2020 -- H 8094

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LC005455

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO STATUTORY CONSTRUCTION

     Introduced By: Representative K. Joseph Shekarchi

     Date Introduced: July 02, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY REENACTMENT

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

Titles 39, 40, 40.1 and 41 of the General Laws of R.I., including every chapter and section therein

and any chapters and sections of Titles 39, 40, 40.1 and 41 not included in this act may be, and are

hereby reenacted as if fully set forth herein.

     SECTION 2. Sections 39-1-2, 39-1-27.9, 39-1-38 and 39-1-61 of the General Laws in

chapter 39-1 entitled “Public Utilities Commission” are hereby amended to read as follows:

     39-1-2. Definitions.

     (a) Terms used in this title shall be construed as follows, unless another meaning is

expressed or is clearly apparent from the language or context:

     (1) "Administrator" means the administrator of the division of public utilities and carriers;

     (2) "Airport" and "landing field" mean and include all airports and landing fields other than

those owned by the state;

     (3) "Chairperson" means the chairperson of the public utilities commission;

     (4) "Charter carrier" means and includes all carriers for hire or compensation within this

state not included in the definition of common carrier;

     (5) "Commission" means the public utilities commission;

     (6) "Commissioner" means a member of the public utilities commission;

     (7) "Common carrier", except when used in chapters 12, 13, and 14 of this title, means and

includes all carriers for hire or compensation including railroads, street railways, express, freight

and freight line companies, dining car companies, steam boat, motor boat, power boat, hydrofoil,

and ferry companies and all other companies operating any agency or facility for public use in this

the conveyance over fixed routes, or between fixed termini within this state or of persons or

property by or by a combination of land, air, or water;

     (8) "Company" means and includes a person, firm, partnership, corporation, quasi-

municipal corporation, association, joint stock association or company, and his, her, its, or their

lessees, trustees, or receivers appointed by any court;

     (9) "Customer" means a company taking service from an electric distribution company at

a single point of delivery or meter location;

     (10) "Distribution facility" means plant or equipment used for the distribution of electricity

and which is not a transmission facility;

     (11) "Division" means the division of public utilities and carriers;

     (12) "Electric distribution company" means a company engaging in the distribution of

electricity or owning, operating, or controlling distribution facilities and shall be a public utility

pursuant to § 39-1-2(20);

     (13) "Electric transmission company" means a company engaging in the transmission of

electricity or owning, operating, or controlling transmission facilities. An electric transmission

company shall not be subject to regulation as a public utility except as specifically provided in the

general laws, but shall be regulated by the federal energy regulatory commission and shall provide

transmission service to all nonregulated power producers and customers, whether affiliated or not,

on comparable, nondiscriminatory prices and terms. Electric transmission companies shall have the

power of eminent domain exercisable following a petition to the commission pursuant to § 39-1-

31;

     (14) "Liquefied natural gas" means a fluid in the liquid state composed predominantly of

methane and which that may contain minor quantities of ethane, propane, nitrogen, or other

components normally found in natural gas;

     (15) "Manufacturing customers" means all customers that have on file with an electric

distribution company a valid certificate of exemption from the Rhode Island sales tax indicating

the customer's status as a manufacturer pursuant to § 44-18-30;

     (16) "Motor carriers" means any carrier regulated by the administrator pursuant to Chapters

3, 11, 12, 13 and 14 of this title;

     (17) "Natural gas" means the combustible gaseous mixture of low-molecular-weight,

paraffin hydrocarbons, generated below the surface of the earth containing mostly methane and

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ethane with small amounts of propane, butane, and hydrocarbons, and sometimes nitrogen, carbon

dioxide, hydrogen sulfide, and helium;

     (18) "Nonprofit housing development corporation" means a nonprofit corporation, which

that has been approved as a § 501(c)(3), 26 U.S.C. § 501(c)(3), corporation by the internal

revenue service Internal Revenue Service, and which is organized and operated primarily for the

purpose of providing housing for low and moderate income persons;

     (19) "Nonregulated power producer" means a company engaging in the business of

producing, manufacturing, generating, buying, aggregating, marketing or brokering electricity for

sale at wholesale or for retail sale to the public; provided however, that companies which that

negotiate the purchase of electric generation services on behalf of customers and do not engage in

the purchase and resale of electric generation services shall be excluded from this definition. A

nonregulated power producer shall not be subject to regulation as a public utility except as

specifically provided in the general laws;

     (20) "Public utility" means and includes every company that is an electric distribution

company and every company operating or doing business in intrastate commerce and in this state

as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph,

and pipeline company, and every company owning, leasing, maintaining, managing, or controlling

any plant or equipment or any part of any plant or equipment within this state for manufacturing,

producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly

or indirectly to or for the public, or any cars or equipment employed on or in connection with any

railroad or street railway for public or general use within this state, or any pipes, mains, poles,

wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways or

streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for

sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or

telegraphic communication service within this state or any pond, lake, reservoir, stream, well, or

distributing plant or system employed for the distribution of water to the consuming public within

this state including the water supply board of the city of Providence; provided, that, except as

provided in § 39-16-9 and in chapter 2072 of the public laws, 1933, as amended, this definition

shall not be construed to apply to any public waterworks or water service owned and furnished by

any city, town, water district, fire district, or any other municipal or quasi-municipal corporation,

excepting the water supply board of the city of Providence, unless any city, town, water district,

fire district, municipal, or quasi-municipal corporation obtains water from a source owned or leased

by the water resources board, either directly or indirectly, or obtains a loan from the board pursuant

to the provisions of chapter 15 15.1 of title 46, or sells water, on a wholesale or retail basis, inside

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and outside the territorial limits of the city or town, water district, fire district, municipal or quasi-

municipal corporation, except, however, that a public waterworks or water service owned and

furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal

corporation which sells water, on a wholesale or retail basis, inside and outside its territorial limits

shall not be construed as a public utility if it has fewer than one-thousand five hundred (1,500) total

customer service connections and provided outside sales do not exceed ten percent (10%) of the

total water service connections or volumetric sales and provided the price charged to outside

customers, per unit of water, is not greater than the price charged to inside customers for the same

unit of water, nor to the Rhode Island public transit authority, or to the production and/or

distribution of steam, heat, or water by Rhode Island port authority and economic development

corporation in the town of North Kingstown; and the term "public utility" shall also mean and

include the Narragansett Bay water quality management district commission; and provided that the

ownership or operation of a facility by a company which dispenses alternative fuel or energy

sources at retail for use as a motor vehicle fuel or energy source, and the dispensing of alternative

fuel or energy sources at retail from such a facility, does not make the company a public utility

within the meaning of this title solely because of that ownership, operation, or sale; and provided

further that this exemption shall not apply to presently regulated public utilities which sell natural

gas or are dispensers of other energy sources; and provided further, that the term "public utility"

shall not include any company; :

     (i) Producing or distributing steam or heat from a fossil fuel fired cogeneration plant

located at the university of Rhode Island South Kingstown, Rhode Island;

     (ii) Producing and/or distributing thermal energy and/or electricity to a state owned facility

from a plant located on an adjacent site regardless of whether steam lines cross a public highway;

and

     (iii) Providing wireless service.

     (21) "Purchasing cooperatives" shall mean any association of electricity consumers which

that join for the purpose of negotiating the purchase of power from a nonregulated power producer,

provided however, that purchasing cooperatives shall not be required to be legal entities and are

prohibited from being engaged in the re-sale of electric power;

     (22) "Railroad" means and includes every railroad other than a street railway, by

whatsoever power operated for public use in the conveyance in this state of persons or property for

compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and

terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection

with any railroad;

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     (23) "Retail access" means the use of transmission and distribution facilities owned by an

electric transmission company or an electric distribution company to transport electricity sold by a

nonregulated power producer to retail customers pursuant to § 39-1-27.3;

     (24) "Street railway" means and includes every railway by whatsoever power operated or

any extension or extensions, branch, or branches thereof, for public use in the conveyance in this

state of persons or property for compensation, being mainly upon, along, above, or below any street,

avenue, road, highway, bridge, or public place in any city or town, and including all switches, spurs,

tracks, rights of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind,

used, operated, controlled, or owned by or in connection with any street railway;

     (25) "Transmission facility" means plant or equipment used for the transmission of

electricity as determined by the federal energy regulatory commission pursuant to federal law as of

the date of the property transfers pursuant to § 39-1-27(c);

     (26) Notwithstanding any provision of this section or any provision of the act entitled,

"An Act Relating to the Utility Restructuring Act of 1996" (hereinafter "Utility

Restructuring Act"), upon request by the affected electric utility, the commission may exempt

from the Utility Restructuring Act or any provision(s) thereof, an electric utility which meets

the following requirements: (i) the utility is not selling or distributing electricity outside of

the service territory in effect for that utility on the date of passage of the Utility Restructuring

Act; and (ii) the number of kilowatt hours sold or distributed annually by the utility to the

public is less than five percent (5%) of the total kilowatt hours consumed annually by the

state. Provided however that nothing contained in this section shall prevent the commission

from allowing competition in the generation of electricity in service territories of utilities

exempted in whole or in part from the Utility Restructuring Act pursuant to this section, as

long as such allowance of competition is conditioned upon payment to the exempted electric

utility of a nonbypassable transition charge calculated to recover the elements comparable in

nature to the elements in § 39-1-27.4(b) and (c) taking into consideration any unique

circumstances applicable to the exempted electric utility.

     (27) (26) "Wireless service" means communication services provided over spectrum

licensed by or subject to the jurisdiction of the federal communications commission.

     (b) Notwithstanding any provision of this section or any provision of the act entitled,

"An Act Relating to the Utility Restructuring Act of 1996" (hereinafter "Utility

Restructuring Act"), upon request by the affected electric utility, the commission may exempt

from the Utility Restructuring Act or any provision(s) thereof, an electric utility that meets

the following requirements:

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     (1) The utility is not selling or distributing electricity outside of the service territory

in effect for that utility on the date of passage of the Utility Restructuring Act; and

     (2) The number of kilowatt hours sold or distributed annually by the utility to the

public is less than five percent (5%) of the total kilowatt hours consumed annually by the

state. Provided however that nothing contained in this section shall prevent the commission

from allowing competition in the generation of electricity in service territories of utilities

exempted in whole or in part from the utility restructuring act pursuant to this section, as

long as such allowance of competition is conditioned upon payment to the exempted electric

utility of a nonbypassable transition charge calculated to recover the elements comparable in

nature to the elements in § 39-1-27.4(b) and (c) taking into consideration any unique

circumstances applicable to the exempted electric utility.

     39-1-27.9. Office of energy resources participation.

     In any commission inquiry into, or examination of matters that relate to or could potentially

impact any programs, functions or duties of the office of energy resources and/or the energy

efficiency and resources management council, including, but not limited to, those programs,

functions and duties pursuant to this chapter and chapters 42-140, 42-140.1, 42-140.2, and 42-141,

the office of energy resources and the energy resources council shall be deemed, upon the formal

request of the office or the council as appropriate, to be an interested party for all purposes, and as

such, shall receive all notices and may file complaints, institute proceedings, and participate as a

party in administrative hearings.

     39-1-38. Liberal construction -- Incidental powers -- Severability.

     The provisions of this title shall be interpreted and construed liberally in aid of its declared

purpose. The commission and the division shall have, in addition to powers specified in this

chapter, all additional, implied, and incidental power which may be proper or necessary to

effectuate their purposes. No rule, order, act, or regulation of the commission and of the division

shall be declared inoperative, illegal, or void for any omission of a technical nature. If any provision

of this title, or of any rule or regulation made thereunder, or the application thereof to any company

of or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the title,

rule, or regulation, and the application of such provision to other companies or circumstances shall

not be affected thereby. The invalidity of any section or sections or parts of any section or sections

of this title shall not affect the validity of the remainder of the title.

     39-1-61. Rhode Island telecommunications education access fund.

     (a) Preamble. For the past ten (10) years, the schools and libraries of Rhode Island have

benefited from a regulatory agreement with Verizon and its predecessor companies that has

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provided up to two million dollars ($2,000,000) annually for support of telecommunications lines

for internet access. In addition, the funds provided for in the original regulatory agreement and

every dollar generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-

Rate match. With the regulatory agreement approaching its termination and the advent of more

advanced technologies, it is the intent of this section to provide a continued source of funding for

internet access for eligible public and private schools and libraries.

     (b) Definitions. As used in this section, the following terms have the following meanings:

     (1) "Department" means the Rhode Island department of elementary and secondary

education.

     (2) "Division" means the Division of Public Utilities and Carriers.

     (3) "Telecommunications education access fund" means the programs and funding made

available to qualified libraries and schools to assist in paying the costs of acquiring, installing and

using telecommunications technologies to access the internet.

     (c) Purpose. The purpose of the telecommunications education access fund shall be to fund

a basic level of internet connectivity for all of the qualified schools (kindergarten through grade

12) and libraries in the state.

     (d) Authority. The division shall establish, by rule or regulation, an appropriate funding

mechanism to recover from the general body of ratepayers the costs of providing

telecommunications technology to access the internet.

     (1) The general assembly shall determine the amount of a monthly surcharge to be levied

upon each residence and business telephone access line or trunk in the state, including PBX trunks

and centrex equivalent trunks and each service line or trunk, and upon each user interface number

or extension number or similarly identifiable line, trunk, or path to or from a digital network. The

department will provide the general assembly with information and recommendations regarding

the necessary level of funding to effectuate the purposes of this article section. The surcharge shall

be billed by each telecommunications services provider and shall be payable to the

telecommunications services provider by the subscriber of the telecommunications services. State,

local and quasi-governmental agencies shall be exempt from the surcharge. The surcharge shall be

deposited in a restricted receipt account, hereby created within the department of elementary and

secondary education and known as the telecommunications education access fund, to pay any and

all costs associated with subsection (b)(3). The amount of the surcharge shall not exceed thirty-five

cents ($.35) per access line or trunk.

     (2) The surcharge is hereby determined to be twenty-six cents ($.26) per access line or

trunk.

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     (3) The amount of the surcharge shall not be subject to the sales and use tax imposed under

chapter 18 of title 44 nor be included within the gross earnings of the telecommunications

corporation providing telecommunications service for the purpose of computing the tax under

chapter 13 of title 44.

     (e) Administration. The division, with input from the department, shall administer the

telecommunications education access fund consistent with the requirements of the Universal

Service (E-Rate) program. The division of taxation shall collect from the telecommunications

service providers the amounts of the surcharge collected from their subscribers. The department,

with the approval of the division, shall publish requests for proposals that do not favor any

particular technology, evaluate competitive bids, and select products and services that best serve

the internet access needs of schools and libraries. In doing so, the department shall endeavor to

obtain all available E-Rate matching funds. The department is further authorized and encouraged

to seek matching funds from all local, state, and federal public or private entities. The department

shall approve dispersement [disbursement] disbursement of funds under this section in

accordance with the division's directives. Unsuccessful bids may be appealed to the division. The

division shall annually review the department's disbursements from this account to ensure that the

department's decisions do not favor any competitor.

     (f) Eligibility. All schools seeking support from the fund must be eligible for Universal

Service (E-Rate) support and meet the definition of "elementary school" or "secondary school" in

the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools

operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000)

are not eligible for support. All libraries seeking support from the fund must meet the definition of

"library" or "library consortium" in the Library Services and Technology Act, P.L. 104-208, § 211

et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state library administrative

agency under that act. Only libraries that have budgets that are completely separate from any

schools (including, but not limited to, elementary and secondary, colleges and universities) shall

be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for

support.

     (g) Effective date. The effective date of assessment for the telecommunications education

access fund shall be January 1, 2004.

     SECTION 3. Sections 39-2-1, 39-2-13 and 39-2-20 of the General Laws in Chapter 39-2

entitled “Duties of Utilities and Carriers” are hereby amended to read as follows:

     39-2-1. Reasonable and adequate services -- Reasonable and just charges.

     (a) Every public utility is required to furnish safe, reasonable, and adequate services and

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facilities. The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any

public utility for the conveyance or transportation of any persons or property, including sewage,

between points within the state; or for any heat, light, water, or power produced, transmitted,

distributed, delivered, or furnished; or for any telephone or telegraph message conveyed; or for any

service rendered or to be rendered in connection therewith, shall be reasonable and just, and every

unjust or unreasonable charge for the service is prohibited and declared unlawful, and no public

utility providing heat, light, water, or power produced, transmitted, distributed, delivered, or

furnished shall terminate the service or deprive any home or building, or whatsoever, of service if

the reason therefor is nonpayment of the service without first notifying the user of the service, or

the owner, or owners, of the building as recorded with the utility of the impending service

termination by written notice at least ten (10) days prior to the effective date of the proposed

termination of service.

     (1) Effective immediately, following the issuance of a decision by the commission under

§ 39-1-27.12(d), the utility shall collect a LIHEAP enhancement charge from all utility customers,

for the funding of the LIHEAP Enhancement Fund.

     (b) Any existing rules and regulations dealing with the termination of utility service and

establishing reasonable methods of debt collection promulgated by the commission pursuant to this

chapter and the provisions of § 39-1.1-3 including, but not limited to, any rules and regulations

dealing with deposit and deferred-payment arrangements, winter moratorium and medical

emergency protections, and customer dispute resolution procedures, shall be applicable to any

public utility that distributes electricity.

     (c) The commission shall promulgate such further rules and regulations as are necessary to

protect consumers following the introduction of competition in the electric industry and that are

consistent with this chapter and the provisions of § 39-1.1-3. In promulgating such rules and

regulations, the commission shall confer with the retail electric licensing commission and shall give

reasonable consideration to any and all recommendations of the retail electric licensing

commission.

     (d)(1) On or before August 15, 2011, the commission shall administer such rules and

regulations, as may be necessary, to implement the purpose of subdivision (2) of this subsection

and to provide for the restoration of electric and/or gas service to low-income home energy

assistance program (LIHEAP)-eligible households, as this eligibility is defined in the current

LIHEAP state plan for Rhode Island filed with the U.S. Department of Health and Human Services.

     (2) Effective no later than September 1, 2016, notwithstanding the provisions of part V

sections 4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing the

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termination of residential electric-, gas-, and water-utility service, a LIHEAP-eligible customer, as

defined above in this section, who has been terminated from gas and/or electric service or is

recognized, pursuant to a rule or decision by the division, as being scheduled for actual shut-off of

service on a specific date, shall not be deprived electric and/or gas utility service provided the

following conditions are met:

     (i) The customer has an account balance of at least three hundred dollars ($300) that is

more than sixty (60) days past due;

     (ii) The customer is eligible for the federal low-income home-energy assistance program

and the account is enrolled in the utility low-income rate if offered;

     (iii) If utility service has been terminated, the customer shall make an initial payment of

twenty-five percent (25%) of the unpaid balance, unless the commission has enacted emergency

regulations in which case the customer shall pay the down payment required by the emergency

regulations;

     (iv) The customer agrees to participate in energy efficiency programs;

     (v) The customer applies for other available energy-assistance programs, including fuel

assistance and weatherization;

     (vi) The customer agrees to make at least twelve (12) monthly payments in an amount

determined by the utility and based on the customer's average monthly usage of the previous year,

and the customer's actual or anticipated fuel assistance, if known. The electric- and/or gas-utility

company shall review the payment plan every three (3) months and may adjust said plan based on

the following: the amount of or change in fuel assistance; the customer moves, actual usage differs

from estimated usage; and/or significant changes in the company's energy costs or rates from the

time of anticipated enrollment;

     (vii) With each payment, a portion of the customer's outstanding account balance shall be

forgiven in an amount equal to the total past-due balance divided by the number of months in the

customer agreement;

     (viii) Up to one thousand five hundred dollars ($1,500) shall be forgiven in a twelve-month

(12) period. If the outstanding account balance is greater than one thousand five hundred dollars

($1,500), the length of the agreement may, at the request of the customer, be extended for more

than twelve (12) months to accommodate the total outstanding balance, provided that the customer

is current with payments at the conclusion of the previous twelve-month (12) period;

     (ix) The customer agrees to remain current with payments. For purposes of this subsection,

remaining current shall mean that the customer: (A) Misses no more than two (2) payments in a

twelve-month (12) period covered by the agreement; and (B) That the amount due under the

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agreement is paid in full, by the conclusion of the twelve-month (12) period of the agreement;

     (x) Failure to comply with the payment provisions set forth in this subsection shall be

grounds for the customer to be removed from the repayment program established by this subsection

and the balance due on the unpaid balance shall be due and payable in full, in accordance with the

rules of the commission governing the termination of residential electric-, gas-, and water-utility

service, provided, that any arrearage already forgiven under subsection (d)(2)(ii) (vii) of this section

shall remain forgiven and be written off by the utility. The amount of the arrearage, so forgiven,

shall be recovered by the electric and/or gas company through an annual reconciling factor

approved by the commission;

     (xi) The commission may promulgate rules and regulations to implement this section that

ensure efficient administration of the program in a non-discriminatory manner consistent with the

goal of providing assistance to customers who are willing and able to meet their obligations to the

utility under this program;

     (xii) Each public utility that provides gas or electric service to residential ratepayers shall

file tariffs implementing the requirements of this section on a date to be determined by the

commission which shall allow for the program to be in place no later than October 1, 2016; and

      (xiii) After two (2) years from the date of completion of the plan or removal from the plan

for failure to remain current with payments and upon recommendation from a community action

partnership agency, a customer shall be eligible to enroll in a subsequent arrearage forgiveness

plan.; and

     (xiv) A customer, who completes the schedule of payments pursuant to this subsection,

shall have the balance of any arrearage forgiven, and the customer's obligation to the gas and/or

electric company for such unpaid balance shall be deemed to be fully satisfied. The amount of the

arrearage, so forgiven, shall be treated as bad debt for purposes of cost recovery by the gas or the

electric company up to the amount allowed in the gas and/or electric company's most recent general

rate filing. In the event the gas or electric company's bad debt for a calendar year exceeds the

amount allowed in the most recent general-rate filing for the same period, the gas or electric

company shall be entitled to recovery of those write-offs that were the result of the arrearage

forgiveness plan set forth in this section.

     (3) A customer terminated from service under the provisions of subdivision (d)(1) or (d)(2)

shall be eligible for restoration of service in accordance with the applicable provisions of part V

section 4(E)(1)(C), or its successor provision, of the public utilities commission rules and

regulations governing the termination of residential electric, gas, and water service.

     (e) The commission shall complete a comprehensive review of all utility- and energy-

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related programs and policies impacting protected classes and low-income ratepayers. In

conducting its review, the commission shall consult with the division, the attorney general, the

utility, the department of human services, the ratepayers advisory board established by § 39-1-37.1,

community-based organizations, a homeless advisory group, and community action agencies, each

of whom shall cooperate with meetings scheduled by the commission and any requests for

information received by the commission by providing responses within twenty-one (21) days from

issuance. The commission shall submit a report of its findings and recommendations to the

governor and the general assembly no later than November 1, 2018. No later than November 15,

2017, and annually thereafter, the commission shall submit to the governor, the senate president,

and the speaker of the house a report on the effectiveness of the customer arrearage program which

shall include a cost-benefit analysis and recommendations to improve effectiveness of the arrearage

program.

     39-2-13. Admission of guide dogs.

     Any blind or deaf person, who uses the services of a seeing-eye guide dog, or personal

assistance animal or a hearing-ear signal dog, clearly identified as such by a yellow harness and

trained by a recognized training agency or school, may enter any public facility of any public utility

or common carrier in this state, and when riding on any bus or other public utility or common

carrier, engaged in the transportation of passengers or when riding in any elevator in this state

where a landlord has the elevator operated for the use of his the landlord's tenants and their

visitors, or while in any building in this state open to the public, may keep the animal in his or her

immediate custody; and the person shall not be required to pay any charge or fare, for or on account

of the transportation thereon of him or herself and any dog so accompanying him or her, in addition

to the charge of or fare lawfully chargeable for his or her own transportation; provided, however,

the provisions of this section shall not apply to railroad sleeping, parlor, club, buffet, or lounge

cars.

     39-2-20. Communications common carriers -- Duty to disclose certain information.

     (a) A communications common carrier, as defined in § 12-5.1-1, shall disclose to the

attorney general, or an assistant attorney general specially designated by the attorney general, or

any chief of police, the director of the statewide fugitive task force, or the superintendent of state

police, the names, addresses, and telephone numbers of persons to whom nonpublished service is

furnished upon written certification by the attorney general, or assistant attorney general, or any

chief of police, the director of the statewide fugitive task force or the superintendent of state police

that the information is necessary for an investigation of or prosecution of criminal violations of the

laws of Rhode Island. No cause of action shall lie in any court against any communications common

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carrier, its officers, employees, or agents for furnishing or disclosing the information in accordance

with the certification. The attorney general, or any chief of police, or the superintendent of state

police, or the director of the statewide fugitive task force shall not disclose any information obtained

as a result of the written certification except as it is essential to the proper discharge of their duties.

     (b)(1) Upon request of a law enforcement agency, a wireless telecommunications carrier

shall provide device location information concerning the telecommunications device of the user to

the requesting law enforcement agency in order to respond to a call for emergency services or in

an emergency situation that involves the risk of death or serious physical injury to any person and

requires disclosure without delay of information relating to the emergency.

     (2) Notwithstanding any other provision of law to the contrary, nothing in this section

prohibits a wireless telecommunications carrier from establishing protocols by which the carrier

could voluntarily disclose device location information.

     (3) No cause of action shall lie in any court against any wireless telecommunications

carrier, its officers, employees, agents or other specified persons for providing device location

information while acting in good faith and in accordance with the provisions of this section.

     (4) All wireless telecommunications carriers registered to do business in the state of Rhode

Island or submitting to the jurisdiction thereof and all resellers of wireless telecommunications

services shall submit their emergency contact information to the Rhode Island division of public

safety's E-911 unit in order to facilitate requests from a law enforcement agency for call location

information in accordance with this section. This contact information must be submitted annually

by June 15th or immediately upon any change in contact information.

     (5) The Rhode Island division of public safety's E-911 unit shall maintain a database

containing emergency contact information for all wireless telecommunications carriers registered

to do business in the state of Rhode Island and shall make the information immediately available

upon request to all public safety answer points in the state.

     (6)(c) This section shall be known and may be cited as the "Kelsey Smith Act."

     SECTION 4. Sections 39-3-1.2 and 39-3-17 of the General Laws in Chapter 39-3 entitled

“Regulatory Powers Of Administration” are hereby amended to read as follows:

     39-3-1.2. Aggregation of electrical load by municipality or group of municipalities.

     (a)(1) The legislative authority of a municipality may adopt an ordinance or resolution,

under which it may aggregate in accordance with this section one or more classes of the retail

electrical loads located, respectively, within the municipality or town and, for that purpose, may

enter into service agreements to facilitate for those loads the sale and purchase of electricity. The

legislative authority also may exercise this authority jointly with any other legislative authority. An

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ordinance or resolution under this section shall specify whether the aggregation will occur only

with the prior consent of each person owning, occupying, controlling, or using an electric load

center proposed to be aggregated or will occur automatically for all persons pursuant to the opt-out

requirements of this section. Nothing in this section, however, authorizes the aggregation of retail

electric loads of an electric load center that is located in the certified territory of a nonprofit electric

supplier or an electric load center served by transmission or distribution facilities of a municipal

electric utility.

     (2) No legislative authority pursuant to an ordinance or resolution under this section that

provides for automatic aggregation as described in this section, shall aggregate the electrical load

of any electric load center located within its jurisdiction unless it in advance clearly discloses to the

person owning, occupying, controlling, or using the load center that the person will be enrolled

automatically in the aggregation program and will remain so enrolled unless the person

affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state

prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure

shall allow any person enrolled in the aggregation program the opportunity, at a minimum, to opt-

out of the program every two (2) years, without paying a switching fee. Any person that leaves the

aggregation program pursuant to the stated procedure shall default to the last resort service until

the person chooses an alternative supplier.

     (b) A governmental aggregator under this section is not a public utility engaging in the

wholesale purchase and resale of electricity, and the aggregated service is not a wholesale utility

transaction. A governmental aggregator shall be subject to supervision and regulation by the

commission only to the extent of any competitive retail electric service it provides and commission

authority.

     (c) A town may initiate a process to authorize aggregation by a majority vote of a town

meeting or of the town council. A city may initiate a process to authorize aggregation by a majority

vote of the city council, with the approval of the mayor, or the city manager. Two (2) or more

municipalities may, as a group, initiate a process jointly to authorize aggregation by a majority vote

of each particular municipality as required in this section.

     (d) Upon the applicable requisite authority under this section, the legislative authority shall

develop a plan of operation and governance for the aggregation program so authorized. Before

adopting a plan under this section, the legislative authority shall hold at least one public hearing on

the plan. Before the hearing, the legislative authority shall publish notice of the hearing once a

week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdiction. The

notice shall summarize the plan and state the date, time, and location of any hearing. A municipality

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or group of municipalities establishing load aggregation pursuant to this section shall develop a

plan, for review by its citizens, detailing the process and consequences of aggregation. The plan

shall identify which classes of customers may participate, based on their applicable electric

distribution company tariff or rate schedule. Any municipal load aggregation plan established

pursuant to this section shall provide for universal access to all applicable customers and equitable

treatment of applicable classes of customers and shall meet any requirements established by law or

the commission concerning aggregated service. The plan shall be filed with the commission, for its

final review and approval, and shall include, without limitation, an organizational structure of the

program, its operations, and its funding; the process for establishing rates and allocating costs

among participants; the methods for entering and terminating agreements with other entities; the

rights and responsibilities of program participants; and termination of the program. The plan must

also include the terms and conditions under which retail customers who have chosen to opt-out of

the aggregated service may take service from the aggregated entity. At the time of the legislative

authority's filing of the plan with the commission, a copy of the proposed plan filing shall be

provided to the electric distribution company whose customers would be included in the plan. Prior

to its decision, the commission shall conduct a public hearing. Following approval of the plan, the

legislative authority may solicit bids from nonregulated power producers pursuant to the methods

established by the plan. The legislative authority shall report the results of this solicitation and

proposed agreement awards to the commission. The legislative authority shall have the right to

terminate the operation of the plan by placing its customers on last-resort service. If the legislative

authority terminates the operation of the plan and places customers on last-resort service, a

municipality seeking to form a new municipal aggregation load must submit a new plan to the

commission for approval, in accordance with this section, before the customers may enroll in a new

aggregation program.

     (e)(1) Any retail customer in a municipality with an approved aggregation plan may elect

instead to receive retail supply from another licensed retail supplier or from the local distribution

company. Within thirty (30) days of the date the aggregated entity is fully operational, ratepayers

who have not affirmatively elected an alternative authorized supplier shall be transferred to the

aggregated entity subject to the opt-out provision in this section. Following adoption of aggregation

as specified above, the program shall allow any retail customer to opt-out and choose any supplier

or provider that the retail customer wishes. Nothing in this section shall be construed as authorizing

any city or town or any municipal retail load aggregator to restrict the ability of retail electric

customers to obtain or receive service from any authorized provider of it.

     (2) It shall be the duty of the aggregated entity to fully inform participating ratepayers in

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advance of automatic enrollment that they are to be automatically enrolled and that they have the

right to opt-out of the aggregated entity without penalty. In addition, such disclosure shall

prominently state all charges to be made and shall include full disclosure of the standard-offer rate,

how to access it, and the fact that it is available to them without penalty, if they are currently on

standard-offer service. The commission shall furnish, without charge, to any citizen a list of all

other supply options available to them in a meaningful format that shall enable comparison of price

and product.

     (f) The municipality or group of municipalities shall, within two (2) years of approval of

its plan, or such further time as the commission may allow, provide written notice to the

commission that its plan is implemented. The commission may revoke certification of the

aggregation plan if the municipality or group of municipalities fails to substantially implement the

plan.

     (b)(g) The commission may, from time to time, promulgate rules by which the legislative

authority may request information from the electric-distribution company or companies whose

customers would be included in its plan. These rules shall ensure that municipalities have

reasonable and timely access to information pertinent to the formation of the plan and solicitation

of bids to serve customers, that confidentiality of individuals is protected, that charges for

production of data are reasonable and not unduly burdensome to the legislative authority.

     39-3-17. Procedure for obtaining authority for security issues.

     (a) The proceedings for obtaining the consent and authority of the division for the security

issue as provided in §§ 39-3-15 -- 39-3-23 shall be as follows:

     (1) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for

money only, the public utility shall file with the division a statement, signed and verified by the

president and secretary thereof, setting forth:

     (i) The amount and character of the stocks, bonds, or other evidence of indebtedness;

     (ii) The purposes for which they are to be issued;

     (iii) The terms upon which they are to be issued;

     (iv) The total assets and liabilities of the public utility in such detail as the division may

require;

     (v) If the issue is desired for the purpose of reimbursement of money expended from

income, as herein provided, the amount expended, when and for what purposes expended; and

     (vi) Such other facts and information pertinent to the inquiry as the division may require.

     (2) If the stocks, bonds, notes, or other evidence of indebtedness are to be issued, partly, or

wholly for property or services or other consideration than money, the public utility shall file with

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the division a statement, signed and verified by its president and secretary, setting forth:

     (i) The amount and character of the stocks, bonds, or other evidence of indebtedness

proposed to be issued;

     (ii) The purposes for which they are to be issued;

     (iii) The description and value of the property or services for which they are to be issued;

     (iv) The terms on which they are to be issued or exchanged;

     (v) The amount of money, if any, to be received from the same in addition to the property,

service, or other consideration;

     (vi) The total assets and liabilities of the public utility in such detail as the division may

require; and

     (vii) Such other facts and information pertinent to the inquiry as the division may require.

     (b) For the purpose of enabling the division to determine whether it should issue the order,

it shall hold such hearings, make such inquiries or investigations, and examine such witnesses,

books, papers, documents, and contracts as it may deem proper.

     SECTION 5. Section 39-9-2 of the General Laws in Chapter 39-9 entitled “Railroad Rates

and Service” is hereby amended to read as follows:

     39-9-2. Abandonment of stations -- Seasonal stations.

     No railroad corporation shall abandon any railroad station which is on its road and in this

state after the station has been established for twelve (12) months, except by permission of the

commission; but the corporation may establish stations to be used only during such certain months

of each year, and for such trains, as they may designate by notice put up and maintained in some

conspicuous place at the stations so established, specifying the months during which the station

will be used.

     SECTION 6. Sections 39-12.1-4, 39-12.1-5, 39-12.1-8 and 39-12.1-13 of the General Laws

in Chapter 39-12.1 entitled “The Towing Storage Act” are hereby amended to read as follows:

     39-12.1-4. Notice and processing of abandoned and unclaimed motor vehicles by

certificated tower.

     (a) A certified tower removing an abandoned or unattended vehicle shall notify within two

(2) hours thereof, the police department of the city or town from which the vehicle is towed, and

shall provide:

     (1) The year, make, model and serial number of the vehicle.

     (2) The name, address and telephone number of the certificated tower.

     (3) The street address or location from which the vehicle was towed.

     (b) A certificated tower removing an abandoned or unattended vehicle shall notify within

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fourteen (14) days thereof, by registered mail, return receipt requested, the last known registered

owner of the vehicle and all lienholders of record at the address shown in the records of the

appropriate registry in the state in which the vehicle is registered that the vehicle has been taken

into custody. The notice shall be substantially in the form provided in § 39-12.1-13 and shall

describe:

     (1) The year, make, model and serial number of the vehicle.

     (2) The name, address and telephone number of the certificated tower.

     (3) That the vehicle is in the possession of that certificated tower.

     (4) That recovery, towing, and storage charges are accruing as a legal liability of the

registered and/or legal owner.

     (5) That the certificated tower claims a possessory lien for all recovery, towing, and storage

charges.

     (6) That the registered and/or legal owner may retake possession at any time during

business hours by appearing, proving ownership, and paying all charges due the certificated tower

pursuant to its published tariff.

     (7) That should the registered and/or legal owner consider that the original taking was

improper or not legally justified, he or she has a right to file an administrative complaint pursuant

to chapter 12 of this title to contest the original taking.

     (8) That if no claim is filed and the vehicle is not claimed and possession retaken or

arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and the

vehicle will be sold at public auction.

     (9) That the proceeds of the sale shall be first applied to recovery, towing, and storage

charges with and any excess proceeds being deposited as provided in accordance with § 39-12.1-

9(d)(3).

     (10) That any recovery, towing, and storage charges in excess of the sale proceeds shall

remain as a civil obligation of the registered and/or legal owner.

     (c) If the identity of the last registered owner cannot be determined from the records of the

appropriate registry in the state in which the vehicle is registered, or if the registration contains no

address for the ownership or if it is impossible to determine with reasonable certainty the identity

and addresses of all lienholders, notice by one publication in one newspaper of general circulation

in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all

requirements of notice pursuant to this chapter. A notice by publication may contain multiple

listings of abandoned or unattended vehicles. Any notice by publication shall be within the time

requirements prescribed for notice by registered mail and shall have the same contents required for

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a notice by registered mail.

     39-12.1-5. Special procedure regarding certain abandoned vehicles.

     (a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined in § 39-

12.1-2, is at least ten (10) years old or less than ten (10) years old and has an altered vehicle

identification number, has not been registered within one year, has no established fair market value

and would not pass a safety inspection pursuant to chapter 38 of title 31, a certificated tower shall

not be required to comply with the provisions of § 39-12.1-4.

     (b) If a police department takes possession or orders the removal of a vehicle which meets

the requirements of this section, the police department shall request that the state police conduct a

computer search to determine if the vehicle is a stolen vehicle. The police department shall remove

the vehicle identification number from the vehicle and shall maintain a record of all numbers

removed from vehicles for a period of two (2) years.

     (c) A police department which complies with the provisions of this section may dispose of

the vehicle in accordance with the provisions of § 39-12.1-9 five (5) days after the removal of the

vehicle identification number.

     39-12.1-8. Notice prior to enforcement of possessory lien.

     (a) Prior to enforcement of its possessory lien as provided in § 39-12.1-9, the certificated

tower shall give notice by registered mail, return receipt requested, to the last known registered

owner and all known lienholders of record, at the address shown on the records appropriate of the

appropriate registry, in the state of which the vehicle is registered, substantially in the form

provided in § 39-12.1-14, stating:

     (1) That no complaint having been filed and that the vehicle has not been claimed or

possession retaken or arranged for within thirty (30) days of the notice given pursuant to § 39-12.1-

4.

     (2) That the certificated tower claims a possessory lien for all recovery, towing, and storage

charges.

     (3) That the registered and/or legal owner may retake possession at any time during

business hours by appearing, proving ownership, and paying all charges due the certificated tower

pursuant to its published tariff; and

     (4) That if the vehicle is not claimed and possession retaken, or arranged for, within ten

(10) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at

public auction;

     (5) The date, time, and place at which the public auction shall occur.

     (6) That any charges in excess of the sale proceeds shall remain as a civil obligation of the

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owner.

     (b) If the identity of the last known registered owner and/or the lienholders cannot be

determined by a request to the appropriate registry in the state in which the vehicle is registered,

notice by the certificated tower pursuant to § 39-12.1-4(b) shall be sufficient notice prior to

foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall

occur prior to sixty (60) days after the date of notice by the certificated tower.

     (c) During the sixty (60) day period described in subsection (b) of this section, provided

for in § 39-12.1-9(a), should the last registered and/or legal owner receive actual notice containing

the items referred to in subsection (a) of this section, the certificated tower may proceed with lien

foreclosure procedures set forth in this chapter.

     (d) Notwithstanding the fact that the last registered owner of the vehicle proves that the

vehicle has been sold to another owner but that the registration has not been transferred, the last

registered owner shall remain primarily liable to the certificated tower for all charges incurred for

towing and storage charges less whatever proceeds are realized at the foreclosure sale.

     (e) In the event it shall be determined that failure to locate the last registered and/or legal

owner and/or lienholders was caused by any misinformation furnished by any agency of

government, or because of lack of information which a government agency has the legal duty to

provide, and providing that the certificated tower shall have exercised its best efforts to locate the

last registered and/or legal owner and/or lienholders, the certificated tower shall be absolved of any

civil duty to the lawful owner of the vehicle, and shall have complete defense against any criminal

charges growing out of the disposal of the vehicle as provided in this section. In this regard, a

certificated tower shall rely on the performance of law enforcement to comply with statutes dealing

with the reporting of vehicles reported stolen. In addition, proof by the certificated tower of having

made inquiry of the appropriate registry in the state in which the vehicle is registered in the manner

required by the registry shall constitute best efforts.

     39-12.1-13. Form of notice.

     TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDER)

     You are hereby given notice that a ____________ (year, make, and model of vehicle) serial

number ____________, is being stored at ____________ (name, address and telephone number of

storage facility). The vehicle is in the possession of ____________ (name, address and telephone

number of certificated tower), having been towed at the direction of __________ (name of police

department or person ordering tow) because ____________ (reason for tow).

     You are given notice that recovery, towing, and storage charges, for which the registered

and/or legal owner is liable, are accruing and that ________ (tower's name, address and telephone

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number) has claimed a possessory lien, pursuant to § 39-12.1-6, for the charges. You may take

possession of the vehicle at any time during regular business hours by appearing with a police

release, if required, and payment of all charges accrued to date of retaking.

     If you claim that the original towing was improper or not legally justified you may contest

the towing by filing a complaint within ten (10) days from the date of this notice with the public

utilities commission, provided that security in an amount and form complaint satisfactory to the

public utilities commission is posted with the filing of the complaint.

     You are further given notice that if you fail to file a complaint or fail to retake possession

of the vehicle, the vehicle will be sold at public auction and the proceeds of the sale will be first

applied to recovery, towing, and storage charges with any excess to be deposited with the public

utilities commission to be held in an account for the registered or legal owner or entitled lienholders

as provided for in § 39-12.1-9(d)(3).

     You are further given notice that any recovery, towing and storage charges in excess of the

sale proceeds shall remain as a civil obligation of the owner.

      _________________________________________

      _________________________________________

      (Name and address of certificated tower or attorney)

     SECTION 7. Section 39-14-22 of the General Laws in Chapter 39-14 entitled “Taxicabs

and Limited Public Motor Vehicles” is hereby amended to read as follows:

     39-14-22. Enforcement of provisions.

     The administrator of the division of motor vehicles shall enforce the provisions of §§ 39-

14-18, 39-14-19, 39-14-20(a), and 39-14-21, and 39-14-22.

     SECTION 8. Section 39-14.2-1, 39-14.2-4 and 39-14.2-7 of the General Laws in Chapter

39-14.2 entitled “Transportation Network Company Services” are hereby amended to read as

follows:

     39-14.2-1. Definitions.

     Terms in this chapter shall be construed as follows, unless another meaning is expressed

or is clearly apparent from the language or context:

     (1) "Active TNC driver" means a TNC driver who has provided at least one prearranged

ride through the TNC in the preceding ninety (90) days.

     (2) "Administrator" means the administrator of the division of public utilities and carriers.

     (3) "Digital network" means any online-enabled technology application service, website,

or system offered or utilized by a transportation network company that enables the prearrangement

of rider transportation with transportation network company drivers.

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     (4) "Division" means the division of public utilities and carriers.

     (5) "Partner" or "partnering" means the act of a TNC operator agreeing to the terms and

conditions set forth by a TNC for access to the TNC's digital network for the purpose of being

connected to potential TNC riders seeking TNC services.

     (6) "Person" means and includes any individual, partnership, corporation, or other

association of individuals.

     (7) "Personal vehicle" means a vehicle that is used by a transportation network company

driver and is:

     (i) Designed to hold no more than seven (7) individuals, including the driver;

     (ii) Owned, leased, or otherwise authorized for use by the individual; and

     (iii) Not a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as

defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; or a common carrier as

defined in title 39.

     (8) "Transportation network company" or "TNC" means an entity licensed by the division

pursuant to this chapter that uses a digital network to connect transportation network company

riders to transportation network operators who provide prearranged rides. A transportation network

company shall not be deemed to control, direct, or manage the personal vehicles or transportation

network company drivers that connect to its digital network, except where agreed to by written

contract.

     (9) "Transportation network company affiliation placard" or "TNC affiliation placard"

means a recognizable logo or decal issued by the TNC used to identify personal vehicles whenever

such a vehicle is available to provide, or is providing, TNC services.

     (10) "Transportation network company operator" or "TNC operator" or "TNC driver"

means an individual who:

     (i) Receives connections to potential riders and related services from a transportation

network company in exchange for payment of a fee to the transportation network company; and

     (ii) Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon

connection through a digital network controlled by a transportation network company in exchange

for compensation or payment of a fee.

     (11) "Transportation network company (TNC) rider" or "TNC rider" means an individual

or persons a person who uses a transportation network company's digital network to connect with

a transportation network driver who provides prearranged rides to the rider in the driver's personal

vehicle between points chosen by the rider.

     (12) "Transportation network company services" or "prearranged ride" means the provision

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of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts a TNC

rider's request for a ride made only through a digital network controlled by a transportation network

company (TNC), continuing while the TNC driver transports the requesting TNC rider(s), and

ending when the last requesting TNC rider(s) departs from the personal vehicle. TNC services and

prearranged rides do not include transportation provided using a jitney, as defined in § 39-13-1; a

taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined

in § 39-14.1-1; a common carrier as defined in title 39, or a regional transportation provider. TNC

services and prearranged rides do not include a shared-expense carpool or vanpool arrangement or

service.

     39-14.2-4. Audit procedures.

     (a) For the sole purpose of verifying that a TNC is in compliance with the requirements of

this chapter and no more often than annually, the division shall have the right to visually inspect a

sample of records that the TNC is required to maintain. The sample shall be chosen randomly by

the division in a manner agreeable to both parties. The audit shall take place at a mutually agreed

upon location in Rhode Island. Any record furnished to the division may exclude information that

would tend to identify specific drivers or riders.

     (b) In addition to the provisions of subsection (a), in response to a specific complaint

against any TNC driver, or upon reasonable suspicion that a violation of this chapter has occurred,

the division is authorized to inspect records held by the TNC that are necessary to investigate and

resolve the complaint. Any record furnished to the division and may exclude information that

would tend to identify specific drivers or riders, unless the identity of a driver or rider is relevant

to the complaint.

     (c) Any records inspected by the division under this chapter shall be held confidential by

the division and are not subject to disclosure to a third party by the division without prior written

consent of the TNC, and are exempt from disclosure under the Rhode Island Access to Public

Records Act, chapter 2 of title 38. Nothing in this section shall be construed as limiting the

applicability of any other exemptions under the Rhode Island Access to Public Records Act, chapter

2 of title 38.

     39-14.2-7. Transportation network company operators or TNC operators, TNC

drivers.

     (a) No individual shall provide TNC services or transport TNC riders in a personal vehicle

until the individual shall have first submitted to required, periodic background checks conducted

through the TNC in accordance with subsection (b).

     (b) Prior to permitting an individual to accept trip requests through its digital network, a

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TNC shall:

     (1) Require the individual to submit an application to the TNC. The application shall

include the individual's name; address; age; driver's license number; photocopy or electronic copy

of the driver's license; motor-vehicle registration for the personal vehicle that the individual intends

to use to provide prearranged rides; automobile liability insurance; and other information as may

be required by the TNC.

     (2) Conduct, or have a third party accredited by the National Association of Professional

Background Screeners conduct, a local and national criminal background check for each applicant

that shall include:

     (i) Multi-state/multi-jurisdictional criminal records locator or other similar commercial

nationwide database with validation (primary source search); and

     (ii) Dru Sjodin National Sex Offender Public Website; and

     (3) Obtain and review, or have a third party obtain and review, a driving history research

report for such driving applicant.

     (c) The TNC shall certify that the required background checks verify that the applicant

meets the following criteria:

     (1) Has not had more than three (3) moving violations in the prior three-year (3) period, or

one of the following major violations in the prior three-year (3) period:

     (i) Attempting to evade the police;

     (ii) Reckless driving or driving on a suspended; or ;

     (iii) Driving on a suspended license; or

     (iii)(iv) Revoked license;.

     (2) Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to

any of the following:

     (i) Driving under the influence of drugs or alcohol;

     (ii) Felony fraud;

     (iii) Sexual offenses;

     (iv) Use of a motor vehicle to commit a felony;

     (v) Felony crimes involving property damage and/or theft; or

     (vi) Acts of violence or felony acts of terror;

     (3) Is not a match in the Dru Sjodin National Sex Offender Public Website;

     (4) Possesses a valid driver's license;

     (5) Possesses proof of registration for the motor vehicle to be used to provide prearranged

rides or TNC services;

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     (6) Possesses proof of automobile liability insurance, that satisfies the financial-

responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A), for the motor vehicle(s)

to be used to provide prearranged rides or TNC services; and

     (7) Is at least nineteen (19) years of age.

     (d) TNC operators may be affiliated with or may "partner" with more than one properly

permitted transportation network company to provide TNC services.

     SECTION 9. Section 39-16-1 of the General Laws in Chapter 39-16 entitled “Kent County

Water District” is hereby amended to read as follows:

     39-16-1. Definitions.

     As used in this chapter the following definitions shall apply:

     (a)(1) "Authority" means the corporation created by § 39-16-3.

     (b)(2) "Board" means the members of the authority.

     (c)(3) "Bonds" means the bonds, notes, or other obligations issued by the authority pursuant

to this chapter.

     (d)(4) "District" means the Kent County water district.

     (e)(5) "Property" means any or all of the properties of any water supply and distribution

system or part thereof, including plants, works, and instrumentalities, and all properties used or

useful in connection therewith, and all parts thereof and all appurtenances thereto, including lands,

easements, rights in land and water rights, rights-of-way, contract rights, franchises, approaches,

connections, dams, reservoirs, water mains and pipelines, pumping stations and equipment, or any

other property incidental to and included in the system or part thereof situated within or without

the district.

     (f)(6) "Treasurer" means the treasurer of the authority.

     SECTION 10. Sections 39-18-4.1 and 39-18-9 of the General Laws in Chapter 39-18

entitled “Rhode Island Public Transit Authority” are hereby amended to read as follows:

     39-18-4.1. Health and safety of passengers.

     (a) The authority shall have the power to establish reasonable rules of conduct for

passengers for the protection of the health and safety of passengers and employees of the authority.

The rules shall incorporate the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C.

§ 12101 et seq., and § 28-5.1-7, chapter 28 of title 11 and chapter 87 of title 42 and be promulgated

in accordance with the provisions of chapter 35 of title 42.

     (b) All controversies arising out of application of any provision of this section shall be

determined by the general manager or his or her designated hearing officer, who shall afford a

hearing to the passenger and/or his or her parent or guardian, and, after hearing, shall render a

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written decision. The decision of the general manager or hearing officer shall be final except that

the passenger aggrieved by the decision shall have a right of appeal to the superior court, which

shall affirm the decision unless it is clearly erroneous or contrary to law. The hearing shall be

conducted in accordance with the provisions of chapter 35 of title 42.

     (c) Notice shall be provided to the RIde funding agency or agencies for any hearing

regarding their client/passengers on RIde vehicles. A representative of the RIde funding agency or

agencies may attend the hearing. The general manager or hearing officer will consider the

recommendation of the RIde funding agency's representative in rendering his/her decision.

     (d) The decision of the general manager or hearing officer may include:

     (1) Refusing to transport a person whose violation of the rules of the authority threatens

the health and safety of passengers or employees of the authority, for a period not to exceed six (6)

months; and/or

     (2) Revoking a passenger's ticket, pass, or other fare medium, regardless of the number of

trips or time period for which the ticket, pass, or other fare medium is valid, if the passenger's

continued presence on an authority vehicle or at an authority facility threatens the health or safety

of the authority's other passengers or employees. The authority shall within a reasonable time after

such a revocation, refund to the passenger the unused value of the ticket, pass, or other fare medium.

     (e) Nothing under this section precludes any other action permitted by law.

     (f) All RIde buses shall be installed with passenger security cameras when federal funds

become available for this purpose.

     (g) Any person seeking employment as a RIde bus driver shall undergo a criminal

background check to be initiated prior to or within one week of employment. All employees hired

prior to the enactment of this subsection shall be exempted from its requirements.

     (1) The applicant shall apply to the bureau of criminal identification (BCI), department of

attorney general, state police or local police department where he or she resides, for a statewide

criminal records check. Fingerprinting shall not be required. Upon the discovery of any

disqualifying information as defined in § 23-17-37, the bureau of criminal identification, of the

state police, or the local police department will inform the applicant, in writing, of the nature of the

disqualifying information; and, without disclosing the nature of the disqualifying information, will

notify the employer, in writing, that disqualifying information has been discovered.

     (2) An individual against whom disqualifying information has been found may request that

a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the ability of the individual to drive a RIde bus. In those situations in which no

disqualifying information has been found, the bureau of criminal identification, state police, or local

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police department shall inform the applicant and the employer in writing of this fact.

     (3) The criminal record check requirements of this section shall apply only to persons

seeking to drive RIde buses.

     39-18-9. Revenues.

     The authority is hereby authorized and empowered to fix and revise from time to time, such

schedules of service and such rates of fare and charges for service furnished or operated as it

determines to be reasonable. The schedules of service, rates of fare, and charges for service shall

not be subject to supervision or regulation by any commission, board, bureau, or agency of the state

or of any municipality or other political subdivision of the state; except as provided in § 39-18-4.

Provided, however, if there are any changes in frequency of services of more than fifteen percent

(15%), providers of service, rates of service, other than system wide changes, and charges for

service shall be presented for comment in at least one public hearing scheduled in an accessible

location in each county affected, and the hearing shall be scheduled in two (2) sessions, one during

daytime business hours and one during evening hours. The revenues derived from the authority's

operations and any other funds or property received or to be received by the authority (including,

without limitation, any funds or other property received or to be received by the authority pursuant

to § 39-18-4(a)(10)), in whole or in part, at any time and from time to time, may be pledged to, and

charged with, the payment of the principal of and the interest on some or all of the authority's bonds

as provided for in the resolution authorizing the issuance of the bonds or in the trust agreement

securing the bonds. The pledge shall be valid and binding from the time when the pledge is made;

the revenues, funds, or other property so pledged, and thereafter received by the authority, shall

immediately be subject to the lien of the pledge without any physical delivery thereof or further

act, and the lien of any pledge shall be valid and binding as against all parties having claims of any

kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have

notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be

filed or recorded except in the records of the authority.

     SECTION 11. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled

“Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as

follows”

     39-18.1-5. Allocation of funds.

     (a) The monies in the highway maintenance fund to be directed to the department of

transportation pursuant to subsection (a)(1) § 39-18.1-4(b)(1) – (b)(3) of this section shall be

allocated through the transportation improvement program process to provide the state match for

federal transportation funds, in place of borrowing, as approved by the state planning council. The

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expenditure of moneys in the highway maintenance fund shall only be authorized for projects that

appear in the state's transportation improvement program.

     (b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the

department of transportation will allocate necessary funding to programs that are designed to

eliminate structural deficiencies of the state's bridge, road, and maintenance systems and

infrastructure.

     (c) Provided, further, that beginning July 1, 2015, five percent (5%) of available proceeds

in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island

public transit authority for operating expenditures.

     (d) Provided, further, that from July 1, 2017, and annually thereafter, in addition to the

amount above, the Rhode Island public transit authority shall receive an amount of not less than

five million dollars ($5,000,000) each fiscal year.

     (e) Provided, further, that the Rhode Island public transit authority shall convene a

coordinating council consisting of those state agencies responsible for meeting the needs of low-

income seniors and persons with disabilities, along with those stakeholders that the authority deems

appropriate and are necessary to inform, develop, and implement the federally required

Coordinated Public Transit Human Services Transportation Plan.

     The council shall develop, as part of the state's federally required plan, recommendations

for the appropriate and sustainable funding of the free-fare program for low-income seniors and

persons with disabilities, while maximizing the use of federal funds available to support the

transportation needs of this population.

     The council shall report these recommendations to the governor, the speaker of the house

of representatives, and the president of the senate no later than November 1, 2018.

     SECTION 12. Section 39-21-10 of the General Laws in Chapter 39-21 entitled “E-911

Uniform Emergency Telephone System Division” is hereby amended to read as follows:

     39-21-10. Appropriation of revenues.

     With the exception of money received by the division from the sale or licensing of

communications and educational materials regarding the use of 911 as a uniform emergency

telephone number and system, all money received by the division for the use of the facilities of the

project shall be paid over to the general treasurer and by him or her deposited in the fund. All

money in the fund is hereby appropriated by the provisions of the chapter to be expended by the

division for administration and all expenses relating to the planning, construction, equipping,

operational operation, and maintenance of the project; and the state controller is hereby

authorized and directed to draw his or her orders upon the general treasurer for the payment of such

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sum or sums as may be necessary from time to time. All money received by the division for the

sale or licensing of communications and educational materials as described in this chapter shall be

deposited into a separate account or fund by the general treasurer for the sole restricted purpose of

financially supporting the creation, distribution, and use of public educational materials regarding

the use of 911 as a uniform emergency telephone number and system. For these purposes, the state

controller is hereby authorized and directed to draw his or her orders upon the general treasurer for

the payment of such sum or sums as may be necessary from time to time as determined by the

associate director or his or her designee.

     SECTION 13. Section 39-21.1-4 and 39-21.1-16 of the General Laws in Chapter 39-21.1

entitled “911 Emergency Telephone Number Act” are hereby amended to read as follows:

     39-21.1-4. Confidentiality.

     Automatic number identification (ANI) and automatic location identification (ALI)

information that consists of the name, address, and telephone numbers of telephone subscribers

shall be confidential. Dissemination of the information contained in the 911 automatic number and

automatic location data base is prohibited except for the following purposes:

     (1) The information will be provided to the public safety answering point (PSAP) on a call-

by-call basis only for the purpose of handling emergency calls, or for training and any permanent

record of the information shall be secured by the public safety answering points and disposed of in

a manner which will retain that security except as otherwise required by applicable law.

     (2) All telephone calls and telephone call transmissions received pursuant to this chapter

and all tapes containing records of telephone calls shall remain confidential and used only for the

purpose of handling emergency calls and for public safety purposes as may be needed for law

enforcement, fire, medical, rescue or other emergency services. The calls shall not be released to

any other parties without the written consent of the person whose voice is recorded, or upon order

of the court.

     (3) The ALI -- ANI Database may be provided to all city, state and town emergency

management agencies, fire departments and police departments of the state of Rhode Island for the

purposes of, and restricted to, establishing systems of emergency public warning. ALI -- ANI

Database shall be defined as automatic location identification and automatic number identification

information identifying the land-line telephone numbers and addresses (but shall not include the

names, whether listed, unlisted or unpublished) of subscribers to telephone common carrier services

in the state.

     (4) Telephone numbers, including listed, unlisted and unpublished numbers, and street

numbers and addresses (excluding individual names), if contained within the Rhode Island E-911

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ALI -- ANI Database, may be provided by Rhode Island E-911, on a reasonable basis as determined

by Rhode Island E-911 to city, state and town emergency management agencies, fire departments

and police departments for the sole purpose of allowing individual city, state or town emergency

management agency, fire department, and/or police department to warn local residents of imminent

and significant threats to public safety.

     (5) The city or town local emergency warning system ALI -- ANI Database shall be located

in a restricted access and secured facility located within the local emergency management office,

fire department and/or police department. Additionally the local emergency warning system ALI -

- ANI Database shall be secure from unauthorized access and shall be accessible only by the city

or town emergency management director, fire chief or police chief and no more than three (3)

department members (who shall be known as emergency warning officers) appointed in writing by

the respective department director or chief with a copy of the appointment which includes the name,

title, and duration of appointment sent to Rhode Island E-911. The activation of the local emergency

warning system can only be approved and authorized by the department director or chief or his/her

authorized emergency warning officer. Any any access to the local ALI -- ANI data base shall be

documented by use of a secure electronic log that records such access and which shall be maintained

for a period of no less than twelve (12) months. Any unauthorized and/or inappropriate access of

the local emergency warning system ALI -- ANI Database is to be reported immediately in writing

to Rhode Island E-911.

     (6) A violation of the provisions of this section shall be a criminal offense punishable by

up to one year imprisonment and/or a fine not to exceed one thousand dollars ($1,000).

     39-21.1-16. Providing false information.

     No person shall call or otherwise cause the number nine-one-one (911) to be called for the

purpose of knowingly making a false alarm or complaint or reporting false information which could

result in the dispatch of emergency services from any public agency as defined in § 39-21.1-3(6)

39-21.1-3(7) of this chapter. Any person violating the provisions of this section, upon conviction,

shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars

($1,000) or imprisonment for a term not exceeding one year or both.

     SECTION 14. Sections 39-21.2-3, 39-21.2-4 and 39-21.2-5 of the General Laws in Chapter

39-21.2 entitled “Prepaid Wireless E911 Charge Act” are hereby amended to read as follows:

     39-21.2-3. Definitions.

     For purposes of this chapter, the following terms shall have the following meanings:

     (1) "Consumer" means a person who purchase purchases prepaid wireless

telecommunications service in a retail transaction.

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     (2) "Division" means the division of taxation.

     (3) "Prepaid wireless charge" means the charge that is required to be collected by a seller

from a consumer in the amount established under § 39-21.2-4.

     (4) "Prepaid wireless telecommunications service" means a wireless telecommunications

service that allows a caller to dial 911 to access the 911 system, which service must be paid for in

advance and is sold in predetermined units or dollars of which the number declines with use in a

known amount.

     (5) "Provider" means a person that provides prepaid wireless telecommunications service

pursuant to a license issued by the Federal Communications Commission.

     (6) "Retail transaction" means the purchase of prepaid wireless telecommunications service

from a seller for any purpose other than resale.

     (7) "Seller" means a person who sells prepaid wireless telecommunications service to

another person.

     (8) "Wireless telecommunications service" means commercial mobile radio service as

defined by section 20.3 of title 47 of the code of Federal Regulations, as amended.

     39-21.2-4. E-911 surcharge.

     (a) Amount of charge. The prepaid wireless E-911 charge is hereby levied at the rate of

two and one-half percent (2.5%) per retail transaction or, on and after the effective date of an

adjusted amount per retail transaction that is established under subsection (f) of this section,

such adjusted amount.

     (b) Collection of charge. The prepaid wireless charge shall be collected by the seller from

the consumer with respect to each retail transaction occurring in this state. The amount of the

prepaid wireless charge shall be either separately stated on an invoice, receipt, or other similar

document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

     (c) Application of charge. For purposes of subsection (b) of this section, a retail transaction

that is effected in person by a consumer at a business location of the seller shall be treated as

occurring in this state if that business location is in this state, and any other retail transaction shall

be treated as occurring in this state if the retail transaction is treated as occurring in this state for

purposes of chapter 18 of title 44.

     (d) Liability for charge. The prepaid wireless charge is the liability of the consumer and

not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless

charges that the seller collects from consumers as provided in § 39-21.2-5, including all such

charges that the seller is deemed to collect where the amount of the charge has not been separately

stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

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     (e) Exclusion of charge from base of other taxes and fees. The amount of the prepaid

wireless charge that is collected by a seller from a consumer, if such amount is separately stated on

an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be

included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this

state, any political subdivision of this state, or any intergovernmental agency, including, but not

limited to, the tax imposed under chapter 18 of title 44 nor be included within the telephone

common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44.

     (f) [Deleted by P.L. 2019, ch. 88, art. 2, § 9].

     (g) Bundled transactions. When prepaid wireless telecommunications service is sold with

one or more other products or services for a single, non-itemized price, then the percentage

specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the

seller elects to apply such percentage (1) If the amount of prepaid wireless telecommunications

service is disclosed to the consumer as a dollar amount, such dollar amount, or (2) If the retailer

can identify the portion of the price that is attributable to the prepaid wireless telecommunications

service, by reasonable and verifiable standards from its books and records that are kept in the

regular course of business for other purposes, including, but not limited to, non-tax purposes, such

portion.

     However, if a minimal amount of prepaid wireless telecommunications service is sold with

a prepaid wireless device for a single, non-itemized price, then the seller may elect not to apply the

percentage specified in subsection (a) of this section to such transaction. For purposes of this

paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or

less, is minimal.

     39-21.2-5. Administration of E-911 charge.

     (a) Time and manner of payment. Prepaid wireless E-911 charges collected by sellers shall

be remitted to the division at the times and in the manner provided by the streamlined sales and use

tax as described in § 44-18.1-34. The division shall establish registration and payment procedures

that substantially coincide with the registration and payment procedures that apply to the

streamlined sales and use tax.

     (b) Seller administrative deduction. A seller shall be permitted to deduct and retain one

percent (1%) of prepaid wireless E-911 charges that are collected by the seller from consumers.

     (c) Audit and appeal procedures. The audit and appeal procedures applicable to sales and

use tax under § 44-19-18 of the general laws chapter 19 of title 44 shall apply to prepaid wireless

E-911 charges.

     (d) Exemption documentation. The division shall establish procedures by which a seller of

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prepaid wireless telecommunications service may document that a sale is not a retail transaction,

which procedures shall substantially coincide with the procedures form for documenting sale for

resale transactions for sales tax purposes under § 44-19-18 44-18-25.

     (e) All E-911 fees collected pursuant to this section shall be deposited in a restricted-receipt

account and used solely for the operation of the E-911 uniform emergency telephone system.

     SECTION 15. Section 39-23-2 of the General Laws in Chapter 39-23 entitled “Adaptive

telephone Equipment Loan Program Committee” is hereby amended to read as follows:

     39-23-2. Duties.

     The duties of the committee shall include but not be limited to advising on the

implementation of the telecommunications device for the impaired distribution program authorized

by § 39-1-42(a)(ii) 39-1-42(a)(2), and providing periodic review of activities, policies, regulations,

procedures, programs, and operation of the program.

     SECTION 16. Section 39-26-2 in Chapter 39-26 entitled “Renewable Energy Standard” is

hereby amended to read as follows:

     39-26-2. Definitions.

     When used in this chapter:

     (1) "Alternative compliance payment" means a payment to the Renewable Energy

Development Fund of fifty dollars ($50.00) per megawatt-hour of renewable energy obligation, in

2003 dollars, adjusted annually up or down by the consumer price index, which may be made in

lieu of standard means of compliance with this statute;

     (2) "Commission" means the Rhode Island public utilities commission;

     (3) "Compliance year" means a calendar year beginning January 1 and ending December

31, for which an obligated entity must demonstrate that it has met the requirements of this statute;

     (4) "Customer-sited generation facility" means a generation unit that is interconnected on

the end-use customer's side of the retail electricity meter in such a manner that it displaces all or

part of the metered consumption of the end-use customer;

     (5) "Electrical energy product" means an electrical energy offering, including, but not

limited to, last resort and standard offer service, that can be distinguished by its generation attributes

or other characteristics, and that is offered for sale by an obligated entity to end-use customers;

     (6) "Eligible biomass fuel" means fuel sources including brush, stumps, lumber ends and

trimmings, wood pallets, bark, wood chips, shavings, slash and other clean wood that is not mixed

with other solid wastes; agricultural waste, food and vegetative material; energy crops; landfill

methane; biogas; or neat bio-diesel and other neat liquid fuels that are derived from such fuel

sources;

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     (7) "Eligible renewable energy resource" means resources as defined in § 39-26-5;

     (8) "End-use customer" means a person or entity in Rhode Island that purchases electrical

energy at retail from an obligated entity;

     (9) "Existing renewable energy resources" means generation units using eligible renewable

energy resources and first going into commercial operation before December 31, 1997;

     (10) "Generation attributes" means the nonprice characteristics of the electrical energy

output of a generation unit including, but not limited to, the unit's fuel type, emissions, vintage and

policy eligibility;

     (11) "Generation unit" means a facility that converts a fuel or an energy resource into

electrical energy;

     (12) "NE-GIS" means the generation information system operated by NEPOOL, its

designee or successor entity, which includes a generation information database and certificate

system, and that accounts for the generation attributes of electrical energy consumed within

NEPOOL;

     (13) "NE-GIS certificate" means an electronic record produced by the NE-GIS that

identifies the relevant generation attributes of each megawatt-hour accounted for in the NE-GIS;

     (14) "NEPOOL" means the New England Power Pool or its successor;

     (15) "New renewable energy resources" means generation units using eligible renewable

energy resources and first going into commercial operation after December 31, 1997; or the

incremental output of generation units using eligible renewable energy resources that have

demonstrably increased generation in excess of ten percent (10%) using eligible renewable energy

resources through capital investments made after December 31, 1997; but in no case involve any

new impoundment or diversion of water with an average salinity of twenty (20) parts per thousand

or less;

     (16) "Obligated entity" means a person or entity that sells electrical energy to end-use

customers in Rhode Island, including, but not limited to: nonregulated power producers and electric

utility distribution companies, as defined in § 39-1-2, supplying standard offer service, last resort

service, or any successor service to end-use customers; including Narragansett Electric, but not to

include Block Island Power Company as described in § 39-26-7 or Pascoag Utility District;

     (17) "Off-grid generation facility" means a generation unit that is not connected to a utility

transmission or distribution system;

     (18) "Reserved certificate" means a NE-GIS certificate sold independent of a transaction

involving electrical energy, pursuant to Rule 3.4 or a successor rule of the operating rules of the

NE-GIS;

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     (19) "Reserved certificate account" means a specially designated account established by an

obligated entity, pursuant to Rule 3.4 or a successor rule of the operating rules of the NE-GIS, for

transfer and retirement of reserved certificated from the NE-GIS;

     (20) "Self-generator" means an end-use customer in Rhode Island that displaces all or part

of its retail electricity consumption, as metered by the distribution utility to which it interconnects,

through the use of a customer-sited generation facility, and the ownership of any such facility shall

not be considered an obligated entity as a result of any such ownership arrangement;

     (21) "Small hydro facility" means a facility employing one or more hydroelectric turbine

generators and with an aggregate capacity not exceeding thirty (30) megawatts. For purposes of

this definition, "facility" shall be defined in a manner consistent with Title 18 of the Code of Federal

Regulations, section 92.201 et seq.; provided, however, that the size of the facility is limited to

thirty (30) megawatts, rather than eighty (80) megawatts.

     (22) "Renewable energy resource" means any one or more of the renewable energy

resources described in subsection 39-26-5(a) of this chapter.

     SECTION 17. Sections 39-26.1-7 and 39-26.1-9 of the General Laws in Chapter 39-26.1

entitled “Long – Term Contracting Standard for Renewable Energy” are hereby amended to read

as follows:

     39-26.1-7. Town of New Shoreham Project.

     (a) The general assembly finds it is in the public interest for the state to facilitate the

construction of a small-scale offshore wind demonstration project off the coast of Block Island,

including an undersea transmission cable that interconnects Block Island to the mainland in order

to: position the state to take advantage of the economic development benefits of the emerging

offshore wind industry; promote the development of renewable energy sources that increase the

nation's energy independence from foreign sources of fossil fuels; reduce the adverse

environmental and health impacts of traditional fossil fuel energy sources; and provide the Town

of New Shoreham with an electrical connection to the mainland. To effectuate these goals, and

notwithstanding any other provisions of the general or public laws to the contrary, the Town of

New Shoreham project, its associated power purchase agreement, transmission arrangements, and

related costs are authorized pursuant to the process and standards contained in this section. The

Narragansett Electric Company is hereby authorized to enter into an amended power purchase

agreement with the developer of offshore wind for the purchase of energy, capacity, and any other

environmental and market attributes, on terms that are consistent with the power purchase

agreement that was filed with the commission on December 9, 2009 in docket 4111, and

amendments changing dates and deadlines, provided that the pricing terms of such agreement are

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amended as more fully described in subsection 39-26.1-7(e) of this section, in addition to other

amendments that are made to take into account the provisions of this section as amended since the

filing of the agreement in docket 4111. Any amendments shall ensure that the pricing can only be

lower, and never exceed, the original pricing included in the power purchase agreement that was

reviewed in docket 4111. The demonstration project subject to the amended power purchase

agreement shall include up to (but not exceeding) eight (8) wind turbines with aggregate nameplate

capacity of no more than thirty (30) megawatts, even if the actual capacity factor of the project

results in the project technically exceeding ten (10) megawatts.

     (b) The amended power purchase agreement shall be filed with the Public Utilities

Commission. Upon the filing of the amended power purchase agreement, the commission shall

open a new docket. The commission shall allow the parties to docket 4111 to become parties in the

new docket who may file testimony within fifteen (15) days of the filing of the amended agreement.

The commission shall allow other interventions on an expedited basis, provided they comply with

the commission standards for intervention. The developer shall provide funding for the economic

development corporation to hire an expert experienced in power markets, renewable energy project

financing, and power contracts who shall provide testimony regarding the terms and conditions of

the power purchase agreement to assist the commission in its review, provided that the developer

shall be precluded from influencing the choice of expert, which shall be in the sole discretion of

the economic development corporation. This testimony shall be filed within twenty (20) days after

the filing of the amended power purchase agreement. The parties shall have the right to respond to

the testimony of this expert through oral examination at the evidentiary hearings. The commission

shall hold one public comment hearing within five (5) days after the filing of the expert testimony.

Evidentiary hearings shall commence no later than thirty (30) days from the filing of the amended

power purchase agreement.

     (c) The commission shall review the amended power purchase agreement taking into

account the state's policy intention to facilitate the development of a small offshore wind project in

Rhode Island waters, while at the same time interconnecting Block Island to the mainland. The

commission shall review the amended power purchase agreement and shall approve it if:

     (i) The amended agreement contains terms and conditions that are commercially

reasonable;

     (ii) The amended agreement contains provisions that provide for a decrease in pricing if

savings can be achieved in the actual cost of the project pursuant to subsection 39-26.1-7(e) of this

section;

     (iii) The amended agreement is likely to provide economic development benefits,

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including: facilitating new and existing business expansion and the creation of new renewable

energy jobs; the further development of Quonset Business Park; and, increasing the training and

preparedness of the Rhode Island workforce to support renewable energy projects; and

     (iv) The amended power purchase agreement is likely to provide environmental benefits,

including the reduction of carbon emissions. An advisory opinion on the findings of economic

benefit set forth in (iii) above shall be provided by the Rhode Island economic development

corporation and an advisory opinion on the environmental benefits set forth in (iv) above shall be

filed by the Rhode Island department of environmental management. The advisory opinions shall

be filed with the commission within twenty (20) days of filing of the amended power purchase

agreement. The commission shall give substantial deference to the factual and policy conclusions

set forth in the advisory opinions in making the required findings. Notwithstanding any other

provisions of the general laws to the contrary, for the purposes of this section, "commercially

reasonable" shall mean terms and pricing that are reasonably consistent with what an experienced

power market analyst would expect to see for a project of a similar size, technology and location,

and meeting the policy goals in subsection (a) of this section.

     (d) The commission shall issue a written decision to accept or reject the amended power

purchase agreement, without conditions, no later than forty-five (45) days from the filing of the

amended power purchase agreement, without delay or extension of the timeframes contained in

this section. Any review of the commission's decision shall be according to chapter 5 of title 39,

and the supreme court shall advance any proceeding under this section so that the matter is afforded

precedence on the calendar and shall be heard and determined with as little delay as possible. The

provisions of § 39-26.1-4 and the provisions of subsections (b), (c), (d), and (f) of § 39-26.1-5 shall

apply, and all costs incurred in the negotiation, administration, enforcement, transmission

engineering associated with the design of the cable, and implementation of the project and

agreement shall be recovered annually by the electric distribution company in electric distribution

rates. The pricing under the agreement shall not have any precedential effect for purposes of

determining whether other long-term contracts entered into pursuant to this chapter are

commercially reasonable.

     (e) Cap and lower price. (i) The amended power purchase agreement subject to subsection

39-26.1-7(a) of this section shall provide for terms that shall decrease the pricing if savings can be

achieved in the actual cost of the project, with all realized savings allocated to the benefit of

ratepayers. (ii) The amended power purchase agreement shall also provide that the initial fixed

price contained in the signed power purchase agreement submitted in docket 4111 shall be the

maximum initial price, and any realized savings shall reduce such price. After making any such

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reduction to the initial price based on realized savings, the price for each year of the amended power

purchase agreement shall be fixed by the terms of said agreement. (iii) The amended power

purchase agreement shall require that the costs of the project shall be certified by the developer.

An independent third-party acceptable to the division of public utilities and carriers shall within

thirty (30) days of this certification by the developer, verify the accuracy of such costs at the

completion of the construction of the project. The reasonable costs of this verification, shall be paid

for by the developer. Upon receipt of such third-party verification, the division shall notify the

Narragansett Electric Company of the final costs. The public utilities commission shall reduce the

expense to ratepayers consistent with a verified reduction in the project costs.

     (f) The project shall include a transmission cable between the Town of New Shoreham and

the mainland of the state. The electric distribution company, at its option, may elect to own, operate,

or otherwise participate in such transmission cable project. The electric distribution company,

however, has the option to decline to own, operate, or otherwise participate in the transmission

cable project. The electric distribution company may elect to purchase the transmission cable and

related facilities from the developer or an affiliate of the developer, pursuant to the terms of a

transmission facilities facility’s purchase agreement negotiated between the electric distribution

company and the developer or its affiliate, an unexecuted copy of which shall be provided to the

division of public utilities and carriers for the division's consent to execution. The division shall

have twenty (20) days to review the agreement. If the division independently determines that the

terms and pricing of the agreement are reasonable, taking into account the intention of the

legislature to advance the project as a policy-making matter, the division shall provide its written

consent to the execution of the transmission facilities purchase agreement. Once written consent is

provided, the electric distribution company and its transmission affiliate are authorized to make a

filing with the federal energy regulatory commission to put into effect transmission rates to recover

all of the costs associated with the purchase of the transmission cable and related facilities and the

annual operation and maintenance. The revenue requirement for the annual cable costs shall be

calculated in the same manner that the revenue requirement is calculated for other transmission

facilities in Rhode Island for local network service under the jurisdiction of the federal energy

regulatory commission. The division shall be authorized to represent the State of Rhode Island in

those proceedings before the federal energy regulatory commission, including the authority to enter

into any settlement agreements on behalf of the state to implement the intention of this section. The

division shall support transmission rates and conditions that allow for the costs related to the

transmission cable and related facilities to be charged in transmission rates in a manner that

socializes the costs throughout Rhode Island. Should the electric distribution company own,

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operate, and maintain the cable, the annual costs incurred by the electric distribution company

directly or through transmission charges shall be recovered annually through a fully reconciling

rate adjustment from customers of the electric distribution company and/or from the Block Island

Power Company or its successor, subject to any federal approvals that may be required by law. The

allocation of the costs related to the transmission cable through transmission rates or otherwise

shall be structured so that the estimated impact on the typical residential customer bill for such

transmission costs for customers in the Town of New Shoreham shall be higher than the estimated

impact on the typical residential customer bill for customers on the mainland of the electric

distribution company. This higher charge for the customers in the Town of New Shoreham shall be

developed by allocating the actual cable costs based on the annual peak demands of the Block

Island Power Company and the electric distribution company, and these resultant costs recovered

in the per kWh charges of each company. In any event, the difference in the individual charge per

kWh or per customer/month shall not exceed the ratio of average demand to peak demand for Block

Island Power Company relative to the electric distribution company, currently at 1.8 to 1.0

respectively. To the extent that any state tariffs or rates must be put into effect in order to implement

the intention of this section, the public utilities commission shall accept filings of the same and

shall approve them.

     (g) Any charges incurred by the Block Island Power Company or its successor pursuant to

this section or other costs incurred by the Block Island Power Company in implementing this

section, including the cost of participation in regulatory proceedings in the state or at the federal

energy regulatory commission shall be recovered annually in rates through a fully reconciling rate

adjustment, subject to approval by the commission. If the electric distribution company owns,

operates, or otherwise participates in the transmission cable project, pursuant to subsection 39-26.1-

7(b) (f) of this section, the provisions of § 39-26.1-4 shall not apply to the cable cost portion of the

Town of New Shoreham Project.

     (h) Any contract entered into pursuant to this section shall count as part of the minimum

long-term contract capacity.

     (i) If the electric distribution company elects not to own the transmission cable, the

developer may elect to do so directly, through an affiliate, or a third-party and the power purchase

agreement pricing shall be adjusted to allow the developer, an affiliate or a third-party, to recover

the costs (including financing costs) of the transmission facilities, subject to complying with the

terms as set forth in the power purchase agreement between the developer and the electric

distribution company.

     39-26.1-9. Town of Johnston Project.

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     Notwithstanding any other provisions of this chapter to the contrary:

     (1) The Narragansett Electric Company is hereby authorized, at its sole discretion, to

procure a commercially reasonable long-term contract for a newly developed renewable energy

resource fueled by landfill gas from the central landfill in the town of Johnston on a timetable earlier

than is otherwise set forth in this chapter.

     (2) Any such contract executed on or before May 21, 2010 shall be legal, binding and

enforceable and shall not be subject to commission approval if:

     (i) Such resource has a gross nameplate capacity rating of less than thirty-seven (37)

megawatts; and

     (ii) Such contract is:

     (A) For a term not in excess of twenty (20) years; and

     (B) Contains such other terms and conditions as may be approved by the director of the

department of administration, such approval to be indicated by written confirmation of the director

delivered to an electric distribution company prior to such contract becoming effective.

     (3) The power purchase agreement shall be reviewed by the administrator of the division

of public utilities and carriers, the executive director of the Rhode Island economic development

corporation, the administrator of the office of energy resources, and the director of the department

of administration. Certified copies of the executed agreement shall be provided to each agency by

the Narragansett Electric Company and published on the website of the division of public utilities

and carriers for public inspection. Members of the public shall have fifteen (15) days to submit

written comments to the four (4) agencies for the respective agency consideration; however, no

evidentiary hearings shall be required.

     (4) Within thirty (30) days of receipt of the agreement each of the four (4) agencies in

subsection (c) (3) of this section shall issue a certification or decline certification in writing. Such

certifications or declinations shall be final and conclusive as a matter of law and not subject to

appeal. The respective certification determinations shall be made to the division of public utilities

and carriers as follows:

     (i) The administrator of the division of public utilities and carriers shall certify the

agreement if the administrator determines that the agreement is consistent with the provisions of

this chapter and this section;

     (ii) The executive director of the Rhode Island economic development corporation shall

certify the agreement if the executive director determines that the project encourages and facilitates

the creation of jobs in Rhode Island in the renewable energy sector;

     (iii) The administrator of the office of energy resources shall certify the agreement if the

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administrator determines that the agreement fulfills the declared policy of this chapter and this

section.

     (iv) The director of the department of administration shall certify the agreement if the

director determines that the contractual terms of the agreement are reasonable and in the best

interest of the state in accordance with this chapter and section.

     (5) Upon receipt of the certifications pursuant to subsection (d) (4) of this section, the

division shall review such certifications and confirm that each is in conformance with this section.

     (6) Within five (5) days of receipt of the certifications by the division, the division shall

file the agreement with the commission. Upon such filing, the agreement shall be deemed accepted

and fully enforceable.

     (7) If one or more of the certifications is not received by the division within the thirty (30)

day period thirty - day (30) period established by this section, the division shall, within fifteen

(15) days, consider the reasons, if any, provided by the agency not providing such certification and

the division shall, within such fifteen (15) day – day(15) period, make a final determination on the

question originally assigned to the non-certifying agency. If the division determines that,

notwithstanding the lack of certification from the non-certifying agency, such certification should

be issued, the division shall make such certification, which certification shall have the same effect

as if it had been made by the agency which first considered such question. If, in the case of a lack

of certification from an agency, the division determines that such certifications shall not be issued,

then the division shall not file the agreement with the commission and the agreement shall have no

effect.

     (8) The Narragansett Electric Company's act of having entered into this agreement and its

terms and pricing shall be deemed prudent for purposes of any future regulatory proceedings before

the commission and recovery of the costs incurred in making payments under the terms of the

agreement shall not be subject to challenge in any future commission proceedings. The provisions

of § 39-26.1-4 and the provisions of subsections (b), (c), (d), and (f) of § 39-26.1-5 shall apply, and

all costs incurred in, or savings resulting from, the administration and implementation of the

agreement shall be recovered annually by the electric distribution company and its customers in

electric distribution rates. Any contract entered into pursuant to this section shall count as part of

the minimum long-term contract capacity.

     (9) The electric distribution company shall be authorized upon appropriate notice and filing

with the commission, to allocate all products purchased under any power purchase agreements

entered into pursuant to chapter 39-26.1 of title 39 to its standard offer service customers at the

market price and to allocate any difference, whether positive or negative, between the costs of the

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power purchase agreement and the market price of the products purchased under the power

purchase agreement to all of its electric distribution customers.

     (10) The provisions of this section shall be severable from the other provisions of this

chapter, and shall remain in effect regardless of any judicial challenge to other sections of this

chapter.

     SECTION 18. Sections 39-26.2-3 and 39-26.2-11 of the General Laws in Chapter 39-26.2

entitled “Distributed Generation Standard Contracts” are hereby amended to read as follows:

     39-26.2-3. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) "Annual target" means the target for total renewable energy nameplate capacity of new

distributed generation standard contracts set out in § 39-26.2-3 39-26.2-4.

     (2) "Commission" means the Rhode Island public utilities commission.

     (3) "Board" shall mean the distributed generation standard contract board established

pursuant to the provisions of chapter 39-26.2-9 § 39-26.2-10, or the office of energy resources.

Until such time as the board is duly constituted, the office of energy resources shall serve as the

board with the same powers and duties pursuant to this chapter.

     (4) "Distributed generation contract capacity" means ten percent (10%) of an electric

distribution company's minimum long-term contract capacity under the long-term contracting

standard for renewable energy in § 39-26.1-2 39-26.1-3, inclusive of solar capacity. The distributed

generation contract capacity shall be reserved for acquisition by the electric distribution company

through standard contracts pursuant to the provisions of this chapter.

     (5) "Distributed generation facility" means an electrical generation facility that is a newly

developed renewable energy resource as defined in § 39-26.1-2, located in the electric distribution

company's load zone with a nameplate capacity no greater than five megawatts (5 MW), using

eligible renewable energy resources as defined by § 39-26-5, including biogas created as a result

of anaerobic digestion, but, specifically excluding all other listed eligible biomass fuels, and

connected to an electrical power system owned, controlled, or operated by the electric distribution

company.

     (6) "Distributed generation project" means a distinct installation of a distributed generation

facility. An installation will be considered distinct if it is installed in a different geographical

location and at a different time, or if it involves a different type of renewable energy class.

     (7) "Electric distribution company" means a company defined in subdivision 39-1-2(12),

supplying standard offer service, last resort service, or any successor service to end-use customers,

but not including the Block Island Power Company or the Pascoag Utility District.

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     (8) "Large distributed generation project" means a distributed generation project that has a

nameplate capacity that exceeds the size of a small distributed generation project in a given year,

but is no greater than three megawatts (3 MW) nameplate capacity.

     (9) "Office" means the Rhode Island office of energy resources.

     (10) "Program year" means a calendar year beginning January 1 and ending December 31.

     (11) "Renewable energy classes" means categories for different renewable energy

technologies using eligible renewable energy resources as defined by § 39-26-5. For each program

year, the board shall determine the renewable energy classes as are reasonably feasible for use in

meeting distributed generation objectives from renewable energy resources and are consistent with

the goal of meeting the annual target for the program year. For the program year ending December

31, 2012, there shall be at least four (4) technology classes and at least two (2) shall be for solar

generation technology, and at least one shall be for wind. The board may add, eliminate, or adjust

renewable energy classes for each program year with public notice given at least sixty (60) days

previous to any renewable energy class change becoming effective. For each program year, the

board shall set renewable energy class targets for each class established. Class targets are the total

program-year target amounts of nameplate capacity reserved for standard contracts for each

renewable energy class. The sum of all the class targets shall equal the annual target.

     (12) "Renewable energy credit" means a New England Generation Information System

renewable energy certificate as defined in subdivision 39-26-2(13);

     (13) "Small distributed generation project" means a distributed generation renewable

energy project that has a nameplate capacity within the following: Solar: fifty kilowatts (50 KW)

to five hundred kilowatts (500 KW); Wind: fifty kilowatts (50 KW) to one and one-half megawatts

(1.5 MW). For technologies other than solar and wind, the board shall set the nameplate capacity

size limits, but such limits may not exceed one megawatt. The board may lower the nameplate

capacity from year to year for any of these categories, but may not increase the capacity beyond

what is specified in this definition. In no case may a project developer be allowed to segment a

distributed generation project into smaller sized projects in order to fall under this definition.

     (14) "Standard contract" means a contract with a term of fifteen (15) years at a fixed rate

for the purchase of all capacity, energy, and attributes generated by a distributed generation facility.

A contract may have a different term if it is mutually agreed to by the seller and the electric

distribution company and it is approved by the commission. The terms of the standard contract for

each program year and for each renewable energy class shall be set pursuant to the provisions of

this chapter.

     (15) "Standard contract ceiling price" means the standard contract price for the output of a

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distributed generation facility which price is approved annually for each renewable energy class

pursuant to the procedure established in this chapter, for the purchase of energy, capacity,

renewable energy certificates, and all other environmental attributes and market products that are

available or may become available from the distributed generation facility.

     39-26.2-11. Composition and appointment.

     (a) The board shall consist of ten (10) members appointed by the governor with the advice

and consent of the senate; seven (7) members shall be voting members, and the governor shall give

due consideration to appointing persons with knowledge of: (1) Energy regulation and law; (2)