2012 -- S 2963 SUBSTITUTE A

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LC02613/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - PASCOAG UTILITY DISTRICT

     Introduced By: Senator P Fogarty

     Date Introduced: May 17, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-58-8 of the General Laws in Chapter 45-58 entitled "Pascoag

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Utility District" is hereby amended to read as follows:

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     45-58-8. Powers of the Utility District. -- The utility district shall have the power:

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      (1) To acquire real or personal property and tangible or intangible personal property by

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voluntary purchase from the owner or owners of the property, and to the extent that the board of

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utility commissioners deems it advisable, to acquire property held by a corporation through

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acquisition of the stock of the corporation and dissolution of the corporation;

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      (2) To acquire real property, fixtures and rights and interests in real property within its

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utility service area by eminent domain, subject to the supervision of the public utilities

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commission in the manner prescribed in section 39-1-31;

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      (3) To own, operate, maintain, repair, improve, enlarge and extend, in accordance with

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the provisions of this chapter, any property acquired under this section all of which, together with

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the acquisition of the property, are hereby declared to be public purposes;

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      (4) To produce, purchase, acquire, distribute and sell water and electricity at wholesale

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or retail within or without its utility service area subject to franchise rights of other utilities; to lay

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down, construct, own, operate, maintain, repair and improve mains, pipes, wells, towers and other

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equipment and facilities necessary, appropriate or useful for those purposes; and to contract with

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others for any or all of the foregoing purposes;

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      (5) To produce, buy, sell and trade electric capability, power or energy products or

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services at wholesale or retail; to purchase for its own use or for resale electric transmission

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service and ancillary services; and to engage in any other transaction with respect to electricity or

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electricity products that was heretofore authorized for the Pascoag fire district or investor-owned

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electric companies operating as domestic electric utilities with within the state (including

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participation in generating facilities as authorized by chapter 20 of title 39); provided, that the

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utility district shall operate and be subject to regulation of its retail rates for electricity under title

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39 of the general laws when operating within its utility service area;

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      (6) To operate as a nonregulated power producer within the meaning and contemplation

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of section 39-1-2(19) when engaging in the sale of electricity at retail outside of its utility service

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area;

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      (7) To acquire, own, lease, operate, maintain, repair and expand facilities and equipment

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necessary, appropriate or useful to the operation of other utilities, including, but not limited to,

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communications services such as internet service, high speed data transfer, local and long

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distance telephone service, community antenna television service, and to engage in the operation

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of such utilities;

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      (8) To sue and be sued;

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      (9) To adopt and alter a corporate seal;

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      (10) To acquire, hold, use, lease, sell, transfer, assign or otherwise dispose of any

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property, real, personal or mixed, or any interest therein for its corporate purposes, and to

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mortgage, pledge or lease any such property;

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      (11) To make and adopt bylaws for the management and regulation of its affairs;

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      (12) To borrow money for any of the purposes or powers granted to it under or by

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operation of this chapter, including the creation and maintenance of working capital, and to issue

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negotiable bonds, notes or other obligations, to fund or refund the same, and to secure the

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obligation of such bond, notes or other obligations in any case by pledge of or security interest in

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the revenues and property of the utility district.

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      (13) To fix rates (subject to the requirements of title 39 of the general laws in the case of

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retail electric rates within its utility service area) and collect charges for the use of the facilities or

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services rendered by or any commodities furnished by the utility district;

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      (14) To contract in its own name for any lawful purpose which would effectuate the

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purposes and provisions of this chapter; to execute all instruments necessary to carry out the

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purposes of this chapter; and to do all things necessary or convenient to carry into effect and

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operation the powers granted by this chapter; and

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      (15) Until and only until such time as those utility bond obligations to which the Pascoag

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utility district succeeds under or by operation of this chapter shall have been retired, defeased or

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otherwise satisfied in their entirety, to levy property tax assessments upon property owners within

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its utility service area for the purpose of supporting utility bond obligations of the Pascoag fire

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district outstanding as of April 4, 2001 in the same manner and to the same extent as the Pascoag

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fire district was authorized to do so under the act passed at the May session 1887, entitled "An

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Act to Incorporate the Pascoag Fire District" as thereafter amended and supplemented from time

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to time.

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     SECTION 2. This act shall take effect upon passage.

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LC02613/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - PASCOAG UTILITY DISTRICT

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     This act would allow the Pascoag Utility District to produce, purchase, acquire, distribute

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and sell electricity at wholesale or retail within or without its utility service area subject to

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franchise rights of other utilities.

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     This act would take effect upon passage.

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LC02613/SUB A

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