2022 -- H 7844

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LC005244

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

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

CARRIERS

     Introduced By: Representative Susan R. Donovan

     Date Introduced: March 04, 2022

     Referred To: House Corporations

     (Division of Public Utilities and Carriers)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-2-8 of the General Laws in Chapter 39-2 entitled "Duties of

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

     39-2-8. Penalty for violations.

     Any public utility which shall violate any provision of chapters 1 -- 5 of this title, or shall

do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it for which

a penalty has not been provided, shall be subject to a penalty of not less than two hundred dollars

($200) one thousand dollars ($1,000) nor more than one thousand dollars ($1,000) twenty-five

thousand dollars ($25,000), and in the case of a continuing violation of any of the provisions of the

chapters, every day's continuance thereof shall be deemed to be a separate and distinct offense.

     SECTION 2. Section 39-4-22 of the General Laws in Chapter 39-4 entitled "Hearings and

Investigations" is hereby amended to read as follows:

     39-4-22. Penalties for violations.

     Every public utility or water supplier pursuant to chapter 15.4 of title 46 [repealed], and all

officers and agents thereof, shall obey, observe, and comply with every order of the division made

under the authority of chapters 1 -- 5 of this title as long as the order shall be and remain in force.

Every public utility or water supplier that shall violate any of the provisions of the chapters or that

fails, omits, or neglects to obey, observe, or comply with any order of the division, shall be subject

to a penalty of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000)

for each and every offense. Every violation of the order shall be a separate and distinct offense and,

in case of a continuing violation, every day's continuance thereof shall be, and be deemed to be, a

separate and distinct offense.

     (a) Every officer, agent, or employee of a public utility or water supplier who shall violate

fail to obey, observe, and comply with any of the provisions of the chapters 1 through 5 of this title

or any division rule, regulation, or order, or who procures, aids, or abets any violation by any public

utility or water supplier, or who shall fail to obey, observe, or comply with any order of the division,

or any provision of an order of the division, or who procures, aids, or abets any public utility or

water supplier in its failure to obey, observe, or comply with any order or provision, shall be guilty

of a misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than five

hundred dollars ($500) one thousand dollars ($1,000). In construing and enforcing the provisions

of this section, the act, omission, or failure of any officer, agent, or other person acting for or

employed by any public utility or water supplier, acting within the scope of his or her employment,

shall in every case be deemed to be also the act, omission, or failure of the public utility or water

supplier.

     (b) The administrator may, in his or her discretion, in lieu of seeking criminal sanctions

provided in subsection (a) of this section, impose upon each public utility an administrative civil

penalty ("fine") for the failure to obey, observe, and comply with any of the provisions of chapters

1 through 5 of this title, or division rule, regulation or order.

     (1) Any public utility determined by the division to have failed to reasonably comply with

any provision of chapters 1 through 5 of this title, or division rule, regulation or order, shall forfeit

a sum not exceeding twenty-five thousand ($25,000) constituting a civil penalty for each and every

offense and, in the case of a continuing violation, each day shall be deemed a separate and distinct

offense.

     (2) Any payment made by a public utility as a result of an assessment as provided in this

section, and the cost of litigation and investigation related to any such assessment, shall not be

recoverable from ratepayers. All monies recovered pursuant to subsection (b) of this section,

together with the costs thereof, shall be remitted to, or for the benefit of, the ratepayers in a manner

to be determined by the division.

     (3) In construing and enforcing the provisions of this section relating to penalties, the act

of any director, officer, agent or employee of a public utility acting within the scope of his or her

official duties or employment shall be deemed to be the act of such public utility.

     (4) The penalties provided by this section are in addition to any other penalties or remedies

provided in law.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

CARRIERS

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     This act would increase penalties for violations of the duties of the utilities and carriers

chapter.

     This act would take effect upon passage.

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