2018 -- S 2803

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LC005292

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- NARRAGANSETT BAY COMMISSION

     Introduced By: Senators Lombardo, Lombardi, McCaffrey, Conley, and Archambault

     Date Introduced: April 05, 2018

     Referred To: Senate Judiciary

     (Narragansett Bay Commission)

It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 46-25.2 of the General Laws entitled "Acquisition,

Merger, and Consolidation of Sewer Treatment Facilities of Cities, Towns, and Districts and the

Narragansett Bay Water Quality Management District Commission" is hereby amended to read as

follows:

CHAPTER 46-25.2

Acquisition, Merger, and Consolidation of Sewer Treatment Facilities of Cities, Towns, and

Districts and the Narragansett Bay Water Quality Management District Commission

CHAPTER 46-25.2

ACQUISITION, MERGER, AND CONSOLIDATION OF SEWAGE AND WATER

TREATMENT FACILITIES OF CITIES, TOWNS, BOARDS, AND DISTRICTS AND THE

NARRAGANSETT BAY COMMISSION

     SECTION 2. Section 46-25.2-1 of the General Laws in Chapter 46-25.2 entitled

"Acquisition, Merger, and Consolidation of Sewer Treatment Facilities of Cities, Towns, and

Districts and the Narragansett Bay Water Quality Management District Commission" is hereby

amended to read as follows:

     46-25.2-1. Merger -- Effective date -- Transfer of assets and assumption of liabilities.

     (a) Subject to the agreement of the Narragansett Bay water quality management district

commission Commission and a city, town, board or district, the sewage or water treatment

facilities of such city, town, board, or district may be merged with and into the Narragansett Bay

water quality management district commission Commission or acquired by the Narragansett Bay

water quality management district commission Commission; provided, however, the acquisition

of any sewage or water treatment facility requires the approval of the city or town council in the

municipality where the facility is located. Upon the merger or acquisition, the district or any

commission or other governing authority established by such city or town or the state to manage

and operate the sewage or water treatment facilities shall cease to have control and authority over

the facilities acquired; provided, however, that all actions shall be taken which are necessary to

preserve any federal funds or federal assistance currently available to or expected to become

available to the city, town, board, or district for sewage or water treatment facilities. The

existence of the Narragansett Bay water quality management district commission Commission

shall continue unaffected and unimpaired by said merger or acquisition, and the Narragansett Bay

water quality management district commission Commission shall continue to be governed by

chapter 25 of this title.

     (b) The district, the board, the city or town and any commission or governing authority

established by the city or town or the state to manage and operate the sewage or water treatment

facilities are hereby authorized to and may pass such resolutions, enter into such agreements and

do all things deemed useful and necessary by it to effectuate the merger or acquisition; and the

Narragansett Bay water quality management district commission Commission is hereby

authorized and may pass such resolutions, enter into such agreements and do all things useful and

necessary by it to effectuate the merger or acquisition.

     (c) Upon completion, the merger or acquisition shall be certified to the secretary of state

by the executive director of the Narragansett Bay water quality management district commission

Commission.

     (d) (1) In accordance with the terms of the merger or acquisition agreement, on the

effective date of the merger or acquisition, all property, real, personal, and mixed, and all debts

due on whatever account, all other choses in action, and all and every other interest of or

belonging to or due to the district, board, or city or town related to the sewage or water treatment

facilities, shall, unless otherwise agreed to, be taken and deemed to be transferred to and vested in

the Narragansett Bay water quality management district commission Commission without further

act or deed; all persons employed by the district, board, or city or town related to the sewage or

water treatment facilities on the date of the merger or acquisition may be deemed employees of

the Narragansett Bay water quality management district commission Commission; and the title to

any real estate, or any interest therein, vested in the district, board, or city or town related to the

sewage or water treatment facilities shall not revert or be in any way impaired by reason of the

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merger or acquisition.

     (2) In accordance with the terms of the merger or acquisition agreement, the Narragansett

Bay water quality management district commission Commission shall, unless otherwise agreed

to, also be responsible and liable for all the liabilities and obligations of the district, board or city

or town related to such sewage or water treatment facilities; and any claim existing or action or

proceeding pending by or against the district, board or city or town related to such sewage or

water treatment facilities shall be prosecuted as if the merger or acquisition had not taken place.

Neither the rights of creditors nor any liens upon the property of the district, board, or city or

town related to such sewage or water treatment facilities shall be impaired by the merger or

acquisition. The merger or acquisition as provided for herein shall not impair the obligation of

any contract or agreement nor abate any suit, action, or other proceeding lawfully commenced by

or against the district, board or city or town related to the sewage or water treatment facilities, or

any of its members or officers in relation to the discharge of their official duties, but a court of

competent jurisdiction may, on motion filed within twelve (12) months after the effective date of

the merger or acquisition, allow such a suit, action, or proceeding to be maintained by or against

the Narragansett Bay water quality management district commission Commission or any of its

commissioners in relation to the discharge of their official duties.

     (3) Upon a merger or acquisition as provided herein, should the employees of the merged

facility ("merged employees" ) have been represented by a local, subsidiary or affiliate labor

organization of one of the parent labor organizations already representing Narragansett Bay water

quality management district commission Commission employees, then the merged employees

shall be eligible, if appropriate, for accretion into the existing local, subsidiary or affiliate of the

Narragansett Bay water quality management district commission Commission employees; and

provided further, the Narragansett Bay water quality management district commission

Commission shall have no obligation to recognize or bargain with any labor organization which

had represented the merged employees when they were employed by the merged facility.

     (e) Upon completion of the acquisition, merger, or consolidation, the district, board, or

any commission or other governing authority established by a city or town or the state to manage

and operate the sewage or water treatment facilities shall cease to have control and authority over

the facilities acquired and any ordinance, charter provision, public law, general law, or bylaw

governing the district's, board's, commission's or governing authority's control over the facilities

acquired shall be repealed in its entirety.

     (f) Subject to the terms of the merger or acquisition agreement employees of the sewage

or water treatment facility, district, board, commission, or other governing authority who

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subsequently become employees of the Narragansett Bay water quality management district

commission Commission as a result of the acquisition, merger or consolidation, shall be subject

to the provisions of §§ 46-25-8 and 36-9-36, and may be able to utilize their term of service with

the sewage or water treatment facility, district, board, commission, or other governing authority,

as determined by the executive director, for the purposes of longevity computation as it applies to

wages, vacation time, and longevity increases. Provided, however, accrued vacation, sick leave,

and all other benefits with the municipality, sewage or water treatment facility, district, board, or

other governing authority may be transferred.

     (g) Any sewer or water use fees, charges, and assessments in effect prior to the merger or

acquisition shall remain in effect and may be assessed and collected by the commission in

accordance with §§ 46-25-5(9), 46-25-5(10), 46-25-21, 46-25-22 and 46-25-22.1. Any change in

the sewer or water use fees, charges and assessments shall be subject to the approval of the public

utilities commission, excluding costs related to the acquisition, merger, or consolidation.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- NARRAGANSETT BAY COMMISSION

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     This act would authorize the Narragansett Bay Commission to enter into agreements with

various entities for the acquisition, merger or consolidation of water treatment facilities, in

addition to their current sewage treatment facilities powers.

     This act would take effect upon passage.

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