600 R.I. Code R. 600-RICR-00-00-1.6

Current through December 3, 2024

Section 600-RICR-00-00-1.6 - GRANT OF EASEMENT TO USE STATE-OWNED LAND, SPACE, OR OTHER REAL PROPERTY

No agency shall grant an easement for the use of land, space, or other real property unless said action is approved by the Committee.

1.6.1Notice to the Rhode Island Commerce Corporation

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.

1.6.2 Open Space and Natural Resources Value Evaluation

For proposed easements 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.

1.6.3Request for Approval to Grant an Easement

A. The agency shall request to come before the Committee for approval to grant an easement 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 agreement has been agreed to by the agency and the prospective grantee, and that all applicable conditions required by §§ 1.6.1 and 1.6.2 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 easement agreement of which the agency is seeking Committee approval;

3. Evidence that the Commerce Corporation was notified of the intent to grant an easement and any response from the Commerce Corporation;

4. For proposed easements for a period greater than one year, a copy of the open space and natural resources values evaluation as set forth in § 1.6.2 of this Part;

5. If a preliminary review was conducted, any updates to the records submitted as part of a preliminary review;

6. Certificate of disclosure disclosing the information of the grantee(s);

7. Certificate of authority, if the grantee is a corporation, partnership, or other entity, showing that the person executing the easement agreement on behalf of the grantee is duly authorized to bind the entity;

8. Evidence of insurance, identifying authorized insurer, with coverage in amount and type as required by the Committee; and

9. 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 easement is consistent with the purposes 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 easement agreement as executed by the agency and the grantee(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.

1.6.4Copy of Executed Easement Agreements

The agency shall provide the Executive Secretary with an electronic copy of the executed easement agreement within three (3) business days of execution.

600 R.I. Code R. 600-RICR-00-00-1.6