2023 -- H 5364

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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 CRIMINAL OFFENSES -- PUBLIC UTILITIES

     

     Introduced By: Representatives Fogarty, Kazarian, Carson, Tanzi, Hull, Caldwell, and
Handy

     Date Introduced: February 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-35-4 of the General Laws in Chapter 11-35 entitled "Public

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Utilities" is hereby amended to read as follows:

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     11-35-4. Injuries to electric or communication lines.

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     (a) Every person who shall wantonly or willfully and maliciously cut, destroy, break down,

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or injure, or attempt to cut, destroy, break down, or injure any machine, appliance, or apparatus

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used for generating electric currents or any electric wire or other appliance or apparatus used for

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the purpose of conducting or transmitting electric currents for using and furnishing power, motive

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power, light, or heat, or used for the purpose of transmitting intelligence by means of telegraphic

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or telephonic apparatus or cellular tower or radio waves or by means of fire-alarm signals, burglar-

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alarm signals, police signals, railway signals, or other apparatus or appliance for the transmission

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of intelligence, or shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break

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down, or injure any pole, bracket, insulator or other device, apparatus, or appliance for supporting

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or carrying any electric wire, or shall do any other act interrupting or intended to interrupt the

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transmission of the electric current over any electric wire through the manual or electronic

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operation of a switching mechanism or by other means, shall be liable to indictment for it, and upon

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conviction shall be required to make restitution, and fined not exceeding three thousand dollars

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($3,000) fifty thousand dollars ($50,000) or imprisoned not exceeding two (2) years ten (10) years,

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or both; provided, that nothing in this section shall be construed to authorize or permit the

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attachment, erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket,

 

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insulator, or other device or appliance, upon the property of any person or corporation, without the

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consent of the owner or owners; nor to prevent any properly authorized person from removing any

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electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of

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permitting the passage of any building or structure, the moving of which has been duly authorized

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by any city or town council.

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     (b) Restitution, in addition to the cost for restoring operations, shall be owed to any third

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party who suffered economic harm as a result of the injuries to the electric and communication

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lines as provided for in this section.

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     SECTION 2. Section 46-13-16 of the General Laws in Chapter 46-13 entitled "Public

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Drinking Water Supply" is hereby amended to read as follows:

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     46-13-16. Penalties and remedies.

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     (a) It shall be the duty of any person to proceed diligently to comply with any order issued

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pursuant to this chapter. If that person fails to proceed diligently or fails to comply with the order

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within such time, if any, as may be specified, the order may be enforced by the superior court, upon

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application made by the director.

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     (b) Any person who willfully or negligently violates any provision of this chapter, any rule

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or regulation or order of the director, or any condition of any permit issued pursuant to the chapter

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is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five

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hundred dollars ($500) for each separate offense, or to imprisonment for a period of not more than

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one year, or both.

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     (c) In addition to proceeding under any other remedy available at law or in equity for a

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violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any

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term or condition of any permit issued pursuant to this chapter, the relevant director may assess a

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civil penalty upon a person for the violation. The penalty may be assessed whether or not the

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violation was willful or negligent. When the director assesses a civil penalty, he or she shall inform

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the person of the amount of the penalty. The person charged with the penalty shall then have thirty

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(30) days to pay the penalty in full or, if the person wishes to contest either the amount of the

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penalty or the fact of the violation, the person shall within the thirty (30) day period, file an appeal

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of the action with the director. Failure to appeal within thirty (30) days shall result in a waiver of

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all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty

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which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each

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violation. Each violation for each separate day and each violation of any provision of this chapter,

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any rule or regulation under this chapter, any order of the director, or any term or condition of a

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permit shall constitute a separate and distinct offense under this section.

 

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     (d) The penalties and remedies prescribed by this chapter shall be deemed concurrent and

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the existence of or exercise of any remedy shall not prevent the director from exercising any other

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remedy hereunder.

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     (e) Violations on separate days shall constitute separate offenses for purposes of this

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chapter.

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     (f) Any person who endangers the health of persons by knowingly introducing any

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contaminant into a public water supply system or tampering with a public water supply system

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shall be required to make restitution, and shall be fined not more than fifty thousand dollars

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($50,000), or imprisoned for not more than five (5) ten (10) years, or both.

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     (g) Any person who attempts to endanger or makes a threat to endanger the health of

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persons by knowingly introducing any contaminant into a public water supply system or tampering

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with a public water supply system shall be required to make restitution, and fined not more than

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twenty thousand dollars ($20,000), or imprisoned for not more than three (3) ten (10) years, or both.

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     (h) The director may bring a civil action in the superior court against any person who

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endangers, attempts to endanger, or makes a threat to endanger the health of persons, or otherwise

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renders the water unfit for human consumption, by the introduction of any contaminant into a public

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water supply system or tampering with a public water supply system. The court may impose on the

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person a civil penalty of not more than fifty thousand dollars ($50,000) for each day that the

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endangerment or inability to consume the water exists.

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     (i) All fines and penalties collected under the penalty provisions of this chapter and all fees

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shall be deposited as general revenues.

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     (j) Restitution, in addition to the cost for restoring operations, shall be owed to any third

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party who suffered economic harm as a result of the introduction or threatened introduction of a

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contaminant as provided for in this section.

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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 CRIMINAL OFFENSES -- PUBLIC UTILITIES

***

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     This act would increase penalties for damages to electric and cellular communication lines

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from three thousand dollars ($3,000) to fifty thousand dollars ($50,000); imprisonment from two

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(2) years to ten (10) years, or both and would require restitution for economic harm. This act would

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further increase penalties for damage resulting from contamination of public water supply systems

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for imprisonment from five (5) to ten (10) years and require restitution for economic harm.

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     This act would take effect upon passage.

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