Section 600-RICR-00-00-1.5 - LICENSE TO USE STATE-OWNED LAND, SPACE, OR OTHER REAL PROPERTY BY LICENSENo agency shall grant a license for the use of land, space, or other real property unless said action is approved by the Committee.
1.5.1Notice to the Rhode Island Commerce CorporationA. To satisfy the requirements of R.I. Gen. Laws § 37-6-6, and subject to § 1.5.1(B) of this Part, the agency shall give written notice to the Commerce Corporation of its intent to license land, space, or other real property and shall afford the Commerce Corporation with not less than seven (7) business days from the date of the notice to reply. The Commerce Corporation may provide the agency with a recommendation or it may request additional time to conduct a study and/or make a recommendation. If the Commerce Corporation fails to reply to the agency within seven (7) business days or other due date as determined by the agency, it shall constitute a waiver of the Commerce Corporation's opportunity to provide a recommendation on the proposed action.B. The agency is not required to give notice the Commerce Corporation for licenses terminable by will.1.5.2Open Space and Natural Resources Value EvaluationFor proposed licenses for a period greater than one year, the agency shall conduct an open space and natural resources values evaluation consistent with "Rules and Regulations Governing the Preservation and Protection of State Open Space" or other such rules as promulgated by the Department of Environmental Management in furtherance of the Preservation of State Open Space Act as set forth in R.I. Gen. Laws § 42-17.9-1 et seq.
1.5.3Additional Assessment for EncroachmentA. When there is reasonable evidence of previous encroachment on State-owned property for private use, without prior authorization from the State, a one-time ten percent (10%) charge of the annual cost of the license may be assessed to the tenant or prospective lessee and shall be payable as part of the first license payment or as otherwise agreed upon by the parties, subject to §§1.5.3(B) and (C) of this Part.B. The Committee shall have the discretion to reduce this amount, in whole or in part, in recognition of one or more of the following mitigating circumstances: 1. That the encroachment does not involve physical improvements such as construction of structures, signage, or paved parking;2. That the encroachment has been in place for a limited period of time, and/or it is considered likely that the property owner now seeking the license was unaware of the encroachment onto State property; 3. That an encroachment onto a land abutting a State highway involves the maintenance of a landscaping amenity that would be considered an area improvement and one that relieves Department of Transportation staff of maintenance responsibilities; orC. The Committee shall have the discretion to increase this amount, in whole or in part, in situations where the encroachment on State-owned property is particularly egregious and/or has continued after the abutting owner had been instructed to discontinue use of such State-owned property for private purposes.D. In no event shall a payment of or willingness or refusal to pay a one-time charge assessed by the Committee pursuant to this section be construed as to deprive the State or any aggrieved party of any legal remedy that may exist in law or in equity. Furthermore, in no event shall any payment of or willingness to pay a one-time charge assessed by the Committee pursuant to this section be construed as an admission of guilt.1.5.4Request for Approval to Grant a LicenseA. The agency shall request to come before the Committee for approval to grant a license for the use of land, space, or other real property. An agency's request for approval shall not be submitted to the Committee until the agency is satisfied that an acceptable license agreement has been agreed to by the agency and the prospective licensee(s), and that all applicable conditions required by §§1.5.1 and 1.5.2 of this Part have been met.B. An agency's request for approval must include the following records which shall be submitted to the Committee:1. A written request for approval;2. The proposed license agreement of which the agency is seeking Committee approval;3. Evidence that the Commerce Corporation was notified of the intent to grant a license not terminable by will and any response from the Commerce Corporation;4. For proposed licenses for a period greater than one year, a copy of the open space and natural resources values evaluation as set forth in § 1.5.2 of this Part;5. If a preliminary review was conducted, any updates to the records submitted as part of a preliminary review;6. Any evidence of previous encroachment on the subject property for private use without prior authorization from the State.7. Certificate of disclosure disclosing the information of the licensee(s);8. Certificate of authority, if the licensee is a corporation, partnership, or other entity, showing that the person executing the license agreement on behalf of the licensee is duly authorized to bind the entity;9. Evidence of insurance, identifying authorized insurer, with coverage in amount and type as required by the Committee; and10. Any other information and/or records requested by the Committee that are reasonably necessary for its review.C. Following the satisfactory submission of all appropriate records and information, the Committee shall review the proposed action. The Committee shall consider whether granting the license is consistent with the provisions of R.I. Gen. Laws § 42-17.9-1 et seq. and is in the best interest of the State.D. If the Committee votes to approve the proposed action, the Committee will provide the agency with certification attesting to its approval.E. In addition to the Committee's approval of the proposed action, the license agreement as executed by the agency and the licensee(s) must be approved as to substance by the Director of Administration and approved as to form by the Attorney General prior to becoming valid.600 R.I. Code R. 600-RICR-00-00-1.5