Laws 42-64-3
- Source: means any building, structure, facility or installation from which there is or may be the discharge of sewage. See Rhode Island General Laws 42-64-3
- State: means the state of Rhode Island. See Rhode Island General Laws 42-64-3
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8