Chapter 217 |
2025 -- S 1110 Enacted 06/26/2025 |
A N A C T |
RELATING TO TOWNS AND CITIES-GENERAL POWERS -- NARRAGANSETT LANDING FEES |
Introduced By: Senator Alana DiMario |
Date Introduced: May 23, 2025 |
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 |
fifty cents ($.50) one dollar ($1.00) 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 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 |
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 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 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 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 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 (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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LC002972 |
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