SECTION 1. Sections 39-3-1 and 39-3-3 of the General Laws in Chapter 39-3 entitled "Regulatory Powers of Administration" are hereby amended to read as follows:

39-3-1. Services for which certificate of necessity required. -- No public utility whether privately owned or a quasi public agency shall distribute electricity or furnish or sell gas in any town or city in which any other public utility is at the time distributing electricity or furnishing or selling gas to the public generally, unless the public utility desiring to distribute electricity or to furnish or sell gas shall first have obtained a certificate from the division of public utilities and carriers certifying that public convenience and necessity require the same. Nothing contained in this chapter shall be construed to require a certificate to be obtained as a condition of distributing electricity or furnishing or selling gas in any town or city by any public utility which was actually distributing electricity or furnishing or selling gas to the public generally in the town or city on or prior to January 1, 1996 or by any successor to the public utility. The division shall not grant any such certificate to any electric distribution company if the electric distribution company that is distributing electricity in the town or city offers to provide distribution service to all customers served by any nonregulated power producer, whether affiliated or not, on comparable prices and terms approved pursuant to this title, including the transition charge pursuant to section 39-1-27.4. A copy of any application filed by the Block Island Power Company with either the commission or the division shall be provided by the Block Island Power Company to the New Shoreham town clerk by certified mail.

39-3-3. Certificate requirement for water carriers. --(a) No common carrier of persons and/or property operating upon water between termini within this state shall hereafter furnish or sell its services unless the common carrier shall first have made application to and obtained a certificate from the division certifying that public convenience and necessity required the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant to this section. Certificates issued under this section shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues; provided, however, that this fee shall not apply to any city or town, to any agency or department of any city or town of the state, or to any nonprofit corporation, in the tourism industry.

(b) A copy of any application filed with either the commission or the division by a water common carrier which includes a New Shoreham terminus shall be provided by the water common carrier to the New Shoreham town clerk by certified mail.

SECTION 2. This act shall take effect upon passage.