| Chapter 089 |
| 2022 -- H 8122 SUBSTITUTE A Enacted 06/17/2022 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- TOWN OF NARRAGANSETT-- LANDING FEE |
Introduced By: Representatives Tanzi, and McEntee |
| Date Introduced: April 08, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-2-35.2 of the General Laws in Chapter 45-2 entitled "General |
| Powers" is hereby amended to read as follows: |
| 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 ($.35) fifty cents ($.50) 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 |
| that 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 the 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 the 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 |
| title 39. The landing fee authorized by this chapter does not apply to any persons receiving free |
| transportation from the public utility under § 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 the 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 the common carriers pursuant to Title 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 percent (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 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 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 that investment. If a dispute arises regarding the |
| disposition of the funds as set forth in this section, 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 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 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 (⅓) 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 in this section, 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. This act shall take effect upon passage. |
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| LC005731/SUB A |
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