2015 -- H 5703

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LC001494

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF

ADMINISTRATION

     Introduced By: Representative Blake Anthony Filippi

     Date Introduced: February 26, 2015

     Referred To: House Corporations

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-3-3 and 39-3-11 of the General Laws in Chapter 39-3 entitled

"Regulatory Powers of Administration" are hereby amended to read as follows:

     39-3-3. Certificate requirement for water carriers. -- (a) No common carrier of

persons and/or property operating upon water between termini within this state shall hereafter

furnish or sell its services unless the common carrier shall first have made application to and

obtained a certificate from the division certifying that public convenience and necessity required

the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant

to this section. Certificates issued under this section shall be renewed before the close of business

on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and

shall be submitted with the renewal form. All revenues received under this section shall be

deposited as general revenues; provided, however, that this fee shall not apply to any city or

town, to any agency or department of any city or town of the state, or to any nonprofit

corporation, in the tourism industry.

      (b) A copy of any application filed with either the commission or the division by a water

common carrier which includes a New Shoreham terminus shall be provided by the water

common carrier to the New Shoreham town clerk by certified mail.

      (c)(1) Notwithstanding any provision of §§ 39-5-1 and/or 42-35-15 or any other

provision of the general or public laws to the contrary, no agency nor reviewing court, may order

an interlocutory stay of any order of the division with respect to an application entered under §

39-3-3.1, and/or certificate under § 39-3-3.1. Nothing herein shall be construed to limit the right

of any petitioner, public utility, party in interest or other person or entity aggrieved by an order of

the division entered under § 39-3-3.1, from seeking judicial review in accordance with §§ 39-5-1

and/or 42-35-15.

     (2) Each and every city and/or town in which a common carrier desires to pick up or

discharge passengers and/or property shall have standing before the division as a party to the

proceeding.

     39-3-11. Notice of change in rates -- Suspension of change -- Hearings. -- (a) No

change shall be made in the rates, tolls, and charges which have been filed and published by any

public utility in compliance with the requirements of § 39-3-10, except after thirty (30) days

notice to the commission and to the public published as provided in § 39-3-10, which shall

plainly state the changes proposed to be made in the schedule then in force, and the time when the

changed rates, tolls, or charges will go into effect. Whenever the commission receives notice of

any change or changes proposed to be made in any schedule filed under the provisions of § 39-3-

10, the commission shall hold a public hearing and make investigation as to the propriety of the

proposed change or changes. After notice of any investigation, the commission shall have power,

by any order served upon the public utility affected, to suspend the taking effect of the change or

changes pending the decision thereof, but not for a longer period than eight (8) months beyond

the time when the change or changes would otherwise take effect. Each hearing and investigation

shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within

ninety (90) days after the completion of any hearing, the commission shall make such order in

reference to any proposed rate, toll, or charge as may be proper. Notwithstanding the provisions

of this section, the commission shall periodically hold a public hearing and make investigation as

to the propriety of rates when charged by any public utility and shall make such order in reference

to the rate, toll, or charge as may be just. The hearing prescribed by this section may be held

simultaneously with the hearing prescribed by § 39-3-7. In the event of an appeal from an order

of the commission in any hearing under this section, the order shall remain in full force and effect

during the pendency of said appeal.

      (b)(1) Upon receipt from a common carrier of persons and/or property upon water of a

notice of any change proposed to be made in any schedule filed pursuant to § 39-3-10, the

commission shall give notice as it may prescribe of the pendency of the proposal and of the time

and place of the hearing thereon to the mayor and also any city manager of each city, and to the

president of the town council and also any town manager of each town in which the carrier picks

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up or discharges passengers. The commission shall also publish a notice of the hearing at least ten

(10) days prior to the date thereof in a newspaper of general circulation in each city or town in

which the carrier picks up or discharges passengers. In all other respects, hearings and

investigations with respect to the proposals by the carriers shall be governed by the provisions of

subsection (a) of this section.

     (2) Each and every city and/or town in which a common carrier of persons and/or

property seeking a change in any schedule filed pursuant to § 39-3-10 shall have standing before

the commission as a party to the proceeding.

      (c) The Kent County water authority shall provide notice by certified mail of rate

increase requests to the several fire districts which purchase water from the authority.

      (d) Costs incurred by electric distribution companies for filing rates, tolls and charges,

for participating in hearings and investigations prior to December 31, 2000 or for appealing

commission decisions rendered prior to December 31, 2000 pursuant to this section shall not be

included in the rates, tolls or charges established by the commission pursuant to this section.

     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 grant the right to a city or town to appear before the division of public

utilities and the public utilities commission as a party to the proceedings relating to water carriers

picking up or discharging passengers at facilities in that city or town.

     This act would take effect upon passage.

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