TITLE 42

State Affairs and Government

CHAPTER 42-64

Rhode Island Commerce Corporation

SECTION 42-64-3



   § 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 § 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 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 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 § 42-64-4, or any subsidiary corporation thereof

which is established pursuant to § 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 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 § 42-64-7.1, the

governmental agency and public instrumentality created and established pursuant

to § 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 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 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 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 § 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

§ 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).



History of Section.

(P.L. 1974, ch. 100, § 14; P.L. 1975, ch. 171, § 1; P.L. 1976, ch.

277, § 1; P.L. 1992, ch. 133, art. 85, § 3; P.L. 1995, ch. 370, art.

12, § 8; P.L. 1997, ch. 39, § 1; P.L. 1997, ch. 62, § 1; P.L.

2006, ch. 236, § 10; P.L. 2006, ch. 237, § 10; P.L. 2013, ch. 243,

§ 3; P.L. 2013, ch. 490, § 3.)