Chapter 224
2012 -- H 8172 SUBSTITUTE A
Enacted 06/13/12
A N A C T
RELATING TO
TOWNS AND CITIES - PASCOAG UTILITY DISTRICT
Introduced By: Representative Cale P. Keable
Date Introduced: May 17, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-58-8 of the General Laws in Chapter
45-58 entitled "Pascoag
Utility District" is
hereby amended to read as follows:
45-58-8.
Powers of the Utility District. -- The utility
district shall have the power:
(1) To acquire real or
personal property and tangible or intangible personal property by
voluntary purchase from the owner or owners of the property,
and to the extent that the board of
utility commissioners deems it advisable, to acquire property
held by a corporation through
acquisition of the stock of the corporation and dissolution of
the corporation;
(2) To acquire real
property, fixtures and rights and interests in real property within its
utility service area by eminent domain, subject to the
supervision of the public utilities
commission in the manner prescribed in section 39-1-31;
(3) To own, operate,
maintain, repair, improve, enlarge and extend, in accordance with
the provisions of this chapter, any property acquired
under this section all of which, together with
the acquisition of the property, are hereby declared to
be public purposes;
(4) To produce,
purchase, acquire, distribute and sell water and electricity at
wholesale
or retail within or without its utility service area subject
to franchise rights of other utilities; to lay
down, construct, own, operate, maintain, repair and
improve mains, pipes, wells, towers and other
equipment and facilities necessary, appropriate or useful for
those purposes; and to contract with
others for any or all of the foregoing purposes;
(5) To produce, buy,
sell and trade electric capability, power or energy products or
services at wholesale or retail; to purchase for its own use
or for resale electric transmission
service and ancillary services; and to engage in any other
transaction with respect to electricity or
electricity products that was heretofore authorized for the
Pascoag fire district or investor-owned
electric companies operating as domestic electric utilities
with within the state (including
participation in generating facilities as authorized by chapter 20
of title 39); provided, that the
utility district shall operate and be subject to regulation
of its retail rates for electricity under title
39 of the general laws when operating within its
utility service area;
(6) To operate as a
nonregulated power producer within the meaning and contemplation
of section 39-1-2(19) when engaging in the sale of
electricity at retail outside of its utility service
area;
(7) To acquire, own,
lease, operate, maintain, repair and expand facilities and equipment
necessary, appropriate or useful to the operation of other
utilities, including, but not limited to,
communications services such as internet service, high speed data
transfer, local and long
distance telephone service, community antenna television
service, and to engage in the operation
of such utilities;
(8) To sue and be sued;
(9) To adopt and alter
a corporate seal;
(10) To acquire, hold,
use, lease, sell, transfer, assign or otherwise dispose of any
property, real, personal or mixed, or any interest therein for
its corporate purposes, and to
mortgage, pledge or lease any such property;
(11) To make and adopt
bylaws for the management and regulation of its affairs;
(12) To borrow money
for any of the purposes or powers granted to it under or by
operation of this chapter, including the creation and
maintenance of working capital, and to issue
negotiable bonds, notes or other obligations, to fund or refund
the same, and to secure the
obligation of such bond, notes or other obligations in any case
by pledge of or security interest in
the revenues and property of the utility district.
(13) To fix rates
(subject to the requirements of title 39 of the general laws in the case of
retail electric rates within its utility service area) and
collect charges for the use of the facilities or
services rendered by or any commodities furnished by the
utility district;
(14) To contract in its
own name for any lawful purpose which would effectuate the
purposes and provisions of this chapter; to execute all
instruments necessary to carry out the
purposes of this chapter; and to do all things necessary or
convenient to carry into effect and
operation the powers granted by this chapter; and
(15) Until and only
until such time as those utility bond obligations to which the Pascoag
utility district succeeds under or by operation of this
chapter shall have been retired, defeased or
otherwise satisfied in their entirety, to levy property tax
assessments upon property owners within
its utility service area for the purpose of supporting
utility bond obligations of the Pascoag fire
district outstanding as of April 4, 2001 in the same manner
and to the same extent as the Pascoag
fire district was authorized to do so under the act passed
at the May session 1887, entitled "An
Act to Incorporate the Pascoag Fire District" as
thereafter amended and supplemented from time
to time.
SECTION 2. This act shall take effect upon passage.
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LC02612/SUB A
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