2016 -- S 3033

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LC006012

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - NEW SHOREHAM UTILITY

ASSOCIATION ACT OF 2016

     

     Introduced By: Senator V. Susan Sosnowski

     Date Introduced: May 19, 2016

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

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CARRIERS" is hereby amended by adding thereto the following chapter:

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CHAPTER 32

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NEW SHOREHAM UTILITY ASSOCIATION ACT OF 2016

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     39-32-1. Short title. -- This act shall be known and may be cited as the "New Shoreham

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Utility Association Act of 2016".

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     39-32-2. Declaration of policy. -- (1) The town of New Shoreham desires to purchase

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the shares of the Block Island Power Company. If such a transaction is consummated, the town of

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New Shoreham desires to transfer the Block Island Power Company to a nonprofit entity that will

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be governed by a utility board elected by the electric ratepayers.

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     (2) The general assembly finds that if the town of New Shoreham gains ownership of the

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Block Island Power Company, it is in the public interest to create a nonprofit successor

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organization governed by an elected board to operate the electric distribution company and any

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remaining generation assets.

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     (3) The general assembly finds that the electors of the town of New Shoreham shall vote

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on the form of nonprofit entity and declare that following the acquisition of the Block Island

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Power Company, the town of New Shoreham is authorized to transfer the acquired shares and the

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assets of the Block Island Power Company to a nonprofit entity chosen by the electors of the

 

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town of New Shoreham as set forth in this chapter.

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     39-32-3. Definitions. -- Terms used in this chapter shall be construed as follows, unless

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another meaning is expressed or is clearly apparent from the language or context:

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     (1) "Date of approval" means the date of certification of the results of a referendum in

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which the electors of the town of New Shoreham choose the form of the utility association, being

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either a utility cooperative or a utility district.

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     (2) "Qualified elector" means any person whose name appears on an active account with

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the utility association.

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     (3) "Utility association" means either a utility cooperative or utility district on and after

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the date of approval and filing of articles of incorporation, if necessary, whichever is later. The

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name of the utility association shall be the New Shoreham Utility Association.

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     (4) "Utility assets" means that real property, personal property, rights in any real and

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personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises

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and other tangible or intangible property of any kind whatever used in, or useful to, the conduct

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of the utility operations conducted by the Block Island Power Company and after the date of

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approval, by the utility association.

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     (5) "Utility cooperative" means a nonprofit corporation organized under the laws of the

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state of Rhode Island whose purpose is to act as an electric distribution company, water/sewer

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supplier, Internet provider, or telecommunications provider within the utility service area.

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     (6) "Utility debt obligations" means the obligations represented by and inherent in any

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debt incurred by the Block Island Power Company for the purpose of financing any aspect of its

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electric system or operations, which obligations remain outstanding in any part as of the date of

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approval.

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     (7) "Utility district" means a quasi-municipal corporation, district and political

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subdivision of the town established and empowered by this chapter to:

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     (i) Succeed to and fulfill the functions, powers, rights, property and obligations

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heretofore held and fulfilled by the Block Island Power Company;

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     (ii) Exercise certain additional powers as an electric distribution company and as a

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generator of electricity for retail sale within the utility service area, if authorized by a waiver

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under §39-1-27(g); and

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     (iii) To provide additional utility services not inconsistent with the duties, powers and

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obligations of the utility association as defined in this section, including acting as a water

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supplier, Internet provider, or telecommunications provider within the utility service area.

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     (8) "Utility service area" means that geographic area located within the boundaries of the

 

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town of New Shoreham.

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     39-32-4. Statement of purpose. -- This chapter is intended to:

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     (1) Establish the New Shoreham Utility Association as the successor to the utility

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functions fulfilled prior to the date of approval by the Block Island Power Company;

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     (2) Provide for the orderly separation and transfer of those utility functions and related

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utility assets and utility debt obligations (without impairment thereof) from the Block Island

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Power Company to the utility district; and

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     (3) Authorize and enable the utility district to provide such other utility products and

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services as may be authorized from time to time by the utility district's board of utility

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commissioners.

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     39-32-5. New Shoreham utility association established. -- (a) The town of New

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Shoreham shall conduct an election to present the question to the electors of the town of New

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Shoreham whether to create a utility district or utility cooperative, which question shall be

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decided by the majority of electors who cast a vote.

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     (b) If the electors choose a utility district, then effective on the date of approval, there is

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hereby created a quasi-municipal corporation, district and political subdivision of the town, to be

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known as the New Shoreham Utility Association, the boundaries of which shall be coterminous

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with the boundaries of the utility service area of the Block Island Power Company, as established

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under the act passed at the January session A, D, 1925, entitled "An Act to Incorporate the Island

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Light and Power Company" as thereafter amended and supplemented from time to time and such

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other areas as provided for by this chapter. The utility district shall, upon the date of approval,

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have and succeed to the utility powers and functions heretofore held and exercised by the Block

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Island Power Company, and shall further have and be entitled to exercise the additional powers,

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rights and functions set forth in this chapter.

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     (c) If the electors choose a utility cooperative, then effective on the date of approval, the

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general assembly authorizes the creation of a nonprofit corporation, to be organized under the

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laws of the state of Rhode Island, to be known as the New Shoreham Utility Association, the

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boundaries of which shall be coterminous with the boundaries of the utility service area of the

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Block Island Power Company, as established under the act passed at the January session A.D.

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1925, entitled "An Act to Incorporate the Island Light and Power Company" as thereafter

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amended and supplemented from time to time and such other areas as provided for by this

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chapter. The utility cooperative shall, upon the date of approval, have and succeed to the utility

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powers and functions heretofore held and exercised by the Block Island Power Company, and

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shall further have and be entitled to exercise the additional powers, rights and functions set forth

 

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in this chapter.

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     39-32-6. Board of utility commissioners of the town of New Shoreham utility

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association established. -- There is hereby created a board to be known as the board of utility

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commissioners of the town of New Shoreham Utility Association. The powers of the utility

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association as set forth in this chapter, or conferred on the utility association by operation of this

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chapter, shall be vested in and exercised by a majority of the members of the board of utility

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commissioners then in office; provided, however, that the board of utility commissioners in its

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discretion may delegate executive functions to general managers, by resolution, rule or otherwise.

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     39-32-7. Membership of board of commissioners. -- (a) The board of utility

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commissioners shall consist of five (5) members. Three (3) members of the board shall constitute

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a quorum and a vote of three (3) members shall be necessary for all action taken by the board. No

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vacancy in the membership of the board shall impair the right of a quorum to exercise all the

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rights and perform all the duties of the board. The initial members of the board of utility

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commissioners shall be elected, but two (2) shall be elected for a term of two (2) years and three

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(3) for a term of four (4) years. Thereafter, the members of the board of utility commissioners of

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the New Shoreham Utility Association shall be elected for a term of four (4) years by ballot of

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qualified electors.

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     (b) The members of the board of utility commissioners, moderator or clerk shall be a

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resident, taxpayer, ratepayer or spouse of a ratepayer, or the beneficial owner of a ratepayer.

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Such residents, ratepayers and spouse, or beneficial owner of a ratepayer shall be eligible to be a

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candidate for election to any one of the above offices; provided, however, that they shall first

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have filed a declaration of candidacy with the secretary of the board of utility commissioners not

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later than thirty (30) calendar days prior to the scheduled date of the election through which such

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person seeks to be elected. In the event of a vacancy occurring on the board of utility

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commissioners, moderator or clerk by reason of death, resignation or other cause, the board itself

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may select an eligible candidate to fill the vacancy until the next annual election.

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     (c) The board of utility commissioners shall elect each year from among its members:

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(1) A chairperson, who shall chair and moderate meetings of the board of utility

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commissioners and shall execute such other authorities and duties as the board may provide;

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(2) A vice chairperson who shall assume all duties of the chairperson in the chairperson's

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absence; and

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     (3) A secretary, who shall maintain minutes of the meetings of the board of utility

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commissioners, provide notice of the meetings in accordance with law, and shall have such other

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duties as the board of utility commissioners may determine. The board of utility commissioners

 

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shall appoint a treasurer, who may be a member of the board or a general or special employee of

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the utility district, and who shall have charge and control of the money and deposits of the utility

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district.

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     (d) The board of utility commissioners shall establish and adopt bylaws for the

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management and conduct of the utility district's affairs, and other aspects of the governance of the

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utility district not otherwise controlled by this chapter. Pending the adoption of the bylaws, the

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board of utility commissioners shall be deemed to have adopted, and shall conduct the board's

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business in accordance with, the existing bylaws of the Block Island Power Company.

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     (e) In order to ensure that the status of the utility district as a quasi-municipal corporation,

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district and political subdivision of the state does not prejudice its ability to contribute to the

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development of effective competition in the electricity and communications industries in the

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state, it is specifically found and determined that:

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     (1) Strategic business planning records of the utility district (including without limitation

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business plans, draft contracts, proposals, financial analyses and other similar documents) shall

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not be subject to the disclosure requirements of chapter 2 of title 38 unless the same materials in

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comparable circumstances in the hands of an investor-owned utility would be subject to

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disclosure under other laws of the state; and

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     (2) Strategic business planning discussions of the board of utility commissioners,

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including such discussions with utility district employees or consultants, are deemed to fall within

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the circumstances defined in §42-46-5(a)(7).

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     39-32-8. Compensation of the board - Employees of the utility association. -- (a) Each

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member of the board of utility commission shall be entitled to receive compensation and

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reimbursement of actual and necessary expenses incurred in the performance of their official

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duties at levels subject to approval by a vote of the qualified electorate. The salaries,

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compensation and expenses of all members and officers of the board, and all employees and

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agents of the utility district, shall be paid solely out of funds of the utility district.

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     (b) The board shall appoint general managers and may enter into employment contracts

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with its executive employees. The board shall have the authority to approve employee benefit

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plans, including fringe benefits such as including, but not limited to, pension and health and

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disability and other insurances.

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     (c) No member of the board of utility commissioners shall directly or indirectly engage or

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participate in the proceeds of any contract or agreement to supply anything of value or receive

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anything of value from the utility district. The prohibition set forth in this subsection may be

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waived by a vote of three (3) members of the board of utility commissioners, if and only if the

 

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board of utility commissioners shall have first obtained an opinion of the attorney general and/or

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the Rhode Island ethics commission based on full disclosure of all relevant facts that the waiver

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does not contravene state law and is otherwise in the best interests of the consumers served by the

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utility district.

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     39-32-9. Powers of the utility association. -- (a) The power of the utility association

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shall include the following:

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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 §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 products and sewer services

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

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rights of other utilities; to lay down, construct, own, operate, maintain, repair and improve mains,

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pipes, wells, towers and other equipment and facilities necessary, appropriate or useful for those

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purposes; and to contract with 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 Block Island Power Company

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(including participation in electric generating facilities as authorized by chapter 20 of title 39);

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provided, that the utility district shall operate and be subject to regulation of its retail rates for

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electricity under title 39 when operating within its utility service area;

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     (6) 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, water products and sewer

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services and to engage in the operation of such utilities;

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     (7) To sue and be sued;

 

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     (8) To adopt and alter a corporate seal;

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

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

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or lease any such property;

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

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     (11) 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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     (12) To fix rates (subject to the requirements of title 39 in the case of retail electric rates

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within its utility service area) and collect charges for the use of the facilities or services rendered

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by or any commodities furnished by the utility district;

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     (13) 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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     39-32-10. Limitation of powers. -- All services provided by the utility association that

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constitute public utility services within the meaning of §39-1-2(20) or community antennae

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television systems (CATV) services within the meaning of §39-19-1 shall be subject to the

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applicable jurisdictions of the public utilities commission and the division of public utilities and

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carriers.

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     39-32-11. Separation of utility assets. -- Within eighteen (18) months of acquisition by

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the town of New Shoreham, ownership of the utility assets previously titled to, or otherwise

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owned or controlled by, the Block Island Power Company shall be transferred to the utility

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association, subject to any security interest of record relating to such utility assets, which security

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interests, if any, shall remain in full force and effect and be unimpaired by the transfer of

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ownership of the utility assets.

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     39-32-12. Succession of utility district to certain obligations of Block Island power

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company. -- Upon the date of transfer, the utility association shall:

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     (1) Succeed to and become subject to the utility debt obligations heretofore imposed by

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any security interest or trust instrument upon the Block Island Power Company; and

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     (2) Succeed to the precise position of Block Island Power Company, without any waiver

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or augmentation of that position whatsoever, as to each Block Island Power Company, that

 

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position to include such rights, claims or defenses as Block Island Power Company may have had

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prior to the date of transfer with respect to any obligation of any such contract.

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     39-32-13. Bonds. -- (a) The utility association shall have the power and is hereby

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authorized from time to time to issue its negotiable bonds for any of its corporate or association

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purposes and to secure the payment of the bonds in such manner and by such means as may be

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provided in the resolution or resolutions of the utility association authorizing the bonds, subject to

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the regulatory jurisdiction of the division of public utilities and carriers in the manner prescribed

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in §39-3-15, where applicable.

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     (b) The utility association is specifically authorized to secure bonds that it may issue from

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time to time by a pledge of, or creation of other security interest in, the revenues of the utility

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association, which pledge or security interest may be enforceable by the grant of a conditional

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franchise, in the event of default in the payment of the bonds, entitling the secured party or trustee

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to enter upon and take control of the utility association's facilities and service and to provide

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utility service and receive the revenues from the utility association's facilities and service for such

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period, not exceeding twenty (20) years, as may be necessary to recover all payments due on the

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bonds.

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     (c) The bonds of the utility association shall be authorized by resolution of the board of

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utility commissioners. The bonds shall bear such date or dates, mature at such time or times not

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exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such

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time or times, be in such denominations and in such form, carry such registration privileges, be

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executed in such manner, be payable in such medium of payment, at such place or places and

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such time or times and be subject to redemption at such premium, if required, and on such terms,

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as the resolution may provide. The bonds so authorized and issued pursuant to this chapter may

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be sold at public or private sale for any price or prices that the utility association shall determine.

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     (d) Pending the issuance of bonds in definitive form, the utility association may issue

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bond anticipation notes or interim receipts in such form as the board of utility commissioners may

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elect.

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     (e) The utility association is hereby authorized to provide for the issuance of refunding

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bonds of the utility association for the purpose of refunding any bonds then outstanding which

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shall have been issued under the provisions of this chapter, including the payment of any

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redemption premium on the bonds or interest accrued or to accrue to the earliest or subsequent

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date of redemption, purchase or maturity of the bonds and, if deemed advisable by the utility

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association, for the additional purpose of paying all or a part of the cost of acquiring,

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constructing, reconstructing, rehabilitating, or improving any property, facilities or systems or

 

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parts of property facilities or systems of the utility association. The proceeds of bond or notes

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issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion

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of the utility association, to the purchase, retirement at maturity or redemption of outstanding

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bonds or notes either on their earliest or a subsequent redemption date and may, pending that

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application, be placed in escrow in the same manner and through the same means as are generally

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available to and incumbent upon political subdivisions of the state.

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     (f) It is hereby declared that the utility association and the carrying out of its corporate,

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association and political subdivision purposes is in all respects for the benefit of the people of the

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state and for the improvement of their health, welfare and prosperity, and the utility association

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will be performing an essential governmental function in the exercise of the powers conferred by

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this chapter. The state therefore covenants with the holders of the utility association's bonds that

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the utility association shall not be required to pay taxes or payments in lieu of taxes to the state or

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any other political subdivision of the state upon any property of the utility association or under its

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jurisdiction, control or supervision, or upon any of the utility association's activities in the

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operation or maintenance of the property or upon any earnings, revenues, moneys or other income

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derived by the utility association, and that the bonds of the utility association and the income

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from the bonds shall at all times be exempt from taxation by the state and its political

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subdivisions. Notwithstanding the foregoing, nothing in this section shall be deemed to prohibit

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the division of public utilities and carriers, the public utilities commission and the department of

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the attorney general from assessing the utility in accordance with the provisions of §§39-1-23, 39-1-26

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39-1-26, 39-19-9, and 39-19-14.

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     (g) The state does hereby pledge to and agree with the holders of the bonds, notes or

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other indebtedness of the utility association that the state will not limit or alter the rights vested in

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the utility association until the bonds, notes or other evidence of indebtedness, together with the

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interest on the debt, are fully met and discharged.

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     (h) Any resolution or resolutions authorizing any bond, or any issue of bonds, may

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contain provisions which shall be a part of the contract with the bondholders of the bonds thereby

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authorized, as to:

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     (1) Pledging all or any part of the money, earnings, income, and revenues derived from

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all or any part of the property of the utility association to secure the payment of any bonds or of

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any issue of bonds subject to such agreements with bondholders as may then exist;

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     (2) The rates to be fixed and the charges to be collected and the amounts to be raised in

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each year and the use and disposition of the earnings and other revenue;

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     (3) The setting aside of reserves and the creation of sinking funds and the regulation and

 

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disposition thereof;

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     (4) Limitations on the right of the utility association to restrict and regulate the use of the

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properties in connection with which the bonds are issued;

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     (5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may

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be put;

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     (6) Limitations on the issuance of additional bonds, including refunding bonds and the

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terms upon which additional bonds may be issued and secured;

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     (7) The procedure, if any, by which the terms of any contract with bondholders may be

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amended or abrogated, the percentage of bondholders whose consent shall be required for such

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amendment or abrogation, and the manner in which consent may be given;

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     (8) The creation of special funds into which any earnings or revenues of the utility

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association may be deposited, and the investment of the funds;

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     (9) The appointment of a fiscal agent and the determination of its powers and duties;

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     (10) Limitations on the power of the utility association to sell or otherwise dispose of its

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properties;

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     (11) The preparation of annual budgets by the authority and the employment of

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consultants and auditors;

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     (12) The rights and remedies of bondholders in the event of failure on the part of the

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utility association to perform any covenant or agreement relating to a bond indenture;

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     (13) Covenanting that as long as any bonds are outstanding the utility association shall

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use its best efforts to establish and maintain its rates and charges at levels adequate at all times to

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pay and provide for all operating expenses of the utility association, all payments of principal,

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redemption premium if any, and interest on bonds, notes or other evidences of indebtedness

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incurred or assumed by the utility association, all renewals, repairs and replacements to the

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property and facilities of the utility association, and all other amounts which the utility

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association may be required by law to pay; and

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     (14) Any other matters of like or different character that in any way affects the security or

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protection of the bonds.

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     (i) The bonds of the utility association are hereby made securities in which all public

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officers and bodies of this state and all municipalities and municipal subdivisions, all insurance

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companies and associations and other persons carrying on an insurance business, all banks,

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bankers, trust companies, savings banks, and savings associations, including savings and loan

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associations, building and loan associations, investment companies and other persons carrying on

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a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all

 

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other persons whomsoever, who are now or may thereafter be authorized to invest in bonds or

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other obligation of the state may properly and legally invest funds including capital in their

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control or belonging to them. The bonds are also hereby made securities which may be deposited

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with and shall be received by all public officers and bodies of this state, and all municipalities and

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municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of

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this state is now or may thereafter be required.

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     39-32-14. Money of the utility association. -- (a) All money of the utility association,

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from whatever source derived, shall be paid to the treasurer of the utility association. The money

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on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the

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accounts shall be paid out with a check of the treasurer, on requisition by the utility association,

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or of any other person or persons that the utility association may authorize to make the

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requisitions. All deposits of money shall be secured by obligations of the United States or of the

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state, of a market value at all times not less than the amount of deposits, and all banks and trust

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companies are authorized to give security for the deposits. The utility association shall have the

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power, notwithstanding the provisions of this section, to contract with the holders of any of its

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bonds as to the custody, collection, security, investment and payment of any money of the

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authority, or any money held in trust or otherwise for the payment of bonds or in any way to

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secure the bonds, and to carry out any contract notwithstanding that the contract may be

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inconsistent with the previous provisions of this section. Money held in trust or otherwise for the

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payment of bonds or in any way to secure bonds and deposits of money may be secured in the

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same manner as the money of the authority, and all banks and trust companies are authorized to

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give security for the deposits.

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     (b) Notwithstanding subsection (a) of this section, or any other provision of this chapter,

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the board of utility commissioners shall have the power to authorize by resolution a loan or

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advance from one utility fund of the utility association to another. Any such interfund advance or

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loan shall be for a term specified in the authorizing resolution of the board of utility

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commissioners and shall bear interest at a rate reasonably determined by the board of utility

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commissioners to be consistent with the public interest implicated in all funds involved in the

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interfund loan or advance; provided, however, that an interest rate set at the rate applicable to the

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utility association's most recent borrowing from a bank or other financial institution shall be

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presumptively reasonable as the rate of interest for an interfund loan or advance.

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     39-32-15. Alteration, amendment, repeal or severability. -- The right to alter, amend

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or repeal this chapter is reserved to the state, but no such alteration, amendment or repeal shall

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operate to impair the obligation of any contract made by the utility association under any power

 

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conferred by this chapter. If any section, clause, provision or term of this chapter shall be

2

declared unconstitutional, void, ultra vires or otherwise ineffective in whole or in part, such

3

determination of invalidity shall not otherwise affect the validity or enforceability of any other

4

provision of this chapter.

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     39-32-16. Tax exemption. -- It is hereby declared that the town of New Shoreham Utility

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Association, in the carrying out of its purposes, is in all respects providing essential services to

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the people of the state of Rhode Island that improves their health, safety and welfare.

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Accordingly, the town of New Shoreham Utility Association shall not be required to pay taxes,

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assessments or sums in lieu of taxes to the state of Rhode Island or any political subdivision

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thereof upon any of the property now owned or acquired in the future by the district, or under its

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jurisdiction and/or control, possession or supervision or upon its activities or operations, or upon

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any earnings, revenues, moneys or other income derived by the district. The bonds issued by the

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district and any income therefrom shall at all times be exempt from taxation; provided, however,

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nothing in this section shall have any effect upon the water resources board, or the division of

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public utilities and carriers, and/or the public utilities commission's authority to impose

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regulation-related assessments and charges on the town of New Shoreham Utility Association.

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     39-32-17. Reversion to town upon dissolution or termination of the utility

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association. -- Upon termination or dissolution of the utility association, the title of all funds and

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other properties owned by the utility association that remain after payment or making provision

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for payment of all bonds, notes and other obligations of the utility association shall rest in the

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town of New Shoreham.

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     39-32-18. References in the general laws to Block Island power company. -- Upon the

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creation of the New Shoreham Utility Association, all references in the general laws to Block

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Island Power Company shall refer to the New Shoreham Utility Association.

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     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 - NEW SHOREHAM UTILITY

ASSOCIATION ACT OF 2016

***

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     This act would enable the town of New Shoreham to present to the electors the question

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of whether to create a utility district or utility cooperative which would be called The New

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Shoreham Utility Association which would consist of a board of utility commissioners to manage

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the utility.

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     This act would take effect upon passage.

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