2012 -- S 2963

=======

LC02613

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO TOWNS AND CITIES - PASCOAG UTILITY DISTRICT

     Introduced By: Senator P Fogarty

     Date Introduced: May 17, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 45-58-8 of the General Laws in Chapter 45-58 entitled "Pascoag

1-2

Utility District" is hereby amended to read as follows:

1-3

     45-58-8. Powers of the Utility District. -- The utility district shall have the power:

1-4

      (1) To acquire real or personal property and tangible or intangible personal property by

1-5

voluntary purchase from the owner or owners of the property, and to the extent that the board of

1-6

utility commissioners deems it advisable, to acquire property held by a corporation through

1-7

acquisition of the stock of the corporation and dissolution of the corporation;

1-8

      (2) To acquire real property, fixtures and rights and interests in real property within its

1-9

utility service area by eminent domain, subject to the supervision of the public utilities

1-10

commission in the manner prescribed in section 39-1-31;

1-11

      (3) To own, operate, maintain, repair, improve, enlarge and extend, in accordance with

1-12

the provisions of this chapter, any property acquired under this section all of which, together with

1-13

the acquisition of the property, are hereby declared to be public purposes;

1-14

      (4) To produce, purchase, acquire, distribute and sell water and electricity at wholesale

1-15

or retail within or without its utility service area; to lay down, construct, own, operate, maintain,

1-16

repair and improve mains, pipes, wells, towers and other equipment and facilities necessary,

1-17

appropriate or useful for those purposes; and to contract with others for any or all of the foregoing

1-18

purposes;

1-19

      (5) To produce, buy, sell and trade electric capability, power or energy products or

1-20

services at wholesale or retail; to purchase for its own use or for resale electric transmission

2-1

service and ancillary services; and to engage in any other transaction with respect to electricity or

2-2

electricity products that was heretofore authorized for the Pascoag fire district or investor-owned

2-3

electric companies operating as domestic electric utilities with within the state (including

2-4

participation in generating facilities as authorized by chapter 20 of title 39); provided, that the

2-5

utility district shall operate and be subject to regulation of its retail rates for electricity under title

2-6

39 of the general laws when operating within its utility service area;

2-7

      (6) To operate as a nonregulated power producer within the meaning and contemplation

2-8

of section 39-1-2(19) when engaging in the sale of electricity at retail outside of its utility service

2-9

area;

2-10

      (7) To acquire, own, lease, operate, maintain, repair and expand facilities and equipment

2-11

necessary, appropriate or useful to the operation of other utilities, including, but not limited to,

2-12

communications services such as internet service, high speed data transfer, local and long

2-13

distance telephone service, community antenna television service, and to engage in the operation

2-14

of such utilities;

2-15

      (8) To sue and be sued;

2-16

      (9) To adopt and alter a corporate seal;

2-17

      (10) To acquire, hold, use, lease, sell, transfer, assign or otherwise dispose of any

2-18

property, real, personal or mixed, or any interest therein for its corporate purposes, and to

2-19

mortgage, pledge or lease any such property;

2-20

      (11) To make and adopt bylaws for the management and regulation of its affairs;

2-21

      (12) To borrow money for any of the purposes or powers granted to it under or by

2-22

operation of this chapter, including the creation and maintenance of working capital, and to issue

2-23

negotiable bonds, notes or other obligations, to fund or refund the same, and to secure the

2-24

obligation of such bond, notes or other obligations in any case by pledge of or security interest in

2-25

the revenues and property of the utility district.

2-26

      (13) To fix rates (subject to the requirements of title 39 of the general laws in the case of

2-27

retail electric rates within its utility service area) and collect charges for the use of the facilities or

2-28

services rendered by or any commodities furnished by the utility district;

2-29

      (14) To contract in its own name for any lawful purpose which would effectuate the

2-30

purposes and provisions of this chapter; to execute all instruments necessary to carry out the

2-31

purposes of this chapter; and to do all things necessary or convenient to carry into effect and

2-32

operation the powers granted by this chapter; and

2-33

      (15) Until and only until such time as those utility bond obligations to which the Pascoag

2-34

utility district succeeds under or by operation of this chapter shall have been retired, defeased or

3-1

otherwise satisfied in their entirety, to levy property tax assessments upon property owners within

3-2

its utility service area for the purpose of supporting utility bond obligations of the Pascoag fire

3-3

district outstanding as of April 4, 2001 in the same manner and to the same extent as the Pascoag

3-4

fire district was authorized to do so under the act passed at the May session 1887, entitled "An

3-5

Act to Incorporate the Pascoag Fire District" as thereafter amended and supplemented from time

3-6

to time.

3-7

     SECTION 2. This act shall take effect upon passage.

=======

LC02613

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - PASCOAG UTILITY DISTRICT

***

4-1

     This act would allow the Pascoag Utility District to produce, purchase, acquire, distribute

4-2

and sell electricity at wholesale or retail within or without its utility service area.

4-3

     This act would take effect upon passage.

=======

LC02613

=======