2017 -- S 0728

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LC002471

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND

CARRIERS

     Introduced By: Senators Calkin, Seveney, Coyne, Metts, and Quezada

     Date Introduced: April 12, 2017

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-2-5 of the General Laws in Chapter 39-2 entitled "Duties of

Utilities and Carriers" is hereby amended to read as follows:

     39-2-5. Exceptions to anti-discrimination provisions.

     The provisions of §§ 39-2-2 -- 39-2-4 shall be subject to the following exceptions:

     (1) A public utility may issue or give free transportation or service to its employees and

their families, its officers, agents, surgeons, physicians, and attorneys at law, and to the officers,

agents, and employees, and their families of any other public utility.

     (2) With the approval of the division any public utility may give free transportation or

service, upon such conditions as the public utility may impose, or grant special rates therefor to

the state, to any town or city, or to any water or fire district, and to the officers thereof, for public

purposes, and also to any special class or classes of persons, not otherwise referred to in this

section, in cases where the same shall seem to the division just and reasonable, or required in the

interests of the public, and not unjustly discriminatory.

     (3) With the approval of the division any public utility operating a railroad or street

railway may furnish to the publishers of newspapers and magazines, and to their employees,

passenger transportation in return for advertising in the newspapers or magazines at full rates.

     (4) With the approval of the division any public utility may exchange its service for the

service of any other public utility furnishing a different class of service.

     (5) Nothing in this section or any other provision of the law shall be construed to prohibit

the giving by any public utility, free or reduced rate service to an elderly person as defined by the

division.

     (6) Any motor carrier of persons, as defined in chapter 13 of this title, may elect to file a

tariff providing for a rate reduction of twenty-five percent (25%) below its one-way fare tariff

applying to any person who is sixty-five (65) years of age or older and any person assisting and

traveling with a blind passenger who is not required to pay any fare pursuant to the provisions of

§ 39-2-13 for bus rides between the hours of ten o'clock (10:00) a.m. and three o'clock (3:00) p.m.

of each day. In such event, the reduced fare shall be paid in part by the passenger and in part by

the state. That part of the reduced fare payable by the state shall be one half (1/2) of the reduced

fare adjusted upward to end in the nearest zero (0) or five cents (.05), and that part payable by the

passenger shall be the balance of the reduced fare. Payments by the state under this section shall

be paid monthly under procedures agreed upon by the department of transportation and the

carrier.

     (7) [Deleted by P.L. 2004, ch. 378, § 4, and by P.L. 2004, ch. 504, § 4.]

     (8) Any person, firm, or corporation or any officer, agent, servant, or employee thereof

who shall violate the provisions of subsection (7) of this section by fraudulently obtaining a

telecommunications device shall, upon conviction, be fined not exceeding five hundred dollars

($500) or be imprisoned for a term not exceeding one year.

     (9) (i) Nothing in this section or any other provision of the general laws shall be

construed to prohibit the commission from taking actions to enable the state to participate in a

federal communications commission telephone lifeline program. The commission may set a

subscriber funded monthly residence basic exchange lifeline telephone service credit in an

amount not to exceed the federal subscriber line access charge or the monthly basic service

charge, whichever is less, for those persons who receive supplemental social security income

(SSI), aid to families with dependent children (AFDC), general public assistance (GPA), aid from

the Rhode Island medical assistance program, or food stamps issued pursuant to the Food Stamp

Act of 1964 as amended (public law 88-525 and amendments made thereto, 7 U.S.C. § 2011 et

seq.), assistance from the low-income home energy assistance program (LIHEAP) as

administered by the department of administration, division of planning, and effective April 1,

1993, assistance from the Rhode Island pharmaceutical assistance program and the home and

community care services to the elder program authorized under chapter 66.3 of title 42

administered by the department of elderly affairs. The public utilities commission may

promulgate regulations to implement this section. The department of human services, and the

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department of administration, division of planning and the division of elderly affairs shall certify

subscriber eligibility for the programs in accordance with public utilities commission and federal

communications commission guidelines.

     (ii) The department of human services shall report monthly to the governor and to the

house of representatives fiscal advisor the number of persons newly eligible for the lifeline

telephone service credit hereunder solely by virtue of their eligibility to receive food stamp

assistance and the department of administration, division of planning shall, also, report monthly

to the governor and to the house of representatives fiscal advisor the number of persons newly

eligible for the lifeline telephone service credit hereunder solely by virtue of their participation in

the low-income home energy assistance program (LIHEAP).

     (10) Nothing in this section or any other provision of the general laws shall be construed

to prohibit any public utility with the approval of the commission, from forgiving arrearages of

any person in accordance with the provisions of subsection 39-2-1(d).

     (11) Nothing in this section or any other provision of the law shall be construed to

prohibit any utility company from cutting, disconnecting, or removing mains, poles, wires,

conduits, or fixtures free of charge to nonprofit housing development corporations prior to

moving a building to be used as affordable housing for at least a ten (10) year period.

     (12) Nothing in this section or any other provision of the general laws shall be construed

to prohibit any telecommunications provider with the approval of the commission, from offering

any residential customer a reduced rate, provided such rate covers all costs. A

telecommunications provider may offer a business customer a reduced rate without commission

approval; provided that such rate covers all costs.

     (13) A gas or electric distribution company may provide discounts to low income

customers in accordance with the affordable energy plan provisions of subsection 42-141-5(d).

Nothing contained herein shall prohibit the continuation of any low income discounts approved

by the commission prior to January 1, 2006, and in effect as of that date.

     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 -- DUTIES OF UTILITIES AND

CARRIERS

***

     This act would provide that those persons taking part in the home and community care

services to the elderly program (chapter 66.3 of title 42) would be eligible for lifeline telephone

service.

     This act would take effect upon passage.

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