Chapter 148

2011 -- S 0265 SUBSTITUTE A

Enacted 06/29/11

 

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND CARRIERS--REGULATORY POWERS OF ADMINISTRATION

 

     Introduced By: Senator William A. Walaska

     Date Introduced: February 10, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 39-2-5 of the General Laws in Chapter 39-2 entitled "Duties of

Utilities and Carriers" are hereby amended to read as follows:

     (Note: Sections 39-2-2, 39-2-3, and 39-2-4 of the General Laws in Chapter 39-2

entitled "Duties of Utilities and Carriers" are included herein for reference only and do not

contain any amendment.)

 

     39-2-2. Rate discrimination. -- (a) If any public utility or any agent or officer of a public

utility, as defined in chapter 1 of this title, shall directly or indirectly by any device whatsoever,

or otherwise, charge, demand, collect, or receive from any person, firm or corporation a greater or

less compensation for any service rendered or to be rendered by it in, or affecting, or relating to

the transportation of persons or property between points within this state, the distribution of

electricity or the production, transmission, delivery, or furnishing of heat, or water, or the

conveyance of telegraph or telephone messages, or for any service in connection therewith, than

that prescribed in the published schedules or tariffs then in force or established as provided

herein, or than it charges, demands, collects, or receives from any other person, firm, or

corporation for a like and contemporaneous service, under substantially similar circumstances and

conditions, the public utility shall be guilty of unjust discrimination which is hereby prohibited

and declared to be unlawful and, upon conviction thereof, shall be fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500) for each offense; and the agent or officer

so offending shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less

than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense.

      (b) Nothing in this section or any other provision of the law shall be construed to

prohibit the giving by any public utility free or reduced rate service to any elderly person as

defined by the division.

 

     39-2-3. Unreasonable preferences or prejudices. -- (a) If any public utility shall make

or give any undue or unreasonable preference or advantage to any particular person, firm, or

corporation, or shall subject any particular person, firm, or corporation to any undue or

unreasonable prejudice or disadvantage in any respect whatsoever, the public utility shall be

guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500) for each offense.

      (b) Nothing in this section or any other provision of the law shall be construed to

prohibit the giving by any public utility, free or reduced rate service to an elderly person as

defined by the division.

 

     39-2-4. Acceptance of unlawful rebates or advantages. -- It shall be unlawful for any

person, firm, or corporation knowingly to solicit, accept, or receive any rebate, concession, or

discrimination in respect to any service in, affecting, or relating to the transportation of persons or

property, or affecting or relating to the distribution of electricity or the production, transmission,

delivery, or furnishing of heat, or water, or the conveyance of telephone or telegraph messages

within this state, or for any service in connection therewith, whereby the service shall, by any

device whatsoever or otherwise, be rendered free, or at a less rate than that named in the

published schedules and tariffs in force, as provided therein, or whereby any service or advantage

is received other than is herein specified. Any person, firm, or corporation violating the

provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars

($500) for each offense.

 

     39-2-5. Exceptions to anti-discrimination provisions. -- The provisions of sections 39-

2-2 -- 39-2-4 shall be subject to the following exceptions:

      (1) A public utility may issue or give free transportation or service to its employees and

their families, its officers, agents, surgeons, physicians, and attorneys at law, and to the officers,

agents, and employees, and their families of any other public utility.

      (2) With the approval of the division any public utility may give free transportation or

service, upon such conditions as the public utility may impose, or grant special rates therefor to

the state, to any town or city, or to any water or fire district, and to the officers thereof, for public

purposes, and also to any special class or classes of persons, not otherwise referred to in this

section, in cases where the same shall seem to the division just and reasonable, or required in the

interests of the public, and not unjustly discriminatory.

      (3) With the approval of the division any public utility operating a railroad or street

railway may furnish to the publishers of newspapers and magazines, and to their employees,

passenger transportation in return for advertising in the newspapers or magazines at full rates.

      (4) With the approval of the division any public utility may exchange its service for the

service of any other public utility furnishing a different class of service.

      (5) Nothing in this section or any other provision of the law shall be construed to

prohibit the giving by any public utility, free or reduced rate service to an elderly person as

defined by the division.

      (6) Any motor carrier of persons, as defined in chapter 13 of this title, may elect to file a

tariff providing for a rate reduction of twenty-five percent (25%) below its one-way fare tariff

applying to any person who is sixty-five (65) years of age or older and any person assisting and

traveling with a blind passenger who is not required to pay any fare pursuant to the provisions of

section 39-2-13 for bus rides between the hours of ten o'clock (10:00) a.m. and three o'clock

(3:00) p.m. of each day. In such event, the reduced fare shall be paid in part by the passenger and

in part by the state. That part of the reduced fare payable by the state shall be one half (1/2) of the

reduced fare adjusted upward to end in the nearest zero (0) or five cents (.05), and that part

payable by the passenger shall be the balance of the reduced fare. Payments by the state under

this section shall be paid monthly under procedures agreed upon by the department of

transportation and the carrier.

      (7) [Deleted by P.L. 2004, ch. 378, section 4, and by P.L. 2004, ch. 504, section 4.]

      (8) Any person, firm, or corporation or any officer, agent, servant, or employee thereof

who shall violate the provisions of subsection (7) of this section by fraudulently obtaining a

telecommunications device shall, upon conviction, be fined not exceeding five hundred dollars

($500) or be imprisoned for a term not exceeding one year.

      (9) (i) Nothing in this section or any other provision of the general laws shall be

construed to prohibit the commission from taking actions to enable the state to participate in a

federal communications commission telephone lifeline program. The commission may set a

subscriber funded monthly residence basic exchange lifeline telephone service credit in an

amount not to exceed the federal subscriber line access charge or the monthly basic service

charge, whichever is less, for those persons who receive supplemental social security income

(SSI), aid to families with dependent children (AFDC), general public assistance (GPA), aid from

the Rhode Island medical assistance program, or food stamps issued pursuant to the Food Stamp

Act of 1964 as amended (public law 88-525 and amendments made thereto, 7 U.S.C. section

2011 et seq.), assistance from the low-income home energy assistance program (LIHEAP) as

administered by the department of administration, division of planning, and effective April 1,

1993, assistance from the Rhode Island pharmaceutical assistance program administered by the

department of elderly affairs. The public utilities commission may promulgate regulations to

implement this section. The department of human services and the department of administration,

division of planning shall certify subscriber eligibility for the programs in accordance with public

utilities commission and federal communications commission guidelines.

      (ii) The department of human services shall report monthly to the governor and to the

house of representatives fiscal advisor the number of persons newly eligible for the lifeline

telephone service credit hereunder solely by virtue of their eligibility to receive food stamp

assistance and the department of administration, division of planning shall, also, report monthly

to the governor and to the house of representatives fiscal advisor the number of persons newly

eligible for the lifeline telephone service credit hereunder solely by virtue of their participation in

the low-income home energy assistance program (LIHEAP).

      (10) Nothing in this section or any other provision of the general laws shall be construed

to prohibit any public utility with the approval of the commission, from forgiving arrearages of

any person in accordance with the provisions of subsection 39-2-1(d).

      (11) Nothing in this section or any other provision of the law shall be construed to

prohibit any utility company from cutting, disconnecting, or removing mains, poles, wires,

conduits, or fixtures free of charge to nonprofit housing development corporations prior to

moving a building to be used as affordable housing for at least a ten (10) year period.

      (12) Nothing in this section or any other provision of the general laws shall be construed

to prohibit any telecommunications provider with the approval of the commission, from offering

any person residential customer, firm or corporation a reduced rate, provided such rate covers all

costs. A telecommunications provider may offer a business customer a reduced rate without

commission approval; provided that such rate covers all costs.

      (13) A gas or electric distribution company may provide discounts to low income

customers in accordance with the affordable energy plan provisions of subsection 42-141-5(d).

Nothing contained herein shall prohibit the continuation of any low income discounts approved

by the commission prior to January 1, 2006, and in effect as of that date.

 

     SECTION 2. Section 39-3-10 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

 

     39-3-10. Filing and availability of rate schedules. (a) Every public utility shall file

with the public utilities administrator within a time to be fixed by the administrator, schedules

which shall be open to public inspection, showing all rates, tolls, and charges which it has

established and which are in force at the time for any service performed by it within the state, or

for any service in connection therewith or performed by any public utility controlled or operated

by it. A copy of so much of the schedules as the administrator shall deem necessary for the use of

the public shall be printed in plain type, or typewritten, and kept on file in every station or office

of the public utility where payments are made by the consumers or users, open to the public in

such form and place as to be readily accessible and conveniently inspected, and as the

administrator may order. The administrator may determine and prescribe the form in which the

schedules, required by this section to be kept open to the public inspection, shall be prepared and

arranged, provided, that with respect to public utilities subject to the federal Interstate Commerce

Act, 49 U.S.C. section 501 et seq., so-called, the form of the schedules shall be that as from time

to time prescribed by the interstate commerce commission.

     (b) Notwithstanding the foregoing paragraph, subsection (a) herein, a public utility may

post on its website the rates, tolls and charges of any retail telecommunications service performed

by it within the state for any business customers. The foregoing paragraph, subsection (a) herein,

shall not apply to any service so posted, and such public utility shall not be required to file with

the public utilities administrator or publish any schedule or tariff for such service. Upon written

notice to the public utilities administrator, the public utility may withdraw any schedule or tariff

previously filed with the administrator for any service so posted.

     (c) Nothing in subsection (b) herein or in subdivision 39-2-5(12) shall derogate from the

statutory authority of the commission or of the division, including, but not limited to, the

authority to protect ratepayers from unreasonable rates. Nor shall anything in subsection (b)

herein or in subdivision 39-2-5(12) derogate from the common law or statutory authority of the

attorney general, including, but not limited to, the authority to enforce consumer protection or

unfair or deceptive trade practice statutes and regulations.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01126/SUB A

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