Chapter 189
2011 -- H 5948 SUBSTITUTE A AS
AMENDED
Enacted 07/01/11
A N A C T
RELATING TO
PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF ADMINISTRATION
Introduced
By: Representatives JP O`Neill, Bennett,
Date Introduced: March 17, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 39-3-11.1 of the General Laws in Chapter
39-3 entitled "Regulatory
Powers of
Administration" is hereby amended to read as follows:
39-3-11.1. Changes
in rates of publicly owned water authorities. -- (a)
Notwithstanding any other provisions of this chapter,
the commission shall not have the power to
suspend the taking effect of any change or changes in the
rates, tolls, and charges filed and
published in compliance with the requirements of sections
39-3-10 and 39-3-11 by any public
waterworks or water service owned or furnished by a city, town,
or any other municipal
corporation defined as a public utility in section 39-1-2, when
the change or changes are proposed
to be made solely for the purpose of making payments or
compensation to any city or town for
reimbursement of any loans or advances of money previously issued
to any public waterworks or
water service by any city or town under existing contracts
or arrangements; provided, however,
that the change or changes shall take effect subject to
refund or credit pending further
investigation, hearing, and order by the commission within eight
(8) months after the effective
date. The public waterworks or water service shall file
with the commission the new rate schedule
along with the documentary evidence of the indebtedness
supporting the new rates. Further, the
rate schedule shall be published in a newspaper of general
circulation in the service area by the
waterworks or water service at least ten (10) days prior to the
effective date thereof.
(b) The provisions of
this section shall not be construed to bar recovery of loans or
advances of money not otherwise reflected in existing rates,
tolls, and charges issued to May 19,
1982.
(c) In setting rates
for publicly owned water authorities, the commission shall not require
the payment of rental fees for fire hydrants from any
municipality that has prohibited such fees by
ordinance as provided in section 45-39-4 and has given notice
to the commission of said
ordinance.
SECTION 2. Chapter 45-39 of the General Laws entitled
"Sale of Water" is hereby
amended by adding thereto the following section:
45-39-4.
Payment for hydrant rentals. – Notwithstanding
any general or special law
relating to publicly owned water authorities, a municipality
may provide by enactment of an
ordinance and complying with the notice requirements of section
39-3-11.1, that the rental usage
or fees for any fire hydrant within the municipality
shall be the responsibility of the water
ratepayers within the municipality which enacted the enabling
ordinance, provided that this
provision shall apply only where the municipality owns the
water supplier and is the exclusive
supplier of public water within the municipality.
SECTION 3. This act shall take effect upon passage.
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LC01695/SUB A
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