2013 -- H 6239

=======

LC02792

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- WATER SUPPLY

     Introduced By: Representatives Gallison, Marshall, Malik, and Hearn

     Date Introduced: June 13, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 39-15-12 of the General Laws in Chapter 39-15 entitled "Water

1-2

Supply" is hereby amended to read as follows:

1-3

     39-15-12. Liability of landowner for water charges -- Lien. -- The (a) Except as

1-4

provided in subsection (b) herein, the owner of any house, building, tenement, or estate shall be

1-5

liable for the payment of the price or rent or rates fixed by any town, city, or incorporated fire

1-6

district or water district for the use of water furnished by such town, city, fire district, or water

1-7

district to the owner or occupant of the house, building, tenement, or estate; and the price, rent, or

1-8

rates shall be a lien upon the house, building, tenement, and estate in the same way and manner as

1-9

taxes assessed on real estate are liens, and, if not paid as required by the town, city, fire district, or

1-10

water district, shall be collected in the same manner that taxes assessed on real estate are by law

1-11

collected; provided, however, that the city of Cranston or any agency thereof may charge interest

1-12

on delinquent payments at a rate of not more than twelve percent (12%) per annum; provided,

1-13

however, that the city of Woonsocket or any agency thereof may charge interest on delinquent

1-14

payments at a rate of not more than eighteen percent (18%) per annum.

1-15

     (b) Notwithstanding the provisions of subsection (a), the Bristol County Water Authority

1-16

shall be prohibited from issuing bills directly to and in the name of property owners for use of

1-17

authority facilities and/or for water furnished directly to a tenant or lessee of the property owner,

1-18

when the property owner is not a party to any agreement or contract between the authority and the

1-19

tenant or lessee. No lien shall be created against the property solely because of the use of

1-20

authority facilities and/or for water furnished to a tenant or lessee of the property when the

2-1

property owner is not a party to any agreement or contract between the authority and the tenant or

2-2

lessee. Any lien that arises pursuant to this section against any real property serviced by the

2-3

Bristol County Water Authority shall not include the cost of facilities used and/or water furnished

2-4

to tenants or lessees of the property when the property owner is not a party to any agreement or

2-5

contract between the authority and the tenant or lessee. Provided, that this subsection shall not

2-6

limit any cause or right of action of the authority against the tenant, lessee, or any party with

2-7

whom the authority has contracted with. As used herein, the term "Bristol County Water

2-8

Authority" includes any successor entity to the authority.

2-9

     SECTION 2. This act shall take effect upon passage.

=======

LC02792

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- WATER SUPPLY

***

3-1

     This act would prohibit the Bristol County Water Authority from issuing bills to a

3-2

property owner for a tenant's use of facilities and for the provision of water directly to a tenant.

3-3

This act would also provide that the authority would also be prohibited from foreclosing on a lien

3-4

against the property owner for charges arising out of water and services provided only to a tenant.

3-5

     This act would take effect upon passage.

=======

LC02792

=======