§ 46-12.2-4 - General powers and duties of agency.
SECTION 46-12.2-4
§ 46-12.2-4 General powers and duties ofagency. – (a) The agency shall have all powers necessary or convenient to carry out andeffectuate the purposes and provisions of this chapter, including withoutlimiting the generality of the foregoing, the powers and duties:
(1) To adopt and amend bylaws, rules, regulations, andprocedures for the governance of its affairs, the administration of itsfinancial assistance programs, and the conduct of its business;
(2) To adopt an official seal;
(3) To maintain an office at such place or places as it maydetermine;
(4) To adopt a fiscal year;
(5) To adopt and enforce procedures and regulations inconnection with the performance of its functions and duties;
(6) To sue and be sued;
(7) To employ personnel as provided in § 46-12.2-5, andto engage accounting, management, legal, financial, consulting and otherprofessional services;
(8) Except as provided in this chapter, to receive and applyits revenues to the purposes of this chapter without appropriation or allotmentby the state or any political subdivision thereof;
(9) To borrow money, issue bonds, and apply the proceedsthereof, as provided in this chapter, and to pledge or assign or createsecurity interests in revenues, funds, and other property of the agency andotherwise as provided in this chapter, to pay or secure the bonds; and toinvest any funds held in reserves or in the water pollution control revolvingfund, the Rhode Island water pollution control revolving fund, or the localinterest subsidy trust fund, or any revenues or funds not required forimmediate disbursement, in such investments as may be legal investments forfunds of the state;
(10) To obtain insurance and to enter into agreements ofindemnification necessary or convenient to the exercise of its powers underthis chapter;
(11) To apply for, receive, administer, and comply with theconditions and requirements respecting any grant, gift, or appropriation ofproperty, services, or moneys;
(12) To enter into contracts, arrangements, and agreementswith other persons, and execute and deliver all instruments necessary orconvenient to the exercise of its powers under this chapter; such contracts andagreements may include without limitation, loan agreements with localgovernmental units, capitalization grant agreements, intended use plans,operating plans, and other agreements and instruments contemplated by title VIof the Clean Water Act, 33 U.S.C. § 1381 et seq., or this chapter, grantagreements, contracts for financial assistance or other forms of assistancefrom the state or the United States, and trust agreements and other financingagreements and instruments pertaining to bonds;
(13) To authorize a representative to appear on its ownbehalf before other public bodies, including, without limiting the generalityof the foregoing, the congress of the United States, in all matters relating toits powers and purposes;
(14) To provide financial assistance to local governmentalunits to finance costs of approved projects, and to acquire and hold localgovernmental obligations at such prices and in such manner as the agency shalldeem advisable, and sell local governmental obligations acquired or held by itat prices without relation to cost and in such manner as the agency shall deemadvisable, and to secure its own bonds with such obligations all as provided inthis chapter;
(15) To establish and collect such fees and charges as theagency shall determine to be reasonable;
(16) To acquire, own, lease as tenant, or hold real, personalor mixed property or any interest therein for its own use; and to improve,rehabilitate, sell, assign, exchange, lease as landlord, mortgage, or otherwisedispose of or encumber the same;
(17) To do all things necessary, convenient, or desirable forcarrying out the purposes of this chapter or the powers expressly granted ornecessarily implied by this chapter;
(18) To conduct a training course for newly appointed andqualified members and new designees of ex-officio members within six (6) monthsof their qualification or designation. The course shall be developed by theexecutive director, approved by the board of directors, and conducted by theexecutive director. The board of directors may approve the use of any board ofdirectors or staff members or other individuals to assist with training. Thetraining course shall include instruction in the following areas: theprovisions of chapters 46-12.2, 42-46, 36-14, and 38-2; and the agency's rulesand regulations. The director of the department of administration shall, withinninety (90) days of the effective date of this act [July 15, 2005],prepare and disseminate, training materials relating to the provisions ofchapters 42-46, 36-14 and 38-2; and
(19) Upon the dissolution of the water resources board(corporate) pursuant to § 46-15.1-22, to have all the powers and dutiespreviously vested with the water resources board (corporate), as providedpursuant to chapter 46-15.1.
(20) To meet at the call of the chair at least eight (8)times per year. All meetings shall be held consistent with chapters 42-46.
(b) Notwithstanding any other provision of this chapter, theagency shall not be authorized or empowered:
(1) To be or to constitute a bank or trust company within thejurisdiction or under the control of the department of banking and insurance ofthe state, or the commissioner thereof, the comptroller of the currency of theUnited States of America, or the Treasury Department thereof; or
(2) To be or constitute a bank, banker or dealer insecurities within the meaning of, or subject to the provisions of, anysecurities, securities exchange, or securities dealers' law of the UnitedStates or the state.