2021 -- H 5269

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LC000557

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- COLLECTION OF TAX SALES --

WATER SUPPLY -- WATER AND SEWER CHARGES

     

     Introduced By: Representatives Perez, Williams, Vella-Wilkinson, Hull, Diaz, Lombardi,
Costantino, Solomon, C Lima, and Bennett

     Date Introduced: January 29, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-15-12 of the General Laws in Chapter 39-15 entitled "Water

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Supply" is hereby amended to read as follows:

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     39-15-12. Liability of landowner for water charges -- Lien.

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     The owner of any house, building, tenement, or estate shall be liable for the payment of the

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price or rent or rates fixed by any town, city, or incorporated fire district or water district for the

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use of water furnished by such town, city, fire district, or water district to the owner or occupant of

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the house, building, tenement, or estate; and the price, rent, or rates shall be a lien upon the house,

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building, tenement, and estate in the same way and manner as taxes assessed on real estate are

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liens,; and, if not paid as required by the town, city, fire district, or water district, shall be collected

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in the same manner that taxes assessed on real estate are by law collected; provided, however, that

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the city of Cranston or any agency thereof may charge interest on delinquent payments at a rate of

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not more than twelve percent (12%) per annum; provided, however, that the city of Woonsocket or

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any agency thereof may charge interest on delinquent payments at a rate of not more than eighteen

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percent (18%) per annum.

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     SECTION 2. Section 44-9-3 of the General Laws in Chapter 44-9 entitled "Tax Sales" is

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hereby amended to read as follows:

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     44-9-3. Lien of fire district, lighting district, water district, sewer district and road

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district.

 

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     (a) All taxes, charges, assessments, assessed against any person in any fire district, water

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district, sewer district, road district and lighting district within this state, pursuant to the act of

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incorporation of the district, for either real or personal estate, shall constitute a lien upon that

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person's real estate in the district for the space of three (3) years after the assessment, and, if the

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real estate is not alienated, then until the taxes or fees are collected.

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     (b) Notwithstanding any rule, regulation, general or special law to the contrary, the

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provisions of this tax sales chapter shall not be used to force the sale of real estate owned by persons

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who owe any fire district, water district, sewer district, road district, or lighting district charges.

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     SECTION 3. Section 46-25-22 of the General Laws in Chapter 46-25 entitled

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"Narragansett Bay Commission" is hereby amended to read as follows:

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     46-25-22. Payment of sewer user fees, charges and assessments.

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     The commission shall proceed under the provisions of this chapter to collect the fees,

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charges, and assessments from any person so assessed. Each person so assessed shall pay the fees,

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charges, or assessments within the time frame prescribed by the rules and regulations of the

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commission. The commission may collect the fees, charges, and assessments in the same manner

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in which taxes are collected by municipalities, with no additional fees, charges, assessments, or

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penalties other than those provided for in chapter 9 of title 44. Provided, however, that such fees,

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charges and assessments against residential condominium occupants or residential condominium

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associations shall be set at a residential rate and not at a business, commercial, or other rate. All

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unpaid charges shall be a lien upon the real estate of the person.

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     SECTION 4. 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 -- COLLECTION OF TAX SALES --

WATER SUPPLY -- WATER AND SEWER CHARGES

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     This act would prevent the forced sale of real estate owned by persons who owe fire, water,

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sewer, road or lighting district charges.

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     This act would take effect upon passage.

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