§ 42-64-3 - Definitions.
SECTION 42-64-3
§ 42-64-3 Definitions. – As used in this chapter, the following words and terms shall have the followingmeanings, unless the context indicates another or different meaning or intent:
(1) "Administrative penalty" means a monetary penalty not toexceed the civil penalty specified in § 42-64-9.2 of this chapter.
(2) "Airport facility" means developments consisting ofrunways, hangars, control towers, ramps, wharves, bulkheads, buildings,structures, parking areas, improvements, facilities, or other real or personalproperty necessary, convenient, or desirable for the landing, taking off,accommodation, and servicing of aircraft of all types, operated by carriersengaged in the transportation of passengers or cargo, or for the loading,unloading, interchange, or transfer of the passengers or their baggage, or thecargo, or otherwise for the accommodation, use or convenience of the passengersor the carriers or their employees (including related facilities andaccommodations at sites removed from landing fields and other landing areas),or for the landing, taking off, accommodation, and servicing of aircraft ownedor operated by persons other than carriers. It also means facilities providingaccess to an airport facility, consisting of rail, rapid transit, or otherforms of mass transportation which furnish a connection between the airterminal and other points within the state, including appropriate masstransportation terminal facilities at and within the air terminal itself andsuitable 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 publishedby building officials & code administrators international, inc., as the codemay from time to time be promulgated by the building officials & codeadministrators international, inc.
(4) "Bonds" and "notes" means the bonds, notes, securities,or other obligations or evidences of indebtedness issued by the corporationpursuant to this chapter, all of which shall be issued under the name of andknown as obligations of the "Rhode Island economic development corporation."
(5) "Civic facility" means any real or personal propertydesigned and intended for the purpose of providing facilities for educational,cultural, community, or other civic purposes.
(6) "Compliance schedule" means a schedule of remedialmeasures including an enforceable sequence of actions or operations leading tocompliance with an effluent limitation or any other limitation, prohibition orstandard.
(7) "Corporation," "port authority", or "authority" means thegovernmental agency and public instrumentality, formerly known as the "RhodeIsland port authority and economic development corporation" and renamed the"Rhode Island economic development corporation," authorized, created, andestablished pursuant to § 42-64-4, or any subsidiary corporation thereofwhich is established pursuant to § 42-64-7.1.
(8) "Director" means the executive director of the RhodeIsland economic development corporation.
(9) "Federal land" means real property within the state, nowacquired or hereafter acquired by the Rhode Island economic developmentcorporation which was formerly owned by the United States government, or anyagency or instrumentality thereof, including without limiting the generality ofthe foregoing, any and all real property now or formerly owned or used by theUnited States government in the towns of North Kingstown, Portsmouth,Middletown, and Charlestown and the city of Newport as military installationsor for other purposes related to the national defense. Without limiting thegenerality of the foregoing, federal land shall also mean and include certainland in the town of North Kingstown, or any portion thereof, which has or shallrevert to the state pursuant to the provisions of Public Laws 1939, chapter 696and is now or hereafter acquired by the corporation from the state.
(10) "Industrial facility" means any real or personalproperty, the demolition, removal, relocation, acquisition, expansion,modification, alteration, or improvement of existing buildings, structures, orfacilities, the construction of new buildings, structures, or facilities, thereplacement, acquisition, modification, or renovation of existing machinery andequipment, or the acquisition of new machinery and equipment, or anycombination of the United States, which shall be suitable for manufacturing,research, production, processing, agriculture, and marine commerce, orwarehousing; or convention centers, trade centers, exhibition centers, oroffices (including offices for the government of the United States or anyagency, department, board, bureau, corporation, or other instrumentality of theUnited States, or for the state or any state agency, or for any municipality);or facilities for other industrial, commercial or business purposes of everytype and description; and facilities appurtenant or incidental to theforegoing, including headquarters or office facilities, whether or not at thelocation of the remainder of the facility, warehouses, distribution centers,access roads, sidewalks, utilities, railway sidings, trucking, and similarfacilities, parking areas, waterways, dockage, wharfage, and other improvementsnecessary or convenient for the construction, development, maintenance, andoperation of those facilities.
(11) "Local governing body" means any town or city council,commission, or other elective governing body now or hereafter vested by statestatute, charter, or other law, with jurisdiction to initiate and adopt localordinances, whether or not these local ordinances require the approval of theelected or appointed chief executive officer or other official or body tobecome effective.
(12) "Local redevelopment corporation" means any agency orcorporation created and existing pursuant to the provisions of chapter 31 oftitle 45.
(13) "Municipality" means any city or town within the statenow existing or hereafter created, or any state agency.
(14) "Parent corporation" means, when used in connection witha subsidiary corporation established pursuant to § 42-64-7.1, thegovernmental agency and public instrumentality created and established pursuantto § 42-64-4.
(15) "Personal property" means all tangible personalproperty, new or used, including, without limiting the generality of theforegoing, all machinery, equipment, transportation equipment, ships, aircraft,railroad rolling stock, locomotives, pipelines, and all other things and rightsusually included within that term. "Personal property" also means and includesany and all interests in the property which are less than full title, such asleasehold interests, security interests, and every other interest or right,legal or equitable.
(16) "Pollutant" means any material or effluent which mayalter the chemical, physical, biological or radiological characteristics orintegrity of water, including but not limited to, dredged spoil, solid waste,incinerator residue, sewage, garbage, sewage sludge, munitions, chemicalwastes, biological materials, radioactive materials, heat, wrecked or discardedequipment, cellar dirt, or industrial, municipal, agricultural or other wastepetroleum 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 extentwhich renders or is likely to render the air, water, or land harmful orinimical to the public health, safety, or welfare, or to animal, bird, oraquatic life, or to the use of the air or water for domestic, industrial, oragricultural purposes or recreation including the man-made or man-inducedalteration of the chemical, physical, biological or radiological integrity ofwater.
(18) "Pollution control facility" means any land or interestin land, the demolition, removal, relocation, acquisition, expansion,modification, alteration, or improvement of existing buildings, structures, orfacilities, the construction of new buildings, structures, or facilities, thereplacement, 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, orprevention of pollution, including industrial pollution, and all real andpersonal property incidental to that facility.
(19) "Port facility" means harbors, ports, and all real andpersonal 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 andunloading 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 andfacilities 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 transportationfacility 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 theprovision of financing for, any real or personal property (by whomever owned)or any interests in real or personal property, including without limiting thegenerality of the foregoing, any port facility, recreational facility,industrial facility, airport facility, pollution control facility, utilityfacility, solid waste disposal facility, civic facility, residential facility,water supply facility, energy facility or renewable energy facility, or anyother facility, or any combination of two (2) or more of the foregoing, or anyother activity undertaken by the corporation.
(21) "Project cost" means the sum total of all costs incurredby the Rhode Island economic development corporation in carrying out all worksand undertakings, which the corporation deems reasonable and necessary for thedevelopment of a project. These shall include, but are not necessarily limitedto, the costs of all necessary studies, surveys, plans, and specifications,architectural, engineering, or other special services, acquisition of land andany buildings on the land, site preparation and development, construction,reconstruction, rehabilitation, improvement, and the acquisition of anymachinery and equipment or other personal property as may be deemed necessaryin connection with the project (other than raw materials, work in process, orstock in trade); the necessary expenses incurred in connection with the initialoccupancy of the project; an allocable portion of the administrative andoperating expenses of the corporation; the cost of financing the project,including interest on all bonds and notes issued by the corporation to financethe project from the date thereof to one year from the date when thecorporation shall deem the project substantially occupied; and the cost ofthose other items, including any indemnity or surety bonds and premiums oninsurance, legal fees, real estate brokers and agent fees, fees and expenses oftrustees, depositories, and paying agent for bonds and notes issued by theRhode Island economic development corporation, including reimbursement to anyproject user for any expenditures as may be allowed by the corporation (aswould be costs of the project under this section had they been made directly bythe corporation), and relocation costs, all as the corporation shall deemnecessary.
(22) "Project user" means the person, company, corporation,partnership, or commercial entity, municipality, state, or United States ofAmerica 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 riparianrights, space rights, and air rights, and all other things and rights usuallyincluded within the term. "Real property" shall also mean and include any andall interests in that property less than fee simple, such as easements,incorporeal hereditaments, and every estate, interest or right, legal orequitable, 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 improvementis designed in whole or in part to attract tourists to the state or to provideessential 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, guestcottages, and all types of real or personal property related thereto as may bedetermined from time to time by the corporation.
(25) "Revenues" means: (i) with respect to any project, therents, fees, tolls, charges, installment payments, repayments, and other incomeor profit derived from a project or a combination of projects pursuant to anylease, conditional sales contract, installment sales contract, loan agreement,or other contract or agreement, or any combination thereof, and (ii) anyreceipts, fees, payments, moneys, revenues or other payments received or to bereceived by the corporation in the exercise of its corporate powers under thischapter, including, without limitation, loan repayments, grants, aid,appropriations and other assistance for the state, the United States or anycorporation, department or instrumentality of either or of a politicalsubdivision thereof, bond proceeds, investment earnings, insurance proceeds,amounts in reserves and other funds and accounts established by or pursuant tothis chapter or in connection with the issuance of bonds, and any other taxes,assessments, fees, charges, awards or other income or amounts received orreceivable by the corporation.
(26) "Rule or regulation" means any directive promulgated bythe Rhode Island economic development corporation not inconsistent with thelaws of the United States or the state, for the improvement of navigation andcommerce or other project purposes and shall include, but not be limited to,charges, tolls, rates, rentals, and security provisions fixed or established bythe 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 treatmentplant, structure, combined sewer overflows, equipment, interceptors, mains,pumping stations and other property, real, personal or mixed, for thetreatment, storage, collection, transporting or disposal of sewage, or anyproperty or system to be used in whole or in part for any of the aforesaidpurposes located or operated within the boundaries of the QuonsetPoint/Davisville Industrial Park, or utilized by the corporation for thetransport, collection, treatment, storage or disposal of waste.
(29) "Solid waste" means garbage, refuse, and other discardedmaterials, including, but not limited to, solid waste materials resulting fromindustrial, 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 orpersonal property, related to or incidental to any project, which is designedor 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, andtheir appurtenances.
(31) "Source" means any building, structure, facility orinstallation from which there is or may be the discharge of sewage.
(32) "State" means the state of Rhode Island and ProvidencePlantations.
(33) "State agency" means any office, department, board,commission, bureau, division, authority, or public corporation, agency orinstrumentality 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 propertydesigned, intended or utilized for generating, manufacturing, producing,storing, transmitting, distributing, delivering, or furnishing natural ormanufactured gas, steam, electrical, or nuclear energy, heat, light, or powerdirectly or indirectly to or for any project, project user, or for the public,the collection and disposal of storm and sanitary sewage; any railroadsnecessary or desirable for the free flow of commerce to and from projects; anyroads, highways, bridges, tunnels, viaducts, or other crossings necessary ordesirable for the free flow of commerce to and from projects, and any publictransportation systems or facilities, including, but not limited to, bus,truck, ferry, and railroad terminals, depots, tracked vehicles, and otherrolling stock and ferries; and any appurtenances, equipment, and machinery orother personal property necessary or desirable for the utilization thereof.
(36) "Water supply facility" means any real or personalproperty, 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 personalproperty, or any combination thereof, related to, or incidental to, anyproject, designed, intended, or utilized for an eligible renewable energyresource that meets the criteria set forth in subsections 39-26-5(a) and39-26-5(c).