Title 36, Chapter 62, Section 2
( 36-62-2)
As used in this chapter, the term: (1) "Authority" means each public corporation created pursuant to
this chapter. (2) "Cost of project" includes: (A) All costs of construction, purchase, or other form of
acquisition; (B) All costs of real or personal property required for the
purposes of such project and of all facilities related thereto,
including land and any rights or undivided interest therein,
easements, franchises, water rights, fees, permits, approvals,
licenses, and certificates and the securing of such franchises,
permits, approvals, licenses, and certificates and the
preparation of applications therefor; (C) All machinery, equipment, initial fuel, and other supplies
required for such project; (D) Financing charges and interest prior to and during
construction and during such additional period as the authority
may reasonably determine to be necessary for the placing of such
project in operation; (E) Costs of engineering, architectural, and legal services; (F) Fees paid to fiscal agents for financial and other advice or
supervision; (G) Cost of plans and specifications and all expenses necessary
or incidental to the construction, purchase, or acquisition of
the completed project or to determining the feasibility or
practicability of the project; and (H) Administrative expenses and such other expenses as may be
necessary or incidental to the financing authorized in this
chapter. There may also be included, as part of such cost of project, the
repayment of any loans made for the advance payment of any part of
such cost, including the interest thereon. The cost of any
project may also include a fund or funds for the creation of a
debt service reserve, a renewal and replacement reserve, and such
other reserves as may be reasonably required by the authority with
respect to the financing and operation of its projects and as may
be authorized by any bond resolution or trust agreement or
indenture pursuant to the provisions of which the issuance of any
such bonds may be authorized. Any obligation or expense incurred
for any of the foregoing purposes shall be regarded as a part of
the cost of the project and may be paid or reimbursed as such out
of the proceeds of revenue bonds or notes issued under this
chapter. (3) "County" means any county of this state. (4) "Governing body" means the elected or duly appointed officials
constituting the governing body of each municipal corporation and
county in the state. (5) "Municipal corporation" means each city and town in the state. (6) "Project" includes: (A) Any one or more buildings or structures to be used in the
production, manufacturing, processing, assembling, storing, or
handling of any agricultural, manufactured, mining, or
industrial product or any combination of the foregoing, in every
case with all necessary or useful furnishings, machinery,
equipment, parking facilities, landscaping, and facilities for
outdoor storage, all as determined by the authority, which
determination shall be final and not subject to review; and
there may be included as part of any such project all
improvements necessary to the full utilization thereof,
including site preparation, roads and streets, sidewalks, water
supply, outdoor lighting, belt line railroad sidings and lead
tracks, bridges, causeways, terminals for railroad, automotive,
and air transportation, transportation facilities incidental to
the project, and the dredging and improving of harbors and
waterways, none of which foregoing descriptive words shall be
construed to constitute a limitation, provided that none of the
improvements described in this sentence shall be the primary
purpose of any project; (B) The acquisition, construction, leasing, or equipping of new
industrial facilities or the improvement, modification,
acquisition, expansion, modernization, leasing, equipping, or
remodeling of existing industrial facilities located or to be
located within the area of operation of the authority; (C) The acquisition, construction, improvement, or modification
of any property, real or personal, which any industrial concern
might desire to use, acquire, or lease in connection with the
operation of any plant or facility located or to be located
within the area of operation of the authority; (D) The acquisition, construction, improvement, or modification
of any property, real or personal, used as air or water
pollution control facilities which any federal, state, or local
agency having jurisdiction in the premises shall have certified
as necessary for the continued operation of the industry or
industries which the same is to serve and which is necessary for
the public welfare, provided that for the purposes of this
subparagraph, the term "air pollution control facility" means
any property used, in whole or in substantial part, to abate or
control atmospheric pollution or contamination by removing,
altering, disposing of, or storing atmospheric pollutants or
contaminants, if such facility is in furtherance of applicable
federal, state, or local standards for abatement or control of
atmospheric pollutants or contaminants; and provided, further,
that for the purpose of this subparagraph, the term "water
pollution control facility" means any property used, in whole or
in substantial part, to abate or control water pollution or
contamination by removing, altering, disposing, or storing
pollutants, contaminants, wastes, or heat, including the
necessary intercepting sewers, outfall sewers, pumping, power,
and other equipment, holding ponds, lagoons, and appurtenances
thereto, if such facility is in the furtherance of applicable
federal, state, or local standards for the abatement or control
of water pollution or contamination; (E) The acquisition, construction, improvement, or modification
of any property, real or personal, used as or in connection with
a sewage disposal facility or a solid waste disposal facility
which any federal, state, or local agency having jurisdiction in
the premises shall have certified as necessary for the continued
operation of the industries which the same is to serve and which
is necessary for the public welfare, provided that if such
facility is to be operated by, or is to serve related facilities
of, a political subdivision or municipal corporation of this
state or an agency, authority, or instrumentality thereof, for
its general constituency, the certification need only state that
such facility is necessary for the public welfare; provided,
further, that for the purposes of this subparagraph, the term
"sewage disposal facility" means any property used for the
collection, storage, treatment, utilization, processing, or
final disposal of sewage; for the purposes of this subparagraph,
the term "solid waste disposal facility" means any property used
for the collection, storage, treatment, utilization, processing,
or final disposal of solid waste; for the purposes of this
subparagraph, the term "solid waste" means garbage, refuse, or
other discarded solid materials, including solid waste materials
resulting from industrial and agricultural operations and from
community activities but does not include solids or dissolved
materials in domestic sewage or other significant pollutants in
water resources, such as salt, dissolved or suspended solids in
industrial waste-water effluents, and dissolved materials in
irrigation return flows; and for the purposes of this
subparagraph, the word "garbage" includes putrescible wastes,
including animal and vegetable matters, animal offal and
carcasses, and recognizable industrial by-products but excludes
sewage and human wastes; and the word "refuse" includes all
nonputrescible wastes; (F) The acquisition, construction, improvement, or modification
of any property, real or personal or both, used as a peak shave
facility, provided that "peak shave facility" shall have the
meaning generally accepted and understood in the natural gas
distribution industry as that term is generally understood to
describe a storage facility for the purpose of avoiding
undesirable consequences in the distribution system during peak
periods of consumption; and any project involving a "peak shave
facility" may be undertaken as otherwise provided in this
chapter; (G) The acquisition, construction, leasing, improvement, or
modification of any facilities and any property, real or
personal or both, useful or necessary in the transportation of
persons or property by air, provided that such projects shall
not include the creation of airports or airport terminal
facilities or improvements thereon, except as incidentally
related to the furnishing of transportation of persons or
property by air as provided in this subparagraph; such projects
may include, but shall not be limited to, aircraft, aircraft
maintenance and reconditioning equipment, aircraft
communications equipment and facilities for the maintenance and
repair of such equipment, ground support equipment and
facilities used by aircraft, any necessary or useful real or
personal property or rights to such property, all licenses,
storage facilities including storage and distribution facilities
for fuel, and the acquisition, modernization, or expansion of
existing facilities or systems for transportation of persons or
property by air, all as determined by the authority, which
determination shall be final and not subject to review; such
projects for the transportation of persons or property by air
are authorized to assist state and local governments to secure
adequate systems of transportation of passengers for hire as
authorized by law and for the development of trade, commerce,
industry, and employment opportunities; and such projects for
the transportation of persons or property by air may be
undertaken to the same extent and on the same conditions as
otherwise provided in this chapter for other facilities, except
that such projects may be authorized only for air transportation
systems which are not eligible to receive subsidies from the
federal government at the time the project is undertaken, only
where the corporate headquarters, the general maintenance,
repair, support, and communication facilities, the general
reservations, scheduling, and dispatch facilities, and the
personal residence of the majority of the employees are all
located within the geographic jurisdiction of the authority, and
only if the aircraft are routinely dispatched from and returned
to the geographic jurisdiction of the authority, provided that
the operation of flight equipment and incidental ground support
facilities and equipment and the location of employees of such a
project outside of the geographic jurisdiction of the authority
shall not be prohibited if the conditions specified in this
subparagraph are met; and provided, further, that no city,
county, political subdivision, or any development authority may
ever operate any such facility and the same must be acquired and
operated by a private company or individual who shall guarantee
the repayment of any obligations assumed, who shall be fully
responsible for all operating expenses and losses, and who shall
be taxable as any other private undertaking would be; (H) The acquisition, construction, improvement, or modification
of any property, real or personal, which shall be suitable for
or used as or in connection with: (i) Sports facilities, including private training and related
office and other facilities when authorized by the governing
authority of the political subdivision or municipal
corporation in which the facility is to be constructed and
maintained; (ii) Convention or trade show facilities; (iii) Airports, docks, wharves, mass commuting facilities,
parking facilities, or storage or training facilities directly
related to any of the foregoing; (iv) Facilities for the local furnishing of electric energy or
gas; (v) Facilities for the furnishing of water, if available, on
reasonable demand to members of the general public; and (vi) Hotel and motel facilities for lodging which also may
provide meals, provided that such facilities are constructed
in connection with and adjacent to convention, sports, or
trade show facilities. No project as defined by this division
shall be exempt from any ad valorem taxation; (I) The acquisition or development of land as the site for an
industrial park, provided that for purposes of this
subparagraph, the term "development of land" includes the
provision of water, sewage, drainage, or similar facilities or
transportation, power, or communication facilities which are
incidental to use of the site as an industrial park but, except
with respect to such facilities, does not include the provision
of structures or buildings; (J) The acquisition, construction, leasing, or financing of: (i) An office building facility and related real and personal
property for use by any business enterprise or charitable
corporation, association, or similar entity which will further
the development of trade, commerce, industry, or employment
opportunities in this state and which shall be adjacent to or
used in conjunction with any other existing or proposed
project defined in this paragraph, which existing or proposed
project is located within the area of operation of the
authority and which is used or intended to be used by such
business enterprise or charitable corporation, association, or
similar entity; or (ii) A separate office building facility and related real and
personal property for use by any business enterprise or
charitable corporation, association, or similar entity which
will further the development of trade, commerce, industry, or
employment opportunities in this state. No such office building facility as defined in this subparagraph
shall be undertaken by an authority unless the authority
determines that the business enterprise or charitable
corporation, association, or similar entity to use such facility
will be the primary tenant; (K) Any one or more buildings or structures used or to be used
as a skilled nursing home or intermediate care home subject to
regulation and licensure by the Department of Human Resources
and all necessary, convenient, or related interests in land,
machinery, apparatus, appliances, equipment, furnishings,
appurtenances, site preparation, landscaping, and physical
amenities; (L) The acquisition, construction, design, engineering,
improvement, leasing, maintenance, modification, rebuilding, and
repair of any facilities and any property utilized in connection
with a community antenna television system or any combination of
the foregoing, including all necessary or useful land or rights
in land and all necessary or useful furnishings, machinery,
vehicles, equipment, and parking facilities, all as determined
by the authority, which determination shall be final and not
subject to review; such projects are authorized to promote the
expansion and development of the cable communication industry,
to enhance employment opportunities throughout this state, and
to encourage local origination programming by community antenna
television systems on one or more channels, to include, but not
be limited to, public access, government, and education
programs; and the installation of such community antenna
television systems shall not occur in areas adequately served by
private enterprise; (M) The acquisition, construction, equipping, improvement,
modification, or expansion of any property, real or personal,
for use as or in connection with research and development
facilities. As used in this subparagraph, the term "research and
development facilities" means any property used in whole or in
substantial part in conducting basic and applied research for
commercial, industrial, or governmental institutions in
connection with institutions of higher education, which research
is determined by the authority to contribute to the development
and promotion of trade, commerce, industry, and employment
opportunities for the public good and general welfare in
furtherance of the purposes for which the authority was created.
The authority's determination as to such matters shall be final
and not subject to review; and (N) The acquisition, construction, installation, modification,
renovation, or rehabilitation of land, interests in land,
buildings, structures, facilities, or other improvements and the
acquisition, installation, modification, renovation,
rehabilitation, or furnishing of fixtures, machinery, equipment,
furniture, or other property of any nature whatsoever used on,
in, or in connection with any such land, interest in land,
building, structure, facility, or other improvement, all for the
essential public purpose of the development of trade, commerce,
industry, and employment opportunities. A project may be for
any industrial, commercial, business, office, parking, public,
or other use, provided that a majority of the members of the
authority determines, by a duly adopted resolution, that the
project and such use thereof would further the public purpose of
this chapter. |