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:

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

Utilities" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

by any city or town council.

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

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

lines as provided for in this section.

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

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

     46-13-16. Penalties and remedies.

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

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

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

application made by the director.

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

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

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

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

one year, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

remedy hereunder.

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

chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

endangerment or inability to consume the water exists.

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

shall be deposited as general revenues.

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

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

contaminant as provided for in this section.

     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

***

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

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

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

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

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

     This act would take effect upon passage.

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