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  • Ordinance Subject: Exemption for renewable energy systems
  • Posted: March 06, 2014 03:04 PM
  • Municipality: North Providence

ORDINANCE 14-001
AN ORDINANCE TO AMEND CHAPTER 32 OF THE NORTH 
PROVIDENCE CODE OF ORDINANCES TO PROVIDE FOR AN
EXEMPTION FOR RENEWABLE ENERGY SYSTEMS WITHIN THE 
TOWN OF NORTH PROVIDENCE PURSUANT TO R.I.G.L. 44- 
3-21 
PURPOSE: Pursuant to Rhode Island General Laws 44-3-21, as amended, the Town of North Providence Town Council has the authority, by ordinance, to exempt from taxation any renewable energy system located in the Town of North Providence.
WHEREAS, the Town of North Providence, at this time, desires to promulgate, by Ordinance, certain rules governing the eligibility for an exemption for renewable energy systems within the Town of North Providence provided for by the aforementioned State statute.
WHEREAS, the North Providence Town Council hereby amends the Town Code of Ordinances, more specifically, Chapter 32 to add an Article V to said Chapter entitled "Renewable Energy Systems Exemption".
Therefore, it is hereby ordained by the Town Council of the Town of North Providence as follows:
SECTION ONE:
(I) That Section 32-25 of North Providence Code of Ordinance shall read as follows: "the Town Council may authorize for a period not to exceed twenty-five (25) years and subject to the conditions provided in this Chapter 32, to
 
exempt from payment, in whole or in part, taxation of any renewable energy system located within the Town of North Providence, or to determine or stabilize the amount of tax to be paid on account of said personal property, not withstanding the valuation of property or the rate of tax; provided that after public hearing, with proper notice pursuant to State Law, the Town of North Providence Town Council, in its sole discretion, determines that:
(a) granting of the exemption or stabilization of taxes will enure to the benefit of the Town of North Providence by reason of:
(al) the willingness of the renewable energy company to locate within the Town;
(a2)	an improvement of the physical plant of the Town that will result in long-term economic benefits to the Town and the State;
(a3)	granting of the exemption or stabilization of taxes will enure to the benefit of the Town by reason of the willingness of a renewable energy company to replace, reconstruct,	expand,	or remodel existing buildings,
facilities, fixtures within the Town of North Providence.
(B) That Section 32-27 of the North Providence Code of Ordinances shall read as follows: "should the Town Council make the determination contained in Section 32-26 of the Code of Ordinances set forth above, an exemption or stabilization may be granted for personal property taxes for any renewable energy system located within the Town of North Providence".
C) That Section 32-28 of the North Providence Code of Ordinances shall read as follows: "for purposes of this Section, "personal property tax on a renewable energy system" means any renewable energy system owned by a firm or concern occupying a Town building, Town structure and/or Town land and used by such firm or concern in its commercial enterprise of operating a renewable energy system".
(D) That Section 32-29 of the North Providence Code of Ordinances shall be amended to read as follows: "nothing contained within Chapter 32 of the North Providence Code of Ordinances shall restrict the Town Council from requiring, as part of the approval of the aforementioned exemption, a payment in lieu of taxes from the firm or concern owning the renewable energy system located within the Town of North Providence, with said payment in lieu of taxes amount set by the Town Council in its sole discretion. Any payment in lieu of taxes collected from the firm or concern owning the
 
renewable energy system shall be deposited in the General Fund for the payment of general expenses of the Town of North Providence".
(E)	That Section 32-30 of the North Providence Code of Ordinances shall be read as follows: "if an owner of a renewable energy system located within the Town of North Providence whose personal property taxes have been previously exempted or stabilized pursuant to Chapter 32 of the Code of Ordinances, transfers ownership of its business or assigns its agreement with the Town of North Providence to another business or company, the Town Council shall have the authority to review and terminate the tax exemption or stabilization agreement".
(F)	That Section 32-31 of the North Providence Code of Ordinances shall read as follows: "any tax exemption or stabilization granted by the Town Council pursuant to this Section shall be applicable for a period beginning on the 1' day of the Fiscal Year in which the exemption or stabilization is granted".
(G)	That Section 32-31 of the North Providence Code of Ordinances shall read as follows: "any firm or concern seeking an exemption from the Town of North Providence for a renewable energy system to be located within the Town, shall
 
make a request/application for tax exemption or stabilization pursuant to this Chapter and said request shall be submitted to the Town Council for any application for approval as submitted to any board, office or agency of the Town".
SECTION TWO: All Ordinances or parts thereof, inconsistent herewith, are hereby repealed.
SECTION THREE: This Ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: 


TOWN SOLICITOR
ADOPTED:					
				COUNCIL PRESIDENT	
APPROVED:				
				MAYOR	

TOWN CLERK



THIS ORDINANCE WILL BE HEARD AT THE APRIL 1, 2014 REGULAR TOWN COUNCIL MEETING @ 7:00 P.M. AT NORTH PRVODENCE TOWN HALL, 2000 SMITH STREET, NORTH PROVIDENCE, RI 02911