law22065

Chapter 065

2022 -- H 7782
Enacted 06/15/2022

A N A C T

RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES MANAGEMENT

Introduced By: Representative Joseph J. Solomon

Date Introduced: March 03, 2022

It is enacted by the General Assembly as follows:

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

Resources Management" is hereby amended to read as follows:

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

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

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

purposes shall have any power:

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

approved source;

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

utilization of supplies;

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

wherein it has not heretofore legally supplied water;

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

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

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

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

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

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

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

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

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

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

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

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

department or agency, or special water district.

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

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

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

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

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

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

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

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

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

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

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

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

following standards:

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

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

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

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

location for the infrastructure;

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

community;

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

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

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

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

activities;

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

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

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

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

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

feasible;

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

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

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

approved WSSMP.

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

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

approved WSSMP, and such WSSMP is not expired.

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

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

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

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

is hereby amended by adding thereto the following section:

46-15-2.1. Appeals.

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

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

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

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

SECTION 3. This act shall take effect upon passage.

========

LC005284

========