CHAPTER 37


97-H 5837
Approved Jul. 1, 1997


AN ACT RELATING TO WATERS AND NAVIGATION

It is enacted by the General Assembly as follows

SECTION 1. Sections 46-15.6-5 and 46-15.6-7 of the General Laws in Chapter 46-15.6 entitled "Clean Water Infrastructure" are hereby amended to read as follows:

46-15.6-5. Completion, filing, approval and implementation of infrastructure component. -- (a) Each water supplier required by this chapter to prepare and maintain an infrastructure replacement component shall complete and adopt a component two (2) years subsequent to the date each party's water supply management plan per section 46-15.4-4 of the general laws is due.

(b) Water suppliers subject to the requirements of section 46-15.6-3 of this chapter shall file a copy of all components, only to the extent the components differ from plans filed under general laws section 46-15.4-3 thereto with the following: the division of drinking water quality of the department of health (hereinafter referred to as "the department").

(c) A water supplier subject to general laws section 46-15.6-3 shall review their components at least once every five (5) years and shall modify or replace their components as necessary.

(d) The department shall coordinate expeditious review of components prepared by water suppliers subject to this chapter. Upon receipt of components prepared by water suppliers under this chapter the department of environmental management's water supply management division, or its successor, {DEL the department of administration's division of planning DEL} and the public utilities commission (for those water suppliers within its jurisdiction) shall have one hundred and twenty (120) days to review the components and submit comments thereon to the department. Upon consideration of written comments by all agencies designated herein the department shall determine whether the component complies with the requirements of this chapter. This determination shall be made within eight (8) months of the initial submission. A thirty (30) day public comment period shall be included in this eight (8) month review period. Failure by the department to notify water suppliers of its determination within the prescribed time limit shall constitute approval.

(e) Each water supplier shall implement the requirements of its infrastructure replacement program and component, including its infrastructure replacement fund, as mandated by this chapter in accordance to rules and regulations promulgated per section 46-15.6-7.

{ADD 46-15.6-7. Rules governing content of programs, components, review, evaluation, funding, and implementation. -- ADD} The department with the concurrence of the department of environmental management's water supply management division or its successor, {DEL the department of administration's division of planning, DEL} and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall forthwith promulgate rules and regulations for the review of components as pertains to financial forecasts of facility replacement, improvement requirements and fiscal controls and accounting depreciation standards per general laws 46-15.6-4(a)(1) and (a)(2). The department with the concurrence of the department of environmental management's water supply management division or its successor, {DEL the department of administration's division of planning, DEL} and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards which it will use to evaluate the implementation of approved components, programs and funding mechanisms.

SECTION 2. This act shall take effect upon passage.



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