2015 -- H 5339

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- WATER SUPPLY FACILITIES

     

     Introduced By: Representative Blake Anthony Filippi

     Date Introduced: February 05, 2015

     Referred To: House Finance

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-15.1-5 of the General Laws in Chapter 46-15.1 entitled "Water

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Supply Facilities" is hereby amended to read as follows:

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     46-15.1-5. Powers. -- (a) The board shall carry out its functions and shall have the

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following powers:

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      (1) To adopt a seal and to alter the seal from time to time;

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      (2) To sue and be sued;

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      (3) To purchase, hold, and dispose of real and personal property, or interests therein, and

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to lease the property as lessee or lessor;

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      (4) To make or cause to be made such surveys and borings as it may deem necessary;

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      (5) To engage engineering, legal, accounting, and other professional services;

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      (6) To make contracts;

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      (7) To employ personnel and fix their rates of compensation;

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      (8) To borrow money and issue its bonds and notes as hereinafter provided;

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      (9) To apply and contract for and to expend assistance from the United States or other

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sources, whether in the form of a grant or loan or otherwise;

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      (10) To adopt and amend bylaws for the regulation of its affairs and the conduct of its

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business;

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      (11) To invest or deposit funds in demand deposits, savings deposits, and time deposits

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in any bank or trust company which is a member of the Federal Deposit Insurance Corporation or

 

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in any obligations issued or guaranteed by the United States or any agency or instrumentality

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thereof, or as provided in § 35-10-11;

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      (12) To establish, operate, and maintain or lease to others, or contract with others for the

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use of, such water supply facilities as may be reasonably required for the fulfillment of its

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purposes;

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      (13) To purchase and sell water;

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      (14) To exercise such other powers as may be necessary or incidental to the exercise of

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the foregoing powers or to the accomplishment of the purposes of the board;

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      (15) To acquire, within the limitation of funds therefor, the sites, appurtenant marginal

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lands, dams, waters, water rights, rights of way, easements, and other property in interests in

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property for reservoirs, groundwater wells, well sites, and for such pipe lines, aqueducts, pumping

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stations, filtration plants, and auxiliary structures as may be necessary or desirable for the

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treatment and distribution of water from those reservoirs, groundwater wells, and well sites.

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Lands acquired under the provisions of this section shall be acquired with the approval of the

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governor, and of the city or town council of the municipality wherein such lands are situated, by

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purchase, gift, devise, or otherwise on such terms and conditions as the board shall determine, or

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by the exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, as

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amended, insofar as those provisions are consistent with the provisions hereof;

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      (16) To construct or purchase water reservoirs, wells and well sites, processing facilities,

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transmission or distribution systems, and other facilities, including existing facilities of municipal

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water agencies or departments, special water districts, or private water companies, necessary to

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accomplish the purposes of this chapter and to implement its plans and program;

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      (17) To acquire the assets, assume the liabilities, or to effect the merger into itself of any

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corporation or other organization, including public or private water supply systems incorporated

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or organized under the laws of this state, which corporation or organization has as its principal

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business the establishment of water supply facilities or provision of related services, all upon such

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terms and for such consideration as the board shall deem to be appropriate;

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      (18) To lease, sell, or otherwise convey any reservoir sites or other water supply or

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distribution facilities acquired, constructed, or purchased by the board to any municipal water

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agency or department or special water district or private water company, upon such terms as the

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board shall deem appropriate;

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      (19) To provide for cooperative development, conservation, and use of water resources

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by the state, municipal agencies or departments, special water districts or privately owned water

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systems, the board may:

 

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      (i) Authorize publicly or privately owned water supply agencies to build structures or

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install equipment on land owned or leased by the board.

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      (ii) Enter into contracts with publicly or privately owned water supply agencies for

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operation of any facilities owned or leased by the board or operate any such facility by itself.

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      (20) To enter into contracts to supply raw or processed water to publicly or privately

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owned water supply agencies, which shall be approved as to substance by the director of

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administration and as to form by the attorney general;

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      (21) To review all plans and proposals for construction or installation of facilities for

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water supply in accordance with the applicable sections of chapter 15 of this title;

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      (22) To make loans to publicly owned water supply agencies for acquisition,

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construction, and renovation of water supply facilities from funds which may be appropriated for

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this purpose by the general assembly, from bonds issued for this purpose, or from other funds

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which may become available to the board for this purpose;

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      (23) To borrow money temporarily from the water development fund, for the purposes of

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this chapter, and to implement its plans and programs relating to reservoir development, exclusive

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of the acquisition of sites for the development of surface reservoirs, in anticipation of revenue or

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federal aid;

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      (24) To enter into contracts and/or agreements with such departments, divisions,

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agencies, or boards of the state as are directed by the governor to regulate, manage, or perform

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related functions on any lands or waters acquired under the provisions of the Big River -- Wood

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River Reservoir Site Acquisition Act (P.L. of 1964, chapter 133); and

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      (25) To compensate the departments, divisions, agencies, or boards from the water

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development fund in an amount equal to the cost of providing the functions or services as are

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directed to be performed by the governor. The compensation shall be mandatory and shall be

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provided according to procedures established by the department of administration.

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      (b) The board as a body politic and corporate and public instrumentality created pursuant

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to this chapter is subject to § 46-15.1-5(1) -- (25). The board as the state agency pursuant to

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chapter 15 of this title is subject to § 46-15.1-5(15) -- (25).

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- WATER SUPPLY FACILITIES

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     This act would require consent by a municipality of any land acquisition therein by the

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water resources board.

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     This act would take effect upon passage.

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