Title 45
Towns and Cities

Chapter 67
Block Island Utility District Act of 2017

§ 45-67-8. Powers of the utility district.

The utility district shall have the power:

(1) To acquire the BIPCo assets and to assume the BIPCo debt obligations. The sale by voluntary purchase of such property and the assumption of such obligations shall be negotiated between BIPCo and the utility district; provided, however, that upon acquiring BIPCo assets, the utility district shall assume and fulfill all of BIPCo’s related contractual obligations in full;

(2) To acquire such other real or 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;

(3) To acquire real property, fixtures, and rights and interests in real property within its utility service area by eminent domain, except for real property owned in whole or in part by the town of New Shoreham or BIPCo, or real property owned by other utilities, subject to the supervision of the public utilities commission in the manner prescribed in § 39-1-31;

(4) 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;

(5) To produce, purchase, acquire, distribute, and sell electricity at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to lay down, construct, own, operate, maintain, repair, and improve mains, pipes, towers, and other equipment and facilities necessary, appropriate or useful for those purposes within its utility service area, subject to franchise rights of other utilities; and to contract with others for any or all of the foregoing purposes;

(6) To produce, buy, sell, and trade electric capability, power, or energy products or services at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to purchase for its own use or for resale electric transmission service and ancillary services within its utility service area, subject to franchise rights of other utilities; and to engage in any other transaction with respect to electricity or electricity products within its utility service area, subject to franchise rights of other utilities that was heretofore authorized for investor-owned electric companies operating as domestic electric utilities 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 when operating within its utility service area;

(7) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of an electric utility;

(8) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area, subject to franchise rights of other utilities 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 within its utility service area subject to franchise rights of other utilities;

(9) To sue and be sued;

(10) To adopt and alter a corporate seal;

(11) 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;

(12) To make and adopt bylaws for the management and regulation of its affairs;

(13) 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 bonds, notes, or other obligations in any case by pledge of, or security interest in, the revenues and property of the utility district;

(14) To fix rates (subject to the requirements of title 39 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; and

(15) To contract in its own name for any lawful purpose that 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.