Chapter 362

2008 -- H 8226

Enacted 07/05/08

A N A C T

RELATING TO TOWNS AND CITIES -- DAM MANAGEMENT DISTRICTS

Introduced By: Representatives Pacheco, Church, and Winfield

Date Introduced: April 30, 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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LC02836

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