2023 -- H 5035

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- WATER SUPPLY

     Introduced By: Representatives Perez, Batista, Vella-Wilkinson, Lima, Costantino, and
Cardillo

     Date Introduced: January 11, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-15-12 of the General Laws in Chapter 39-15 entitled "Water

Supply" is hereby amended to read as follows:

     39-15-12. Liability of landowner for water charges — Lien.

     The owner of any house, building, tenement, or estate shall be liable for the payment of the

price or rent or rates fixed by any town, city, or incorporated fire district or water district for the

use of water furnished by such town, city, fire district, or water district to the owner or occupant of

the house, building, tenement, or estate; and the price, rent, or rates shall be a lien upon the house,

building, tenement, and estate in the same way and manner as taxes assessed on real estate are

liens,; and, if not paid as required by the town, city, fire district, or water district, shall be collected

in the same manner that taxes assessed on real estate are by law collected; provided, however, that

the city of Cranston or any agency thereof may charge interest on delinquent payments at a rate of

not more than twelve percent (12%) per annum; provided, however, that the city of Woonsocket or

any agency thereof may charge interest on delinquent payments at a rate of not more than eighteen

percent (18%) per annum.

     SECTION 2. Section 44-9-3 of the General Laws in Chapter 44-9 entitled "Tax Sales" is

hereby amended to read as follows:

     44-9-3. Lien of fire district, lighting district, water district, sewer district and road

district.

     (a) All taxes, charges, assessments, assessed against any person in any fire district, water

district, sewer district, road district and lighting district within this state, pursuant to the act of

incorporation of the district, for either real or personal estate, shall constitute a lien upon that

person’s real estate in the district for the space of three (3) years after the assessment, and, if the

real estate is not alienated, then until the taxes or fees are collected.

     (b) Notwithstanding any rule, regulation, general or special law to the contrary, the

provisions of this tax sales chapter shall not be used to force the sale of real estate owned by persons

who owe any fire district, water district, sewer district, road district, or lighting district charges.

     SECTION 3. Section 46-25-22 of the General Laws in Chapter 46-25 entitled

"Narragansett Bay Commission" is hereby amended to read as follows:

     46-25-22. Payment of sewer user fees, charges and assessments.

     The commission shall proceed under the provisions of this chapter to collect the fees,

charges, and assessments from any person so assessed. Each person so assessed shall pay the fees,

charges, or assessments within the time frame prescribed by the rules and regulations of the

commission. The commission may collect the fees, charges, and assessments in the same manner

in which taxes are collected by municipalities, with no additional fees, charges, assessments, or

penalties other than those provided for in chapter 9 of title 44. Provided, however, that such fees,

charges and assessments against residential condominium occupants or residential condominium

associations shall be set at a residential rate and not at a business, commercial, or other rate. All

unpaid charges shall be a lien upon the real estate of the person.

     SECTION 4. 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 -- WATER SUPPLY

***

     This act would prevent the forced sale of real estate owned by persons who owe fire, water,

sewer, road or lighting district charges.

     This act would take effect upon passage.

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