It is enacted by the General Assembly as follows:

SECTION 1. Sections 46-15.4-3 thru 46-15.4-5, 46-15.4-7, 46-15.4-10, 46-15.4-11, 46-15.4-12 and 46-15.4-13 of the General Laws in Chapter 46-15.4 entitled "Water Supply Management" are hereby amended to read as follows:

{ADD 46-15.4-3. Content of water supply management plans. -- ADD} A water supply management plan shall be prepared in the format, and shall address each of the topics, listed in this section, to the extent that each is relevant to the municipality or water supplier, the water source(s), the water system(s), and the area served or eligible to be served. Notwithstanding any other provisions of this chapter, water supply management plans shall be in conformity with all applicable provisions of the Federal Safe Drinking Water Act [42 U.S.C. section 300f et seq.], chapter 13 of this title, Public Drinking Water Supply and chapter 14 of this title, Contamination of Drinking Water, as administered by the department of health. Any other topic of interest may be included.

(a) A water supply management plan shall include, without limitation:

(1) A statement of the goals that the plan is designed to achieve.

(2) A description of the water system(s) covered, including sources of water, the service area, present and anticipated future users, and other important characteristics.

(3) Data collection in a form that can be accepted directly into the Rhode Island Geographic Information System. Monitoring of system operations shall be performed at intervals approved by the director of the department of environmental management in coordination with the office of strategic planning of the division of planning so as to evaluate all critical aspects of the system, compare performance with capabilities and expectations, and provide a basis for continuing water supply planning at the system, municipal, regional, and state levels.

(4) Demand management measures that will achieve a high level of efficiency in the use of a limited resource, through the application of metering of one hundred percent (100%) of the water used; sanitary device retrofit; technical assistance to and performance of water use audits for major industrial, commercial, institutional, government, and agricultural and other outdoor water users; education and information; and use of appropriate fees, rates, and charges to influence use.

(5) System management measures to insure that the following elements are optimally operated and maintained, including: leak detection and repair; meter installation and replacement; and frequency of reading meters. Maintenance or reduction of non-account water to stated goals shall be considered an essential component of system management.

(6) Supply management measures to insure present and future availability of drinking water in adequate quantity and quality, including protection of the capacity and quality of drinking water sources; retaining water sources for standby or future use that are or can be improved to drinking water quality; reactivation of any water sources not in use; interconnection of systems for ongoing, standby, or emergency use; and supply augmentation

(7) Emergency management, including risk assessment; responses to temporary or permanent loss of supplies due to natural or manmade causes; extraordinary treatment processes; interruptions in the delivery system; and contamination of water sources or delivery systems.

(b) The water supply management plans of water suppliers shall document that coordination has been accomplished with those plans of other suppliers in the vicinity and with operators of wastewater treatment and disposal facilities serving all or part of the same area or that a good faith effort to do so has been made. Plans shall be consistent with applicable local comprehensive plans and shall be integrated into the water supply plans of the municipality or municipalities in which the service area is or is planned to be located. Conversely, the local comprehensive plans shall be consistent with water supply plans.

(c) Water supply management plans shall designate the person or organization responsible for taking each action, others who must participate, and the time period in which each action is to be taken. The capital, operating, and maintenance cost (if any) of each action shall be estimated and the anticipated source of funds shall be identified.

{ADD (d) Water suppliers subject to this chapter shall utilize methods to implement management measures necessary to achieve the findings, intent, and objectives of this chapter.

The water supplier may be required to document the validity or effectiveness of any management measure, implementation method, or other provision or action included in its plan. ADD}

{ADD 46-15.4-4. Completion and filing of water supply management plans. -- ADD} Each party required by this chapter to prepare and maintain a water supply management plan shall complete and adopt an initial plan by October 1, 1993, except as provided in this section. In its discretion, the water supply management division may be regulation schedule the submittal of water supply management plans over a nine (9) month period starting on October 1, 1993.

{DEL (a) Municipalities shall adopt each plan and each amendment thereto and shall submit the plan or amendment to the director of administration as provided for by sections 45-22.2-8 and 45-22.2-9. Decisions of the director of administration thereon shall be subject to appeal as provided by chapter 22.3 of title 45. DEL}

(b) Municipalities and water suppliers subject to the requirements of section 46-15.4-2(b) of this chapter shall file a copy of all plans and amendments thereto with the following:

(1) The water supply management division of the department of environmental management or its successor.

(2) The division of drinking water quality of the department of health.

(3) The division of planning of the department of administration.

(4) The {DEL public utilities commission or chief DEL} administrator of the division of public utilities and carriers if the agency is subject to regulation under title 39.

{ADD (5) The water resources board. ADD}

(c) Municipalities and water suppliers subject to section 46-15.4-2(b) shall review their plans at least once every five (5) years, and shall amend or replace their plan as required so as to remain current.

{ADD Additionally, on a thirty (30) month basis, each supplier shall report to the water supply management division on the status of their plan implementation and shall provide the following information; metered source production; wholesale water sales and purchases; gross retail water sales; retail water sales by customer category beginning no later than first scheduled five (5) year plan update; calculation of non-account water; and number of customers served. ADD}

(d) A municipality or water supplier subject to section 46-15.4-2(b) of this chapter may request, in writing, that the water supply management division of the department of environmental management or its successor extend the time in which to complete {ADD and submit filings required by this chapter, ADD} {DEL its water supply management plan, DEL} not to exceed one (1) year. A request shall be approved only upon demonstration that an extension is justified by extraordinary circumstances beyond the control of the municipality or water supplier. An extension, if approved, shall not waive any of the requirements of sections 46-15.4-5 {DEL , 46-15.4-10, or 46-15.4-11 DEL} . This provision does not apply to the section on emergency management. {ADD Should a municipality or water supplier fail to submit a filing as provided herein, a determination of non- compliance shall be made by the water supply management division. ADD}

{ADD 46-15.4-5. Expeditious review of water supply management plans. -- ADD} The water supply management division of the department of environmental management or it successor shall coordinate the expeditious review of water supply management plans {ADD , replacements and amendments thereto ADD} prepared by water suppliers and all other subject to section 46-15.4-2(b) of this chapter.

(a) Upon {DEL receipt DEL} {ADD filing ADD} of water supply management plans {ADD , replacements and amendments thereto ADD} prepared by water suppliers under this chapter the division of drinking water quality {DEL , DEL} of the department of health, the division of planning {DEL , or DEL} {ADD of ADD} the department of administration {ADD , ADD} {DEL and DEL} the {ADD division of ADD} public utilities {DEL commission DEL} {ADD and carriers, and the water resources board ADD} shall have ninety (90) days to review said {DEL plans DEL} {ADD filings ADD} and submit comments thereon to the water supply management division.

(b) Upon consideration of written comments by all agencies designated herein the water supply management division shall determine whether the plan complies with the requirements of this chapter. {ADD Should any reviewing agency find that substantive deficiencies prevent the water supply management plan from meeting the requirements of this chapter, a determination of noncompliance shall be made by the water supply management division. ADD} This determination {ADD , unless otherwise extended pursuant to this chapter, ADD} shall be made within one hundred eighty (180) days of the initial submission. A thirty day public comment period shall be included in this one hundred eighty (180) day review period. Failure by the water supply management division to notify the {DEL municipalities DEL} water supplier {ADD or municipality ADD} of its determination within said time limit shall constitute approval.

{ADD Should the water supply management division find that the water supply management plan is in noncompliance, or deficient due to incorrect, inconsistent or missing data or information but is in substantial compliance with the objectives of this chapter, the water supply management division shall issue a first notice of deficiencies. The water supplier or municipality shall have one hundred and twenty (120) days within which to correct the deficiencies and resubmit its filing addressing the comments of the water supply management division. Thereafter the division shall have ninety (90) days from the date of the resubmission to determine whether or not the new submission is in compliance with this chapter. Failure by the water supply management division to notify the water supplier of its determination, in writing within ninety (90) days of the date of resubmission shall constitute acknowledgement of compliance. ADD}

(c) Upon the submission of plans {ADD or plan amendments ADD} prior to the scheduled submittal date, as established {DEL by regulation DEL} by the water supply management division, the scheduled submittal date may be used {DEL as the initial submission date DEL} for purposes of initiating the one hundred eighty (180) day review period. {ADD The time period for review of water supply management plans, replacements, or amendments thereto submitted after the scheduled submittal date, shall be as determined by the division of water supply management. ADD}

{ADD 46-15.4-7. Billing and collection of fees, rates, and charges. -- ADD} Financial support of water supply and provision of timely and accurate information on costs to users are mandatory components of water supply management.

(a) Bills shall be rendered on a regular schedule for metered usage in the immediately preceding time period. Water supplies selling water to other water suppliers or at retail shall meter all water delivered and shall maintain and replace meters in accordance with their management plans. Water suppliers shall formulate and carry out a program for installation of remote reading or automatic reading systems {ADD . ADD} {DEL and for recording metered usage and billing therefor at predetermined intervals, whether semiannually, quarterly, or other interval less than one (1) year where deemed appropriate. DEL} These programs shall be carried out not later than July 1, 1996.

{ADD Water suppliers shall develop programs for recording metered usage and billing thereafter, at an interval less than one (1) year as determined appropriate, not later than July 1, 2001. Alternatively, water suppliers must demonstrate that annual meter reading and billing is consistent with the purposes of this chapter. ADD}

(b) Unless the water supplier already engages in joint billing activities, a water supplier selling water at retail shall conduct feasibility studies of joint billing for water supply and wastewater treatment and disposal in cooperation with all parties responsible for the latter service within the same water supply service area. The water supplier shall evaluate arrangements with municipalities and waste water treatment and disposal agencies for operation of a combined billing system, including equitable sharing of costs.

{ADD 46-15.4-10. Actions by the water supply management division of the department of the environment. -- ADD} The water supply management division of the department of environmental management or its successor shall {DEL :

(a) Evaluate the water supply management program being conducted to implement the management plan as approved by the Department of Environmental Management or its successor prior to acting on any requests for approval of plans, issuance of permits or licenses, or application for grants or loans under its jurisdiction. This evaluation shall be completed within thirty days of receipt of a complete request or application. The Water Supply Management Division must find in writing that the water supply management plan and implementation thereof are sufficient to achieve the objectives of this Chapter prior to approving any such request or application.

(b) Advise the Water Resources Board of its evaluation and findings made under this section prior to any action by the Board on any request or application under its jurisdiction. The Department of Environmental Management or its successor must find in writing that the water supply management plan and implementation thereof are sufficient to achieve the objectives of this chapter prior to the Water Resources Board approving any such request or application. Water suppliers that meet or exceed the state goals for non-account water shall be eligible for up to a five percent (5%) increase to the amount of any grant administered by the Water Resources Board. DEL} {ADD review the evidence of implementation provided with each water supplier's thirty (30) month report and determine whether water supply management plan implementation is sufficient to achieve the objectives of this chapter. Should the water supply management division find that plan implementation is not sufficient to substantially achieve the objectives of this chapter, a determination of noncompliance shall be made. ADD}

{ADD 46-15.4-11. Actions by the division of drinking water quality of the department of health. -- ADD} The division of drinking water quality of the department of health shall:

(a) As provided in section 46-15.4-5, review each water supply management plan {ADD , replacement ADD} or amendment thereto filed with it, submit comments in writing to the Water Supply Management Division of the Department of Environmental Management, as to its completeness, appropriateness for the area served, and adequacy to achieve the objectives of this chapter, and, as appropriate, to meet the requirements of the Federal Safe Drinking Water Act, Chapter 46-13, Public Drinking Water Supply, and Chapter 46-14, Contamination of Drinking Water.

{DEL (b) Evaluate the water supply management program being conducted to implement the management plan as approved by the Department of Environmental Management or its successor prior to acting on any requests for approval of plans or issuance of permits or licenses under its jurisdiction. This evaluation shall be completed within thirty days of receipt of a complete request or application. The Division of Drinking Water Quality of the Department of Health must find in writing that the water supply management plan implementation is sufficient to achieve the objectives of this chapter, and is consistent with the provisions of chapters 46-13 and 46-14, prior to approving any such request or application, unless such approval is necessary to alleviate an immediate threat to public health. DEL}

{ADD 46-15.4-12. Actions by the division of planning of the department of administration. -- ADD} The division of planning of the department of administration shall:

(a) Review each water supply management plan {ADD , replacement, ADD} or amendment thereto submitted by a water supplier as provided by section 46-15.4-2(b) of the general laws and submit comments in writing to the Water Supply Management Division. Water supply management plans or amendments thereto prepared by municipalities as required by section 46-15.4-2(a) shall be reviewed as provided by chapter 22.2 of title 45.

{DEL (b) Evaluate the water supply management program being conducted by any water supplier subject to section 46-15.4-2(b) of this chapter to implement the management plan as approved by the Department of Environmental Management or its successor in terms of its completeness, appropriateness for the area served, and adequacy to achieve the objectives of this chapter prior to acting on any request for approval of plans, issuance of permits or licenses, or application for grants or loans under its jurisdiction. This evaluation shall be completed within thirty days of receipt of a complete request or application, for plans prepared by water suppliers. The Division of Planning must find in writing that the water supply management plan implementation is sufficient to achieve the objectives of this chapter prior to approving any such request or application.

(c) Advise the State Planning Council of its evaluation and findings made under this section prior to any action by the council on any request or application under its jurisdiction. The council must find in writing that implementation of the water supply management plan of a municipality subject to section 46-15.4-2(A) of this chapter is sufficient to achieve the objectives of this chapter prior to approving any such request or application. DEL}

{ADD 46-15.4-13. Actions by the division of public utilities and carriers and the public utilities commission. -- ADD} The division {DEL and the commission shall DEL} {ADD of public utilities and carriers shall ADD} :

(a) As provided in section 45-15.4-9, review each water supply management plan {ADD , replacement ADD} or amendment thereto filed with it by a regulated water supplier submit comments in writing to the water supply management division of the department of environmental management as to its completeness, appropriateness for the area served and adequateness to achieve the objective of this chapter.

{DEL (b) Evaluate the capability of the water supply management program being conducted to implement the relevant management plan and submit comments in writing to the water supply management division.

(c) DEL} {ADD (b) ADD} {DEL The commission must find in writing that the water supply management plan implementation is sufficient to achieve the objectives of this chapter prior to approving any request or application over which it has jurisdiction. DEL} The {ADD public utilities ADD} commission shall, however, approve proposed rates and charges that it finds are necessary and reasonable for the preparation and maintenance {ADD , and implementation ADD} of water supply management plans {DEL without making the evaluation and findings required by this section DEL}

SECTION 2. Chapter 46-15.4 of the General Laws entitled "Water Supply Management" is hereby amended by adding thereto the following sections:

{ADD 46-15.4-13.1. Actions by the water resources board. -- ADD} {ADD The water resources board shall as provided in section 46-15.4-5, review each water supply management plan, replacement or amendment thereto filed with it, and submit comments in writing to the water supply management division of the department of environmental management. ADD}

{ADD 46-15.4-15. Enforcement. -- ADD} {ADD (a) The water supply management division shall forward any determination of non-compliance made pursuant to sections 46-15.4-4, 46-15.4-5 and 46-15.4-10 to the division of public utilities and carriers. The division of public utilities and carriers shall consider such determinations of non-compliance as a complaint under section 39-4-3.

(b) The order of the division of public utilities and carriers may be appealed pursuant to section 39-5-1. ADD}

SECTION 3. Section 39-1-3 of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" is hereby amended to read as follows:

{ADD 39-1-3. Commission and division established -- Functions of commission -- Administrator. -- ADD} To implement the legislative policy set forth in section 39-1-1 and to serve as the agencies of the state in effectuating the legislative purpose, there are hereby established a public utilities commission and a division of public utilities and carriers. The commission shall serve as a quasi-judicial tribunal with jurisdiction, powers, and duties to hold investigations and hearings involving the rates, tariffs, tolls, and charges, and the sufficiency and reasonableness of facilities and accommodations of railroad, gas, electric, water, telephone, telegraph, and pipeline public utilities, the location of railroad depots and stations, and the control of grade crossings, the revocation, suspension, or alteration of certificates issued pursuant to section 39-19-4, appeals under section 39-1-30, petitions under section 39-1-31, and proceedings under section 39-1-32. The administrator shall exercise the jurisdiction, supervision, powers, and duties not specifically assigned to the commission. By virtue of his or her office, the chairperson of the public utilities commission shall be the public utilities administrator who shall supervise and direct the execution of all laws relating to public utilities and carriers and all regulations and orders of the commission governing the conduct and charges of public utilities, and who shall perform such other duties and have such powers as are hereinafter set forth. {ADD The public utilities administrator also shall have such powers and duties as provided in section 46-15.4-15. ADD}

SECTION 4. Sections 39-4-3 and 39-4-22 of the General Laws in Chapter 39-4 entitled "Hearings and Investigations" are hereby amended to read as follows:

{ADD 39-4-3. Investigations on complaint against utility -- "Safe and potable" defined. -- ADD} (a) Upon a written complaint made against any public utility by any city or town council, {ADD or the water supply management division of the department of environmental management, ADD} or by any corporation or by any twenty-five (25) qualified electors that any of the rates, tolls, charges, or any joint rate or rates of any public utility are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice, or act whatsoever of any public utility, affecting or relating to the conveyance of persons or property , including sewage, or any service in connection therewith, or the conveyance of any telephone or telegraph message or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory or that any service is inadequate or cannot be obtained or is unsafe, or the public safety is endangered thereby, or in the case of drinking water that the water is either unsafe or non-potable, {ADD or that the water supplier is in non-compliance with title 46, chapter 15.4 et seq. ADD} the division shall proceed, with or without notice to make such investigation as it may deem necessary or convenient. But no order affecting the rates, tolls, charges, regulations, measurements, practice, act, or service complained of shall be entered by the division without a formal public hearing. When any complaint shall be made by twenty-five (25) or more qualified electors, the complaint shall designate one of the complainants upon whom shall be served all notices, orders, and citations required by this chapter to be served upon complainants. (b) The term "safe and potable" shall mean the suitability or fitness for human consumption of drinking water.

{ADD 39-4-22. Penalties for violations. -- ADD} Every public utility {ADD or water supplier pursuant to title 46, chapter 15.4 ADD} and all officers and agents thereof shall obey, observe, and comply with every order of the division made under the authority of chapters 1 to 5, inclusive, of this title as long as the same shall be and remain in force. Every public utility {ADD or water supplier ADD} which shall violate any of the provisions of the chapters or which fails, omits, or neglects to obey, observe, or comply with, any order of the division, shall be subject to a penalty of not less than two hundred dollars ($200), nor more than one thousand dollars ($1,000) for each and every offense. Every violation of the order shall be a separate and distinct offense and, in case of a continuing violation, every day's continuance thereof shall be, and be deemed to be, a separate and distinct offense. Every officer, agent, or employee of a public utility {ADD or water supplier ADD} who shall violate any of the provisions of the chapters, or who procures, aids, or abets any violation by any public utility, {ADD or water supplier ADD} or who shall fail to obey, observe, or comply with, any order of the division, or any provision of an order of the division, or who procures, aids, or abets any public utility {ADD or water supplier ADD} in its failure to obey, observe, or comply with, any order or provision, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility {ADD or water supplier ADD} , acting within the scope of his or her employment, shall in every case be deemed to be also the act, omission, or failure of the public utility {ADD or water supplier ADD} .

SECTION 5. This act shall take effect upon passage.