2016 -- S 2788

========

LC005018

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 23, 2016

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-1-23 of the General Laws in Chapter 39-1 entitled "Public

Utilities Commission" is hereby amended to read as follows:

     39-1-23. Administrative expenses -- Assessment against utilities. -- (a) The

administrator shall aggregate the expenses of the division, including expenses incurred by the

attorney general pursuant to § 39-1-19, and expenses incurred by the commission for each

upcoming fiscal year and shall apportion and assess these expenses among the state's regulated

utilities based upon approved budgets. When submitting the budget, the budget office shall

clearly indicate the revenues from assessments. Included within this prospective assessment shall

be those expenses expected to be incurred by the attorney general pursuant to § 39-1-19 for the

upcoming fiscal year. The expenses anticipated by the attorney general and the commission for

each upcoming fiscal year shall be communicated to the administrator within thirty (30) days of

request by the administrator. The administrator shall thereupon apportion and assess one hundred

percent (100%) of such expenses among the several public utility companies and common

carriers located in this state in the proportion that the gross intrastate utility operating revenues of

each public utility company and common carrier shall bear to the total gross intrastate utility

operating revenues for the last preceding fiscal year of all public utility companies and common

carriers; provided, however, that any public utility or common carrier, whose gross intrastate

revenues in any fiscal year as reported to the administrator do not exceed one hundred thousand

dollars ($100,000), shall not be subject to the assessment under the provisions hereof; and,

provided further, that all motor carriers subject to the provisions of chapter 12 of this title shall

not be subject to the assessment under the provisions hereof. The sum so apportioned and

assessed shall be in addition to any taxes payable to the state under any other provision of law.

The assessments shall be divided between the commission and the division based upon the

approved budgets.

      (b) The administrator shall apply any budgetary balance or shortfalls remaining from a

prior annual assessment toward the next upcoming fiscal year assessment to the division or the

commission as appropriate.

      (c) Upon collection from the several public utility companies and common carriers

operating in this state, assessments and any state appropriations shall be deposited in an account

to be known as the public utilities commission funding account. This fund shall be a restricted

receipt account and shall be kept by the general treasurer separately and shall be paid out by the

general treasurer only upon receipt of properly authenticated vouchers signed by the administrator

or his or her designee for the division's share of the account. The same procedure shall be

followed for the commission except that such vouchers shall be signed by the commission

chairperson or his or her designee. The general treasurer shall provide for separate accounting of

the division and commission budget and expenses. The moneys in the public utilities fund shall

be expended by the administrator or the commission, as appropriate for meeting the expenses of

the operation of the commission, the division and those expenses incurred by the attorney general,

pursuant to § 39-1-19.

      (d) The legislature may appropriate from the general funds such sums as are necessary

for the regulation of public utilities.

     (e) Notwithstanding any other provisions of title 39, taxicabs, limited public motor

vehicles, and public motor vehicles shall be considered common carriers and public utility

companies subject to the assessments set forth in this section.

     SECTION 2. This act shall take effect upon passage.

========

LC005018

========

LC005018 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

***

     This act provides that taxicabs, limited public motor vehicles, and public motor vehicles

would all be considered common carriers and public utility companies. The act would also

eliminate the administrative expense assessment exemption given to utilities and carriers with

revenue under one hundred thousand dollars ($100,000).

     This act would take effect upon passage.

========

LC005018

========

LC005018 - Page 3 of 3