Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0510 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 AMENDING CHAPTERS 106 AND 107 OF THE LOCAL ACTS OF 2021 BOTH ENTITLED
1616 “AN ACT RELATING TO SCHOOL CONSTRUCTION AND FINANCING IN THE CITY OF
1717 CENTRAL FALLS AND AUTHORIZING THE CITY OF CENTRAL FALLS TO ISSUE NOT
1818 TO EXCEED $5,760,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER
1919 EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVAT ION,
2020 IMPROVEMENT, ALTERAT ION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS
2121 AND SCHOOL FACILITIES IN THE CITY”
2222 Introduced By: Senators Acosta, Cano, Quezada, DiPalma, Britto, Pearson, Murray,
2323 Zurier, Sosnowski, and Ciccone
2424 Date Introduced: March 07, 2023
2525 Referred To: Senate Finance
2626
2727
2828 It is enacted by the General Assembly as follows:
2929 WHEREAS, In 2021, the General Assembly passed as companion bills Local Acts 1
3030 Chapters 106 and 107 relating to school construction and financing in the city of Central Falls (the 2
3131 “Prior Acts”); and 3
3232 WHEREAS, The Prior Acts authorized the State, acting through the general treasurer to 4
3333 execute a Financing Agreement and any other agreements necessary to effectuate the purposes of 5
3434 the Prior Acts and the Prior Acts served as the joint resolution required pursuant to Rhode Island 6
3535 General Laws §35-18-1, et seq (the “Rhode Island Public Corporation Debt Management Act”); 7
3636 WHEREAS, The Prior Acts were silent on the use of premium generated from the sale of 8
3737 bonds or notes issued by the Rhode Island Heath and Educational Building Corporation payable 9
3838 from annual appropriations by the State; and 10
3939 WHEREAS, It is desirable that premium on the sale of bonds and notes be permitted to be 11
4040 used to pay costs of the Central Falls School Project as defined in the Prior Acts. 12
4141 NOW THEREFORE, It is enacted and resolved by the General Assembly as follows: 13
4242 SECTION 1. Section 2 of Local Acts of 2021 Chapters 106 and 107 are hereby each 14
4343 amended as follows: 15
4444 SECTION 2. City of Central Falls School Project. 16
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4848 WHEREAS, The WHEREAS clauses in paragraphs 1 through 5 hereof are hereby 1
4949 incorporated herein by reference. 2
5050 WHEREAS, The City of Central Falls is proposing a project consisting of the construction, 3
5151 renovation, improvement, alteration, repair, furnishing and equipping of schools and school 4
5252 facilities in the city; and 5
5353 WHEREAS, The Project will be financed through the Rhode Island Health and Educational 6
5454 Building Corporation (the “Corporation”) under its school financing revenue bond program, with 7
5555 an expected term of not to exceed thirty (30) years and it is anticipated that the State will be a 8
5656 signatory to the Financing Agreement with the Rhode Island Health and Educational Building 9
5757 Corporation; and 10
5858 WHEREAS, It is anticipated that the State’s obligations under the Financing Agreement 11
5959 will be subject to appropriation therefor by the General Assembly in each budget year; and 12
6060 WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the 13
6161 General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island 14
6262 of certain obligations, including financing guarantees or other agreements; and 15
6363 WHEREAS, The principal amount of bonds which will finance the project costs and costs 16
6464 of financing covered by the Financing Agreement is not expected to exceed $144,000,000. Any 17
6565 premium received from the sale of any bonds or notes shall be used toward project costs and shall 18
6666 not reduce the principal amount of bonds or notes. Debt service payments will be supported by 19
6767 revenues received by the Corporation under the Financing Agreement which include annual 20
6868 appropriations for debt service made by the State, state school construction aid payments and state 21
6969 school operations aid payments if any, pursuant to chapter 16-7 of the Rhode Island general laws 22
7070 and payments from the City of Central Falls under the Financing Agreement. Total debt service on 23
7171 the bonds in not expected to exceed $9,400,000 annually and $281,000,000 in the aggregate based 24
7272 on an average interest rate of five percent (5.00%); 25
7373 Now therefor be it resolved 26
7474 RESOLVED, That this General Assembly hereby approves the issuance of bonds or notes 27
7575 to finance the Central Falls School Project in a principal amount up to $144,000,000 plus any 28
7676 original issue premium, such bonds or notes not to be reduced by any premium received on the sale 29
7777 of any bonds or notes which premium shall be used for project costs for the Central Falls School 30
7878 Project; and be it further 31
7979 RESOLVED, That the State, acting through the general treasurer may execute the 32
8080 Financing Agreement as contemplated herein and any other agreements necessary to effectuate the 33
8181 purposes of this act; and be it further 34
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8585 RESOLVED, That the bonds will be special obligations of the Corporation payable from 1
8686 funds received by the Corporation under the Financing Agreement and other revenues received by 2
8787 the Corporation, in any combination or priority as may be designated in the proceedings of the 3
8888 Corporation authorizing the issuance of such debt. The total debt service on the bonds is estimated 4
8989 to average approximately nine million four hundred thousand dollars ($9,400,000) per year or 5
9090 approximately two hundred eighty-one million dollars ($281,000,000) in the aggregate, at an 6
9191 average interest rate of approximately five percent (5%) and an approximately thirty (30) year 7
9292 maturity; and be it further 8
9393 RESOLVED, That the bonds will not constitute indebtedness of the State or any of its 9
9494 subdivisions or a debt for which the full faith and credit of the State or any of its subdivisions is 10
9595 pledged. This act shall constitute an enabling act of the general assembly that is required pursuant 11
9696 to § 16-7-44. 12
9797 RESOLVED, That the State’s authority to incur the obligations set forth herein will expire 13
9898 within five (5) years of the date of passage of this act if such financing transaction is not executed 14
9999 prior to that date. 15
100100 SECTION 3. This act shall take effect upon passage. 16
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107107 EXPLANATION
108108 OF
109109 A N A C T
110110 AMENDING CHAPTERS 106 AND 107 OF THE LOCAL ACTS OF 2021 BOTH ENTITLED
111111 “AN ACT RELATING TO SCHOOL CONSTRUC TION AND FINANCING IN THE CITY OF
112112 CENTRAL FALLS AND AUTHORIZING THE CITY OF CENTRAL FALLS TO ISSUE NOT
113113 TO EXCEED $5,760,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER
114114 EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVA TION,
115115 IMPROVEMENT, ALTERAT ION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS
116116 AND SCHOOL FACILITIES IN THE CITY”
117117 ***
118118 This act would clarify that premium received on the sale of bonds or notes shall be used 1
119119 for project costs. 2
120120 This act would take effect upon passage. 3
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