Chapter 282
2008 -- S 3035
Enacted 07/08/08
A N A C T
RELATING
TO TOWNS AND CITIES -- DAM MANAGEMENT DISTRICTS
Introduced
By: Senators P Fogarty, and Gallo
Date
Introduced: May 22, 2008
It is enacted by the General Assembly as follows:
SECTION 1. Section
45-62-3 of the General Laws in Chapter 45-62 entitled "Dam
Management Districts" is hereby amended to
read as follows:
45-62-3.
Power of councils. -- (a) The council of any city or town is authorized
and
empowered to establish by ordinance one or more
dam management districts within the city or
town; if the need for the management of a dam or
dams is multi-municipal, a multi-municipal
dam management district may be established by
the concurrent adoption of an ordinance by the
city or town councils of the municipalities in
which the dam management district will be located.
The ordinance shall set forth the boundaries of
the district, provide for the governance and
administration of the district, and require for
annual reporting by the district, as a minimum, to
each city and town with area within the district
and the department of environmental
management.
(b) Except as
restricted or limited by ordinance, a dam management district shall have
the power to:
(1) Provide for
entry of city, town, state or district officials in a manner equivalent to the
provisions of section 23-27.3-112.0, onto
private property within the district when necessary for
the periodic inspection, maintenance and/or
repair of dams and appurtenant facilities;
(2) Provide for
the supervision, control, maintenance, repair and/or reconstruction of
dams, including activities relating to dam
removal;
(3) Establish a
public education program to educate new residents and update members
of the district on new information or procedures
for proper maintenance and operation of dams
and the implications for failing to operate and
maintain dams in a manner that meets generally
accepted dam safety practices;
(4) Raise and expend
funds for the administration, operations, contractual obligations,
and services of the district, and fix and
collect rates, fees, and charges within the district for the
provision of dam management services by the
district;
(5) Employ staff,
counsel, and consultants as necessary to carry out the functions of the
district and purposes of this chapter;
(6) Acquire,
hold, use, sell, transfer and lease real or personal property, and to own,
operate, maintain, repair, improve any property acquired;
(7) Apply for,
contract for, receive, and expend grants and loans for the maintenance,
repair, removal and/or reconstruction of dams,
and for other activities authorized by this chapter;
and
(8) Adopt a
common seal, sue and be sued, and enjoy the powers generally incident to
corporations.
(c) Any dam owned
and furnished by any municipality, water district, fire district or any
other municipal or quasi-municipal corporation
that is regulated as a water supplier by the Rhode
Island Public Utilities Commission under chapter
1 of title 39 and subject to the provisions of
chapter 15.6 of title 46 shall be exempt from
the provisions of this chapter.
(d) With
respect to the towns of Burriville and Glocester, collection of Dam Management
District fees shall be in the same manner as
provided by law for the collection of taxes by
municipalities and the collector of fees for the
said Management District shall, for the purposes of
collecting fees assessed by said Management
District, have the same powers and authority as are
by law conferred on collection of taxes for
towns in the state.
SECTION 2. Chapter
45-62 of the General Laws entitled "Dam Management Districts" is
hereby amended by adding thereto the following
section:
45-62-7.
Exemption from real and personal property taxes. – The towns of
Burriville
and Glocester are authorized to enact ordinances
which exempt from taxation real and personal
property owned by a Dam Management District
created pursuant to this chapter, said exemption
to be limited to property that consists of the
lake bed of the Pascoag Reservoir, also known as
Echo Lake and property on which any dam,
spillway and any appurtenant structures may be
located as the same relate to the Pascoag Reservoir,
also known as Echo Lake.
SECTION 3. This
act shall take effect upon passage.
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LC02920
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