2019 -- S 0324

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LC001567

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- THE MUNICIPAL WATER SUPPLY

SYSTEMS TRANSACTIONS ACT

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

hereby amended by adding thereto the following chapter:

CHAPTER 32

MUNICIPAL WATER SUPPLY SYSTEMS TRANSACTIONS ACT

     46-32-1. Short title.

     This act shall be known and may be cited as the "Municipal Water Supply Systems

Transactions Act."

     46-32-2. Legislative findings.

     (a) The purpose of this chapter is to authorize municipal water supply systems and

regional water quality management district commissions to enter into transactions with other

municipal water supply systems and regional water quality management district commissions as

well as any public or private operator of a water supply system or water quality management

system, notwithstanding, the provisions of any charter, other laws or ordinances, general, special,

or local, or of any rule or regulation of any state public body, restricting or regulating in any

manner the power of any municipal water supply system, regional water quality management

district commission, or public or private operator of a water supply system or water quality

management system.

     (b) It is hereby found and declared that:

     (1) Municipal water supply systems and regional water quality management district

commissions providing the protection, development, management, financial security, and use of

water should be integrated with each other or with other public or private operators of water

supply systems or water quality management systems in a manner that serves the citizens of

Rhode Island most efficiently and cost-effectively.

     (2) It is in the state's economic and environmental interests to coordinate the efforts of

municipal water supply systems and regional water quality management district commissions

with each other or with other public or private operators of water supply systems or water quality

management systems to collect, treat, distribute, store and protect water supplies, and to collect,

dispose and treat sewage and waste water.

     (3) Coordination of municipal water supply systems and regional water quality

management district commissions with each other or with other public or private operators of

water supply systems or water quality management systems provides efficiencies inuring to the

benefit of the state's citizens in the form of reliable, cost-effective, high-quality water and water

disposal systems that protect public health, promote environmental stewardship, reduce

redundancy, maintain customer confidence, and support a prosperous economy.

     (4) It is in the economic and environmental interests of Rhode Island citizens to develop

and facilitate efficient planning for the delivery of drinking water and sewage collection, disposal,

and treatment services vested with the operating, financing and regulatory powers to provide

appropriate means for addressing such needs.

     46-32-3. Powers to enter into transactions.

     (a) Notwithstanding the provisions of any charter, other laws or ordinances, general,

special, or local, or of any rule or regulation restricting or regulating in any manner the power of

municipal water supply systems or regional water quality management district commissions, such

municipal water supply systems and regional water quality management district commissions are

authorized to enter into transactions ("transactions") with other municipal water supply systems,

regional water quality management district commissions, and public or private operators of water

supply systems or water quality management systems to facilitate the coordination of their

operations for the purposes aforesaid.

     (b) Upon the consummation of a transaction, subject to § 46-32-5, the surviving entity

shall be considered a "public utility" as defined in § 39-1-2.

     (c) Notwithstanding the foregoing, §§ 39-3-24, 39-3-25 or any other general law to the

contrary, neither the Rhode Island public utilities commission nor the Rhode Island division of

public utilities and carriers shall have any jurisdiction, authority, or other power to approve,

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reject, review, or in any way affect any transaction.

     46-32-4. Rate determinations.

     (a) Any existing rates and charges, which are in effect at the time a transaction is

consummated, shall continue in full force and effect until otherwise determined by this section.

     (b) Subsequent to a transaction, rates and charges shall be established such as to provide

revenues sufficient at all times to pay, as the same shall become due, any and all payments

required to be made to a municipality that has entered into a transaction, the principal and interest

on any notes or bonds, together with the maintenance of proper reserves therefore, in addition to

paying, as the same shall become due, all expenses of operating and maintaining the water supply

system, together with proper reserves for depreciation, maintenance, and contingencies and all

other obligations and indebtedness.

     (c) The Rhode Island public utilities commission and the Rhode Island division of public

utilities and carriers shall recognize and apply all payments made to a municipality pursuant to a

transaction in its review and approval of rates, including, but not limited to, those payments and

fees referenced in §§ 46-32-3 and 46-32-5, respectively.

     (d) Subject to the foregoing, during the five (5) years subsequent to the effective date of a

transaction, neither the Rhode Island public utilities commission nor the Rhode Island division of

public utilities and carriers shall have any jurisdiction, authority or power to approve or in any

way affect an increase in rates applicable to affected residential, commercial, industrial or

wholesale ratepayers such that during said five (5) year period would exceed, in total, the

percentage rate increase for such water ratepayers during the five (5) year period prior to the

effective date of the transaction. Notwithstanding the foregoing, the Rhode Island public utilities

commission and the Rhode Island division of public utilities and carriers shall have the authority

to increase such rate to cure, avoid, or otherwise respond to a water shortage or other water

emergency. Nothing herein shall be construed to limit any party to a transaction from recovering

all payments, rates, rents, assessments, fees and other costs or charges of all costs of service from

all water users in its system.

     46-32-5. Special provisions applicable to transactions.

     (a) Each party to a transaction shall pay its own reasonably incurred fees, costs and

expenses, including, but not limited to, legal, accounting, and engineering fees. Notwithstanding

the foregoing, in the event a transaction is consummated, the terms of such transaction may

provide for reimbursement of the aforesaid fees, costs, and expenses, which may be financed to

the extent permitted under applicable law. In the event that the transacting parties' costs are

financed, payment of such costs shall not be subject to review and approval by the Rhode Island

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public utilities commission or the Rhode Island division of public utilities and carriers.

     (b) In any transaction, the transacting parties are authorized to assume such debts related

to such properties and assets being transferred as such parties shall deem appropriate. Such debts

may include notes, bonds, and any other outstanding debts.

     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 WATERS AND NAVIGATION -- THE MUNICIPAL WATER SUPPLY

SYSTEMS TRANSACTIONS ACT

***

     This act would authorize any municipal water supply system and any regional water

quality management district commission to enter into a transaction with municipal water supply

systems or regional water quality management district commissions notwithstanding any charter,

other laws or ordinances, general, special, or local, or of any rule or regulation of any state public

body to the contrary.

     This act would take effect upon passage.

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LC001567

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