A N A C T
RELATING TO TOWNS AND CITIES - - GENERAL POWERS
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby amended by adding thereto the following section:
45-2-35.2. Town of Narragansett - - Landing fee. -- (a) The town of Narragansett is hereby authorized to charge, assess, or otherwise collect a thirty-five cents ($.35) landing fee on each passenger over the age of twelve (12) arriving in the Port of Galilee, Narragansett, Rhode Island, by public or private boat; provided, however, that this provision shall not apply to vessels when they are engaged in commercial fishing. All fees collected, less expenses of collection, if any, shall be utilized by the town of Narragansett to protect the health, safety, and welfare of all passengers, including, but not limited to, emergency medical services, acquisition of both personal and real property to provide support to the ferry passengers, and to establish a fund to assist the town of Narragansett in resolving problems which arise due to the impact of vessels landing passengers in the town of Narragansett. The town of Narragansett may enter into agreements with any common carriers by water operating in the town of Narragansett and any operator of a marina in the town of Narragansett authorizing such common carrier or marina operator to collect the landing fee on behalf of the town of Narragansett. The agreement shall provide for the payment of a reasonable fee, (not to exceed fifteen percent) (15%) of the landing fee, by the town to such common water carrier or marina operator and indemnification of the water carrier or marina operator from and against any liability to, or claim of liability by third parties, arising from the collection of the boarding fee. All such common carriers shall collect the landing fee on behalf of the town of Narragansett, by including the amount of the fee in its rate and charge to adult passengers without the necessity of approval of the landing fee from the Public Utilities Commission ("PUC") or the Division of Public Utilities and Carriers ("DPUC") under Title 39. The landing fee authorized by this chapter does not apply to any persons receiving free transportation from the public utility under section 39-2-5. The town council of the town of Narragansett shall promulgate rules and regulations to implement the provisions of this section. The town of Narragansett may seek no fees from such common carriers other than those set forth in this section, provided; however, that this sentence shall not preclude the taxation of property, but not the vessels, of such common carriers pursuant to Title 44.
(b) The rate relief previously authorized by the PUC for Interstate Navigation Company in 1997 (PUC Docket No. 2484) which authorized the increase of Interstate Navigation Company's rates (except the Block Island Passenger Commuter Rate) by one and four-tenths per cent (1.4%) in order to pay for property taxes assessed against Interstate Navigation Company's vessels by the town of Narragansett shall continue in full force and effect until June 1, 2002. Notwithstanding the restriction placed by the PUC on the money collected by Interstate Navigation Company pursuant to this rate relief, the money shall be disposed of as follows: (1) from the monies collected as of June 30, 2001, Interstate Navigation Company shall make a one time payment to the town of Narragansett of eighty-five thousand dollars ($85,000) and the town of Narragansett shall be authorized to retain the fifteen thousand dollars ($15,000) previously paid to it by Interstate Navigation Company; (2) the balance of the funds collected as of June 30, 2001, are to be invested in equipment and facilities to serve the rate payers of Interstate Navigation Company subject to DPUC subsequent verification of said investment. If a dispute arises regarding the disposition of the funds as set forth herein, then the DPUC or Interstate Navigation Company may petition the PUC for review, and the decision of the PUC shall be final and binding and not appealable. For purposes of this section, the use of such funds by Interstate Navigation Company for: (1) the repair and/or replacement of the bulkhead and related facilities at Interstate's Block Island facility; or (2) Interstate's expenses related to the construction of its new terminal facility in Galilee, including the construction of facilities for the connector road lots; and/or (3) the pre-payment of principal and related pre-payment fees on the loan outstanding for the M/V Block Island, shall be deemed to be equipment and facilities that serve the rate payers of Interstate Navigation and shall not be subject to any prior review or approval by the DPUC and/or PUC; provided that subsequent verification and approval shall remain within the purview of the DPUC and PUC for rate making purposes. Any expenditures out of the funds collected as of June 30, 2001, for any other purposes shall require the prior approval of the DPUC to assure that the proposed expenditures are in the best interest of the rate payers. If a dispute arises between Interstate Navigation Company and the DPUC as to such proposed expenditures, then the DPUC or Interstate Navigation Company may petition the PUC for review.
(c) From the funds collected between July 1, 2001 and May 31, 2002, one-third (1/3) of the total shall be paid to the town of Narragansett in June, 2002, and the balance shall be retained by Interstate Navigation Company to be invested in equipment and facilities to serve the rate payers of Interstate Navigation Company. Interstate Navigation Company shall be required to obtain the prior approval of the DPUC in order to expend these funds. If a dispute arises regarding the disposition of these funds as set forth herein, the DPUC or Interstate Navigation Company may petition the PUC for review.
(d) As to property over which the town of Narragansett has regulatory control, the town of Narragansett may not prohibit overnight parking on private property and currently existing parking lots in Galilee, and there will be no mandatory offsite parking for cars in Galilee.
SECTION 2. Section 1 (a) of this act shall take effect on June 1, 2002. The remaining sections shall take effect upon passage.