2016 -- H 7870 SUBSTITUTE A

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LC003374/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

     

     Introduced By: Representative John G. Edwards

     Date Introduced: March 04, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-1-23 of the General Laws in Chapter 39-1 entitled "Public

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Utilities Commission" is hereby amended to read as follows:

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     39-1-23. Administrative expenses -- Assessment against utilities. -- (a) The

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administrator shall aggregate the expenses of the division, including expenses incurred by the

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attorney general pursuant to § 39-1-19, and expenses incurred by the commission for each

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upcoming fiscal year and shall apportion and assess these expenses among the state's regulated

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utilities based upon approved budgets. When submitting the budget, the budget office shall

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clearly indicate the revenues from assessments. Included within this prospective assessment shall

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be those expenses expected to be incurred by the attorney general pursuant to § 39-1-19 for the

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upcoming fiscal year. The expenses anticipated by the attorney general and the commission for

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each upcoming fiscal year shall be communicated to the administrator within thirty (30) days of

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request by the administrator. The administrator shall thereupon apportion and assess one hundred

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percent (100%) of such expenses among the several public utility companies and common

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carriers located in this state in the proportion that the gross intrastate utility operating revenues of

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each public utility company and common carrier shall bear to the total gross intrastate utility

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operating revenues for the last preceding fiscal year of all public utility companies and common

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carriers; provided, however, that any public utility or common carrier, whose gross intrastate

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revenues in any fiscal year as reported to the administrator do not exceed one hundred thousand

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dollars ($100,000), shall not be subject to the assessment under the provisions hereof; and,

 

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provided further, that all motor carriers subject to the provisions of chapter 12 chapters 12 and 14

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of this title shall not be subject to the assessment under the provisions hereof. The sum so

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apportioned and assessed shall be in addition to any taxes payable to the state under any other

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provision of law. The assessments shall be divided between the commission and the division

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based upon the approved budgets.

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      (b) The administrator shall apply any budgetary balance or shortfalls remaining from a

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prior annual assessment toward the next upcoming fiscal year assessment to the division or the

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commission as appropriate.

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      (c) Upon collection from the several public utility companies and common carriers

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operating in this state, assessments and any state appropriations shall be deposited in an account

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to be known as the public utilities commission funding account. This fund shall be a restricted

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receipt account and shall be kept by the general treasurer separately and shall be paid out by the

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general treasurer only upon receipt of properly authenticated vouchers signed by the administrator

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or his or her designee for the division's share of the account. The same procedure shall be

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followed for the commission except that such vouchers shall be signed by the commission

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chairperson or his or her designee. The general treasurer shall provide for separate accounting of

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the division and commission budget and expenses. The moneys in the public utilities fund shall

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be expended by the administrator or the commission, as appropriate for meeting the expenses of

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the operation of the commission, the division and those expenses incurred by the attorney general,

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pursuant to § 39-1-19.

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      (d) The legislature may appropriate from the general funds such sums as are necessary

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for the regulation of public utilities.

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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 PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

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     This act would exempt taxicabs and limited public motor vehicles from the public utility

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companies annual financial assessment for reimbursement of administrative expenses.

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     This act would take effect upon passage.

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