2024 -- H 7604

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LC004354

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF

ADMINISTRATION

     Introduced By: Representatives Handy, Fogarty, Kislak, and Tanzi

     Date Introduced: February 15, 2024

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-3-25 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

     39-3-25. Proceedings for approval of transactions between utilities.

     (a) The proceedings for obtaining the consent and approval of the division commission for

such authority shall be as follows: There shall be filed with the division commission a petition,

joint or otherwise, as the case may be, signed and verified by the president and secretary of the

respective companies clearly setting forth the object and purposes desired; stating whether or not it

is for the purchase, sale, lease, or making of contracts or for any other purpose in § 39-3-24

provided; and also the terms and conditions of the same. The division commission shall upon the

filing of the petition, if it deem a hearing necessary, fix a time and place for the hearing thereof. If,

after the hearing, or, in case no hearing is required, the division is satisfied that the prayer of the

     (b) The petition should may not be granted; that unless the facilities for furnishing service

to the public will not thereby be diminished; and that the purchase, sale, or lease and the terms

thereof are consistent with the public interest, it shall make such order in the premises as it may

deem proper and the circumstances may require. The public interest includes, but is not limited to,

an interest in rates, in competitive access to markets and elimination of all anti-competitive

influence, in proper administration and regulation of any utility functions, in environmental

protection, in any interest addressed in the petition, and in any other purpose of Rhode Island law

or policy implicated by the proposed transaction.

     (c) The commission shall allow intervention and advocacy by any citizen, business or any

other group seeking to advocate on or for any such element of the public interest. It shall not deny

participation on the premise that private commercial interests cannot also be in the public interest

or that any public interest is otherwise represented by any public agency or any other party.

     (d) Any commission order issued under this section is subject to appellate review under §

42-35-15.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF

ADMINISTRATION

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     This act would provide amendments to the procedures necessary for approval of

transactions between utilities by giving the public utilities commission (PUC) jurisdiction over the

approval process rather than the division, mandating a public hearing, allowing intervention by any

interested party and providing for appeal of its decision.

     This act would take effect upon passage.

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LC004354

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