2022 -- H 7782

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LC005284

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES MANAGEMENT

     

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: March 03, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-15-2 of the General Laws in Chapter 46-15 entitled "Water

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Resources Management" is hereby amended to read as follows:

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     46-15-2. Approval of public water supply facilities.

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     (a) No municipal water department or agency, public water system, including special water

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districts or private water company, engaged in the distribution of water for potable purposes shall

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have any power:

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     (1) To acquire or take a water supply or an additional water supply from an existing

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approved source;

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     (2) To take or condemn lands for any new or additional sources of water supply or for the

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utilization of supplies;

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     (3) To extend its supply or distribution mains into a municipality or special water district

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wherein it has not heretofore legally supplied water;

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     (4) To construct any extension of its transmission mains;

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     (5) To extend the boundaries of a special water district; or

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     (6) To supply water in or for use in any other municipality or civil division of the state

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which owns and operates a water supply system therein, or in any duly organized special water

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district supplied with water by another municipal water department or agency, special water district,

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or private water company, until the municipal water department or agency, special water district,

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or private water company has first submitted the maps and plans therefor to the director of the

 

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department of health, the state planning council and the board, as hereinafter provided, and until

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the water resources board, after receiving the recommendations of the director of the department

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of health and the division of statewide planning, shall have approved the recommendations or

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approved the recommendation with modifications as it may determine to be necessary; provided,

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however, this subsection shall not apply to any area presently served by any municipal water

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department or agency, or special water district.

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     (b) Approval shall not be necessary of any plan or work for the extension of supply or

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distributing mains or pipes of a municipal water supply plant or special district or private water

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company into and for the purpose of supplying water in any territory within the limits of the

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municipality or special district or within the franchise area of the private water company, owning

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the plant, including territory within the municipal special district or franchise limits which has not

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been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of

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existing facilities in connection with an existing plant, wherein the capacity of the plant is in no

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way increased, nor for the construction of filtration or other treatment facilities which will not in

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any way increase the amount of water which can be made available from the present sources of

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supply. Notwithstanding any provision of this section to the contrary, a municipal water

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department, agency, public water system governed under this section shall review applications for

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plans or work for the extension of supply or distribution mains or pipes in accordance with the

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following standards:

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     (1) Such application must not be prohibited by the specific language of the latest water

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supply system management plan ("WSSMP") of the public water supply system;

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     (2) Such applications must comply with the design and construction standards and

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specifications established by the public water supply system for the sizing and location for the

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infrastructure;

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     (3) Such extensions shall not reduce the necessary level of fire protection for the

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community;

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     (4) All water main and service connection materials, construction and inspection required

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hereunder shall be at the sole cost and expense of the applicant;

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     (5) The public water supply system shall be granted an easement in a form acceptable to

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them which shall permit the maintenance, repair or replacement of water lines and all other related

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activities;

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     (6) For applications for single-family residential lots, the applicant must show that:

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     (i) The existing or proposed well for the property does not meet the well industry standard

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as described in the department of environmental management regulations for “yield per depth of

 

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well chart” which is required by the department of health for a dwelling unit; and

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     (ii) Due to the unique characteristics of the property that the drilling of a new well is not

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feasible;

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     (7) For applications located within a public water supply system with limited capacity,

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applicants for commercial uses/properties shall be governed by the rules established for such

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connections by the public water supply system, which shall be in accordance with the system’s

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approved WSSMP.

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     A public water supply system governed under this section may provide for lower standards

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for approval for residential property if such standards meet the requirements of the agency’s state-

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approved WSSMP, and such WSSMP is not expired.

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     (c) The water resources board shall enforce the provisions of this section, and the superior

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court by injunction may, upon application of the water resources board, prevent any action to be

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taken by any municipal water agency or department, special district, or private water company

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without the approval of the water resources board as required by this section.

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     SECTION 2. Chapter 46-15 of the General Laws entitled "Water Resources Management"

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is hereby amended by adding thereto the following section:

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     46-15-2.1. Appeals.

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     An applicant may appeal a denial by a public water supply facility made under § 46-15-

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2(b) which shall be reviewable by the state agency or commission having jurisdiction over the

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public water supply facility and thereafter by superior court pursuant to the standards and

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timeframes set forth in § 42-35-15 ("administrative procedures").

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     SECTION 3. 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 RESOURCES MANAGEMENT

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     This act would provide the standards for reviewing applications for plans or work for the

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extension of supply or distribution mains or pipes. This act would also add an appeal of a denial by

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a public water supply facility pursuant to the administrative procedures act § 42-35-15.

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     This act would take effect upon passage.

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