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title-39•Title 39 — Public Utilities and Carriers
(a) The general assembly finds and therefore declares that:
(1) The businesses of distributing electrical energy, producing and transporting manufactured and natural gas, operating water works and furnishing supplies of water for domestic, industrial, and commercial use, offering to the public transportation of persons and property, furnishing and servicing telephonic and wireless audio and visual communication systems, and operation of community antenna television systems are affected with a public interest;
(2) Supervision and reasonable regulation by the state of the manner in which the businesses construct their systems and carry on their operations within the state are necessary to protect and promote the convenience, health, comfort, safety, accommodation, and welfare of the people, and are a proper exercise of the police power of the state; and
(3) Preservation of the state’s resources, commerce, and industry requires the assurance of adequate public transportation and communication facilities, water supplies, and an abundance of energy, all supplied to the people with reliability, at economical cost, and with due regard for the preservation and enhancement of the environment, the conservation of natural resources, including scenic, historic, and recreational assets, and the strengthening of long-range, land-use planning.
(b) It is hereby declared to be the policy of the state to provide fair regulation of public utilities and carriers in the interest of the public, to promote availability of adequate, efficient, and economical energy, communication, and transportation services and water supplies to the inhabitants of the state, to provide just and reasonable rates and charges for such services and supplies, without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices, and to cooperate with other states and agencies of the federal government in promoting and coordinating efforts to achieve realization of this policy.
(c) To this end, there is hereby vested in the public utilities commission and the division of public utilities and carriers the exclusive power and authority to supervise, regulate, and make orders governing the conduct of companies offering to the public in intrastate commerce energy, communication, and transportation services and water supplies for the purpose of increasing and maintaining the efficiency of the companies, according desirable safeguards and convenience to their employees and to the public, and protecting them and the public against improper and unreasonable rates, tolls, and charges by providing full, fair, and adequate administrative procedures and remedies, and by securing a judicial review to any party aggrieved by such an administrative proceeding or ruling.
(d) The legislature also finds and declares, as of 1996, the following:
(1) That lower retail electricity rates would promote the state’s economy and the health and general welfare of the citizens of Rhode Island;
(2) That current research and experience indicates that greater competition in the electricity industry would result in a decrease in electricity rates over time;
(3) That greater competition in the electricity industry would stimulate economic growth;
(4) That it is in the public interest to promote competition in the electricity industry and to establish performance-based ratemaking for regulated utilities;
(5) That in connection with the transition to a more competitive electric utility industry, public utilities should have a reasonable opportunity to recover transitional costs associated with commitments prudently incurred in the past pursuant to their legal obligations to provide reliable electric service at reasonable costs;
(6) That it shall be the policy of the state to encourage, through all feasible means and measures, states where fossil-fueled, electric-generating units producing air emissions affecting Rhode Island air quality are located to reduce such emissions over time to levels that enable cost-effective attainment of environmental standards within Rhode Island; and
(7) That in a restructured electrical industry the same protections currently afforded to low-income customers shall continue.
(e) The legislature further finds and declares as of 2006:
(1) That prices of energy, including especially fossil-fuels and electricity, are rising faster than the cost of living and are subject to sharp fluctuations, which conditions create hardships for many households, institutions, organizations, and businesses in the state;
(2) That while utility restructuring has brought some benefits, notably in transmission and distribution costs and more efficient use of generating capacities, it has not resulted in competitive markets for residential and small commercial-industrial customers, lower overall prices, or greater diversification of energy resources used for electrical generation;
(3) That the state’s economy and the health and general welfare of the people of Rhode Island benefit when energy supplies are reliable and least-cost; and
(4) That it is a necessary move beyond basic utility restructuring in order to secure for Rhode Island, to the maximum extent reasonably feasible, the benefits of reasonable and stable rates, least-cost procurement, and system reliability that includes energy resource diversification, distributed generation, and load management.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1; P.L. 2006, ch. 236, § 5; P.L. 2006, ch. 237, § 5.
(a) Terms used in this title shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) “Administrator” means the administrator of the division of public utilities and carriers.
(2) “Airport” and “landing field” mean and include all airports and landing fields other than those owned by the state.
(3) “Chairperson” means the chairperson of the public utilities commission.
(4) “Charter carrier” means and includes all carriers for hire or compensation within this state not included in the definition of common carrier.
(5) “Commission” means the public utilities commission.
(6) “Commissioner” means a member of the public utilities commission.
(7) “Common carrier,” except when used in chapters 12, 13, and 14 of this title, means and includes all carriers for hire or compensation, including railroads, street railways, express, freight and freight-line companies, dining-car companies, steam boat, motor boat, power boat, hydrofoil, and ferry companies and all other companies operating any agency or facility for public use in the conveyance over fixed routes, or between fixed termini within this state of persons or property by, or by a combination of, land, air, or water.
(8) “Company” means and includes a person, firm, partnership, corporation, quasi-municipal corporation, association, joint-stock association or company, and his, her, its, or their lessees, trustees, or receivers appointed by any court.
(9) “Customer” means a company taking service from an electric distribution company at a single point of delivery or meter location.
(10) “Distribution facility” means plant or equipment used for the distribution of electricity and that is not a transmission facility.
(11) “Division” means the division of public utilities and carriers.
(12) “Electric distribution company” means a company engaging in the distribution of electricity or owning, operating, or controlling distribution facilities and shall be a public utility pursuant to subsection (20) of this section.
(13) “Electric transmission company” means a company engaging in the transmission of electricity or owning, operating, or controlling transmission facilities. An electric transmission company shall not be subject to regulation as a public utility except as specifically provided in the general laws, but shall be regulated by the Federal Energy Regulatory Commission and shall provide transmission service to all nonregulated power producers and customers, whether affiliated or not, on comparable, nondiscriminatory prices and terms. Electric transmission companies shall have the power of eminent domain exercisable following a petition to the commission pursuant to § 39-1-31.
(14) “Liquefied natural gas” means a fluid in the liquid state composed predominantly of methane and that may contain minor quantities of ethane, propane, nitrogen, or other components normally found in natural gas.
(15) “Manufacturing customers” means all customers that have on file with an electric distribution company a valid certificate of exemption from the Rhode Island sales tax indicating the customer’s status as a manufacturer pursuant to § 44-18-30.
(16) “Motor carriers” means any carrier regulated by the administrator pursuant to chapters 3, 11, 12, 13, and 14 of this title.
(17) “Natural gas” means the combustible, gaseous mixture of low-molecular-weight, paraffin hydrocarbons, generated below the surface of the earth, containing mostly methane and ethane with small amounts of propane, butane, and hydrocarbons, and sometimes nitrogen, carbon dioxide, hydrogen sulfide, and helium.
(18) “Nonprofit housing development corporation” means a nonprofit corporation that has been approved as a 26 U.S.C. § 501(c)(3) corporation by the Internal Revenue Service, and is organized and operated primarily for the purpose of providing housing for low- and moderate-income persons.
(19) “Nonregulated power producer” means a company engaging in the business of producing, manufacturing, generating, buying, aggregating, marketing, or brokering electricity for sale at wholesale or for retail sale to the public; provided however, that companies that negotiate the purchase of electric generation services on behalf of customers and do not engage in the purchase and resale of electric generation services shall be excluded from this definition. A nonregulated power producer shall not be subject to regulation as a public utility except as specifically provided in the general laws.
(20) “Public utility” means and includes every company that is an electric distribution company and every company operating or doing business in intrastate commerce and in this state as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph, and pipeline company, and every company owning, leasing, maintaining, managing, or controlling any plant or equipment, or any part of any plant or equipment, within this state for manufacturing, producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly or indirectly, to or for the public, or any cars or equipment employed on, or in connection with, any railroad or street railway for public or general use within this state, or any pipes, mains, poles, wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways, or streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or telegraphic communication service within this state, or any pond, lake, reservoir, stream, well, or distributing plant or system employed for the distribution of water to the consuming public within this state, including the water supply board of the city of Providence; provided, that, except as provided in § 39-16-9 and in P.L. 1933, ch. 2072, as amended, this definition shall not be construed to apply to any public waterworks or water service owned and furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal corporation, excepting the water supply board of the city of Providence, unless any city, town, water district, fire district, municipal or quasi-municipal corporation obtains water from a source owned or leased by the water resources board, either directly or indirectly, or obtains a loan from the board pursuant to the provisions of chapter 15.1 of title 46, or sells water, on a wholesale or retail basis, inside and outside the territorial limits of the city or town, water district, fire district, municipal or quasi-municipal corporation, except, however, that a public waterworks or water service owned and furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal corporation that sells water, on a wholesale or retail basis, inside and outside its territorial limits, shall not be construed as a public utility if it has fewer than one-thousand five hundred (1,500) total customer-service connections and provided outside sales do not exceed ten percent (10%) of the total water service connections or volumetric sales and provided the price charged to outside customers, per unit of water, is not greater than the price charged to inside customers for the same unit of water, nor to the Rhode Island public transit authority, or to the production and/or distribution of steam, heat, or water by the Rhode Island port authority and economic development corporation in the town of North Kingstown; and the term “public utility” shall also mean and include the Narragansett Bay water quality management district commission; and provided that the ownership or operation of a facility by a company that dispenses alternative fuel or energy sources at retail for use as a motor vehicle fuel or energy source, and the dispensing of alternative fuel or energy sources at retail from such a facility, does not make the company a public utility within the meaning of this title solely because of that ownership, operation, or sale; and provided further that this exemption shall not apply to presently regulated public utilities that sell natural gas or are dispensers of other energy sources; and provided further, that the term “public utility” shall not include any company:
(i) Producing or distributing steam or heat from a fossil-fuel-fired cogeneration plant located at the university of Rhode Island South Kingstown, Rhode Island;
(ii) Producing and/or distributing thermal energy and/or electricity to a state-owned facility from a plant located on an adjacent site, regardless of whether steam lines cross a public highway; and
(iii) Providing wireless service.
(21) “Purchasing cooperatives” shall mean any association of electricity consumers that join for the purpose of negotiating the purchase of power from a nonregulated power producer, provided however, that purchasing cooperatives shall not be required to be legal entities and are prohibited from being engaged in the re-sale of electric power.
(22) “Railroad” means and includes every railroad other than a street railway, by whatsoever power, operated for public use in the conveyance in this state of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection with any railroad.
(23) “Retail access” means the use of transmission and distribution facilities owned by an electric transmission company or an electric distribution company to transport electricity sold by a nonregulated power producer to retail customers pursuant to § 39-1-27.3.
(24) “Street railway” means and includes every railway by whatsoever power operated or any extension or extensions, branch, or branches thereof, for public use in the conveyance in this state of persons or property for compensation, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place in any city or town, and including all switches, spurs, tracks, rights of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind, used, operated, controlled, or owned by or in connection with any street railway.
(25) “Transmission facility” means plant or equipment used for the transmission of electricity as determined by the Federal Energy Regulatory Commission pursuant to federal law as of the date of the property transfers pursuant to § 39-1-27(c).
(26) “Wireless service” means communication services provided over spectrum licensed by or subject to the jurisdiction of the Federal Communications Commission.
(b) Notwithstanding any provision of this section or any provision of the act entitled, “An Act Relating to the Utility Restructuring Act of 1996” (hereinafter “utility restructuring act”), upon request by the affected electric utility, the commission may exempt from the utility restructuring act or any provision(s) thereof, an electric utility that meets the following requirements:
(1) The utility is not selling or distributing electricity outside of the service territory in effect for that utility on the date of passage of the utility restructuring act; and
(2) The number of kilowatt hours sold or distributed annually by the utility to the public is less than five percent (5%) of the total kilowatt hours consumed annually by the state. Provided, however, that nothing contained in this section shall prevent the commission from allowing competition in the generation of electricity in service territories of utilities exempted in whole or in part from the utility restructuring act pursuant to this section, as long as such allowance of competition is conditioned upon payment to the exempted electric utility of a nonbypassable transition charge calculated to recover the elements comparable in nature to the elements in § 39-1-27.4(b) and (c) taking into consideration any unique circumstances applicable to the exempted electric utility.
History of Section. P.L. 1912, ch. 795, § 2; G.L. 1923, ch. 253, § 2; P.L. 1936 (s.s.), ch. 2438, § 1; G.L. 1938, ch. 122, § 2; impl. am. P.L. 1939, ch. 660, §§ 120, 122; impl. am. P.L. 1952, ch. 2876, § 1; G.L. 1956, § 39-1-2; P.L. 1967, ch. 156, § 2; P.L. 1969, ch. 240, § 1; P.L. 1971, ch. 265, § 1; P.L. 1972, ch. 205, § 1; P.L. 1976, ch. 270, § 1; P.L. 1976, ch. 277, § 11; P.L. 1980, ch. 335, § 6; P.L. 1983, ch. 235, § 2; P.L. 1988, ch. 421, § 1; P.L. 1988, ch. 580, § 1; P.L. 1991, ch. 49, § 1; P.L. 1992, ch. 133, art. 34, § 2; P.L. 1993, ch. 103, § 1; P.L. 1994, ch. 227, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 357, § 1; P.L. 1998, ch. 331, § 1; P.L. 2013, ch. 121, § 2; P.L. 2013, ch. 135, § 2; P.L. 2020, ch. 79, art. 1, § 2.
Whereas it is in the public interest of the state that the personal safety of its inhabitants and visitors be protected, and that property situated within the borders of the state be safeguarded, and whereas it is well known and accepted that the use, storage, transmission, or transportation of liquefied natural gas involves an opportunity for the cause of personal injury or property damage, the general assembly hereby declares that the reasonable exercise of its police power for the safety and welfare of the inhabitants and visitors of the state and for the protection of property located within the state requires the control and regulation of the use, storage, transmission, and transportation of liquefied natural gas. Accordingly, the use, storage, transmission, or transportation of liquefied natural gas within the state shall raise a presumption that the liquefied natural gas is intended for use or consumption within the state or for transmission or transportation from one place to another within the state; and the general laws of the state applicable to public utilities and carriers and the rules and regulations promulgated thereunder shall apply thereto; provided, however, (1) That in the safety and security zone for LNG tankers in transit upon the navigable waterways of the state of Rhode Island, established by the United States Coast Guard by 33 C.F.R. § 165.121, and authorized by the United States Code Title 33 Chapter 25 Section 1225, there shall be no:
(1) LNG ships in transit must maintain an exclusion zone of two (2) miles ahead, one mile behind; five hundred (500) yards on either side, and thirty (30) feet overhead clearance within which there shall be no:
(a) Persons;
(b) Piers, wharves, docks, bulkheads, or similar structures within or contiguous to navigable structures;
(c) Waterfront facilities on land located within the state of Rhode Island;
(d) Flammable materials;
(e) Hunting grounds or areas from which an incendiary device could be launched; or
(f) Welding, torch cutting, or other hotwork within such prescribed safety and security zone.
History of Section. P.L. 1976, ch. 270, § 1; P.L. 2006, ch. 565, § 1.
(a) To implement the legislative policy set forth in § 39-1-1 and to serve as the agencies of the state in effectuating the legislative purpose, there are hereby established a public utilities commission and a division of public utilities and carriers. The commission shall serve as a quasi-judicial tribunal with jurisdiction, powers, and duties to implement and enforce the standards of conduct under § 39-1-27.6 and to hold investigations and hearings involving the rates, tariffs, tolls, and charges, and the sufficiency and reasonableness of facilities and accommodations of railroad, gas, electric distribution, water, telephone, telegraph, and pipeline public utilities; the location of railroad depots and stations, and the control of grade crossings; the revocation, suspension, or alteration of certificates issued pursuant to § 39-19-4; appeals under § 39-1-30; petitions under § 39-1-31; and proceedings under § 39-1-32.
(b) The administrator shall be a person who is not a commissioner and who shall exercise the jurisdiction, supervision, powers, and duties not specifically assigned to the commission, including the execution of all laws relating to public utilities and carriers and all regulations and orders of the commission governing the conduct and charges of public utilities and who shall perform other duties and have powers as are hereinafter set forth. The administrator shall be a person who is appointed by the governor for an initial term of six (6) years. The administrator shall be appointed with the advice and consent of the senate. The director of administration, with the approval of the governor, shall allocate the administrator to one of the grades established by the pay plan for unclassified employees. The public utilities administrator also shall have powers and duties as provided in § 46-15.3-20.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1980, ch. 335, § 6; P.L. 1995, ch. 188, § 3; P.L. 1996, ch. 316, § 1.
(a) The public utilities commission shall consist of three (3) electors selected with regard to their qualifications and experience in law and government, energy matters, economics and finance, engineering and accounting, and appointed by the governor with the advice and consent of the senate. The term of each commissioner shall be six (6) years. The director of administration, with the approval of the governor, shall allocate the position of each commissioner to one of the grades established by the pay plan for unclassified employees.
(b) During the month prior to the expiration of the term of a commissioner, the governor, with the advice and consent of the senate shall appoint a commissioner to succeed the commissioner whose term will then next expire, to serve for a term of six (6) years commencing on the first day of March then next following, and until his or her successor is appointed and qualified. A commissioner shall be eligible to succeed him or herself. Upon the expiration of the term of the chairperson, the governor may designate any commissioner as chairperson.
(c) A vacancy in the office of a commissioner, other than by expiration, shall be filled in like manner as an original appointment, but only for the unexpired portion of the term. If a vacancy occurs when the senate is not in session, the governor shall appoint a person to fill the vacancy, but only until the senate shall next convene and give its advice and consent to a new appointment.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 2002, ch. 144, § 1; P.L. 2010, ch. 23, art. 7, § 12.
Commissioners may at any time be removed from office by the governor for inefficiency, neglect of duty, or malfeasance in office, but no commissioner shall be removed from office without an opportunity to be heard, publicly before the governor and after being given notice in writing of the charges against him or her. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
When the term of office of a commissioner shall expire, and he or she has participated in hearing all or a substantial part of the evidence in a proceeding pending before the commission, he or she shall remain a commissioner for the sole purpose of completing the hearing and deciding the pending matter and signing the findings, orders, and judgments therein. For such services, the commissioner shall be paid reasonable compensation and necessary expenses as fixed by the commission as composed following the expiration of his or her term of office. For this purpose, a proceeding shall be deemed completed when the commission enters its final order therein regardless of whether the order is or may be appealed to the supreme court and the case remanded to the commission for further proceedings.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
(a) The commission shall have the powers of a court of record in the determination and adjudication of all matters over which it is given jurisdiction. It may make orders and render judgments and enforce the same by any suitable process issuable by the superior court. The commission shall have an official seal, which shall have engraved thereon the words: “State of Rhode Island. Public Utilities Commission Seal.”
(b) The commission shall have the power to do a complete audit of the books of all public utilities doing business in this state. The audit shall consider the cost of energy acquisition and all other aspects that the commission deems necessary.
History of Section. P.L. 1912, ch. 795, § 7; G.L. 1923, ch. 253, § 7; G.L. 1938, ch. 122, § 5; G.L. 1956, § 39-1-4; G.L. 1956, § 39-1-7; P.L. 1969, ch. 240, § 1; P.L. 1979, ch. 102, § 1; P.L. 1996, ch. 316, § 1.
Two (2) commissioners shall constitute a quorum for the transaction of any business, except as provided in § 39-1-11. Meetings of the commission may be held at any time or place upon the call of any member, after a reasonable notice by mail or telephone to the other members, and shall be held at such times and places as in the judgment of the commission will best serve the convenience of all parties in interest.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1979, ch. 95, § 2; P.L. 2002, ch. 144, § 1; P.L. 2010, ch. 23, art. 7, § 12.
The commission shall appoint an employee of the division as its clerk, who shall serve during its pleasure. The commissioners and clerk shall be sworn to the faithful discharge of the duties of their offices and, before entering upon their offices, shall file a certificate of their oaths for record in the office of the secretary of state.
History of Section. P.L. 1969, ch. 240, § 1.
The clerk shall have the custody of the seal of the commission; have general charge of the office; keep a full record of its proceedings; file and preserve at its office all documents and papers entrusted to his or her care; prepare such papers and notices as may be required of him or her by the commission; and perform such other duties as it may prescribe. The clerk shall have power to issue subpoenas for witnesses and to administer oaths in all cases before the commission or pertaining to the duties of the office.
History of Section. P.L. 1969, ch. 240, § 1.
The commission shall adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before it for a hearing, and in the hearing the commission shall not be bound by technical rules of evidence. The commission shall sit as an impartial, independent body, and is charged with the duty of rendering independent decisions affecting the public interest and private rights based upon the law and upon the evidence presented before it by the division and by the parties in interest. The presence of one commissioner shall constitute a quorum at all hearings, provided that the concurrence of a majority of the commission shall be required for the rendering of a decision.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1979, ch. 95, § 2.
Prior to the commencement of any formal hearing, the commission may, in its discretion, direct the parties or their attorneys to appear before it for a conference. At or before the conference, the commission may order any party to file a number of copies, as it may specify, of all exhibits it intends to use in the hearing, and the names and addresses of witnesses it intends to produce in its direct case, together with a short statement of the purposes of each exhibit and of the testimony of each witness. After entry of an order, a party shall not be permitted, except in the discretion of the commission, to introduce into evidence, in its direct case, exhibits that are not filed in accordance with the order. At the conference, the commission may designate a date before which it requires any party in interest to specify what items shown by the filed exhibits are conceded, and further proof of conceded items shall not be required. The commission may also require the parties to simplify the issues; to consider admissions of fact and of documents that will avoid unnecessary proof; and to limit the number of expert witnesses. The commission shall enter an order reciting the concessions and agreements made by the parties, and unless modified at the hearing to prevent manifest injustice, the hearing shall be controlled by the order.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
The commissioners are hereby severally authorized and empowered to administer oaths; and the commission, in all cases of every nature pending before it, is hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the commission. All subpoenas and subpoenas duces tecum shall be signed by the chairperson or by the clerk, and shall be served as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the superior court. If any person fails to obey the command of the subpoena, without reasonable cause, or if a person in attendance before the commission shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, any commissioner may apply to any justice of the superior court, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt. Upon the return of the order, the justice before whom the matter is brought for a hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents material to the issue that he or she was ordered to bring or produce, he or she may forthwith commit the person to the adult correctional institutions, there to remain until he or she submits to do the act that he or she was so required to do, or is discharged according to law.
History of Section. P.L. 1969, ch. 240, § 1.
[Repealed]
History of Section. G.L. 1956, § 39-1-14; P.L. 1969, ch. 240, § 1; Repealed by P.L. 1979, ch. 95, § 1.
For effective administration, supervision, and regulation of public utilities, communications carriers, and common or contract carriers, the administrator, at his or her discretion, may designate examiners, investigators, hearing officers, or one or more agents of the division to make investigations and conduct hearings. In conducting investigations and hearings, the administrator and every person designated therefor by him or her shall be vested with all the powers conferred on the chairperson of the commission by § 39-1-13. Upon completion of his or her investigation and hearing, the person hearing or investigating shall file his or her recommended decision and findings in writing with the administrator; and the decision and findings, when approved by the administrator, shall have the same force and effect as a decision and findings by the administrator. The administrator may, however, at his or her discretion, upon considering the evidence in the matter at issue and the written recommended decision as filed by the hearing officer, agent, examiner, or investigator, decide the matter in hearing or under investigation him or herself, and in such case, the decision of the administrator with his or her findings shall become effective when signed and filed by him or her.
History of Section. P.L. 1912, ch. 795, § 13; G.L. 1923, ch. 253, § 13; G.L. 1938, ch. 122, § 10; G.L. 1956, § 39-1-12; R.P.L. 1957, ch. 90, § 1; G.L. 1956, § 39-1-15; P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1.
Examiners, field investigators, hearing officers, regulatory inspectors, and other employees of the division designated by the administrator with respect to the enforcement of the provisions of chapters 12 through 14.1 inclusive of this title, shall have and exercise, throughout this state, all powers of police officers including the power to arrest, without warrant, any person who violates any provision of the chapters, and the agents may serve all process lawfully issued by the administrator. Whenever a complaint is made of any violation of the provisions of chapters 12 through 14.1 inclusive of this title, by any examiner, field investigator, hearing officer, regulatory inspector, or any other employee of the division, he or she shall not be required to furnish surety for costs or be liable for costs upon any complaint.
History of Section. P.L. 2012, ch. 82, § 1; P.L. 2012, ch. 178, § 1.
The administrator is hereby authorized to avail himself or herself of state, city, and town police departments as are, or may hereafter be, existing by law, to enforce the provisions of chapters 12 through 14.1 inclusive of this title and the rules, regulations, and orders of the administrator made under the chapters; and the police departments are hereby given the necessary authority and power, in addition to those they now possess, to carry into effect the directions of this section.
History of Section. P.L. 2012, ch. 82, § 1; P.L. 2012, ch. 178, § 1.
In any investigation or hearing conducted by virtue of this title, the person designated to conduct the hearing may cause the deposition of witnesses, wherever residing, to be taken in the manner and used for the purposes prescribed by law for taking depositions in civil actions in the superior court.
History of Section. P.L. 1969, ch. 240, § 1.
In any inquiry into, or examination of, any matter wherein tariffs, rates, or charges for, or the cost of, or the quality, standard, or extent of, any service or commodities are requested by the division, and in every formal hearing conducted by the division, the consumers’ council shall be deemed to be an interested party for all purposes, and as such, shall receive all notices and may file complaints, institute proceedings, participate as a party in administrative hearings, and institute or participate in any appeal to the supreme court as an aggrieved party.
History of Section. P.L. 1969, ch. 240, § 1.
(a) All hearings and orders of the commission and of the division, and the records thereof, shall be public and any person shall be permitted to record all or any portion of a hearing by way of camera, video, or tape recorder of any kind, unless a party to the hearing requests, and the chairperson or administrator grants the request, that the recording be prohibited for the protection of attorney-client privilege, confidentiality, or other interest of the parties. All reports, records, files, books, and accounts in the possession of the commission or the division shall be open to inspection by the public at all reasonable times. The division may charge and collect reasonable fees for copies of official documents, orders, papers, and records, and for authenticating or certifying the same; provided that no fee shall be charged for single copies of official documents, orders, papers, and records, furnished to public officers of the state for use in their official capacity, or for the annual reports in the ordinary course of distribution.
(b) All filings made to the division or commission shall also be provided digitally in a manner established by the division. The commission and division may adopt rules exempting filings from this requirement.
(c) In order to support the ability of the public and interested parties to stay informed of the activities of the commission and the division, and to promote awareness of utility restructuring, the division shall maintain a site on the internet through which the public may access:
(1) Notices of and agendas of hearings;
(2) All filings that are available in digital format and that are not subject to protective orders;
(3) All orders, rules, and regulations of the commission or administrator;
(4) Announcements of, agendas for, and minutes of open meetings;
(5) A calendar of all forthcoming open meetings and hearings;
(6) Current tariffs of all public utilities subject to assessment pursuant to § 39-1-23; provided, however, that the division may require any public utility with extensive tariffs to maintain a website and provide access to those tariffs via a link from the division’s website;
(7) A listing of all public utilities and nonregulated power producers, together with consumer contact information for each;
(8) Consumer information on billing dispute resolution, retail access, conservation, and consumer-assistance programs;
(9) Demand-side management programs available to residential, commercial, and industrial customers; and
(10) Other information as the division deems relevant and useful to the public.
History of Section. P.L. 1912, ch. 795, § 9; G.L. 1923, ch. 253, § 9; P.L. 1929, ch. 1394, § 1; G.L. 1938, ch. 122, § 7; G.L. 1956, § 39-1-7; G.L. 1956, § 39-1-18; P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1996, ch. 316, § 1; P.L. 2002, ch. 144, § 1; P.L. 2003, ch. 409, § 1; P.L. 2006, ch. 216, § 9.
(a) To carry out the purposes of this title, the commission and the division, within the appropriation therefor, are authorized to employ such clerks, stenographers, engineers, accountants, and agents as may be required, who shall be in the classified service, and may also retain and employ experts, consultants, and assistants on a contract or other basis for rendering legal, financial, professional, technical, or other assistance or advice.
(b) When requested by the administrator, the attorney general, or an assistant designated by him or her, shall appear and represent the division in any hearing, investigation, action, or proceeding under this title, or in reference to any act or proceeding of the division, and intervene in any action or proceeding in which is involved any question arising under this title. In all cases in which the attorney general or an assistant intervenes on behalf of the state as a customer of a public utility, or on behalf of the citizens of the state, as customers of a public utility, the division may employ legal counsel to represent it, as provided for in § 39-1-20.
History of Section. P.L. 1912, ch. 795, §§ 10, 12; G.L. 1923, ch. 253, §§ 10, 12; G.L. 1938, ch. 122, §§ 8, 9; G.L. 1956, §§ 39-1-10, 39-1-11; G.L. 1956, § 39-1-19; P.L. 1969, ch. 240, § 1; P.L. 1975, ch. 277, § 1.
Whenever the commission or the division shall conduct an investigation or hearing upon a proposal by a public utility to increase its rates, tolls, or charges, or to issue stocks, bonds, notes, or other evidences of indebtedness, or to merge or consolidate with another company, it may employ legal counsel, official stenographers, and expert witnesses, and may designate disinterested persons free from bias, prejudice, and pecuniary interest in the matter concerned, to examine into and testify regarding the matters involved and all collateral issues at all hearings and in any appeal procedures until final determination in law has been had.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1.
The commissioners, the attorney general, and the agents of the division, as provided in §§ 39-1-15 and 39-1-20, while engaged in the performance of their duties, may, at all reasonable times, enter any premises, buildings, cars, plant, or equipment, or other places belonging to, or controlled by, any public utility, communications carrier, or contract carrier, and inspect the same or any part thereof, and any person obstructing, hindering, or in any way causing to be obstructed or hindered, any commissioner or the attorney general or any agent of the division, in the performance of his or her duties, or who shall refuse to permit any commissioner, the attorney general, or any agent of the division entrance into any premises, building, cars, plant, or equipment, or other places belonging to or controlled by any public utility, communications carrier, or contract carrier, in the performance of his or her duties as such, shall be deemed guilty of a misdemeanor and fined not more than five hundred dollars ($500).
History of Section. P.L. 1912, ch. 795, § 14; G.L. 1923, ch. 253, § 14; G.L. 1938, ch. 122, § 11; G.L. 1956, § 39-1-13; G.L. 1956, § 39-1-21; P.L. 1969, ch. 240, § 1.
A company subject to the supervision of the commission or division that furnishes it with a sworn or affirmed report, return, or statement, that the company knows or should know contains false figures or information regarding any material matter lawfully required of it, and any company that fails within a reasonable time to obey a final order of the commission or division, shall be fined not more than twenty thousand dollars ($20,000).
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1.
(a) The administrator shall aggregate the expenses of the division, including expenses incurred by the attorney general pursuant to § 39-1-19 and expenses incurred by the commission, for each upcoming fiscal year and shall apportion and assess these expenses among the state’s regulated utilities based upon approved budgets. When submitting the budget, the budget office shall clearly indicate the revenues from assessments. Included within this prospective assessment, shall be those expenses expected to be incurred by the attorney general pursuant to § 39-1-19 for the upcoming fiscal year. The expenses anticipated by the attorney general and the commission for each upcoming fiscal year shall be communicated to the administrator within thirty (30) days of request by the administrator. The administrator shall thereupon apportion and assess one hundred percent (100%) of such expenses among the several public utility companies and common carriers located in this state in the proportion that the gross intrastate-utility-operating revenues of each public utility company and common carrier shall bear to the total, gross intrastate-utility-operating revenues for the last preceding fiscal year of all public utility companies and common carriers; provided, however, that any public utility or common carrier, whose gross intrastate revenues in any fiscal year as reported to the administrator do not exceed one hundred thousand dollars ($100,000), shall not be subject to the assessment under the provisions hereof; and, provided further, that all motor carriers subject to the provisions of chapters 12 and 14 of this title shall not be subject to the assessment under the provisions hereof. The sum so apportioned and assessed shall be in addition to any taxes payable to the state under any other provision of law. The assessments shall be divided between the commission and the division based upon the approved budgets.
(b) The administrator shall apply any budgetary balance or shortfalls remaining from a prior, annual assessment toward the next upcoming fiscal-year assessment to the division or the commission as appropriate.
(c) Upon collection from the several public utility companies and common carriers operating in this state, assessments and any state appropriations shall be deposited in an account to be known as the public utilities commission funding account. This fund shall be a restricted-receipt account and shall be kept by the general treasurer separately and shall be paid out by the general treasurer only upon receipt of properly authenticated vouchers signed by the administrator, or his or her designee, for the division’s share of the account. The same procedure shall be followed for the commission, except that such vouchers shall be signed by the commission chairperson, or his or her designee. The general treasurer shall provide for separate accounting of the division and commission budget and expenses. The moneys in the public-utilities fund shall be expended by the administrator or the commission, as appropriate for meeting the expenses of the operation of the commission, the division, and those expenses incurred by the attorney general, pursuant to § 39-1-19.
(d) The legislature may appropriate from the general funds such sums as are necessary for the regulation of public utilities.
History of Section. G.L. 1938, ch. 122, § 63; P.L. 1955, ch. 3436, § 1; G.L. 1956, § 39-1-14; G.L. 1956, § 39-1-23; P.L. 1969, ch. 240, § 1; P.L. 1977, ch. 236, § 1; P.L. 1983, ch. 167, art. 10, § 1; P.L. 1987, ch. 22, § 1; P.L. 1990, ch. 65, art. 40, § 1; P.L. 1991, ch. 44, art. 9, § 1; P.L. 1993, ch. 138, art. 55, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 103; P.L. 2016, ch. 443, § 1; P.L. 2016, ch. 444, § 1.
(a) The administrator has been charged under this title with the responsibility of promoting adequate, economical, and efficient service by motor carriers and reasonable charges therefore without unjust discriminations, undue preferences, or advantages, or unfair or destructive competitive practices. This legislative charge further requires that the administrator improve the relations between, and coordinate transportation by, and the regulations between all modes of transportation provided by the various classes of motor carriers; develop and preserve a highway transportation system properly adapted to the needs of the commerce of the state; and promote safety upon its publicly used highways in the interest of its citizens.
(b) It is hereby declared that in order to enforce the statutes, rules, and regulations under which the administrator carries out his or her efforts to fulfill the mandates provided in subsection (a), appropriations shall be provided, pursuant to the assessment provision contained in § 39-1-23, for the purposes of providing the administrator with the financial means to maintain an enforcement presence in the transportation industry. The appropriations shall be used by the administrator to create and maintain a field enforcement staff of at least two (2) inspector-auditors whose sole responsibilities shall be to promote and compel compliance with all applicable motor carrier related statutes, rules, and regulations. In addition to compensation for inspector-auditors, the motor carrier enforcement appropriations may be used to purchase any materials or equipment necessary for this field enforcement staff and any training or educational programs germane to its regulatory functions.
History of Section. P.L. 1992, ch. 133, art. 34, § 3; P.L. 1995, ch. 370, art. 40, § 116; P.L. 1997, ch. 326, § 103; P.L. 2008, ch. 100, art. 29, § 1.
On or before the first day of August in each year, the administrator shall certify to the state controller the amount of the assessment made pursuant to § 39-1-23 and the name and address of each company against whom the assessment is made. Each company shall pay the administrator the amount assessed against it within thirty (30) days from the receipt of the assessment with interest at the rate of six percent (6%) per annum if unpaid at the due date. The administrator shall deposit all payments with the general treasurer. The amount so deposited shall be credited to the general fund of the state and accounted for as expenses recovered from public utility companies and common carriers.
History of Section. G.L. 1938, ch. 122, § 63; P.L. 1955, ch. 3436, § 1; G.L. 1956, § 39-1-15; G.L. 1956, § 39-1-24; P.L. 1969, ch. 240, § 1.
Each company shall pay to the administrator the amount assessed against it or shall file with the commission its objections in writing setting out the grounds upon which it claims that the assessment is excessive, erroneous, unlawful, or invalid. The commission shall, within thirty (30) days from the receipt of the objection, hold a hearing and issue an order in accordance with its findings.
History of Section. G.L. 1938, ch. 122, § 63; P.L. 1955, ch. 3436, § 1; G.L. 1956, § 39-1-16; G.L. 1956, § 39-1-25; P.L. 1969, ch. 240, § 1.
(a) There is hereby created a fund to be known as the public utilities reserve account, an account within the public utilities commission in the general fund. Such account, hereinafter referred to as the “fund,” shall be used for the purpose of providing the financial means for the commission and division to purchase materials, and to employ on a contract or other basis, legal counsel, official stenographers, engineers, accountants, economists, and other expert witnesses, and for other necessary expenses of the commission and division in investigations and hearings related to applications and filings made by public utilities, or commission- or division-initiated investigations into utility operating practices, or related appeals to state or federal courts or in relevant regulatory matters before federal agencies. The general assembly shall annually appropriate to the fund a sum equal to twenty-five one thousandths of one percent (.00025%) of the gross, annual operating revenues of gas, electric, and telephone companies attributable to their conduct of intrastate operations in this state during the year next preceding; provided, however, that if at June 30, in any year the balance in the fund shall be in excess of one hundred thousand dollars ($100,000), the amount of the excess shall forthwith be transferred to the general fund of the state. Prebilled revenue shall be excluded from an excess balance to be transferred to the general fund. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment from the fund of such sums as may be required from time to time upon receipt by him or her of proper vouchers approved by the administrator.
(b) The public utility making an application or filing to the commission or division, or subject to a commission- or division-initiated investigation, or any public utility distributing electricity or gas whose retail rates would be affected by a proceeding before an agency of the federal government or a federal court, shall be charged with and shall pay a portion of the expenses reasonably so incurred by the commission and by the division for the purchase of materials and for the employment of legal counsel, official stenographers, engineers, accountants, and expert witnesses, and for travel and other necessary expenses as are reasonably attributable to the investigation or the hearing of the proposal by the commission and the division, or to the administrator’s representation of the state before federal or state courts or an agency of the federal government. The administrator or the commission chairperson, as appropriate, shall ascertain the expenses and shall determine the amount to be paid by the public utility company or companies, and bills shall be rendered therefor either at the conclusion of the investigation or hearing, or from time to time during its progress, and the amount of each bill so rendered shall be paid by the public utility to the administrator or the commission, as appropriate, within thirty (30) days from the date of its rendition unless, within the thirty-day (30) time period, the public utility so billed shall request an opportunity to be heard by the commission as to the amount thereof. The commission shall comply with any such request. Any amount of the bill not paid within thirty (30) days from the date of service of the determination upon the hearing, or, if none shall be requested, within thirty (30) days from the date of rendition of the bill, shall draw interest at the rate of twelve percent (12%) per annum. At the discretion of the administrator, or the commission chairperson, as appropriate, utility companies may be prebilled for contractual services utilized by the commission or division. Any revenue received from public utilities not expended upon the completion of the case will be promptly reimbursed to the utility company. The total amount that may be charged to any public utility under authority of this section for proceedings before the commission or division or in related appeals before state or federal courts in any calendar year shall not exceed one million dollars ($1,000,000). Indirect cost recovery obligations pursuant to § 35-4-27 shall constitute a separate and additional assessment to public utilities to be added to the foregoing expense assessment limits; in addition, the total amount that may be charged against any public utility under authority of this section for the administrator’s representation of the state before agencies of the federal government in any calendar year shall not exceed five hundred thousand dollars ($500,000). All moneys collected by the administrator or the commission pursuant to this section shall be paid by him or her monthly to the general treasurer to be added to the public utilities reserve fund.
(c) The division of public utilities and carriers shall adopt by regulation, a fee schedule for all telecommunications filings, including initial applications and annual registrations, by telecommunications providers that are not otherwise subject to the provisions of subsection (a) or (b) of this section. The money assessed and paid shall be paid into the general fund and shall not be a part of the public utilities reserve fund.
(d) The general assembly shall annually appropriate such sums as it may deem necessary for the salaries of the commissioners and their expenses incurred in the performance of their duties, and for the operations of the commission and the division and payment of such office expenses and assistance as from time to time may be required. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof, as may be required from time to time upon receipt by him or her of vouchers approved by the administrator or his or her authorized agent.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1980, ch. 73, § 1; P.L. 1981, ch. 259, § 1; P.L. 1984, ch. 210, § 1; P.L. 1987, ch. 22, § 1; P.L. 1991, ch. 44, art. 76, § 6; P.L. 1993, ch. 138, art. 55, § 1; P.L. 1995, ch. 316, § 1; P.L. 1995, ch. 330, § 1; P.L. 1996, ch. 316, § 1; P.L. 2001, ch. 229, § 1; P.L. 2001, ch. 397, § 1; P.L. 2009, ch. 68, art. 15, § 1; P.L. 2017, ch. 82, § 1; P.L. 2017, ch. 90, § 1; P.L. 2025, ch. 105, § 1, effective June 23, 2025; P.L. 2025, ch. 106, § 1, effective June 23, 2025.
(a) Each electric distribution company shall file with the commission a plan for transferring ownership of generation facilities into a separate affiliate of the electric distribution company. The transmission facilities owned by the electric distribution company also may be transferred to an affiliated electric transmission company at a price that shall equal the book value of the transmission facilities on the electric distribution company’s accounts net of depreciation and deferred taxes as the date of transfer, but such a transfer is not required. The generation plant, equipment, and facilities owned by an electric distribution company shall be transferred to an affiliate that is a nonregulated power producer at a price that shall equal the book value of the generation plant, equipment, and facilities on the electric distribution company’s accounts net of depreciation and deferred taxes as of the date of the transfer. Consistent with the schedule for implementing retail access in § 39-1-27.3, each electric transmission company shall file tariffs with the Federal Energy Regulatory Commission (FERC) and electric-distribution companies shall file tariffs with the commission. The tariffs will provide the terms, conditions, and rates for nondiscriminatory access to transmission and distribution facilities to wholesale and retail customers and to nonregulated power producers. The tariffs shall: (1) Conform to the standards, policies, and requirements of the Federal Energy Regulatory Commission or the commission as appropriate with respect to nondiscriminatory access to transmission and distribution services; (2) Fulfill such standards with respect to both transmission and distribution services for the benefit of both wholesale and retail customers and their suppliers; and (3) Provide retail access in accordance with the schedule set forth in § 39-1-27.3. For purposes of this section, “nondiscriminatory access” means access to transmission and distribution services on rates, terms, and conditions found to be reasonable by the FERC or the commission as appropriate and applied consistently to all customers in a rate class regardless of their supplier. When establishing terms and conditions for distribution service, the commission shall implement standards, policies, and requirements consistent with those established by the Federal Energy Regulatory Commission for transmission service unless it determines that alternative terms and conditions are in the public interest.
(b) The commission shall review the plan within six (6) months of filing and if the plan is in compliance with chapter 3 of this title, shall authorize the property transfers, securities issuances, and affiliate transactions pursuant to this title and shall grant all necessary regulatory approvals. All existing state and local rights, authorizations, and approvals, including but not limited to, permits, licenses, locations, indentures, leases, orders, or similar rights associated with the ownership and operation of plant and equipment, shall be deemed transferred with the associated plant and equipment upon the commission’s authorization of the transfer effective as of the date of transfer. Notwithstanding any provisions of this section, if the electric distribution company’s wholesale power supplier chooses to transfer its generation assets to a nonaffiliate of the electric distribution company for purposes of carrying out the market valuation required by § 39-1-27.4(g), and such transfer to a nonaffiliate is specified in the electric distribution company’s restructuring plan filed with the commission pursuant to subsection (a) of this section, the transfer of the electric distribution company’s interest in the generation facilities may be made directly to the nonaffiliate. In the case of such a transfer directly to a nonaffiliate, all of the state and local rights, authorizations, and approvals, including those enumerated above, shall be deemed transferred with the associated plant and equipment upon the commission’s authorization of the transfer effective as of the date of the transfer.
(c) The electric distribution company shall implement the corporate reorganizations and property transfers specified in such restructuring plan; terminate its all-requirements contract with its wholesale power supplier on the terms set forth in § 39-1-27.4; and provide retail access for all customers in Rhode Island with a standard offer, as set forth in § 39-1-27.3, no later than three (3) months after retail access is available to forty percent (40%) or more of the kilowatt-hour sales in New England. The commission may extend this time if it determines that additional time is necessary to implement the transactions on reasonable terms and in accordance with a reasonable schedule; provided, however, that nothing in this section shall be construed to limit the effect of § 39-1-27.3 or permit the commission to unduly discriminate in providing retail access among or within rate classes.
(d) Following the complete implementation of the restructuring plans, electric distribution companies shall be prohibited from selling electricity at retail and from owning, operating, or controlling generating facilities, although such facilities may be owned by affiliates of electric distribution companies. For purposes of this subsection, providing the standard-offer service and last-resort power supply in accordance with subsections (d) and (f) of § 39-1-27.3 shall not be construed as selling electricity at retail.
(e) Following the termination of the electric distribution company’s contracts with its wholesale power supplier, the wholesale power supplier shall become a nonregulated power producer, and shall be free, subject to the requirements of the standard offer set forth in § 39-1-27.3(e) and retail electric licensing commission plan requirements pursuant to § 39-1-27.1, to sell electricity generated from each of its facilities on either the wholesale or retail markets at market prices, either directly or through an affiliate, which shall also become a nonregulated power producer. The former wholesale power supplier and its affiliates shall be free to apply to become exempt wholesale generators pursuant to § 32 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79z-5a [repealed], and other federal law, rules, and regulations, and each and every generating facility of the former wholesale power supplier shall become an eligible facility pursuant to that statute. Accordingly, the legislature hereby finds and declares that the division has sufficient regulatory authority, resources, access to books and records to exercise its duties; and that the full participation of former wholesale power suppliers and affiliated nonregulated power producers in the market and the designation of each of the former wholesale power supplier’s facilities as eligible facilities will benefit consumers; is consistent with state law; will not provide any unfair competitive advantage by virtue of their status as a former wholesale power supplier or as affiliates of electric distribution companies; and is in the public interest.
(f) Although reducing air emissions from power plants is a goal of electricity industry restructuring, power plants in Rhode Island already have low emissions relative to their counterparts in other states. For this reason, it is unnecessary for the restructuring plans required by this section to address in-state air emission reductions. However, to the extent a wholesale power supplier receiving contract termination fees pursuant to § 39-1-27.4(b)(4) owns and operates as of December 31, 1995, fossil-fired generation in another state that does not meet air emission standards applicable as of that date to new electric-generating facilities in that state, the wholesale power suppliers shall cooperate with the appropriate environmental officials in the state or states where the generating facilities are located to develop a plan for reducing the emissions of nitrogen oxides, sulfur dioxide, and particulate matter from the plants on an overall basis through retirements, replacements, controls, or offsets, or any combination of the above, toward the air emissions standards applicable to new electric-generating facilities in effect in the state or states where the plants are located as of January 1, 1996. The plans shall be implemented in connection with electric-industry restructuring in the state or states where the generating facilities are located.
(g) An electric distribution company, whether public, quasi-municipal, or investor owned, that as of January 1, 1996, did not purchase power at wholesale from a wholesale power supplier under an all-requirements contract, shall include proposals for recovering transition costs consistent with the elements that would be comparable in nature to the elements included in termination fees pursuant to § 39-1-27.4(b) through (g) and for providing a standard offer consistent with requirements of § 39-1-27.3(d) in its plan filed with the commission pursuant to this section. The filing by an electric distribution company that is a quasi-municipal corporation shall also address any unique circumstances affecting the electric distribution company, including special contract requirements or charter restrictions and the conditions that the quasi-municipal corporation must satisfy in order to participate in retail competition. In reviewing the filing and determining the appropriate level of transition cost recovery, the commission shall apply standards consistent with those contained in § 39-1-27.4(b) through (g) and with this subsection. The commission shall be authorized to take any action or to grant any approval necessary to maintain hydroelectric power purchases from the Niagara and St. Lawrence power projects by quasi-municipal corporations. Notwithstanding any other provision of this section, quasi-municipal electric distribution companies that purchase hydroelectric power from the Niagara and St. Lawrence power projects shall be authorized to continue to resell that power to residential customers within their service territories. After notice and public hearing, the commission may exempt electric distribution companies subject to this subsection from: (1) The requirement to transfer ownership of generation and transmission facilities to affiliated companies pursuant to subsection (a) of this section; and (2) The prohibition against selling electricity at retail pursuant to subsection (d) of this section with respect to sales within the service territory of the electric distribution company, if it determines that the exemptions are in the public interest.
(h) With the exception of the requirements of the standard offer set forth in § 39-1-27.3(e) and (f) and retail electric licensing commission plan requirements pursuant to § 39-1-27.1, nothing in this section shall be construed or interpreted to constrain the application of antitrust laws to nonregulated power producers, whether affiliated or not with an electric distribution company.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 357, § 1.
(a) The retail electric licensing commission shall, by January 1, 1997, submit a plan to the legislature that shall include, but not be limited to, the following:
(1) A recommendation for taxing and/or assessing electric distribution companies, electric transmission companies, and nonregulated power producers;
(2) Recommendations regarding changes to the regional power pool that would facilitate the creation of an independent system operator and voluntary power exchange; and
(3) Proposals for consumer protections, access to books and records, and other requirements the retail electric licensing commission determines to be reasonable, necessary, and in the public interest.
(b)(1) On or before January 1, 1997, the public utilities commission shall establish regulations applicable to nonregulated power producers that are selling electricity in this state that are necessary to meet (directly or through contract) the operating and reliability standards of the regional power pool.
(2) In addition, the public utilities commission shall participate in all proceedings before the Federal Energy Regulatory Commission with respect to the modification and/or termination of wholesale all requirements contracts in place as of January 1, 1996, between electric-distribution companies operating in this state and their affiliated power suppliers. The purpose of this participation is to ensure that termination fees payable by ultimate customers in this state are determined in accordance with the provisions of § 39-1-27.4. To facilitate this participation, the public utilities commission is authorized to assess electric-distribution companies under its jurisdiction for its reasonable expenses incurred in connection with its participation in those proceedings, up to a maximum of one hundred thousand dollars ($100,000) per year, which assessments shall be in addition to all other assessments authorized by this title.
(3) On January 1, 1998, and annually for the next four (4) years thereafter, the public utilities commission shall transmit to the governor, the speaker of the house, and the president of the senate, a report detailing: developments in the competitive power supply market in this state; estimated savings realized by customers as a result of the introduction of retail competition in the power supply market; progress towards implementation of a regional transmission agreement for New England and other reforms implemented by the regional power pool; and the status of electric industry restructuring activities in the other New England states and any recommendations for statutory changes.
(c) All nonregulated power producers seeking to engage in the retail sale of electricity in this state must file with the division of public utilities and carriers a notarized registration application that includes the information identified below and any additional information required by the division of public utilities and carriers pursuant to regulations issued to protect the public interest in connection with the registration of entities seeking to sell electricity at retail:
(1) Legal name;
(2) Business address;
(3) The name of the state where organized; the date of organization; a copy of the articles of incorporation, association, partnership agreement, or other similar document regarding legal organization;
(4) Name and business address of all officers and directors, partners, or other similar officials;
(5) Name, title, and telephone number of customer-service contact person;
(6) Name, title, and telephone number of regulatory contact person;
(7) Name, title, and address of registered agent for service of process;
(8) Brief description of the nature of business being conducted; and
(9) Evidence of financial soundness, except those nonregulated power producers that may be obligated entities under § 39-26-2(17) shall provide security such as a surety bond or other financial instrument showing evidence of liquid funds, such as a certificate of deposit, an irrevocable letter of credit, a line of credit, a loan, or guarantees in an amount specified by the division, pursuant to rules and regulations promulgated by the division on or before February 1, 2017, provided that the amount be not less than twenty-five thousand dollars ($25,000), nor more than five hundred thousand dollars ($500,000). The financial instrument shall name the public utilities commission and division of public utilities and carriers as obligees. Financial security shall be reviewed each year at the time a nonregulated power producer makes its annual filing. The financial security shall be available to satisfy penalties assessed by the division for violations of any consumer-protection rules or laws related to nonregulated power producers; refunds ordered by the division; or failure to comply with the provisions of chapter 26 of this title, as determined by the public utilities commission. Payments made pursuant to this subsection for violation of the provisions of § 39-26-4 shall be forfeited, and shall be remitted to the renewable energy development fund established in § 39-26-7, or any successor funds, and all other forfeitures will be remitted to the state’s general fund.
(d) Copies of all filings pursuant to subsection (c) shall be served upon the commission and all electric distribution companies. Updated information shall be filed within ten (10) days of any change to the information included in a registration application, as filed or previously updated. Registration applications filed pursuant to subsection (c) shall become effective thirty (30) days after filing with the division, unless rejected during the thirty-day (30) period. If the division should reject a registration application, it shall specify the applicable reasons in writing and, if practicable, identify alternative ways to overcome any deficiencies. After an opportunity of a hearing, the division may rescind a nonregulated power producer’s registration for cause. Nonregulated power producers shall be authorized to do business in this state after their registration becomes effective and while it remains in good standing.
(e) A filing fee of one hundred dollars ($100) shall accompany all registration applications filed pursuant to subsection (c). Nonregulated power producers shall thereafter renew their registrations with the division on an annual basis. Applications for renewal shall be filed before the close of business on December 31 of each calendar year. Applications for renewal shall specify any changes in previously filed registration information. A filing fee of one hundred dollars ($100) shall accompany all applications for renewal of nonregulated power producer status.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 2001, ch. 258, § 1; P.L. 2001, ch. 398, § 1; P.L. 2016, ch. 483, § 1; P.L. 2016, ch. 497, § 1; P.L. 2019, ch. 274, § 1; P.L. 2019, ch. 281, § 1.
[Repealed]
History of Section. P.L. 1996, ch. 315, § 1; Repealed by P.L. 2006, ch. 216, § 10, effective July 3, 2006.
(a) To promote economic development and the creation and preservation of employment opportunities within the state, each electric distribution company, except Pascoag Utility District and the Block Island Utility District, a quasi-municipal corporation, district, and subdivision of the state (“electric distribution company”), shall offer retail access from nonregulated power producers to all customers.
(b) Through year 2009, and effective July 1, 2007, through year 2020, each electric distribution company shall arrange for a standard power-supply offer (“standard offer”) to customers that have not elected to enter into power-supply arrangements with other nonregulated power suppliers. The rates that are charged by the electric distribution company to customers for standard-offer service shall be approved by the commission and shall be designed to recover the electric distribution company’s costs and no more than the electric distribution company’s costs; provided, that the commission may establish and/or implement a rate that averages the costs over periods of time. The electric distribution company shall not be entitled to recover any profit margin on the sale of standard-offer power, except with approval of the commission as may be necessary to implement, fairly and effectively, system reliability and least-cost procurement. The electric distribution company will be entitled to recover its costs incurred from providing the standard offer arising out of: (1) Wholesale standard-offer supply agreements with power suppliers in effect prior to January 1, 2002; (2) Power-supply arrangements that are approved by the commission after January 1, 2002; (3) Power-supply arrangements made pursuant to §§ 39-1-27.3.1 and 39-1-27.8; and (4) Any other power-supply-related arrangements prudently made after January 1, 2002, to provide standard-offer supply or to mitigate standard-offer supply costs, including costs for system reliability, procurement, and least-cost procurement, as provided for in § 39-1-27.7. Subject to commission approval, the electric distribution company may enter into financial contracts designed to hedge fuel-related or other variable costs associated with power-supply arrangements and the costs of any such financial contracts shall be recoverable in standard-offer rates. The electric distribution company’s standard-offer revenues and its standard-offer costs shall be accounted for and reconciled with interest at least annually. Except as otherwise may be directed by the commission in order to accomplish purposes established by law, any over recoveries shall be refunded to customers in a manner directed by the commission, and any under recoveries shall be recovered by the electric distribution company through a uniform adjustment factor approved by the commission. The commission shall have the discretion to apply such adjustment factor in any given instance to all customers or to such specific class of customers that the commission deems equitable under the circumstances provided that the distribution company recovers any under recovery in its entirety. Once a customer has elected to enter into a power-supply arrangement with a nonregulated power producer, the electric distribution company shall not be required to arrange for the standard offer to such customer except as provided in § 39-1-27.3.1. No customer who initially elects the standard offer and then chooses an alternative supplier shall be required to pay any withdrawal fee or penalty to the provider of the standard offer unless such a penalty or withdrawal fee was agreed to as part of a contract; however, no residential customer shall be required to pay a penalty or withdrawal fee for choosing an alternative supplier. Nothing in this subsection shall be construed to restrict the right of any nonregulated power producer to offer to sell power to customers at a price comparable to that of the standard offer specified pursuant to this subsection. The electric distribution company may not terminate an existing standard-offer wholesale supply agreement without the written consent of the division.
(c) In recognition that electricity is an essential service, each electric distribution company shall arrange for a last-resort power supply for customers who have left the standard offer for any reason and are not otherwise receiving electric service from nonregulated power producers. The electric distribution company shall procure last-resort service supply from wholesale power suppliers. Prior to acquiring last-resort supply, the electric distribution company will file with the commission a supply acquisition plan or plans that include the acquisition procedure, the pricing options being sought, and a proposed term of service for which last-resort service will be acquired. The term of service may be short- or long-term and acquisitions may occur from time to time and for more than one supplier for segments of last-resort service load over different terms, if appropriate. All the components of the acquisition plans, however, shall be subject to commission review and approval. Once an acquisition plan is approved by the commission, the electric distribution company shall be authorized to acquire last-resort service supply consistent with the approved acquisition plan and recover its costs incurred from providing last-resort service pursuant to the approved acquisition plan. The commission may periodically review the acquisition plan to determine whether it should be prospectively modified due to changed market conditions. The commission shall have the authority and discretion to approve special tariff conditions and rates proposed by the electric distribution company that the commission finds are in the public interest, including without limitation: (1) Short- or long-term optional service at different rates; (2) Term commitments or notice provisions before individual customers leave last-resort service; (3) Last-resort service rates for residential or any other special class of customers that are different than the rates for other last-resort customers; and/or (4) Last-resort service rates that are designed to encourage any class of customers to return to the market. The electric distribution company’s last-resort service revenues and its last-resort service costs shall be accounted for and reconciled with interest at least annually. Any over recoveries shall be refunded and any under recoveries shall be recovered by the electric distribution company through a uniform adjustment factor approved by the commission. The commission shall have the discretion to apply such adjustment factor in any given instance to all customers or to such specific class of customers that the commission deems equitable under the circumstances provided that the distribution company recovers any under recovery in its entirety. Nothing in this section shall be construed to prohibit an electric distribution company from terminating service provided hereunder in accordance with commission rules and regulations in the event of nonpayment of this service. The commission may promulgate regulations to implement this section including the terms and conditions upon which last-resort service is offered and provided to customers.
(d) If a customer being served by a nonregulated power producer pays any taxes assessed for electric service to the electric distribution company and the electric distribution company forwards such tax payment for the power portion of the bill to a nonregulated power producer for payment by the nonregulated power producer to the state, neither the customer nor the electric distribution company shall be liable for such taxes forwarded if the nonregulated power producer fails to remit such taxes to the state for any reason.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 103; P.L. 1997, ch. 357, § 1; P.L. 2002, ch. 144, § 1; P.L. 2006, ch. 236, § 5; P.L. 2006, ch. 237, § 5; P.L. 2015, ch. 77, § 1; P.L. 2015, ch. 90, § 1; P.L. 2023, ch. 109, § 1, effective June 19, 2023; P.L. 2023, ch. 110, § 1, effective June 19, 2023.
(a) The commission may, notwithstanding the provisions of § 39-1-27.3, allow customers no longer eligible for standard-offer service to return to standard-offer service, subject to the process set forth in this section. The process shall be as follows: The commission shall hold hearings to determine whether there is a sufficient presence of nonregulated power producers offering reasonably priced power-supply service to customers in Rhode Island. If the commission determines that these market conditions are not present, the commission shall direct the electric distribution company to prepare and file a plan that creates an option for customers to return to the standard offer, including terms and conditions for customers returning and the manner in which the power supply will be procured. This plan may include term commitments or notice provisions before nonresidential customers are permitted to leave standard-offer service once they return. The commission shall conduct a hearing to review the electric distribution company’s plan and issue an order approving the plan, including any modifications the commission deems appropriate.
(b) Once the plan is approved by the commission, the electric distribution company and the division shall jointly prepare a request for power-supply proposals (“RFP”) consistent with the commission’s order, develop reasonable bidder qualifications, issue the RFP, review the bids, and jointly select a winning bidder or bidders to supply power. If the electric distribution company and the division mutually agree that the bids are unreasonably high, they shall have the discretion to reject all bids and re-issue an RFP at a later date that they deem appropriate. If the electric distribution company and the division cannot agree on any matter, the dispute shall be submitted to the commission for resolution. Once the winning bidder or bidders are selected, a supply contract or contracts on terms reasonably acceptable to the distribution company and the division will be executed by the electric distribution company and no further regulatory approval shall be required. However, the results of the bidding process shall be filed with the commission.
(c) All of the costs associated with the new supply contract(s) will be recovered through standard-offer rates and the electric distribution company’s fully reconciling adjustment provision.
(d) The standard-offer rates for the residential customers returning to the standard offer shall be the same as the standard-offer rate paid by all other standard-offer customers. The standard-offer rates for the nonresidential customers returning to the standard offer shall be determined by the commission after the commission reviews the costs of the power supply resulting from the bid process. The rate for nonresidential customers returning to the standard offer may differ from those of other customers, if the commission deems the rate differential to be appropriate.
(e) Any customer returning to the standard offer may not enter into any agreement to use standard-offer service to arbitrage the market with any supplier while the customer is on the standard offer and it shall be unlawful for any nonregulated power producer to enter into such an agreement.
(f) Nothing in this section shall be construed to create a legally enforceable entitlement for any supplier to require the electric distribution company to select any particular bid and/or sign a contract with the supplier.
(g) The requirements set forth in this section shall not apply to Pascoag Fire District or Block Island Power Company.
History of Section. P.L. 2002, ch. 144, § 2.
(a) An electric distribution company that purchases power at wholesale from a wholesale power supplier under an all-requirements contract shall be authorized to execute an agreement terminating, in whole or in part, such all-requirements contracts on terms that require payment of a contract termination fee complying with the requirements in subsection (b) and notwithstanding any other provisions of this title, shall be allowed to recover the payment through a nonbypassable transition charge paid by all customers of the electric distribution company. Any nonregulated power producer may pay all or a part of its customers’ transition charges.
(b) The contract termination fee paid by the electric distribution company to its wholesale power supplier shall include the electric distribution company’s share of its wholesale supplier’s costs associated with the following:
(1) Regulatory assets related to the generation business that include costs for which recovery has been deferred to the future in accordance with prior rate cases or settlements approved by regulators, or consistent with regulatory precedent; regulatory assets of affiliated fuel suppliers; and transition obligations for post-retirement healthcare costs of the wholesale supplier; and
(2) Nuclear obligations including decommissioning costs and nuclear costs independent of operation. Transition costs attributable to nuclear decommissioning must be deposited in unit-specific decommissioning trust funds or returned to customers if not needed. Nuclear costs independent of operation shall mean estimated nuclear operation and maintenance expenses that would be incurred assuming the nuclear units were to permanently cease operating on December 31, 1997; and
(3) Above-market payments to power suppliers for purchased power contracts of the wholesale power supplier in place as of December 31, 1995, together with reasonable payments of the wholesale power supplier to buy out of these contracts or to reduce payments pursuant to them; and
(4) The net unrecovered commitments and capital costs of all generating plants owned directly or indirectly by the electric distribution company and its wholesale power supplier as of December 31, 1995, whether or not the generating plants are operating, including natural gas conversion costs and above-market pipeline demand charges. Except as provided above, no operation or maintenance expenses associated with existing fossil-fired or hydroelectric generating facilities may be included in contract termination fees to be recovered by electric distribution companies from customers through transition charges.
(c) Because of the uncertainty associated with the timing and amounts to be paid pursuant to subsections (b)(2) (with the exception of nuclear costs independent of operation) and (b)(3), the termination fee to the wholesale supplier and the related transition charge to the electric distribution company’s customers shall continue until these liabilities have been satisfied with an annual reconciliation of estimated to actual expenses. Because the items specified in subsections (b)(1) and (b)(4) can be determined with certainty or reasonably estimated and the nuclear costs independent of operation can be reasonably estimated, no annual reconciliation is necessary for these items. However, to moderate the rate impact of these items, recovery through the transition charge will be spread over the period from July 1, 1997, through December 31, 2009, with a return on the unamortized balance as specified in subsection (d); effective January 1, 2010, there shall be no allowance for these items in the transition charges billed by electric distribution companies.
(d) In recognition of the potential for a positive residual value of existing generating facilities at the conclusion of the amortization period in the year 2010, the return on equity allowed on the unamortized balance of subsections (b)(1) and (b)(4) paid to the wholesale supplier and recoverable from customers of the electric distribution company shall be limited to one percentage point plus the average rate of return on BBB-rated long-term utility bonds issued during the six-month (6) period July through December, 1996.
(e) Notwithstanding any other provisions of this section, other than subsection (g), for the period July 1, 1997, to December 31, 2000, the nonbypassable transition charge implemented by the electric distribution company shall recover an amount equal to two and eight-tenths of a cent (2.8¢) per kilowatt-hour transmitted or distributed. After the year 2000, the transition charge recoverable from customers shall be established by the commission in an amount sufficient to recover the costs authorized in this section with an adjustment for any over or under recoveries of the contract termination fees occurring during the period July 1, 1997, to December 31, 2000. The adjustment under this subsection shall be made in a manner the commission determines appropriate.
(f) Any wholesale power supplier receiving contract termination fees with respect to power-purchase contracts pursuant to subsection (b)(3) shall offer to sell, buy down, or assign to others, through either public bid or private negotiation, at least the portion of the contracts attributable to its affiliated electric distribution company. To the extent that bids received or terms negotiated would, on an expected value basis, lower the transition charges paid by ultimate customers in Rhode Island, the wholesaler power supplier shall use all reasonable means to consummate the sale, buydown, or assignment and upon completion shall promptly file appropriate adjustments to the contract termination fees in place at that time. To provide an incentive for wholesale power suppliers to obtain the best possible terms for any sale, buydown, or assignment, they shall be allowed to retain ten percent (10%) of the savings expected to be realized by customers as a result of the sale, buydown, or assignment. The amount of any incentive payment shall be fixed at the time of the sale, buydown, or assignment based on estimated data and recovered in equal payments over the remaining term of the related power-purchase contract with appropriate adjustments for the time value of money.
(g) Every wholesale power supplier receiving contract termination fees pursuant to this section shall, subject to receipt of all necessary regulatory approvals, subject its electric-generating facilities, other than nuclear units or entitlements, as of January 1, 1996, to a form of market valuation through lease, sale, spin-off, or other method. The wholesale power supplier shall select the valuation methodology utilized which may be for all the generating facilities as a group, groups of generating facilities, or individual generating facilities. The wholesale power supplier shall meet its obligations under this section by leasing, selling, spinning off, or otherwise disposing of at least a fifteen percent (15%) interest in its electrical-generating facilities, other than nuclear units or entitlements; provided, however, if, pursuant to a requirement in connection with electric industry restructuring in another state prior to completion of the valuation pursuant to this subsection, a wholesale power supplier subject to this subsection is required to sell, spin-off, or otherwise dispose of more than a fifteen percent (15%) ownership interest in its electric-generating facilities, other than nuclear units or entitlements, then the same requirement, including related timing requirements, shall apply in the state and the market valuation resulting from fulfilling that requirement shall be used in determining the adjustment to the contract termination fee required by this subsection. Once the wholesale power supplier determines the percentage interest in its electrical-generating facilities that it will lease, sell, spin-off, or otherwise submit to market valuation to meet its obligation under this subsection, the company shall develop an implementation methodology to accomplish the lease, sale, spin-off, or other disposition of interest that is reasonably likely to approximate the market value of the generation assets. The implementation methodology shall be filed with the commission on or before July 1, 1997, for the commission to review and approve or reject no later than ninety (90) days after submittal. The commission shall approve the implementation methodology unless the commission finds, after public hearing, the methodology is not reasonably likely to approximate the market value of the company’s generating assets, taking into consideration the restrictions included in mortgage indentures and the need to satisfy the requirements of regulatory authorities outside the state. Promptly after commission approval of the implementation methodology, companies subject to this section must submit, for regulatory review, applications for the approvals necessary to commence such valuation. In addition, companies subject to this section shall also provide the commission with quarterly status reports on the progress of proceedings before other regulatory agencies associated with the implementation of this section. The valuation required by this section shall be completed within six (6) months after: (1) Retail access is available to forty percent (40%) or more of the kilowatt-hour sales in New England or (2) The receipt of all necessary regulatory approval for the valuation, whichever occurs later; provided, however, the commission may extend the deadline for completing the valuation by no more than six (6) months if it determines that an extension is in the public interest. Upon completion of the valuation, the wholesale power supplier, together with its affiliated electric distribution company shall file to adjust the contract termination fees in place at the time the valuation is complete as necessary to reflect the electric distribution company’s share of the market valuation in the transition charge paid by ultimate customers in Rhode Island. Any adjustment shall be net of the estimated revenue lost by the wholesale power supplier as a result of retail access during the period prior to completion of such valuation, the electric distribution company’s share of prudently incurred capital investments made after December 31, 1995, which were reasonably necessary to (i) Enable the electrical-generating facilities to operate safely and in compliance with applicable laws and regulations, (ii) Improve environmental performance or to increase fuel diversity or flexibility, with regulatory authorization, reasonable transaction costs, (including the cost of refinancing), and revenue lost as a result of the reduced return on equity specified in subsection (d). For purposes of this section, the unreduced return on equity that will be used prospectively and to value the revenue lost prior to the adjustment shall be the return on equity allowed to the wholesale power supplier’s affiliated electric distribution company as of December 31, 1995, and shall be included in the wholesale power supplier’s overall capital structure following the valuation. Any adjustment to the contract termination fee pursuant to this subsection shall be reflected in the termination fee otherwise calculated in accordance with subsection (b) as a uniform adjustment spread equally over the period beginning with the date the adjustment is made and ending December 31, 2009.
History of Section. P.L. 1996, ch. 316, § 1.
[Repealed]
History of Section. P.L. 1996, ch. 316, § 1; Repealed by P.L. 2006, ch. 216, § 10, effective July 3, 2006.
(a) An electric distribution company must conduct its business to conform with the standards of conduct specified in subsections (b) through (e).
(b)(1) Except as provided in subsection (b)(2) and as authorized by the commission pursuant to § 39-1-27(g), the employees of the electric distribution company engaged in distribution-system operations must function independently of its employees, or the employees of any of its affiliates, who are engaged in the business of a nonregulated power producer.
(2) Notwithstanding any other provisions in this section, in emergency circumstances affecting system reliability, electric distribution companies may take whatever steps are necessary to keep the system in operation. Electric distribution companies must report to the commission each emergency that resulted in any deviation from the standards of conduct, within twenty-four (24) hours of such deviation.
(c)(1) Any employee of any affiliate of an electric distribution company who is engaged in the business of a nonregulated power producer is prohibited from: conducting distribution-system operations or reliability functions; and having access to the system control center or similar facilities used for distribution operations or reliability functions that differs in any way from the access available to other nonregulated power producers.
(2) Employees engaged in either an affiliated nonregulated power producer function or an electric distribution function are not precluded from transferring between such functions as long as such transfer is not used as a means to circumvent the standards of conduct of this section. Notices of any employee transfer to or from electric distribution company operation or reliability functions must be reported to the commission. The information to be reported must include: the name of the transferring employee; the respective titles held while performing each function (i.e., on behalf of the electric distribution company and the nonregulated power producer); and the effective date of the transfer.
(3) Any employee of any affiliate of an electric distribution company who is engaged in the nonregulated power producer function must not have preferential access to any information about the electric distribution company’s distribution system that is not available to all nonregulated power producers.
(4) An electric distribution company is responsible for ensuring that any employee of the electric distribution company may not disclose to employees of any affiliate engaged in a nonregulated power producer function any information concerning the distribution system of the electric distribution company or the distribution system of another (including information received from nonaffiliates or information about distribution-system operations, capability, price, curtailments, auxiliary services, and the like) through nonpublic communications that is not at the same time available to all nonregulated power producers without restriction. If an employee of the electric distribution company engaged in distribution-system operations or reliability functions discloses information in a manner contrary to the requirements of the standards of conduct, the electric distribution company must immediately report that information to the commission. An electric distribution company may not share any market information acquired from nonaffiliated, nonregulated power producers or developed in the course of responding to requests for distribution service with any employee of an affiliate engaged in a nonregulated power producer function.
(5) All employees of the electric distribution company must apply all tariff provisions in a fair and impartial manner that treats all customers (including those of an affiliated nonregulated power producer) in a nondiscriminatory manner. The electric distribution company may not offer a discount on purchases of distribution service where this discount is conditioned upon customers purchasing power from a nonregulated power producer that is affiliated with the electric distribution company, nor shall an electric distribution company give preferences of any type in the provision of distribution service for customers purchasing power supply from a nonregulated power producer that is affiliated with the electric distribution company.
(d) An electric distribution company must maintain its books of accounts and records separately from those of its affiliates and these must be available for commission inspection.
(e) The electric distribution company must maintain in a public place, and file with the commission, current written procedures implementing the standards of conduct in such detail as will enable customers and the commission to determine that the electric distribution company is in compliance with the requirements of this section.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 2002, ch. 144, § 1.
(a) Least-cost procurement shall comprise system reliability and energy efficiency and conservation procurement, as provided for in this section, and supply procurement, as provided for in § 39-1-27.8, as complementary but distinct activities that have as common purpose meeting electrical and natural gas energy needs in Rhode Island, in a manner that is optimally cost-effective, reliable, prudent, and environmentally responsible.
(b) The commission shall establish not later than June 1, 2008, standards for system reliability and energy efficiency and conservation procurement that shall include standards and guidelines for:
(1) System reliability procurement, including but not limited to:
(i) Procurement of energy supply from diverse sources, including, but not limited to, renewable energy resources as defined in chapter 26 of this title;
(ii) Distributed generation, including, but not limited to, renewable energy resources and thermally leading combined heat and power systems, that is reliable and is cost-effective, with measurable, net system benefits;
(iii) Demand response, including, but not limited to, distributed generation, back-up generation, and on-demand usage reduction, that shall be designed to facilitate electric customer participation in regional demand response programs, including those administered by the independent service operator of New England (“ISO-NE”), and/or are designed to provide local system reliability benefits through load control or using on-site generating capability;
(iv) To effectuate the purposes of this division, the commission may establish standards and/or rates (A) For qualifying distributed generation, demand response, and renewable energy resources; (B) For net metering; (C) For back-up power and/or standby rates that reasonably facilitate the development of distributed generation; and (D) For such other matters as the commission may find necessary or appropriate.
(2) Least-cost procurement, which shall include procurement of energy efficiency and energy conservation measures that are prudent and reliable and when such measures are lower cost than acquisition of additional supply, including supply for periods of high demand.
(c) The standards and guidelines provided for by subsection (b) shall be subject to periodic review and as appropriate amendment by the commission, which review will be conducted not less frequently than every three (3) years after the adoption of the standards and guidelines.
(d) To implement the provisions of this section:
(1) The commissioner of the office of energy resources and the energy efficiency and resources management council, either jointly or separately, shall provide the commission findings and recommendations with regard to system reliability and energy efficiency and conservation procurement on or before March 1, 2008, and triennially on or before March 1 thereafter through March 1, 2028. The report shall be made public and be posted electronically on the website of the office of energy resources.
(2) The commission shall issue standards not later than June 1, 2008, with regard to plans for system reliability and energy efficiency and conservation procurement, which standards may be amended or revised by the commission as necessary and/or appropriate.
(3) The energy efficiency and resources management council shall prepare by July 15, 2008, a reliability and efficiency procurement opportunity report that shall identify opportunities to procure efficiency, distributed generation, demand response, and renewables and that shall be submitted to the electrical distribution company, the commission, the office of energy resources, and the joint committee on energy.
(4) Each electrical and natural gas distribution company shall submit to the commission on or before September 1, 2008, and triennially on or before September 1 thereafter through September 1, 2028, a plan for system reliability and energy efficiency and conservation procurement. In developing the plan, the distribution company may seek the advice of the commissioner and the council. The plan shall include measurable goals and target percentages for each energy resource, pursuant to standards established by the commission, including efficiency, distributed generation, demand response, combined heat and power, and renewables. The plan shall be made public and be posted electronically on the website of the office of energy resources, and shall also be submitted to the general assembly.
(5) The commission shall issue an order approving all energy-efficiency measures that are cost-effective and lower cost than acquisition of additional supply, with regard to the plan from the electrical and natural gas distribution company, and reviewed and approved by the energy efficiency and resources management council, and any related annual plans, and shall approve a fully reconciling funding mechanism to fund investments in all efficiency measures that are cost-effective and lower cost than acquisition of additional supply, not greater than sixty (60) days after it is filed with the commission.
(6)(i) Each electrical and natural gas distribution company shall provide a status report, which shall be public, on the implementation of least-cost procurement on or before December 15, 2008, and on or before February 1, 2009, to the commission, the division, the commissioner of the office of energy resources, and the energy efficiency and resources management council which may provide the distribution company recommendations with regard to effective implementation of least-cost procurement. The report shall include the targets for each energy resource included in the order approving the plan and the achieved percentage for energy resource, including the achieved percentages for efficiency, distributed generation, demand response, combined heat and power, and renewables, as well as the current funding allocations for each eligible energy resource and the businesses and vendors in Rhode Island participating in the programs. The report shall be posted electronically on the website of the office of energy resources.
(ii) Beginning on November 1, 2012, or before, each electric distribution company shall support the installation and investment in clean and efficient combined heat and power installations at commercial, institutional, municipal, and industrial facilities. This support shall be documented annually in the electric distribution company’s energy-efficiency program plans. In order to effectuate this provision, the energy efficiency and resource management council shall seek input from the public, the gas and electric distribution company, the commerce corporation, and commercial and industrial users, and make recommendations regarding services to support the development of combined heat and power installations in the electric distribution company’s annual and triennial energy-efficiency program plans.
(iii) The energy-efficiency annual plan shall include, but not be limited to, a plan for identifying and recruiting qualified combined heat and power projects, incentive levels, contract terms and guidelines, and achievable megawatt targets for investments in combined heat and power systems. In the development of the plan, the energy efficiency and resource management council and the electric distribution company shall factor into the combined heat and power plan and program, the following criteria: (A) Economic development benefits in Rhode Island, including direct and indirect job creation and retention from investments in combined heat and power systems; (B) Energy and cost savings for customers; (C) Energy supply costs; (D) Greenhouse gas emissions standards and air quality benefits; and (E) System reliability benefits.
(iv) The energy efficiency and resource management council shall conduct at least one public review meeting annually, to discuss and review the combined heat and power program, with at least seven (7) business days’ notice, prior to the electric and gas distribution utility submitting the plan to the commission. The commission shall evaluate the submitted combined heat and power program as part of the annual energy-efficiency plan. The commission shall issue an order approving the energy-efficiency plan and programs within sixty (60) days of the filing.
(e) If the commission shall determine that the implementation of system reliability and energy efficiency and conservation procurement has caused, or is likely to cause, under or over-recovery of overhead and fixed costs of the company implementing the procurement, the commission may establish a mandatory rate-adjustment clause for the company so affected in order to provide for full recovery of reasonable and prudent overhead and fixed costs.
(f) The commission shall conduct a contested case proceeding to establish a performance-based incentive plan that allows for additional compensation for each electric distribution company and each company providing gas to end-users and/or retail customers based on the level of its success in mitigating the cost and variability of electric and gas services through procurement portfolios.
(g)(1) The office of energy resources shall conduct a study and analysis of the electric and gas distribution company’s state energy efficiency programs that will examine implemented program and planned conservation measures and review and confirm the claimed energy savings. In carrying out this study, the office shall utilize a representative sample of different customer classes and measures that have and/or will be participating in the state energy efficiency programs. At a minimum, the study performed by the office of energy resources shall include the following in its scope of work:
(i) Independently review and summarize the electric and gas distribution company process for incorporating results from completed evaluation studies into ongoing energy efficiency program reporting and implementation.
(ii) Conduct an independent review of gas and electricity efficiency programs, which may include billing analysis techniques. The scope and subjects of this analysis will be decided by the working group with input and advice from an independent consultant. The analysis will be conducted by a qualified independent consultant using industry accepted methods.
(iii) Review the data-collection practices, including metering equipment used; sampling frequency; sample sizes; and data validation procedures, and the methods for data analysis employed, as deemed appropriate by the independent evaluator.
(iv) Study results and recommendations will be presented to the public utilities commission and the energy efficiency and resource management council.
(2) The office of energy resources shall consult with the working group in development of the request for proposals (RFP), and during the course of the study, including the preliminary study results. The working group shall be comprised of one representative from each of the following groups chosen by the office of energy resources:
(i) Large commercial and industrial energy users;
(ii) Small business energy users;
(iii) Residential energy users;
(iv) Municipal and state energy users;
(v) Low-income energy users;
(vi) Electric and gas distribution company; and
(vii) Energy efficiency and resource management council.
(3) The office of energy resources, in consultation with the electric and gas distribution company and representatives referenced in subsection (g)(2), shall be authorized to hire an energy consulting company or firm to carry out the energy efficiency verification study. The costs associated with this study, including, but not limited to, those associated with the consultant or firm contract and reasonable administrative costs incurred by the office in the execution of subsection (g) of this section, shall be recoverable through the system benefit charge subject to commission approval. Funding shall be transferred from the electric and gas distribution utility to the office of energy resources upon request by the office.
(4) The office of energy resources shall submit this report on or before October 30, 2019, to the governor, the president of the senate, and the speaker of the house. The office and its selected energy consulting company or firm shall host two (2) public presentations on the preliminary and final results of the study.
History of Section. P.L. 2006, ch. 236, § 6; P.L. 2006, ch. 237, § 6; P.L. 2007, ch. 6, § 1; P.L. 2010, ch. 15, § 2; P.L. 2010, ch. 17, § 2; P.L. 2012, ch. 241, art. 4, § 13; P.L. 2012, ch. 363, § 1; P.L. 2012, ch. 380, § 1; P.L. 2015, ch. 141, art. 14, § 5; P.L. 2018, ch. 79, § 1; P.L. 2018, ch. 97, § 1; P.L. 2021, ch. 223, § 1, effective July 8, 2021; P.L. 2021, ch. 224, § 1, effective July 8, 2021.
(a) The general assembly finds and declares that electricity and gas revenues shall be fully decoupled from sales pursuant to the provisions of this chapter and further finds and declares that any decoupling proposal submitted by an electric distribution company as defined in § 39-1-2(a)(12) or gas distribution company included as a public utility in § 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers, shall be for the following purposes:
(1) Increasing efficiency in the operations and management of the electric and gas distribution system;
(2) Achieving the goals established in the electric distribution company’s plan for system reliability and energy efficiency and conservation procurement as required pursuant to § 39-1-27.7(d);
(3) Increasing investment in least-cost resources that will reduce long-term electricity demand;
(4) Reducing risks for both customers and the distribution company including, but not limited to, societal risks, weather risks, and economic risks;
(5) Increasing investment in end-use energy efficiency;
(6) Eliminating disincentives to support energy-efficiency programs;
(7) Facilitating and encouraging investment in utility infrastructure, safety, and reliability; and
(8) Considering the reduction of fixed, recurring customer charges and transition to increased unit charges that more accurately reflect the long-term costs of energy production and delivery.
(b) Each electric distribution company as defined by § 39-1-2(a)(12) and gas distribution company included as a public utility in § 39-1-2(a)(20) having greater than one hundred thousand (100,000) customers shall file proposals at the commission to implement the policy set forth in subsection (a) of this section. The commission shall approve these proposals, provided they contain the features and components set forth in subsection (c) of this section, and that they are consistent with the intent and objectives contained in subsection (a) of this section. Actions taken by the commission in the exercise of its ratemaking authority for electric and gas rate cases shall be within the norm of industry standards and recognize the need to maintain the financial health of the distribution company as a stand-alone entity in Rhode Island.
(c) The proposals shall contain the following features and components:
(1) A revenue decoupling reconciliation mechanism that reconciles annually the revenue requirement allowed in the company’s base distribution-rate case to revenues actually received for the applicable twelve-month (12) period. Any revenues over-recovered or under-recovered shall be credited to, or recovered from, customers, as applicable; and
(2) An annual infrastructure, safety, and reliability spending plan for each fiscal year and an annual rate-reconciliation mechanism that includes a reconcilable allowance for the anticipated capital investments and other spending pursuant to the annual pre-approved budget as developed in accordance with subsection (d) of this section.
(d) Prior to the beginning of each fiscal year, gas and electric distribution companies shall consult with the division of public utilities and carriers regarding their infrastructure, safety, and reliability spending plan for the following fiscal year, addressing the following categories:
(1) Capital spending on utility infrastructure;
(2) For electric distribution companies, operation and maintenance expenses on vegetation management;
(3) For electric distribution companies, operation and maintenance expenses on system inspection, including expenses from expected resulting repairs; and
(4) Any other costs relating to maintaining safety and reliability that are mutually agreed upon by the division and the company.
The distribution company shall submit a plan to the division and the division shall cooperate in good faith to reach an agreement on a proposed plan for these categories of costs for the prospective fiscal year within sixty (60) days. To the extent that the company and the division mutually agree on a plan, such plan shall be filed with the commission for review and approval within ninety (90) days. If the company and the division cannot agree on a plan, the company shall file a proposed plan with the commission and the commission shall review and, if the investments and spending are found to be reasonably needed to maintain safe and reliable distribution service over the short and long term, approve the plan within ninety (90) days.
(e) The commission shall have the following duties and powers, in addition to its existing authorities established in this title:
(1) To maintain reasonable and adequate service-quality standards, after decoupling, that are in effect at the time of the proposal and were established pursuant to § 39-3-7.
(2) The commission may exclude the low-income rate class from the revenue decoupling reconciliation-rate mechanism for either electric or gas distribution. The commission also may exclude customers in the large commercial and industrial rate class from the gas-distribution mechanism.
(3) The commission may adopt performance incentives for the electric distribution company that provide a shared-savings mechanism whereby the company would receive a percentage of savings realized as a result of achieving the purposes of this section while the remaining savings are credited to customers.
(4) The commission shall review and approve, with any necessary amendments, performance-based, energy-savings targets developed and submitted by the Rhode Island energy efficiency and resources management council. The performance-based targets shall also be used as a consideration in any shared-savings mechanism established by the commission pursuant to subsection (e)(3) of this section.
(f) The Rhode Island energy efficiency and resources management council shall propose performance-based, energy-savings targets to the commission no later than September 1, 2010. The targets shall include, but not be limited to, specific energy kilowatt-hour savings overall and peak-demand savings for both summer and winter peak periods expressed in total megawatts as well as appropriate targets recommended in the opportunities report filed with the commission pursuant to § 39-1-27.7(d)(3). The council shall revise, as necessary, these targets on an annual basis prior to the reconciliation process established pursuant to subsection (c) of this section and submit its revisions to the commission for approval.
(g) Reporting. Every electric distribution company, as defined in subsection (a) of this section, shall report to the governor, general assembly, division of public utilities and carriers, and public utilities commission on or before September 1, 2012. The report shall include, but not be limited to, the following elements:
(1) A comparison of revenues from traditional rate regulation and how the revenues have differed as part of an approved decoupling structure;
(2) A summary of how the company is achieving the performance-based targets that may have been adopted pursuant to subsection (e)(4) of this section;
(3) A summary of any shared savings the company may have received pursuant to the performance incentives authorized in subsection (e)(3) of this section;
(4) A summary of how the company is achieving the service-quality standards required in subsection (e)(1) of this section;
(5) An overview of how decoupling is impacting revenue stabilization goals that have resulted from decoupling; and
(6) A summary of any customer education programs provided.
History of Section. P.L. 2010, ch. 15, § 1; P.L. 2010, ch. 17, § 1; P.L. 2016, ch. 451, § 1; P.L. 2016, ch. 452, § 1; P.L. 2023, ch. 107, § 1, effective June 19, 2023; P.L. 2023, ch. 108, § 1, effective June 19, 2023.
Each electric distribution company shall submit a proposed supply procurement plan or plans to the commission not later than March 1, 2009, and each March 1 thereafter through March 1, 2018. The supply procurement plan or plans shall be consistent with the purposes of least-cost procurement and shall, as appropriate, take into account plans and orders with regard to system reliability and energy efficiency and conservation procurement. The supply procurement plan or plans will include the acquisition procedure, the pricing options being sought, and a proposed term of service for which standard-offer service will be acquired. The term of service may be of various, staggered term lengths and acquisitions may occur from time to time and for more than one supplier for segments of standard-offer load over different terms, if appropriate. There also may be separate procurement plans for residential and nonresidential classes or separate plans among nonresidential classes. All the components of the procurement plans shall be subject to commission review and approval. Once a procurement plan is approved by the commission, the electric distribution company shall be authorized to acquire standard-offer service supply consistent with the approved procurement plan and recover its costs incurred from providing standard-offer service pursuant to the approved procurement plan. The commission may periodically review the procurement plan to determine whether it should be prospectively modified due to changed market conditions. The commission shall have the authority and discretion to establish eligibility criteria by rate class, and approve special tariff conditions and rates proposed by the electric distribution company that the commission finds are in the public interest, including, without limitation: (1) Short- and long-term optional service at different rates; (2) Term commitments or notice provisions before individual customers leave standard-offer service; (3) Standard-offer service rates for residential or any other special class of customers that are different than the rates for other standard-offer customers; (4) Time of use commodity pricing for specified classes of customers, except residential customers; provided, however, that the commission may establish pilot programs for time of use commodity pricing for residential customers; and/or (5) Standard-offer service rates that are designed to encourage any class of customers to purchase supply directly from the market.
History of Section. P.L. 2006, ch. 236, § 6; P.L. 2006, ch. 237, § 6.
In any commission inquiry into, or examination of, matters that relate to or could potentially impact any programs, functions, or duties of the office of energy resources and/or the energy efficiency and resources management council, including, but not limited to, those programs, functions and duties pursuant to this chapter and chapters 140, 140.1, 140.2, and 141 of title 42, the office of energy resources and the energy resources council shall be deemed, upon the formal request of the office or the council as appropriate, to be an interested party for all purposes, and as such, shall receive all notices and may file complaints, institute proceedings, and participate as a party in administrative hearings.
History of Section. P.L. 2006, ch. 236, § 6; P.L. 2006, ch. 237, § 6; P.L. 2020, ch. 79, art. 1, § 2.
(a) On or before January 2, 2007, each gas and electric distribution company shall submit to the commission a plan for affordable energy for low-income households, including very low-income households as defined in § 42-141-2 [repealed]. The plan shall provide for the implementation of the affordable energy fund and shall include provisions for discounted distribution rates and customer charges; payments on arrearages and unpaid balances by low-income households; and energy efficiency and weatherization, to the extent that funding is allocated by the commissioner pursuant to § 42-141-5(d) [repealed]. Any amendments or revisions to the plan after December 1, 2007, shall provide for referral of eligible households, as appropriate, to community action agencies or other entities designated by the office of energy resources for weatherization assistance.
(b) On or before April 30, 2007, the commission shall review the plan and issue an order with regard to the plan not later than May 31, 2007. The order shall be effective not later than November 1, 2007. The commission shall cause a review, and as appropriate an amendment, of the plan at least every three (3) years between July 1, 2007, and July 1, 2016.
(c) On or before November 1, 2007, each gas and electric distribution company shall implement an affordable energy plan in accordance with the order of the commission.
History of Section. P.L. 2006, ch. 236, § 6; P.L. 2006, ch. 237, § 6; P.L. 2007, ch. 51, § 1; P.L. 2007, ch. 66, § 1.
The commission shall authorize public housing authorities, created pursuant to chapter 25 or 26 of title 45, to participate in “business choice programs” provided the commission determines that the accounts are billed to and paid by a single housing provider; that the accounts are located on contiguous sites; that other applicable standards for program participation are met; and that such participation is reasonable and prudent.
History of Section. P.L. 2007, ch. 441, § 1.
(a) The Low Income Home Energy Assistance Program Enhancement Plan (hereinafter “LIHEAP Enhancement Plan”) is hereby created to supplement the federal Low Income Home Energy Assistance Program (“LIHEAP”) funding being received by customers of Rhode Island electric and gas distribution companies.
(b) Within a period of time sufficient to accomplish the purposes of this section, but not longer than ninety (90) days after the effective date of this chapter, the department of human services shall develop a recommended monthly “LIHEAP enhancement charge” rate for the following year and make a filing with the commission pursuant to this chapter recommending rates. Thereafter annually, but no later than October 15 of each year, the department shall make filings with the commission to recommend the LIHEAP enhancement charge rates for each class of electric and natural gas distribution company customer for the following year.
(c) A LIHEAP enhancement charge approved by the commission shall have the following limitations:
(1) For electric distribution company customers, the charge shall not be more than ten dollars ($10.00) per year.
(2) For natural gas distribution company customers, the charge shall not be more than ten dollars ($10.00) per year.
(3) The total projected annual revenue for the LIHEAP enhancement plan through charges to all electric and natural gas distribution company customers shall not exceed seven million five hundred thousand dollars ($7,500,000) and shall not be below six million five hundred thousand dollars ($6,500,000).
A minimum of five percent (5%) shall be allocated to provide assistance to customers who are seeking LIHEAP certification for the sole purpose of entering into an arrearage plan as defined in § 39-2-1(d)(2) between April 15 and September 30 of each year. Such customers must be a homeless family or individual transitioning from a shelter into housing and who have provided documentation acceptable to the department of human services. Any funds remaining at the end of the fiscal year shall be available for the upcoming winter season.
(d) The commission shall open a docket, to consider for approval, LIHEAP enhancement charge rates proposed by the department. In reviewing the recommended rates, the commission shall give due consideration to the recommendations of the department and the standards set forth in subsection (c). The commission shall issue a decision within sixty (60) days after said recommendations and report are filed with the commission establishing the enhancement plan charge rates.
(e) The electric or gas distribution company shall use the funds collected through this enhancement plan charge to provide a credit to customers’ accounts that are receiving federal LIHEAP assistance payments in a manner determined by the department of human services. The department of human services shall designate to the gas- or electric distribution company the qualifying customer accounts and the amounts to be credited to those customer accounts, provided that the total amount to be credited to those accounts shall be fully funded by, and not exceed, the total amount collected through the enhancement plan charge. The electric or gas distribution company’s added administrative expenses to process the credit assignments provided to it by the department of human services will be recoverable either from the LIHEAP enhancement charge or through a separate charge approved by the public utilities commission.
(f) As used in this section, “electric and natural gas distribution company” means a company as defined in § 39-1-2(a)(12), but not including the Block Island Power Company or the Pascoag Utility District.
History of Section. P.L. 2011, ch. 382, § 2; P.L. 2011, ch. 404, § 2; P.L. 2014, ch. 145, art. 14, § 2; P.L. 2016, ch. 125, § 1; P.L. 2016, ch. 137, § 1; P.L. 2017, ch. 451, § 15.
(a) The general assembly recognizes the importance of competitive choice in electric generation service.
(b) The commission may implement a purchase of receivables program where the electric distribution company purchases the receivables of a nonregulated power producer at a discount rate that is then offset from the monthly payments the electric distribution company makes to the nonregulated power producer if the commission finds that the benefits of the program to ratepayers would exceed the costs to ratepayers.
History of Section. P.L. 2018, ch. 102, § 1; P.L. 2018, ch. 108, § 1.
The commission and the division are authorized and empowered to apply for and receive and accept, in the name of the state, grants, of property, money, and services and other assistance offered or made available to them by any person, any political subdivision or entity, or any other agency, governmental or private, including the United States or any of its agencies and instrumentalities, which they may use for any purpose in furtherance of their powers and duties; provided, however, that acceptance of any grant shall not make the state in any manner legally or equitably liable to the donor relative to the use of the grant. The grants received shall not be covered into the general fund of the state, but shall be kept by the general treasurer in a separate fund for the commission and division and shall be paid out by him or her only upon receipt of properly authenticated vouchers signed by the chairperson of the commission or the administrator as appropriate, without the necessity of appropriation or reappropriation by the general assembly.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1996, ch. 316, § 1.
The administrator shall represent the state in proceedings before agencies of the federal government on all matters affecting public utility services rendered, or to be rendered, in this state, and shall participate with other governmental and private agencies in studying integration or coordination of power systems to achieve low generating and transmission costs and possible regionalization of regulation.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1.
Every ruling, decision, and order of a zoning board of review and of a building, gas, water, health, or electrical inspector of any municipality affecting the placing, erection, and maintenance of any plant, building, wires, conductors, fixtures, structures, equipment, or apparatus of any company under the supervision of the commission, shall be subject to the right of appeal by any aggrieved party to the commission within ten (10) days from the giving of notice of the ruling, decision, or order. The commission, after hearing, upon notice to all parties in interest, shall, as speedily as possible, determine the matter in question, weighing the consideration of public convenience, necessity, and safety against the consideration of public zoning, and shall have jurisdiction to affirm or revoke or modify the ruling, decision, or order to make any order in substitution thereof. Every ordinance enacted, or regulation promulgated, by any town or city affecting the mode or manner of operation or the placing or maintenance of the plant and equipment of any company under the supervision of the commission, shall be subject to the right of appeal by any aggrieved party to the commission within ten (10) days from the enactment or promulgation. The commission, after a hearing, upon notice to all parties in interest, shall determine the matter giving consideration to its effect upon the public health, safety, welfare, comfort, and convenience.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1971, ch. 265, § 2; P.L. 1972, ch. 205, § 2.
The locations for all lines for the transmission or distribution of electric current or for the providing of audio or visual telephonic or telegraphic communication service heretofore acquired or constructed by public utilities as defined under § 39-1-2, upon, along, under, or over the public ways and places of this state, and the locations for poles, piers, abutments, conduits, manholes, vaults, and other fixtures, including those jointly owned, necessary to sustain, protect, or operate the wires and cables of the lines, and actually in place on May 19, 1982, are hereby made lawful notwithstanding any deficiency in the proceedings relative to their location and erection.
History of Section. P.L. 1982, ch. 427, § 2.
No interest in real property of an electric distribution company, electric transmission company, gas, telephone, or water utility may be defeated or otherwise adversely affected by the use, possession, or occupancy of the real property by any person.
History of Section. P.L. 1991, ch. 123, § 1; P.L. 1996, ch. 316, § 1.
The owner, or owners, of real estate abutting on a private way who have by deed or by prescription existing rights of ingress and egress upon the way or other private ways, shall have the right to place, install, or construct in, on, along, under, and upon the private way or other private ways, poles and other appurtenances necessary for the transmission of electricity or telephone service, provided the facilities do not unreasonably obstruct the private way or other private ways, and do not interfere with or be inconsistent with the existing use by others of the way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans, and practices of the utility company that is to provide the electricity or telephone service. The agencies that provide the service shall comply with the rules and regulations of the public utilities commission. Any owner, or owners, may grant permission to a public utility company to enter upon the way or other private ways to place, install, repair, or relocate poles and other necessary appurtenances for the transmission of electricity or telephone service in accordance with the company or companies’ regulations, practices, and tariffs filed with the public utilities commission; provided, however, that no charge or added assessment shall be levied by the public utility company or companies against the owner or owners not connected to the service or services. Neither the person installing or repairing public utility facilities, nor the facilities, nor the electricity or telephone service transmitted shall be deemed to constitute a trespass upon the way or ways.
History of Section. P.L. 1994, ch. 353, § 1.
(a) Before exercising any power of condemnation, a company shall present a petition to the commission describing the land, right of way, easement, or other interest in property it proposes to acquire, and setting forth why it is necessary to acquire it by eminent domain. The commission shall set a time and place for hearing the petition and shall give notice as the commission deems the circumstances require. If the commission shall determine that the proposed taking is for the benefit of the people of the state, and that it is necessary in order that the petitioner may render adequate service to the public, and that the use to which the property taken will be put will not unduly interfere with the orderly development of the region and scenic development, it shall issue a certificate authorizing the company to proceed with condemnation.
(b) Any company acquiring an interest in land through the provisions of subsection (a) shall indemnify and hold harmless any and all owners, present and future, of land in which any right of way, easement, or other interest is acquired from harm caused by operations of the acquiring company that cause injury of any kind to the person or property of another.
(c) No insurance company shall cause an insured to be placed into a risk pool by virtue of the fact that an easement has been granted under this section.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1991, ch. 195, § 1.
(a) Any general or public law notwithstanding, the commission, when it determines that public safety so requires, or that failure to act immediately will result in irreparable injury to the public interest, or that an emergency exists in the financial affairs of a public utility which, if not met immediately, will interfere with the accommodations, convenience, and welfare of the people, may issue an order effective immediately, but for temporary duration, until formal notice be given and a hearing had of the parties in interest.
(b) The superior court, upon the filing of a complaint sworn to by two (2) or more commissioners setting forth that a public utility has ceased, or that there is imminent danger of a public utility ceasing to provide service to its customers, and that in their opinion public safety requires that immediate action be taken to avoid irreparable injury to the public welfare or safety, shall forthwith issue a citation to the company to be served in such manner as the court shall direct, commanding the company to appear before the court on a day and in a place to be mentioned in the citation, then and there to show cause, if any it has, why a receiver of the company with all the powers and rights of a receiver in equity should not be appointed. Within a time to be fixed by the court, the receiver so appointed shall propose a plan for reorganization of the company, which plan shall be fair and equitable to all creditors and stockholders of the company, and protect the welfare and safety of the public. Upon the filing of the plan, the court shall order a hearing on the plan at such time and subject to such notice as may be provided in the order. At the hearing the court shall enter such decree as may be appropriate.
History of Section. P.L. 1969, ch. 240, § 1.
The commission and division shall make reports due on the first day of June and the first day of December to the governor for transmittal to the general assembly, which shall contain summaries of every rate-case hearing, and/or order of the commission and division occurring in the period immediately preceding the first day of June and the first day of December.
History of Section. P.L. 1912, ch. 795, § 9; G.L. 1923, ch. 253, § 9; P.L. 1929, ch. 1394, § 1; G.L. 1938, ch. 122, § 7; G.L. 1956, § 39-1-9; G.L. 1956, § 39-1-33; P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1979, ch. 96, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 103.
All fees charged and collected by the division shall belong to the state and shall be paid into the state treasury monthly, by the administrator, accompanied by a detailed statement thereof, and become part of the general funds of the state.
History of Section. P.L. 1912, ch. 795, § 9; G.L. 1923, ch. 253, § 9; P.L. 1929, ch. 1394, § 1; G.L. 1938, ch. 122, § 7; G.L. 1956, § 39-1-8; G.L. 1956, § 39-1-34; P.L. 1969, ch. 240, § 1.
A person, or his or her or dependent child, spouse, of any person, who is, or has been in the past one year, in the employ of or holding any official relation to any company subject to the supervision of the commission, or engaged in the management of the company, or owning stock, bonds, or other securities thereof, or who is, or has been in the past one year, in any manner, connected with the operation of the company in this state, shall not be a commissioner or clerk of the commission; nor shall any commissioner or clerk of the commission, personally or in connection with a partner or agent, render professional service for or against or make or perform any business contract with any company subject to the supervision, relating to the business of the company, except contracts made with them as common carriers, or in regular course of public service.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
The department of administration shall furnish the commission with suitable offices, quarters in which to hold its meetings and transact its business, and a properly appointed hearing room adequate to accommodate the public, witnesses, stenographers, and the commissioners and their clerks. The department of administration shall furnish the division with offices suitably located for the convenience of the public and properly equipped for keeping its records, maps, and documents and for the efficient use of its library.
History of Section. P.L. 1912, ch. 795, § 7; G.L. 1923, ch. 253, § 7; G.L. 1938, ch. 122, § 5; G.L. 1956, § 39-1-4; G.L. 1956, § 39-1-36; P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
Wherever in any general or public law the words “public utility administrator” appears, the same words shall be deemed to refer to and mean administrator of the division of public utilities and carriers. The governor is authorized to transfer or reallocate, by executive order, the whole or any part of the appropriations for the public utility administrator or commission, to the commission or the division.
History of Section. P.L. 1969, ch. 240, § 1; P.L. 1980, ch. 335, § 6; P.L. 1984, ch. 81, § 11; P.L. 1996, ch. 316, § 1.
(a) There is hereby established the ratepayers advisory board. The advisory board shall consist of the following public members:
(1) Four (4) members appointed by the speaker of the house of representatives, one of whom shall represent the interests of residential ratepayers; one of whom shall represent the interests of the elderly and disabled; one of whom shall represent a community-based consumer organization representing low-income individuals; and one of whom shall represent a LIHEAP consumer.
(2) Four (4) members appointed by the senate president, one of whom shall represent the interests of residential ratepayers; one of whom shall represent a chamber of commerce; one of whom shall represent a nonprofit energy consortium of businesses; and one of whom shall represent a community action agency LIHEAP program provider.
(3) Three (3) members appointed by the governor, one of whom shall represent the LIHEAP program administration; one of whom shall represent the interests of small business owners; and one of whom shall represent the interests of residents of affordable housing.
(b) The appointments to the advisory board shall be made as follows: each appointing authority shall appoint one member to serve a term of one year, one member to serve a term of two (2) years, and one member to serve a term of three (3) years. Thereafter, each member appointed to the advisory board shall serve a three-year (3) term. The board members are eligible to succeed themselves. A vacancy, other than by expiration of a term, shall be filled in the manner of the original appointment, but only for the unexpired portion of the term.
(c) Five (5) members shall constitute a quorum. A majority vote of the board shall be required for all recommendations, advice, and approvals of the board, in accordance with this section.
(d) A board member shall not receive compensation for his or her service on the board but may receive reimbursement for travel and other necessary expenses, while engaged in the performance of official duties of the board.
(e) The board shall elect annually a chairperson and vice chairperson from among its membership.
(f) The board shall receive staff and administrative support from the division, to organize meetings and take and distribute minutes. The division shall also furnish the advisory board a suitable location to hold its meetings.
(g) The board shall meet at least quarterly and at the call of the chairperson or four (4) board members. The administrator shall be present for all board meetings to inform the board of the actions of the division and to respond to the board’s inquiries.
(h) The board shall review legislative proposals and comment on existing state laws relating to residential ratepayers.
(i) The board shall advise the administrator on matters concerning residential ratepayers including, but not limited to utility shutoff policies, rate affordability, conservation measures, consumer education, smart meters and/or restricted use meters, customer service charges, legislation pending before the general assembly, and legislative initiatives.
(j) The advisory board shall issue an annual report of findings, including recommendations on current or proposed state programs, policies, regulations, and laws, to the governor and the general assembly.
(k) The board shall be subject to the provisions of chapter 2 of title 38, access to public records act, and chapter 46 of title 42, open meetings act.
History of Section. P.L. 2011, ch. 382, § 3; P.L. 2011, ch. 404, § 3; P.L. 2013, ch. 521, § 1.
The provisions of this title shall be interpreted and construed liberally in aid of its declared purpose. The commission and the division shall have, in addition to powers specified in this chapter, all additional, implied, and incidental power that may be proper or necessary to effectuate their purposes. No rule, order, act, or regulation of the commission and of the division shall be declared inoperative, illegal, or void for any omission of a technical nature. If any provision of this title, or of any rule or regulation made thereunder, or the application thereof to any company or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the title, rule, or regulation, and the application of the provision to other companies or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this title shall not affect the validity of the remainder of the title.
History of Section. P.L. 1912, ch. 795, § 58; G.L. 1923, ch. 253, § 56; G.L. 1938, ch. 122, § 53; G.L. 1956, § 39-1-17; G.L. 1956, § 39-1-38; P.L. 1969, ch. 240, § 1; P.L. 1997, ch. 326, § 103; P.L. 2020, ch. 79, art. 1, § 2.
[Repealed]
History of Section. P.L. 1980, ch. 122, § 1; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
The division shall maintain a toll-free telephone service where any consumer in Rhode Island may register an initial complaint against any public utility or nonregulated power producer. This toll-free telephone service may also be used by cable television subscribers for the purpose stated above.
History of Section. P.L. 1986, ch. 533, § 1; P.L. 1996, ch. 316, § 1.
[Repealed]
History of Section. P.L. 1987, ch. 22, § 2; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
(a) The public utilities commission shall establish, administer, and promote an information accessibility service that includes:
(1) A statewide telephone relay service and, through the competitive bidding process, contract for the administration and operation of such a relay system for utilization of the telecommunications network by persons who are deaf, hard of hearing, and speech impaired;
(2) The adaptive telephone equipment loan program capable of servicing the needs of persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular impairments for use with a single-party telephone line, or wireless telephone, to any subscriber who is certified as deaf, hard of hearing, severely speech impaired, or with neuromuscular impairments by a licensed physician, audiologist, speech pathologist, or a qualified state agency, pursuant to chapter 23 of this title; and
(3) A telephone access to the text of newspaper programs to residents who are blind, deaf or blind, visually impaired, or reading impaired with a single-party telephone line.
(b) The commission shall establish, by rule or regulation, an appropriate funding mechanism to recover the costs of providing this service from each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network. Notwithstanding the foregoing, there shall not be any additional funding mechanism used to charge each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, or upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network, to recover the costs of providing the services outlined in subsection (a)(1), (2) or (3) above.
(c) The commission, with the assistance of the state commission on the deaf and hard of hearing, shall also develop the appropriate rules, regulations, and service standards necessary to implement the provisions of subsection (a)(1). At a minimum, however, the commission shall require, under the terms of the contract, that the relay service provider:
(1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including holidays;
(2) Hire only qualified salaried operators with deaf language skills; and
(3) Maintain the confidentiality of all communications.
(d) The commission shall collect from the telecommunications service providers the amounts of the surcharge collected from their subscribers and remit to the department of human services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005 for the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the department of human services for the establishment of a new telephone access to the text of newspaper programs. In addition, one hundred thousand dollars ($100,000) shall annually be remitted to the Rhode Island commission on the deaf and hard of hearing for an emergency and public communication access program, pursuant to § 23-1.8-4. The surcharge referenced hereunder shall be generated from existing funding mechanisms and shall not be generated as a result of any new funding mechanisms charged to each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, or upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network.
History of Section. P.L. 1991, ch. 356, § 1; P.L. 2004, ch. 378, § 3; P.L. 2004, ch. 504, § 3; P.L. 2013, ch. 144, art. 17, § 1; P.L. 2016, ch. 45, § 1; P.L. 2016, ch. 52, § 1; P.L. 2022, ch. 231, art. 2, § 6, effective July 1, 2022.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1, P.L. 2006, ch. 216, § 9; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; P.L. 2006, ch. 216, § 9; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
[Repealed]
History of Section. P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
(a) Preamble. For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a regulatory agreement with Verizon and its predecessor companies that has provided up to two million dollars ($2,000,000) annually for support of telecommunications lines for internet access. In addition, the funds provided for in the original regulatory agreement and every dollar generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-Rate match. With the regulatory agreement approaching its termination and the advent of more advanced technologies, it is the intent of this section to provide a continued source of funding for internet access for eligible public and private schools and libraries.
(b) Definitions. As used in this section, the following terms have the following meanings:
(1) “Department” means the Rhode Island department of elementary and secondary education.
(2) “Division” means the division of public utilities and carriers.
(3) “Telecommunications education access fund” means the programs and funding made available to qualified libraries and schools to assist in paying the costs of acquiring, installing, and using telecommunications technologies to access the internet.
(c) Purpose. The purpose of the telecommunications education access fund shall be to fund a basic level of internet connectivity for all of the qualified schools (kindergarten through grade 12) and libraries in the state.
(d) Authority. The division shall establish, by rule or regulation, an appropriate funding mechanism to recover from the general body of ratepayers the costs of providing telecommunications technology to access the internet.
(1) The general assembly shall determine the amount of a monthly surcharge to be levied upon each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network. The department will provide the general assembly with information and recommendations regarding the necessary level of funding to effectuate the purposes of this section. The surcharge shall be billed by each telecommunications services provider and shall be payable to the telecommunications services provider by the subscriber of the telecommunications services. State, local, and quasi-governmental agencies shall be exempt from the surcharge. The surcharge shall be deposited in a restricted-receipt account, hereby created within the department of elementary and secondary education and known as the telecommunications education access fund, to pay any and all costs associated with subsection (b)(3). The amount of the surcharge shall not exceed thirty-five cents ($.35) per access line or trunk.
(2) The surcharge is hereby determined to be twenty-six cents ($.26) per access line or trunk.
(3) The amount of the surcharge shall not be subject to the sales and use tax imposed under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications corporation providing telecommunications service for the purpose of computing the tax under chapter 13 of title 44.
(e) Administration. The division, with input from the department, shall administer the telecommunications education access fund consistent with the requirements of the Universal Service (E-Rate) program. The division of taxation shall collect from the telecommunications service providers the amounts of the surcharge collected from their subscribers. The department, with the approval of the division, shall publish requests for proposals that do not favor any particular technology, evaluate competitive bids, and select products and services that best serve the internet access needs of schools and libraries. In doing so, the department shall endeavor to obtain all available E-Rate matching funds. The department is further authorized and encouraged to seek matching funds from all local, state, and federal public or private entities. The department shall approve disbursement of funds under this section in accordance with the division’s directives. Unsuccessful bids may be appealed to the division. The division shall annually review the department’s disbursements from this account to ensure that the department’s decisions do not favor any competitor.
(f) Eligibility. All schools seeking support from the fund must be eligible for Universal Service (E-Rate) support and meet the definition of “elementary school” or “secondary school” in the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet the definition of “library” or “library consortium” in the Library Services and Technology Act, Pub. L. No. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state library administrative agency under that act. Only libraries that have budgets that are completely separate from any schools (including, but not limited to, elementary and secondary, colleges and universities) shall be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for support.
(g) Effective date. The effective date of assessment for the telecommunications education access fund shall be January 1, 2004.
History of Section. P.L. 2003, ch. 376, art. 40, § 1; P.L. 2004, ch. 595, art. 31, § 1; P.L. 2006, ch. 246, art. 4, § 2; P.L. 2020, ch. 79, art. 1, § 2.
[Repealed]
History of Section. P.L. 2004, ch. 595, art. 31, § 2; P.L. 2005, ch. 365, § 1; P.L. 2006, ch. 246, art. 4, § 3; P.L. 2007, ch. 73, art. 4, § 1; P.L. 2010, ch. 23, art. 9, § 10; P.L. 2018, ch. 47, art. 7, § 8; Repealed by P.L. 2019, ch. 88, art. 2, § 7, effective October 1, 2019.
(a) The commission shall amend its rules and regulations governing the termination of residential electric and gas service as set forth in 810-RICR-10-00-1, and any similar regulation of the commission, in order that the utility termination moratorium period shall mean the period of time between 12:01 a.m. on November 1 and 11:59 p.m. on May 1 of each year.
Provided, this section shall not nullify or reduce any extension of the suspension of service terminations and collection actions during any declared state of emergency pursuant to chapter 15 of title 30 relating to emergency management.
(b) The commission shall have the discretion to extend the duration of the moratorium described in subsection (a) of this section, to respond to economic conditions and customer needs.
History of Section. P.L. 2024, ch. 312, § 1, effective June 25, 2024; P.L. 2024, ch. 313, § 1, effective June 25, 2024.
(a) No public utility that distributes electricity or supplies natural or manufactured gas, electric, or water service shall terminate service to any household in which all adult residents are sixty-five (65) years of age or older, or where any resident is disabled or seriously ill, for failure to pay an outstanding indebtedness for service, without first complying with all rules and regulations for such terminations issued by the commission.
(b) A natural gas distribution company or an electric distribution company as defined in § 39-1-2(a)(12), but not including the Block Island Power Company or the Pascoag Utility District, shall not shut off service to a household eligible for LIHEAP if the customer’s outstanding bill is three hundred dollars ($300) or less and not more than two (2) months in arrears. Service may not be terminated unless two (2) notices of termination have been sent.
History of Section. P.L. 1979, ch. 410, art. 5, § 1; P.L. 1996, ch. 316, § 1; P.L. 1999, ch. 83, § 87; P.L. 1999, ch. 130, § 87; P.L. 2011, ch. 382, § 5; P.L. 2011, ch. 404, § 5.
(a) The commission shall promulgate appropriate rules and regulations to determine which persons who are elderly, disabled, or seriously ill are subject to the nontermination provisions of § 39-1.1-1, and in what manner relief will be made available to the subject persons.
(b) Rules and regulations maintained to determine which persons are seriously ill shall include the provision that said determination shall be through certification to the public utility or to the division of public utilities and carriers by a licensed physician.
(1) A licensed physician’s certification of serious illness shall be sufficient if initially made by telephone. In such event, the public utility or the division, whichever received initial certification, shall inform the certifying physician that he or she must forward to the public utility within seven (7) days a written certification indicating the name and address of the seriously ill person, the nature of the illness, and its likely duration. The public utility shall acknowledge receipt of such written certification and shall notify the customer in writing of the date upon which service will be terminated, unless the customer: (i) Has arranged for payment of an outstanding amount with the public utility, pursuant to rules and regulations promulgated by the commission; (ii) Requests a hearing, pursuant to rules and regulations promulgated by the commission; or (iii) Enrolls in a residential payment plan or other payment arrangement. The termination date shall be not less than three (3) weeks from receipt by the public utility of the written certification. If the duration of the illness exceeds three (3) weeks from the certification to the public utility, the customer may request a review pursuant to rules and regulations promulgated by the commission, to determine whether the initial exemption shall continue, for how long, and under what circumstances.
(2) A public utility must honor a licensed physician’s certification of serious illness, but may seek division review of the validity of the certification, pursuant to rules and regulations promulgated by the commission. If a licensed physician’s certification does not comply with the requirements promulgated by the commission and is rejected by a public utility, the public utility shall inform the customer immediately, in writing, of the reasons for rejection of the certification and the customer’s right to have the division review the utility’s rejection of the certification.
(3) Nontermination for any reason does not, in any way, relieve the customer of liability incurred for utility services.
History of Section. P.L. 1979, ch. 410, art. 5, § 1; P.L. 1999, ch. 83, § 87; P.L. 1999, ch. 130, § 87; P.L. 2011, ch. 382, § 5; P.L. 2011, ch. 404, § 5.
No gas or electric company shall terminate gas or electric service in any residence in which there is domiciled a person under the age of two (2) years and the customer’s service has not been previously shut off for nonpayment before the birth of the child; provided, that the customer cannot afford to pay any overdue bill because of financial hardship. The commission shall promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to implement the provisions of this section. The rules shall, as a minimum, require certification of the infancy by birth certificate or other verifiable certification and that the certification of infancy shall remain in effect without renewal until the child reaches the age of two (2) years.
History of Section. P.L. 2007, ch. 297, § 1; P.L. 2007, ch. 419, § 1; P.L. 2008, ch. 431, § 1; P.L. 2008, ch. 445, § 1.
The commission shall promulgate rules and regulations as are necessary to ensure that termination of utility service for outstanding indebtedness shall be authorized only after the utility has complied with reasonable methods of debt collection as defined by the division.
In promulgating the rules and regulations, the commission shall confer with the retail electric licensing commission and shall give reasonable consideration to any and all recommendations of the retail electric licensing commission.
History of Section. P.L. 1979, ch. 410, art. 5, § 1; P.L. 1997, ch. 357, § 2.
Nothing in this chapter is intended to modify any existing or proposed rules and regulations dealing with utility termination during winter months as defined by the commission. Nothing in this chapter is intended to modify any existing or proposed rules and regulations dealing with termination of telephone service.
History of Section. P.L. 1979, ch. 410, art. 5, § 1.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, its invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section. P.L. 1979, ch. 410, art. 8, § 1.
As used in this chapter:
(1) “Abandoned utility facilities” means any known underground or submerged utility line or facility that has been permanently taken out of service. For excavation purposes, the abandoned underground utility facilities should always be considered to be active utility service.
(2) “Administrator” means the administrator of the division of public utilities and carriers.
(3) “Approximate location of underground facilities” means a strip of land extending not more than one and one-half feet (1.5′) on either side of the underground facilities.
(4) “Association” means the group of public utilities formed pursuant to § 39-1.2-4 for the purpose of receiving and giving notice of excavation activity within the state.
(5) “Damage” means and includes, but is not limited to, the substantial weakening of structural or lateral support of a utility line; penetration or destruction of any utility line protective coating, housing, or other protective device; or the severance, partial or complete, of any utility line. Notwithstanding the foregoing, damage shall not include an intentional penetration or severance of a utility line by a public utility or its contractor(s) for the purpose of effectuating a repair or replacement of the utility line.
(6) “Demolition” means the wrecking, razing, rending, moving, or removing of any structure.
(7) “Excavation” means an operation for the purpose of movement or removal of earth, rock, or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by the use of powered or mechanized equipment, including, but not limited to: digging, blasting, auguring, back filling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, trenching, and tunneling; excluding the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purposes.
(8) “Governing authority” means the permit-issuing authority.
(9) “Immediate danger to life and health” means likely to cause death or immediate or delayed permanent adverse health effects or prevent escape from such an environment.
(10) “Inactive utility facilities” means any underground or submerged utility facilities line or facility that has been temporarily taken out of service with the expectation of becoming usable in the future.
(11) “Person” means an individual, partnership, corporation, association, or a public utility, including a person engaged as a contractor by a public agency and including a public agency.
(12) “PHMSA” means the federal Pipeline and Hazardous Materials Safety Administration administered by the United States Department of Transportation.
(13) “Public agency” means the state or any political subdivision thereof, including any governmental agency.
(14) “Public utility” means the owner or operator of underground facilities for furnishing electric, gas, telephone, or water service as defined in § 39-1-2(a)(20); and also means and includes, for the purposes of this chapter only, electric transmission companies and nonregulated power producers, as defined in § 39-1-2(a)(13) and (19); any cable television service; and any water company that voluntarily becomes a member of the association provided for under § 39-1.2-4.
(15) “Public utility facilities” means the underground plant and equipment owned and operated by a public utility for the purpose of furnishing electricity, gas, water, cable television, or telephone service; including the underground plant and equipment owned and operated by any water company, not subject to regulation by the administrator of the division of the public utilities, that voluntarily joins the association provided for under § 39-1.2-4. Utility facilities shall include active, newly installed, and inactive or abandoned utility facilities.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 327, § 1; P.L. 1996, ch. 345, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1; P.L. 2017, ch. 83, § 1; P.L. 2017, ch. 91, § 1; P.L. 2024, ch. 81, § 1, effective June 12, 2024; P.L. 2024, ch. 82, § 1, effective June 12, 2024.
The general assembly finds and declares that:
(1) Safety and the need for an effective damage-prevention program for underground utility facilities should include participation from all stakeholders including excavators and utility companies;
(2) To develop a process for fostering and promoting the use of an effective damage-prevention program, by all appropriate stakeholders, technologies need to be improved that enhance communications, underground pipeline-locating capability, and gathering and analyzing information about the accuracy and effectiveness of underground facility-locating programs;
(3) Many public, private, and municipal utilities are located underground, including, but not limited to, gas, water, electric, cable television, telephone, and sewers. Excavation in the vicinity of these utilities can be dangerous and the utilities should be marked appropriately to avoid damage, injury, or public emergency; and
(4) All utilities, whether public, private, or municipal, should strongly consider participation in the utility damage-prevention program known as Dig Safe System, Inc. to ensure the highest level of safety and awareness of utility facility locations.
History of Section. P.L. 2009, ch. 92, § 2; P.L. 2009, ch. 103, § 2.
No person, public agency, or public utility shall engage in excavation in the approximate location of public utility facilities or discharge explosives or demolish a structure containing a public utility facility without having first ascertained in the manner prescribed in this chapter the location of all public utility facilities or public utilities in the area or the absence thereof.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
All public utilities of the state, owning and operating underground facilities, shall file annually, with the administrator, a report setting forth the total mileage of underground facilities, excluding service connections, including the title, address, and telephone number of its representatives designated to receive the notice required by § 39-1.2-5.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
All public utilities of the state, owning and operating underground facilities, shall, with the assistance of the administrator, jointly participate in an association providing for mutual receipt of notification required by §§ 39-1.2-2 and 39-1.2-5. The cost of the operation of the association shall be apportioned equitably among all public utilities whose underground facilities are registered with the administrator.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
(a) Except as provided in § 39-1.2-9, any person, public agency, or public utility responsible for excavating within one hundred feet (100′) or for discharging explosives within one hundred feet (100′) of a public utility facility shall notify the association of the proposed excavation or discharge at least seventy-two (72) hours, excluding Saturdays, Sundays, and holidays, but not more than thirty (30) days before commencing the excavation or discharge of explosives. Actual excavation must thereupon commence within thirty (30) days. Each public utility shall, upon receipt of each notice of excavation, mark within seventy-two (72) hours or, where applicable in accordance with § 39-1.2-12, re-mark within forty-eight (48) hours, the location of all underground facilities.
(b) Each excavator shall provide a description of the excavation location that shall include:
(1) The name of the city or town where the excavation will take place;
(2) The name of the street, way, or route number where appropriate;
(3) The name of the streets at the nearest intersection to the excavation;
(4) The numbered address of buildings closest to the excavation; and
(5) Any other description that will accurately define the excavation location, including landmarks and utility pole numbers.
(c) If an excavator determines that a public utility facility has been mismarked, the excavator may notify the association and the appropriate public utility shall re-mark no later than three (3) hours after receipt of notification from the association. The failure to mark or re-mark the location of all underground facilities upon each notice of excavation shall constitute a separate violation of this chapter. Where an excavation is to be made by a contractor as part of the work required by a contract with the state or with any political subdivision thereof or other public agency for the construction, reconstruction, relocation, or improvement of a public way or for the installation of a railway track, conduit, sewer, or water main, the contractor shall be deemed to have complied with the requirements of this section by giving one such notice to the association as required by this section, except when unanticipated obstructions are encountered, setting forth the location and the approximate time required to perform the work involved. In addition, the initial notice shall indicate whether the excavation is anticipated to involve blasting and, if so, the date on which and specific location at which the blasting is to occur. If after the commencement of an excavation it is found there is an unanticipated obstruction requiring blasting, the excavator shall give at least four (4) hours’ notice to the association before commencing the blasting. When demolition of a building containing a public utility facility is proposed, the public utility or utilities involved will be given written notice by registered mail at least ten (10) days prior to the commencement of the demolition of the building. All notices shall include the name, address, and telephone number of the entity giving notice; the name of the person, public agency, or public utility performing the work; and the commencement date and proposed type of excavation, demolition, or discharge of explosives. The association shall immediately transmit the information to the public utilities whose facilities may be affected. An adequate record shall be maintained by the association to document compliance with the requirements of this chapter.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1990, ch. 182, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1; P.L. 2014, ch. 97, § 1; P.L. 2014, ch. 128, § 1; P.L. 2016, ch. 512, art. 1, § 25; P.L. 2017, ch. 83, § 1; P.L. 2017, ch. 91, § 1.
Any permit issued by a public agency for excavation, demolition, or the discharge of explosives shall be issued in compliance with this chapter.
History of Section. P.L. 1984, ch. 119, § 1.
(a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and the public utility, mark the approximate location of the underground utility facilities.
(b) Prior to notifying the association, any excavator must premark the area of proposed excavation in a manner that will enable the owner of the public utility facilities to identify the boundaries of the proposed excavation activities, except that premarking shall not be required if the proposed excavation will be continuous and exceed five hundred feet (500′) in length, or if such marks may reasonably interfere with traffic or pedestrian control or are misleading to the general public.
(c) A public utility shall mark any of its underground utility facilities that are located within fifteen feet (15′) of the exterior limits of the premarked excavation area.
(d) For the purposes of this chapter, the approximate location of underground utility facilities shall be marked with stakes, paint, or other physical means as may be necessary to ensure a distinctive mark. The public utility shall follow the color coding prescribed in this section.
| UTILITY AND TYPE OF PRODUCT SPECIFIC GROUP | IDENTIFYING COLOR | | --- | --- | | | | | Electric power distribution and transmission | Safety Red | | State and municipal electric systems | Safety Red | | Gas distribution and transmission | High Visibility Safety Yellow | | Dangerous materials, product line | High Visibility Safety Yellow | | Telephone and telegraph systems | Safety Alert Orange | | Water systems | Safety Precaution Blue | | Cable antenna television | Safety Alert Orange | | Premark | White |
(e) In the event the excavator shall damage the underground public utility facilities as the result of an incorrect marking by the public utility, the excavator shall not be responsible for the resulting damage.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 327, § 1; P.L. 1997, ch. 326, § 104; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
(a) In the event of any emergency posing a threat to life, public health, public safety, or property, or that may require immediate correction in order to continue the operation of a major industrial plant, or to ensure the continuity of public utility service, excavation, maintenance, or repairs may be made without using explosives upon notice and advice thereof given to the association as soon as it is determined that an emergency exists. The excavator shall thereafter employ any means necessary, excluding blasting, to ensure that the underground public utility facilities in the area of the excavation shall not be damaged.
(b) In the event of an emergency, public utilities shall notify the excavator, at the telephone number provided to the association by the excavator, within two (2) hours upon receipt of notice as to whether the public utility has any facilities in the vicinity of the proposed excavation. If the public utility has any facilities in the vicinity of the proposed excavation, the public utility shall mark out its facilities no later than three (3) hours after receipt of notice from the association.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
This chapter shall not be construed to authorize, affect, or impair local ordinances, charters of other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway, or to construct or demolish buildings or other structures on private property, nor construed to grant any person or public agency any rights not specifically provided by this chapter. A permit issued by a public agency shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter. The failure of any person, who or that has been granted a permit, to comply with the provisions of this chapter, shall not be deemed to impose any liability upon the public agency issuing the permit. Any disagreement between a public utility company and a person shall be referred to the administrator whose order shall be binding upon the parties.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
Any person or public agency excavating, tunneling, or discharging explosives shall exercise reasonable care when working in close proximity to the underground public utility facilities of any public utility. Further, when the facilities are to be exposed, only nonmechanical means shall be employed to locate the facility and such support, as may be reasonably necessary for the protection of the facilities, shall be provided in and near the work area.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
(a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective coating, or any other underground facility of a public utility, the appropriate and/or affected public utility shall be notified immediately by the person or public agency responsible for the operation causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice, the public utility shall immediately dispatch personnel to the subject location to effect temporary or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal the damaged area until the public utility arrives at the subject location. Upon the occurrence of a serious electrical short, or the unanticipated release of any federal Pipeline and Hazardous Materials Safety Administration (PHMSA) regulated natural or other gas or hazardous liquid from a damaged pipeline, the person or public agency responsible for the operations causing the damage shall promptly report the release to first responders by calling 9-1-1. In the event of an immediate danger to life and health occurrence, the area shall be evacuated until proper emergency services arrive.
(b) Any person, public agency, or public utility shall report all suspected violations of this chapter to the division of public utilities and carriers within thirty (30) days after learning of the circumstances constituting the suspected violation.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2014, ch. 97, § 1; P.L. 2014, ch. 128, § 1; P.L. 2017, ch. 83, § 1; P.L. 2017, ch. 91, § 1; P.L. 2024, ch. 81, § 1, effective June 12, 2024; P.L. 2024, ch. 82, § 1, effective June 12, 2024.
After a public utility has marked its underground facilities in accordance with the provisions of § 39-1.2-7, the excavator shall be responsible for maintenance of the designated markings. In the event the markings are obliterated, destroyed, or removed, the utility shall, within forty-eight (48) hours following the receipt of a request, re-mark the location of its facilities.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
(a) Any person or utility who or that violates any provision of this chapter shall be subject to a civil penalty of no more than three hundred fifty dollars ($350) for the first offense and not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for any subsequent offense within a twelve-month (12) period. The administrator of the division of public utilities and carriers shall assess the civil penalty against the person or utility who or that is determined to have committed the violation. All penalties recovered shall be paid into the general fund of the state. This chapter shall not be construed to affect any civil remedies for personal injury or property damage (including underground utilities), except as otherwise specifically provided for in this chapter.
(b) Any contractor found in violation of this chapter that, after due process of law, fails to satisfy any such fines levied pursuant to this chapter shall be ineligible to bid on or be awarded any municipal, quasi-municipal, state, state-funded, state-regulated or state-subsidized construction and/or public works contracts.
History of Section. P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 317, § 1; P.L. 1996, ch. 345, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
In enforcing the provisions of this chapter with respect to persons who or that are not public utilities, the administrator may:
(1) Conduct an investigation in connection with violations involving the excavation or demolition of public utility facilities; and
(2) For purposes of an investigation permitted under this section, require any person, which for purposes of this section only may be defined to include an individual, partnership, corporation, association or agent thereof, involved in the excavation or demolition of a public utility facility to appear at such time and place as the administrator may designate, then and there under oath to produce for the use of the administrator any and all documents and other such information relating directly to the incident as the administrator may require; and
(3) Require the attendance of any person as provided in this section, provided however that the administrator shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance. In the event that any person fails to receive or accept notice by mail or fails to produce information requested, the administrator is empowered to issue a subpoena in a manner consistent with § 39-1-13.
If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes which the notice was issued, or refuses to produce information requested, any justice of the Superior Court for the county within which the inquiry is carried on or within which the person resides or transacts business, upon application of either the administrator or the person subject to the notice, shall have jurisdiction to hear and consider on an expedited basis the request and if deemed necessary and relevant to the consideration of the incident at issue, may issue an appropriate order. Any failure to obey the order of the superior court may be punished by the court as contempt thereof. The administrator may, after notice and opportunity for a fair and prompt hearing, and a finding that the person was in whole or in part responsible for the incident based upon clear and convincing evidence, impose a penalty or fine not in excess of penalties set forth in § 39-1.2-13.
This section shall not limit or affect any powers conferred upon the administrator pursuant to this title as such powers relate to public utility companies or agents thereof.
History of Section. P.L. 1998, ch. 367, § 2.
If any provision of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected thereby.
History of Section. P.L. 1984, ch. 119, § 1.
(a) Every public utility is required to furnish safe, reasonable, and adequate services and facilities. The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any public utility for the conveyance or transportation of any persons or property, including sewage, between points within the state; or for any heat, light, water, or power produced, transmitted, distributed, delivered, or furnished; or for any telephone or telegraph message conveyed; or for any service rendered or to be rendered in connection therewith, shall be reasonable and just, and every unjust or unreasonable charge for the service is prohibited and declared unlawful, and no public utility providing heat, light, water, or power produced, transmitted, distributed, delivered, or furnished shall terminate the service or deprive any home or building, or whatsoever, of service if the reason therefor is nonpayment of the service without first notifying the user of the service, or the owner, or owners, of the building as recorded with the utility of the impending service termination by written notice at least ten (10) days prior to the effective date of the proposed termination of service.
(1) Effective immediately, following the issuance of a decision by the commission under § 39-1-27.12(d), the utility shall collect a LIHEAP enhancement charge from all utility customers for the funding of the LIHEAP Enhancement Fund.
(b) Any existing rules and regulations dealing with the termination of utility service and establishing reasonable methods of debt collection promulgated by the commission pursuant to this chapter and the provisions of § 39-1.1-3 including, but not limited to, any rules and regulations dealing with deposit and deferred-payment arrangements, winter moratorium and medical emergency protections, and customer dispute resolution procedures, shall be applicable to any public utility that distributes electricity.
(c) The commission shall promulgate such further rules and regulations as are necessary to protect consumers following the introduction of competition in the electric industry and that are consistent with this chapter and the provisions of § 39-1.1-3. In promulgating the rules and regulations, the commission shall confer with the retail electric licensing commission and shall give reasonable consideration to any and all recommendations of the retail electric licensing commission.
(d)(1) On or before August 15, 2011, the commission shall administer the rules and regulations, as may be necessary, to implement the purpose of subsection (d)(2) of this section and to provide for the restoration of electric and/or gas service to Low Income Home Energy Assistance Program (LIHEAP)-eligible households, as this eligibility is defined in the current LIHEAP state plan for Rhode Island filed with the U.S. Department of Health and Human Services.
(2) Effective no later than September 1, 2016, notwithstanding the provisions of part V sections 4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing the termination of residential electric, gas, and water utility service, a LIHEAP-eligible customer, as defined above in this section, who has been terminated from gas and/or electric service or is recognized, pursuant to a rule or decision by the division, as being scheduled for actual shutoff of service on a specific date, shall not be deprived electric and/or gas utility service provided the following conditions are met:
(i) The customer has an account balance of at least three hundred dollars ($300) that is more than sixty (60) days past due;
(ii) The customer is eligible for the federal Low Income Home Energy Assistance Program and the account is enrolled in the utility low-income rate if offered;
(iii) If utility service has been terminated, the customer shall make an initial payment of twenty-five percent (25%) of the unpaid balance, unless the commission has enacted emergency regulations in which case the customer shall pay the down payment required by the emergency regulations;
(iv) The customer agrees to participate in energy efficiency programs;
(v) The customer applies for other available energy-assistance programs, including fuel assistance and weatherization;
(vi) The customer agrees to make at least twelve (12) monthly payments in an amount determined by the utility and based on the customer’s average monthly usage of the previous year, and the customer’s actual or anticipated fuel assistance, if known. The electric- and/or gas-utility company shall review the payment plan every three (3) months and may adjust the plan based on the following: the amount of or change in fuel assistance; the customer moves; actual usage differs from estimated usage; and/or significant changes in the company’s energy costs or rates from the time of anticipated enrollment;
(vii) With each payment, a portion of the customer’s outstanding account balance shall be forgiven in an amount equal to the total past-due balance divided by the number of months in the customer agreement;
(viii) Up to one thousand five hundred dollars ($1,500) shall be forgiven in a twelve-month (12) period. If the outstanding account balance is greater than one thousand five hundred dollars ($1,500), the length of the agreement may, at the request of the customer, be extended for more than twelve (12) months to accommodate the total outstanding balance, provided that the customer is current with payments at the conclusion of the previous twelve-month (12) period;
(ix) The customer agrees to remain current with payments. For purposes of this subsection, remaining current shall mean that the customer: (A) Misses no more than two (2) payments in a twelve-month (12) period covered by the agreement; and (B) That the amount due under the agreement is paid in full, by the conclusion of the twelve-month (12) period of the agreement;
(x) Failure to comply with the payment provisions set forth in this subsection shall be grounds for the customer to be removed from the repayment program established by this subsection and the balance due on the unpaid balance shall be due and payable in full, in accordance with the rules of the commission governing the termination of residential electric, gas, and water utility service, provided, that any arrearage already forgiven under subsection (d)(2)(vii) of this section shall remain forgiven and be written off by the utility. The amount of the arrearage, so forgiven, shall be recovered by the electric and/or gas company through an annual reconciling factor approved by the commission;
(xi) The commission may promulgate rules and regulations to implement this section that ensure efficient administration of the program in a nondiscriminatory manner consistent with the goal of providing assistance to customers who are willing and able to meet their obligations to the utility under this program;
(xii) Each public utility that provides gas or electric service to residential ratepayers shall file tariffs implementing the requirements of this section on a date to be determined by the commission which shall allow for the program to be in place no later than October 1, 2016;
(xiii) After two (2) years from the date of completion of the plan or removal from the plan for failure to remain current with payments and upon recommendation from a community action partnership agency, a customer shall be eligible to enroll in a subsequent arrearage forgiveness plan; and
(xiv) A customer, who completes the schedule of payments pursuant to this subsection, shall have the balance of any arrearage forgiven, and the customer’s obligation to the gas and/or electric company for such unpaid balance shall be deemed to be fully satisfied. The amount of the arrearage, so forgiven, shall be treated as bad debt for purposes of cost recovery by the gas or the electric company up to the amount allowed in the gas and/or electric company’s most recent general rate filing. In the event the gas or electric company’s bad debt for a calendar year exceeds the amount allowed in the most recent general-rate filing for the same period, the gas or electric company shall be entitled to recovery of those write-offs that were the result of the arrearage forgiveness plan set forth in this section.
(3) A customer terminated from service under the provisions of subsection (d)(1) or (d)(2) shall be eligible for restoration of service in accordance with the applicable provisions of part V section 4(E)(1)(C), or its successor provision, of the public utilities commission rules and regulations governing the termination of residential electric, gas, and water service.
(e) The commission shall complete a comprehensive review of all utility and energy-related programs and policies impacting protected classes and low-income ratepayers. In conducting its review, the commission shall consult with the division, the attorney general, the utility, the department of human services, the ratepayers advisory board established by § 39-1-37.1, community-based organizations, a homeless advisory group, and community action agencies, each of whom shall cooperate with meetings scheduled by the commission and any requests for information received by the commission by providing responses within twenty-one (21) days from issuance. The commission shall submit a report of its findings and recommendations to the governor and the general assembly no later than November 1, 2018. No later than November 15, 2017, and annually thereafter, the commission shall submit to the governor, the senate president, and the speaker of the house a report on the effectiveness of the customer arrearage program which shall include a cost-benefit analysis and recommendations to improve the effectiveness of the arrearage program.
History of Section. P.L. 1912, ch. 795, § 38; G.L. 1923, ch. 253, § 38; G.L. 1938, ch. 122, § 35; G.L. 1956, § 39-2-1; P.L. 1968, ch. 293, § 1; P.L. 1971, ch. 265, § 3; P.L. 1972, ch. 205, § 3; P.L. 1983, ch. 235, § 3; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 357, § 3; P.L. 2005, ch. 182, § 1; P.L. 2005, ch. 438, § 1; P.L. 2006, ch. 216, § 11; P.L. 2006, ch. 236, § 7; P.L. 2006, ch. 237, § 7; P.L. 2007, ch. 51, § 2; P.L. 2007, ch. 66, § 2; P.L. 2011, ch. 382, § 6; P.L. 2011, ch. 404, § 6; P.L. 2016, ch. 101, § 1; P.L. 2016, ch. 108, § 1; P.L. 2016, ch. 125, § 2; P.L. 2016, ch. 137, § 2; P.L. 2017, ch. 451, § 16; P.L. 2020, ch. 79, art. 1, § 3.
No public utility shall refuse to furnish services to new occupants at any premises on the grounds that the previous occupant has vacated the premises without paying the public utility for services furnished, provided that the service is not for the use or benefit of the previous occupant.
History of Section. P.L. 1976, ch. 219, § 1.
(a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or providing heat, electricity, or water to or for the public shall include as part of its base rate any expenses for advertising, either direct or indirect, that promotes the use of its product or service, or is designed to promote the public image of the industry. No public utility may furnish support of any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and include the expense as part of its base rate. Nothing contained in this section shall be deemed as prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or educational in nature, that is designed to promote public safety conservation of the public utility’s product or service. The public utilities commission shall promulgate such rules and regulations as are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect, and to otherwise effectuate the provisions of this section.
(b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy programs shall remain in effect until December 31, 2028. The electric distribution company shall establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side management programs (the “demand-side account”), which shall be funded by the electric demand-side charge and administered and implemented by the distribution company, subject to the regulatory reviewing authority of the commission, and one for renewable energy programs, which shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall be held and disbursed by the distribution company as directed by the Rhode Island commerce corporation for the purposes of developing, promoting, and supporting renewable energy programs.
During the time periods established in this subsection, the commission may, in its discretion, after notice and public hearing, increase the sums for demand-side management and renewable resources. In addition, the commission shall, after notice and public hearing, determine the appropriate charge for these programs. The office of energy resources, and/or the administrator of the renewable energy programs, may seek to secure for the state an equitable and reasonable portion of renewable energy credits or certificates created by private projects funded through those programs. As used in this section, “renewable energy resources” shall mean: (1) Power generation technologies, as defined in § 39-26-5, “eligible renewable energy resources,” including off-grid and on-grid generating technologies located in Rhode Island, as a priority; (2) Research and development activities in Rhode Island pertaining to eligible renewable energy resources and to other renewable energy technologies for electrical generation; or (3) Projects and activities directly related to implementing eligible renewable energy resources projects in Rhode Island. Technologies for converting solar energy for space heating or generating domestic hot water may also be funded through the renewable energy programs. Fuel cells may be considered an energy efficiency technology to be included in demand-side management programs. Special rates for low-income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these discounts shall be included in the distribution rates charged to all other customers. Nothing in this section shall be construed as prohibiting an electric distribution company from offering any special rates or programs for low-income customers which are not in effect as of August 7, 1996, subject to the approval by the commission.
(1) The renewable energy investment programs shall be administered pursuant to rules established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria to rank qualified renewable energy projects, giving consideration to:
(i) The feasibility of project completion;
(ii) The anticipated amount of renewable energy the project will produce;
(iii) The potential of the project to mitigate energy costs over the life of the project; and
(iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.
(c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]
(d) The chief executive officer of the commerce corporation is authorized and may enter into a contract with a contractor for the cost-effective administration of the renewable energy programs funded by this section. A competitive bid and contract award for administration of the renewable energy programs may occur every three (3) years and shall include, as a condition, that after July 1, 2008, the account for the renewable energy programs shall be maintained and administered by the commerce corporation as provided for in subsection (b) of this section.
(e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each gas distribution company shall include, with the approval of the commission, a charge per deca therm delivered to fund demand-side management programs (the “gas demand-side charge”), including, but not limited to, programs for cost-effective energy efficiency, energy conservation, combined heat and power systems, and weatherization services for low-income households.
(f) Each gas company shall establish a separate account for demand-side management programs (the “gas demand-side account”) that shall be funded by the gas demand-side charge and administered and implemented by the distribution company, subject to the regulatory reviewing authority of the commission. The commission may establish administrative mechanisms and procedures that are similar to those for electric demand-side management programs administered under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and high, life-time savings of efficiency measures supported by the program.
(g) The commission may, if reasonable and feasible, except from this demand-side management charge:
(1) Gas used for distribution generation; and
(2) Gas used for the manufacturing processes, where the customer has established a self-directed program to invest in and achieve best-effective energy efficiency in accordance with a plan approved by the commission and subject to periodic review and approval by the commission, which plan shall require annual reporting of the amount invested and the return on investments in terms of gas savings.
(h) The commission may provide for the coordinated and/or integrated administration of electric and gas demand-side management programs in order to enhance the effectiveness of the programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the recommendation of the office of energy resources, be through one or more third-party entities designated by the commission pursuant to a competitive selection process.
(i) Effective January 1, 2007, the commission shall allocate, from demand-side management gas and electric funds authorized pursuant to this section, an amount not to exceed three percent (3%) of such funds on an annual basis for the retention of expert consultants, and reasonable administration costs of the energy efficiency and resource management council associated with planning, management, and evaluation of energy-efficiency programs, renewable energy programs, system reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of the council, which allocation may by mutual agreement, be used in coordination with the office of energy resources to support such activities.
(j) Effective January 1, 2016, the commission shall annually allocate from the administrative funding amount allocated in subsection (i) from the demand-side management program as described in subsection (i) as follows: (1) for the energy efficiency and resource management council, no more than forty percent (40%) for the purposes identified in subsection (i) and (2) sixty percent (60%) of three percent (3%) from the demand-side management gas and electric funds annually to the office of energy resources for activities associated with planning, management, and evaluation of energy-efficiency programs, renewable energy programs, system reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of the office of energy resources and shall have exclusive authority to direct the use of the office administrative and programmatic funds.
(k) On April 15, of each year, the office and the council shall submit to the governor, the president of the senate, and the speaker of the house of representatives, separate financial and performance reports regarding the demand-side management programs, including the specific level of funds that were contributed by the residential, municipal, and commercial and industrial sectors to the overall programs; the businesses, vendors, and institutions that received funding from demand-side management gas and electric funds used for the purposes in this section; and the businesses, vendors, and institutions that received the administrative funds for the purposes in subsections (i) and (j). These reports shall be posted electronically on the websites of the office of energy resources and the energy efficiency and resources management council.
( l ) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each electric distribution company, except for the Pascoag Utility District and Block Island Power Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge collections to the Rhode Island infrastructure bank.
(m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side charge collections to the Rhode Island infrastructure bank.
(n) Effective January 1, 2022, the commission shall allocate, from demand-side management gas and electric funds authorized pursuant to this section, five million dollars ($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation, clean heating, energy storage, or demand-side management project financing program administered by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such collections set forth in this chapter. The infrastructure bank shall report annually to the commission within ninety (90) days of the end of each calendar year how collections transferred under this section were utilized.
(o) The Rhode Island office of energy resources, in coordination with the energy efficiency and resource management council, and following consultation with the public utilities commission and division of public utilities and carriers, shall issue a request for proposals for the cost-effective administration and implementation of statewide energy efficiency programs funded by this section no later than September 30, 2023. The draft request for proposals shall be reviewed through at least one technical session at the public utilities commission prior to issuance. Public utilities commission approval shall not be required. The Rhode Island office of energy resources, in coordination with the energy efficiency and resource management council, shall evaluate proposals and determine whether energy efficiency administration and implementation by the electric and gas distribution company or a third party is likely to achieve the most net benefits for electric and gas customers in Rhode Island. After January 1, 2025, the office of energy resources may, periodically, and at its discretion, issue additional requests for proposals for the administration and implementation of statewide energy efficiency programs funded through this chapter of an electric distribution company as defined in § 39-1-2(a)(12) or gas distribution company included as a public utility in § 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers.
(1) Nothing in this chapter shall prohibit the electric and/or gas distribution company from submitting a proposal to administer and implement the state energy efficiency programs.
(2) If the office of energy resources, in coordination with the energy efficiency and resource management council, determines that the use of a third-party administrator is likely to achieve the most net benefits for electric and gas customers in Rhode Island, it shall file its recommendation with the public utilities commission, which shall docket and rule on the matter pursuant to its general statutory authorization.
(3) If the commission determines that the recommended third-party administrator is in the interest of Rhode Island utility customers, it shall provide for the full cost recovery for the third-party administrator consistent with the terms of the approved contract, and which shall reflect the overall annual budget approved by the commission. The third-party administrator shall be subject to all the requirements set forth for the electric and gas distribution company per § 39-1-27.7.
(4) If the commission determines that a third-party administrator will administer the state energy efficiency programs on or after June 1, 2024, the commission shall direct the gas and electric distribution company to collect and transfer the gas and electric energy efficiency funds to the third-party administrator for the annual state energy efficiency program beginning with the program year and thereafter for the remaining program years. The gas and electric distribution company shall transfer the annual administrative funds to the office of energy resources and energy efficiency and resource management council.
(5) If a third-party administrator implements the annual energy efficiency programs then they shall be required to develop and design the annual state energy efficiency program with the office of energy resources and energy efficiency and resource management council, including a vote by the energy efficiency and resource management council prior to the third-party administrator filing the annual program plan to the public utilities commission for review and a decision.
(6) The third-party administrator shall file the annual state energy efficiency program plan to the public utilities commission for review and approval no later than September 30, 2024, and annually thereafter on such date.
(7) The third-party administrator shall provide all information requested by the office of energy resources, energy efficiency and resource management council, division of public utilities and carriers, and the public utilities commission, including responses to data requests, which are necessary for the agencies to carry out their respective oversight roles, and shall be accountable to the same standards as the utility with administering and implementing energy efficiency, system reliability, and least-cost procurement standards and goals in accordance with § 39-1-27.7 and this section.
(8) If the office does not recommend advancement of a third-party administrator, the electric and gas distribution company shall continue to administer statewide energy efficiency programs.
History of Section. P.L. 1979, ch. 410, art. 6, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 105; P.L. 2001, ch. 142, § 3; P.L. 2002, ch. 144, § 3; P.L. 2005, ch. 49, § 1; P.L. 2005, ch. 61, § 1; P.L. 2006, ch. 236, § 7; P.L. 2006, ch. 237, § 7; P.L. 2008, ch. 100, art. 28, § 6; P.L. 2008, ch. 228, § 3; P.L. 2008, ch. 422, § 3; P.L. 2011, ch. 19, § 1; P.L. 2011, ch. 28, § 1; P.L. 2012, ch. 241, art. 4, § 14; P.L. 2015, ch. 141, art. 14, § 6; P.L. 2016, ch. 149, § 2; P.L. 2016, ch. 163, § 2; P.L. 2017, ch. 480, § 2; P.L. 2021, ch. 223, § 2, effective July 8, 2021; P.L. 2021, ch. 224, § 2, effective July 8, 2021; P.L. 2023, ch. 79, art. 5, § 2, effective June 16, 2023; P.L. 2023, ch. 192, § 1, effective June 23, 2023; P.L. 2023, ch. 193, § 1, effective June 23, 2023.
No subscriber to a cellular telephone service shall be subject to an assessment of a late fee on a monthly billing unless the payment is at least thirty (30) days past the close of the billing period that is the subject of the statement. A cellular telephone operator shall not impose a late fee unless the bill contains a clear and conspicuous notice of when the late fee is to be imposed consistent with this section.
History of Section. P.L. 1998, ch. 344, § 1.
(a) Electricity produced by cogeneration and small power production can be of benefit to the public as part of the total energy supply of the entire electric grid of the state or consumed by a cogenerator or small power producer. Subject to compliance with applicable rules governing service, public utilities shall provide transmission or distribution service to enable a retail customer to transmit electrical power generated by the customer at one location to the customer’s facilities at another location, if the commission finds that the provision of this service, and the charges, terms, and other conditions associated with the provision of this service, are not likely to result in higher cost electric service to the utility’s general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers.
(b) Each electric distribution company shall provide backup and supplemental service to any customer who is self-generating electricity and meets reasonable interconnection requirements designed to protect the distribution and transmission system. The commission shall ensure that backup and supplemental rates made, exacted, demanded, or collected by any public utility from a customer who is self-generating shall be just and reasonable and may not be unduly discriminatory. Any backup and supplemental rate tariffs in effect as of May 2002 may remain in effect as designed through December 31, 2004. Commencing January 1, 2005, the backup and supplemental rates shall be cost-based but may be discounted as provided for in subsection (c); provided, however, that the John O. Pastore Center power plant shall be exempt from the backup or supplemental rates.
(c) Notwithstanding the rate design criteria set forth in subsection (b), the commission may permit or require discounted backup-distribution-service rates in order to encourage economically efficient cogeneration or small power-production projects if it finds these discounts to be in the public interest and/or contribute to system reliability procurement or least-cost procurement; provided, however, that any revenue not recovered by the electric distribution company as a result of these discounted distribution rates shall be accounted for and recovered in the rates assessed on all customers. The commission shall, in determining the public interest in distributed-generating facilities, consider reduced environmental impacts, increased energy efficiency, reduced transmission losses and congestion, effects on electric system reliability, and other factors the commission may deem relevant.
(d) The provisions of this section shall be effective as of January 1, 2005.
History of Section. P.L. 2002, ch. 144, § 4; P.L. 2003, ch. 376, art. 15, § 1; P.L. 2004, ch. 595, art. 35, § 1; P.L. 2006, ch. 236, § 7; P.L. 2006, ch. 237, § 7.
(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 of free or reduced-rate service to any elderly person as defined by the division.
History of Section. P.L. 1912, ch. 795, § 39; G.L. 1923, ch. 253, § 39; G.L. 1938, ch. 122, § 36; G.L. 1956, § 39-22; P.L. 1971, ch. 256, § 1; P.L. 1971, ch. 265, § 3; P.L. 1972, ch. 205, § 3; P.L. 1996, ch. 316, § 1.
(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, of free or reduced-rate service to an elderly person as defined by the division.
History of Section. P.L. 1912, ch. 795, § 40; G.L. 1923, ch. 253, § 40; G.L. 1938, ch. 122, § 37; G.L. 1956, § 39-2-3; P.L. 1971, ch. 256, § 2.
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.
History of Section. P.L. 1912, ch. 795, § 41; G.L. 1923, ch. 253, § 41; G.L. 1938, ch. 122, § 38; G.L. 1956, § 39-2-4; P.L. 1971, ch. 265, § 4; P.L. 1972, ch. 205, § 4; P.L. 1996, ch. 316, § 1.
The provisions of §§ 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, of 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 § 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 (½) 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, § 4, and by P.L. 2004, ch. 504, § 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 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 (Pub. L. No. 88-525 and amendments made thereto, 7 U.S.C. § 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 office of healthy aging. 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 § 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-year (10) 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 residential customer 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 the 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 § 42-141-5(d) [repealed]. 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.
History of Section. P.L. 1912, ch. 795, § 42; G.L. 1923, ch. 253, § 42; G.L. 1938, ch. 122, § 39; G.L. 1956, § 39-2-5; P.L. 1971, ch. 256, § 3; P.L. 1976, ch. 113, § 1; P.L. 1983, ch. 216, § 1; P.L. 1985, ch. 48, § 1; P.L. 1986, ch. 352, § 1; P.L. 1987, ch. 226, § 1; P.L. 1988, ch. 388, § 1; P.L. 1988, ch. 580, § 2; P.L. 1989, ch. 306, § 1; P.L. 1990, ch. 182, § 1; P.L. 1991, ch. 113, § 1; P.L. 1992, ch. 136, § 1; P.L. 1993, ch. 115, § 5; P.L. 1995, ch. 168, § 1; P.L. 1997, ch. 326, § 105; P.L. 2004, ch. 378, § 4; P.L. 2004, ch. 504, § 4; P.L. 2006, ch. 236, § 7; P.L. 2006, ch. 237, § 7; P.L. 2008, ch. 475, § 20; P.L. 2011, ch. 132, § 1; P.L. 2011, ch. 148, § 1.
Whenever any highway bridge over which a street railway is operated shall become unsafe for public travel, the public utility operating the railway shall pay the whole expense of repairing, strengthening, or reconstructing the bridge, if the bridge would be safe for public travel if the railway were not operated over it; but, if a reconstruction of the bridge or the construction of a new bridge is required for any other cause, or if the bridge would be unsafe for public travel if the railway were not operated over it, then so much of the expense of repairing, strengthening, constructing, or reconstructing the bridge as may be equitable shall be paid by the public utility operating the railway. In the event of any disagreement between the public utility and the town or city bound by law to maintain the bridge, as to the necessity of any repair or reconstruction thereof, or as to the character of the repair or reconstruction, or as to the apportionment of the expense of the repair or reconstruction, the commission, upon application of any party in interest, and after due hearing, shall make such orders as it shall deem necessary, in the interest of public safety, for the repair, strengthening, or reconstruction of the bridge, and shall determine in accordance with the principle herein stated, the portion of the expense of the repair, strengthening, or reconstruction that shall be borne by the public utility.
History of Section. P.L. 1912, ch. 795, § 53; G.L. 1923, ch. 253, § 52; G.L. 1938, ch. 122, § 49; G.L. 1956, § 39-2-6; P.L. 1969, ch. 240, § 2.
If any public utility shall do, or cause to be done, or permit to be done, any matter, act, or thing in chapters 1 — 5 of this title prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing to be done by it, the public utility shall be liable to the person, firm, or corporation injured thereby, in a civil action to be brought within three (3) years from the time the cause of action accrues, and not after, for the amount of damage sustained in consequence of the violation; provided, that any recovery as provided in this section, shall in no manner affect the recovery by the state of the penalty prescribed for the violation.
History of Section. P.L. 1912, ch. 795, § 43; G.L. 1923, ch. 253, § 43; G.L. 1938, ch. 122, § 40; G.L. 1956, § 39-2-7.
Any public utility which shall violate any provision of chapters 1 — 5 of this title, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it for which a penalty has not been provided, shall be subject to a penalty of not less than two hundred dollars ($200) nor more than five thousand dollars ($5,000), and in the case of a continuing violation of any of the provisions of the chapters, every day’s continuance thereof shall be deemed to be a separate and distinct offense.
History of Section. P.L. 1912, ch. 795, § 56; G.L. 1923, ch. 253, § 55; G.L. 1938, ch. 122, § 52; G.L. 1956, § 39-2-8; P.L. 1973, ch. 199, § 2; P.L. 2025, ch. 103, § 1, effective June 23, 2025; P.L. 2025, ch. 104, § 1, effective June 23, 2025.
Every common carrier shall receive and transport all goods, wares, and merchandise offered to him or her by any person, as promptly and upon as favorable terms and conditions as the common carrier is receiving and transporting goods, wares, and merchandise at the place in which the same are offered to be delivered to him or her, in the ordinary course of business, for any other person.
History of Section. G.L. 1896, ch. 161, § 1; G.L. 1909, ch. 190, § 1; G.L. 1923, ch. 218, § 1; G.L. 1938, ch. 123, § 1; G.L. 1956, § 39-2-9.
The superior court may enforce compliance with the provisions of § 39-2-9 by writ of injunction or mandamus.
History of Section. G.L. 1896, ch. 161, § 2; C.P.A. 1905, § 1220; G.L. 1909, ch. 190, § 2; G.L. 1923, ch. 218, § 2; G.L. 1938, ch. 123, § 2; G.L. 1956, § 32-2-10.
Every common carrier who shall refuse or neglect to receive and transport goods, wares, and merchandise in the manner as provided in this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
History of Section. G.L. 1896, ch. 161, § 3; G.L. 1909, ch. 190, § 3; G.L. 1923, ch. 218, § 3; G.L. 1938, ch. 123, § 3; G.L. 1956, § 39-2-11; P.L. 1997, ch. 326, § 105.
Every common carrier who shall so neglect or refuse shall also be civilly liable to any person aggrieved for any injury sustained by him or her by reason of the carrier’s neglect or refusal.
History of Section. G.L. 1896, ch. 161, § 4; G.L. 1909, ch. 190, § 4; G.L. 1923, ch. 218, § 4; G.L. 1938, ch. 123, § 4; G.L. 1956, § 39-2-12; P.L. 1997, ch. 326, § 105.
Any blind or deaf person, who uses the services of a seeing-eye guide dog, or personal-assistance animal or a hearing-ear signal dog, clearly identified as such by a yellow harness and trained by a recognized training agency or school, may enter any public facility of any public utility or common carrier in this state, and when riding on any bus or other public utility or common carrier engaged in the transportation of passengers, or when riding in any elevator in this state where a landlord has the elevator operated for the use of the landlord’s tenants and their visitors or while in any building in this state open to the public, may keep the animal in his or her immediate custody; and the person shall not be required to pay any charge or fare, for, or on account of, the transportation thereon of him or herself and any dog so accompanying him or her, in addition to the charge or fare lawfully chargeable for his or her own transportation; provided, however, the provisions of this section shall not apply to railroad sleeping, parlor, club, buffet, or lounge cars.
History of Section. P.L. 1938, ch. 2595, § 1; G.L. 1938, ch. 402, § 1; G.L. 1956, § 39-2-16; G.L. 1956, § 39-2-13; P.L. 1969, ch. 240, § 3; P.L. 1979, ch. 159, § 3; P.L. 1997, ch. 85, § 3; P.L. 2020, ch. 79, art. 1, § 3.
[Repealed]
History of Section. G.L. 1938, ch. 402, § 2; P.L. 1946, ch. 1686, § 1; G.L. 1956, § 39-2-17; P.L. 1969, ch. 240, § 3; P.L. 1979, ch. 159, § 4; Repealed by P.L. 1997, ch. 85, § 3, effective July 2, 1997.
(a) No utility shall interfere with, or delay the progress of work under any contract with the state department, agency, division, or board, for the construction, reconstruction, or improvements of any highway, street, road, railroad grade crossing, bridge, tunnel, underpass, overpass, or other state contract work, by failing to remove or relocate its poles, wires, cables, conduits, pipes, or any other facilities or structures within the time schedule therefor by an agreement or under the terms of an agreement between the department, agency, division, or board and the utility, or, if no time is fixed by an agreement or under the terms of such an agreement, within the time fixed by the department, agency, division, or board, by notice served upon the utility by the state department, agency, division, or board.
(b) If the notice is utilized, it shall describe the public improvement and the geographical location thereof, the date of commencement, and the date of completion, if any, provided for by the contract; the contractor’s name and address; the manner in which and the extent to which the facilities and structures of the utility obstruct or prevent the contractor from progressing or performing the work comprehended by the contract; and shall fix the date or time within which the utility is required to remove or relocate its facilities or structures, specifying the same, in order to provide the contractor with the site when required by the contractor for progressing or performing the work pursuant to the state contract. The notice shall be in writing and shall be served upon the utility either personally or by certified mail at its principal office or place of business in the county where the work under the contract is to be performed, or, if there is no principal office or place of business in the county, at the nearest principal office or place of business of the utility, outside of the county.
(c) In the event the utility to whom the notice described in subsection (b) was directed is, for any reason, unable, within the prescribed period, to remove or relocate the facilities or structures specified in the notice, the utility shall immediately advise the department, agency, division, or board and the contractor, in writing, of the inability, and in the same communication so advise the department, agency, division, or board, and the contractor of the approximate date that the removal or relocation of facilities or structures could be effected; and shall further state the basis for the inability of the utility to remove or relocate the facilities or structures within the time specified by the notice served thereon by the department, agency, division, or board. The department, agency, division, or board, after examining and considering the utility’s basis for establishing a different schedule for the removal or relocation, shall, if its basis is reasonable, establish and notify the utility of a revised schedule for completing the removal or relocation.
(d) In cases where the utility has been reimbursed for removal, relocation, replacement, or reconstruction, a utility failing to complete the removal or relocation of the structures or facilities within a period of thirty (30) days beyond the time fixed therefor by the latest time schedule established in accordance with this section, shall be liable and responsible to any contractor for any damages, direct or consequential, sustained by any contractor as the result thereof, in an action to be brought by the contractor against the utility in a court of competent jurisdiction within three (3) years from the time fixed for the removal or relocation of the structures or facilities. If an action is commenced against a utility, as heretofore provided, the utility may interpose in its answer in the action any defense available under the provisions of the civil practice law and rules. The unreasonableness of the time schedule imposed by the state department, agency, division, or board shall be an absolute defense by the utility to any action by the contractor. If, in any action, the utility is found to owe nothing to the contractor, or if an offer of settlement is made by the utility that is not accepted by the contractor, and the resulting verdict against the utility is less than the offer of settlement, then in either event, the total cost of the utility of litigation, including reasonable attorney’s fees, shall be paid to the utility by the contractor.
History of Section. P.L. 1985, ch. 339, § 1; P.L. 1997, ch. 326, § 105.
(a) Whenever, in order to move a building to be used as affordable housing for low- and moderate-income persons for a period of not less than ten (10) years, a nonprofit housing development corporation desires that the pipes, mains, poles, wires, conduits, or fixtures of a public utility be cut, disconnected, or removed, the public utility shall cut, disconnect, or remove the same at its own expense.
(b) A nonprofit housing development corporation that desires the cutting, disconnection, or removal of mains, poles, conduits, wires, or fixtures of a public utility shall give written notification thereof to the commission and the utility company. The written notification must contain the location of the site where the structure is presently located; the location of the final destination of the structure; the path of the proposed move, described in reference to the crossings of streets or highways; and the date of the required cutting, disconnection, or removal.
(c) Upon receipt of the written notification described in subsection (b), the commission shall promptly determine whether the applicant is a nonprofit housing development corporation within the meaning of this chapter, and shall also determine whether the structure to be moved will be maintained as affordable housing for a period of not less than ten (10) years. A resolution, issued by the board of directors of the nonprofit housing development corporation and recorded at the land records office of the locality to where the structure is to be moved, stating that the structure will be used as affordable housing for a period of not less than ten (10) years, shall be satisfactory evidence that the requirements of this section have been satisfied. If the commission determines that the applicant satisfies the requirements of this section, it shall give notice thereof to the public utilities and require the applicant to coordinate its building move with the path(s), date(s), and time(s) as determined by the public utilities; however, the date(s), and time(s) shall be no later than thirty (30) days from the date the public utilities have received notice of the commission’s determination.
(d) If, at any time during the ten-year (10) period following the cutting, disconnection, or removal of the pipes, mains, poles, wires, conduits, or fixtures of a public utility, the nonprofit housing development corporation shall utilize the structure for any purpose other than affordable housing, the nonprofit housing development corporation shall reimburse the public utility for the cost of the cutting, disconnection, or removal of the same.
History of Section. P.L. 1988, ch. 580, § 3.
No person, firm, corporation, or other business entity shall install in any home or business establishment any appliance that operates by the use of consumption of a combustible gas unless a shutoff device approved by the division of public utilities and carriers controlling the flow of gas into the appliances is also installed in the immediate area of the appliance; and, provided, further, that any person, firm, corporation, or other business entity that removes a valve or leaves a gas line without the shutoff device shall be guilty of a misdemeanor, and shall be subject to a fine not exceeding one hundred dollars ($100).
History of Section. P.L. 1976, ch. 307, § 1.
Every person employed by a public utility company or nonregulated power producer doing business in this state whose job requires the person to enter homes or business establishments for the purpose of installing, repairing, servicing, meter reading, or other related activities, shall be required to display on the person an identification card bearing the person’s photograph during the performance of the person’s duties.
History of Section. P.L. 1978, ch. 97, § 1; P.L. 1996, ch. 316, § 1.
(a) A communications common carrier, as defined in § 12-5.1-1, shall disclose to the attorney general, or an assistant attorney general specially designated by the attorney general, or any chief of police, the director of the statewide fugitive task force, or the superintendent of state police, the names, addresses, and telephone numbers of persons to whom nonpublished service is furnished upon written certification by the attorney general, or assistant attorney general, or any chief of police, the director of the statewide fugitive task force, or the superintendent of state police that the information is necessary for an investigation of or prosecution of criminal violations of the laws of Rhode Island. No cause of action shall lie in any court against any communications common carrier, its officers, employees, or agents for furnishing or disclosing the information in accordance with the certification. The attorney general, or any chief of police, or the superintendent of state police, or the director of the statewide fugitive task force shall not disclose any information obtained as a result of the written certification except as it is essential to the proper discharge of their duties.
(b)(1) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide device location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical injury to any person and requires disclosure without delay of information relating to the emergency.
(2) Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose device location information.
(3) No cause of action shall lie in any court against any wireless telecommunications carrier, its officers, employees, agents, or other specified persons for providing device location information while acting in good faith and in accordance with the provisions of this section.
(4) All wireless telecommunications carriers registered to do business in the state of Rhode Island or submitting to the jurisdiction thereof and all resellers of wireless telecommunications services shall submit their emergency contact information to the Rhode Island division of public safety’s E-911 unit in order to facilitate requests from a law enforcement agency for call location information in accordance with this section. This contact information must be submitted annually by June 15 or immediately upon any change in contact information.
(5) The Rhode Island division of public safety’s E-911 unit shall maintain a database containing emergency contact information for all wireless telecommunications carriers registered to do business in the state of Rhode Island and shall make the information immediately available upon request to all public safety answer points in the state.
(c) This section shall be known and may be cited as the “Kelsey Smith Act.”
History of Section. P.L. 1989, ch. 360, § 1; P.L. 1991, ch. 363, § 1; P.L. 2013, ch. 314, § 1; P.L. 2013, ch. 419, § 1; P.L. 2020, ch. 79, art. 1, § 3.
(a) As used in this chapter:
(1) “Electronic communication service” means any service that provides to its users the ability to send or receive wire or electronic communications.
(2) “Foreign entities” means any entity that makes a contract or engages in a term of service agreement with a resident of the state of Rhode Island and a foreign entity.
(3) “Internet service provider” means an entity offering the transmission, routing, or providing of connections of digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received and includes a provider of online services or network access, including entities that provide an electronic communication service or remote computing service, but does not mean the offering on a common carrier basis of telecommunication facilities or of telecommunications.
(4) “Proper service” means the delivery of a search warrant or an administrative subpoena by hand, by United States mail, by commercial delivery service, by facsimile, or by any other manner to any officer of a corporation or its general manager in the state of Rhode Island to any natural person designated by the entity as its agent for service of process, or if the corporation has designated a corporate agent.
(5) “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communication system.
(6) “Service of process on a foreign entity” means that the service of a search warrant or subpoena that is properly served on the foreign entity shall have the same legal force and effect as if served personally within the state of Rhode Island.
(b)(1) An internet service provider, as defined herein, shall disclose subscriber account information consisting of the name, address, IP address, and telephone numbers associated with the account to the attorney general or to the superintendent of the Rhode Island state police upon proper service, and with certification under oath by the attorney general or by the superintendent of the Rhode Island state police, that the information is necessary for an officially documented criminal investigation or prosecution of criminal complaint based on probable cause related to: the exploitation for commercial or immoral purposes, pursuant to § 11-9-1; child nudity prohibited in publications pursuant to § 11-9-1.1; child pornography prohibited pursuant to § 11-9-1.3; employment of children for unlawful purposes pursuant to § 11-9-2; seizure and custody of exploited child — proceedings as against neglected child pursuant to § 11-9-3; contributing to delinquency pursuant to § 11-9-4; cruelty to or neglect of child pursuant to § 11-9-5; indecent solicitation of a child pursuant to § 11-37-8.8; access to computer for fraudulent purposes pursuant to § 11-52-2; intentional access, alteration, damage, or destruction pursuant to § 11-52-3; cyberstalking prohibited pursuant to § 11-52-4.2; violation of restraining order pursuant to § 11-52-4.3; use of false information pursuant to § 11-52-7, video voyeurism pursuant to § 11-64-2, online impersonation pursuant to § 11-52-7.1, and/or electronically disseminating indecent material to minors prohibited pursuant to § 11-9-1.5.
(2) A duly authorized law enforcement person, as designated above, after issuing a certification pursuant to this section, if an arrest, grand jury proceeding, or any criminal prosecution does not result within sixty (60) days, shall apply to a judge for a search warrant as soon as practicable, but not later than seventy-five (75) days after issuance of the certification. In the event that the application is not approved, no information obtained or evidence derived from the subpoena shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other governmental authority or committee, and no information concerning any person acquired from the subpoena shall subsequently be used or disclosed in any other manner by state or local officers or employees without the consent of such person.
(c) An administrative subpoena issued to an internet service provider shall authorize the release of non-content-based subscriber information identifying the name, address, and telephone number of the account along with the internet protocol number.
(d) Notwithstanding any provision of this chapter, or any other provision of the general or public laws to the contrary, telephone records may not be released by an internet service provider pursuant to an administrative subpoena. The Rhode Island superior court shall have the authority to enforce the administrative subpoenas upon application by the issuing law enforcement authority.
(e) The attorney general and/or the superintendent of the Rhode Island state police who issues an administrative subpoena to internet service providers related to: the exploitation for commercial or immoral purposes, pursuant to § 11-9-1; child nudity prohibited in publications pursuant to § 11-9-1.1; child pornography prohibited pursuant to § 11-9-1.3; employment of children for unlawful purposes pursuant to § 11-9-2; seizure and custody of exploited child — proceedings as against neglected child pursuant to § 11-9-3; contributing to delinquency pursuant to § 11-9-4; cruelty to or neglect of child pursuant to § 11-9-5; indecent solicitation of a child pursuant to § 11-37-8.8; access to computer for fraudulent purposes pursuant to § 11-52-2; intentional access, alteration, damage, or destruction pursuant to § 11-52-3; cyberstalking prohibited pursuant to § 11-52-4.2; violation of restraining order pursuant to § 11-52-4.3; use of false information pursuant to § 11-52-7; video voyeurism pursuant to § 11-64-2; online impersonation pursuant to § 11-52-7.1; and/or electronically disseminating indecent material to minors prohibited pursuant to § 11-9-1.5, shall provide an annual report to the general assembly each year detailing the following:
(1) The number of administrative subpoenas issued in the previous year;
(2) The number of separate criminal investigations for which the administrative subpoenas were issued and whether the administrative subpoenas resulted in an arrest, indictment, or criminal information;
(3) The number of investigations that remain part of a pending investigation;
(4) The number that resulted in the closing of a criminal investigation as unfounded; and
(5) The number of investigations that did not result in an arrest, grand jury proceeding, or any criminal prosecution due to an inability to identify the subscriber.
(f) The attorney general’s office and the Rhode Island state police shall compile and forward the reports to the general assembly on an annual basis by March 31 of each year for the previous year. The reports shall be a public record.
(g) No cause of action shall lie in any court against any internet service provider, its officers, employees, or agents for furnishing or disclosing information, in strict compliance with this section.
(h) No law enforcement officer, or any party to these investigations under this section, shall disclose any information obtained as a result of this section, except as it is essential to the proper discharge of their duties.
History of Section. P.L. 2011, ch. 196, § 1; P.L. 2011, ch. 223, § 1; P.L. 2016, ch. 96, § 1; P.L. 2016, ch. 106, § 1.
Public utilities distributing electricity or providing telephone service, heat, or water, produced, transmitted, delivered, or furnished shall charge residential condominium occupants or residential condominium associations for such distribution service, heat, water, or telephone service at a residential rate and not a business, commercial or any other rate.
History of Section. P.L. 1990, ch. 260, § 1; P.L. 1996, ch. 316, § 1.
In addition to other dialing, where technically and economically feasible, a telecommunications public utility shall make available to users a seven-digit (7) dialing capability for completion of intrastate Rhode Island calls outside the local calling area, unless specifically directed otherwise by the customer.
History of Section. P.L. 1995, ch. 258, § 1.
No gas company, as described in § 39-1-2(a)(20), shall allow employees to terminate, restore, or activate gas services unless those employees have gained relevant experience by working for a gas company at least two (2) years and have been properly trained in the safe termination or activation or restoration of gas services. The same criteria shall also apply to the periodic testing of meters. A certification process of gas service employees shall be established and enforced by the public utilities commission.
History of Section. P.L. 2002, ch. 18, § 1.
(a) As used in this section:
(1) “Customer” means the person who subscribes to telephone service from a telephone company or the person in whose name the telephone service is listed.
(2) “Person” means any individual, partnership, corporation, limited-liability company, trust, estate, cooperative association, or other entity.
(3) “Procure” in regard to a telephone record, means to obtain by any means, whether electronically, in writing or in oral form, with or without consideration.
(4) “Telephone” means any device used by a person for voice communications, in connection with the services of a telephone company, whether the voice communications are transmitted in analog, data, or any other form.
(5) “Telephone company” means any person that provides commercial telephone service to a customer, irrespective of the communications technology used to provide the service, including, but not limited to, traditional wireline or cable telephone service, cellular, broadband PCS or other wireless telephone service, microwave, satellite or other terrestrial telephone service, and voice over internet telephone service.
(6) “Telephone record” means information retained by a telephone company that relates to a telephone number dialed by a customer or another person using the customer’s telephone with the customer’s permission, or the incoming number of a call directed to a customer or another person using the customer’s telephone with the customer’s permission, or other data related to the call typically contained on a customer’s telephone bill, including, but not limited to, the time the call started and ended; the duration of the call; the time the call was made; and any charges applied. A telephone record does not include information collected and retained by or on behalf of a customer utilizing caller identification or similar technology.
(b) No person shall: (1) Knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident of this state without the authorization of the customer to whom the record pertains; (2) Knowingly sell or attempt to sell a telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or (3) Receive a telephone record of any resident of this state with the knowledge the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means.
(c) The provisions of this section shall not apply to any person acting pursuant to a valid court order or warrant, or a certification in accordance with § 39-2-20 for the names, addresses, and telephone numbers of persons with nonpublished service, or pursuant to chapter 21.1 of this title.
(d) The provisions of this section shall not be construed to prohibit a telephone company from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly, through its agents, employees, or contractors: (1) As otherwise authorized by law; (2) With the lawful consent of the customer; (3) As may be necessarily incident to the rendition of the service, including, but not limited to, initiating, rendering, billing, and collecting customer charges, or to the protection of the rights or property of the telephone company, or to protect the customer of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; (4) To a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or (5) To the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 227 of the Victims of Child Abuse Act of 1990 [repealed].
(e) The provisions of this section shall not be construed to expand upon the obligations and duties of any telephone company to protect telephone records beyond those otherwise established by federal or state law, including, but not limited to, provisions governing customer proprietary network information in section 222 of the Communications Act of 1934, as amended, 47 U.S.C. § 222.
(f) The provisions of this section shall not apply to a telephone company and its agents or representatives who act reasonably and in good faith pursuant to this section.
(g) Each telephone company that maintains telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of records that could result in substantial harm or inconvenience to any customer. For purposes of this subsection, a telephone company’s procedures shall be deemed reasonable if the telephone company complies with the provisions governing customer proprietary network information in section 222 of the Communications Act of 1934, as amended, 47 U.S.C. § 222.
(h) Any violation of subsection (b) of this section: (1) Involving a single telephone record of up to not more than ten (10) telephone records of a resident of this state shall be a misdemeanor; and (2) Involving more than ten (10) telephone records of a resident of this state shall be a felony.
(i) Any violation of subsection (b) of this section shall be deemed an unfair or deceptive trade act or practice under chapter 13.1 of title 6.
History of Section. P.L. 2006, ch. 239, § 1; P.L. 2006, ch. 241, § 1; P.L. 2006, ch. 245, § 1.
(a) As used in this section, “contact voltage” means and/or refers to a voltage resulting from abnormal power system conditions that may be present between two (2) conductive surfaces that can be simultaneously contacted by members of the general public and/or their animals. Contact voltage is caused by power system fault current as it flows through the impedance of available fault current pathways. Faults contributing to contact voltage may be due to electric system deterioration or damage or improper installation. Contact voltage is of greatest concern in areas where underground electric-distribution systems exist, as faults on those systems may remain active for long periods of time before detection and repair, and therefore contact voltage is a potential shock hazard.
(b) Notwithstanding any general or public law, rule, regulation, or order to the contrary, the Rhode Island public utilities commission and the Rhode Island division of utilities and carriers shall initiate a proceeding within forty-five (45) days of the effective date of this section, to establish, after notice and provision of the opportunity for comment and public hearing, a contact voltage detection and repair program. The program shall require electric distribution companies to implement appropriate procedures to detect contact voltage on publicly accessible surfaces that could become energized by contact voltage due to faults in the underground distribution system. The program shall also recognize the potential for publicly accessible objects such as sidewalks, roadways, fences, storm drains, or other metallic gratings to become energized by faults to the underground distribution system. The program shall require every electric distribution company to adhere to appropriate procedures established by the commission to:
(1) Designate contact voltage risk areas. The boundaries of such areas shall be approved by the commission and shall be based on the presence of underground electric distribution and situated in pedestrian-dense areas such as urban neighborhoods, commercial areas, central business districts, tourist heavy locations, and other places where pedestrians could be exposed to contact voltage;
(2) By June 30, 2013, conduct an initial survey of no less than forty percent (40%) of designated contact voltage risk areas, for contact voltage hazards on all conductive surfaces in public rights-of-way using equipment and technology as determined by the commission;
(3) Beginning July 1, 2013, annually survey no less than twenty percent (20%) of designated contact voltage risk areas, for contact voltage hazards on all conductive surfaces in public rights-of-way using equipment and technology as determined by the commission;
(4) Repair power system faults of the electric distribution company’s underground distribution system, that result in contact voltage appearing on publicly accessible surfaces of a level to be determined by the division of public utilities and carriers;
(5) If during a survey for contact voltage hazards on conductive surfaces in public rights-of-way, an energized surface is identified and the proximate cause is found not to be a utility company asset, then the utility company has no legal duty; however, the company may: clearly designate the area as a contact voltage hazard, and/or notify the account owner or owner of the asset causing the contact voltage hazard, and inform the owner of his or her obligation to perform all necessary repairs consistent with the terms contained in this section;
(6) Annually report on contact voltage findings, including, but not limited to, the number and type of energized objects on both company-owned and customer-owned assets; voltage level; corrective action taken; shocks that occur to members of the public or to pets owned by members of the public; and any other information that the commission deems appropriate.
(c) The commission shall require, as part of the program established pursuant to subsection (b), that electric distribution companies maintain records of the testing and subsequent maintenance or repairs performed by the electric distribution companies, and submit copies of the records to the commission, which shall make the records available for public inspection. The costs of this program shall be fully recovered by the utility company annually through a fully reconciling funding mechanism to be submitted annually to the commission for review and approval.
(d) The commission shall review and determine which equipment and technology shall be used for the surveying of contact voltage consistent with subsections (b)(2) and (b)(3). Such a review may include, but not be limited to, the use of mobile testing technology.
(e) Any electric distribution company that fails to comply with the requirements of the program established pursuant to subsection (b) shall be subject to a penalty to be determined by the commission and in compliance with this title.
(f) As used in this section, “electric distribution company” means a company as defined in § 39-1-2(a)(12), but not including the Block Island Power Company or the Pascoag Utility District.
(g) The commission shall, within one hundred twenty (120) days of the effective date of this section, conclude the proceeding initiated pursuant to subsection (b). Within these one hundred twenty (120) days, the commission shall also issue an order establishing the contact voltage detection and repair program. Within one year after the issuance of the order establishing the program, and during each subsequent one-year period following the date of issuance of that order, the commission shall provide the legislature with a report on the effectiveness of the program, and any recommendations for any changes thereto, including whether to require the Block Island Power Company or the Pascoag Utility District to develop and participate in a contact voltage detection and repair program.
History of Section. P.L. 2012, ch. 162, § 1; P.L. 2012, ch. 173, § 1.
Submission, approval, penalties for failure to file, and denial of recovery of service restoration costs for failure to implement emergency response plan.
(a) Each electric distribution company and natural gas distribution company conducting business in the state shall, on or before May 15, 2022, and annually thereafter, submit to the division an emergency response plan for review and approval. The emergency response plan shall be designed for the reasonably prompt restoration of service in the case of an emergency event, which is an event where widespread outages have occurred in the service area of the company due to storms or other causes beyond the control of the company.
(b) After review of an electric distribution or natural gas distribution company’s emergency response plan, the division may request that the company amend the plan. The division may open an investigation of the company’s plan. If, after hearings, the division finds a material deficiency in the plan, the division may order the company to make such modifications that it deems reasonably necessary to remedy the deficiency.
(c) Any investor-owned electric distribution or natural gas distribution company that fails to file its emergency response plan may be fined five hundred dollars ($500) for each day during which the failure continues. Any fines levied by the division shall be returned to ratepayers through distribution rates in a manner determined by the commission.
(d) Each investor-owned electric distribution or natural gas distribution company, when implementing an emergency response plan, shall designate an employee or employees to remain stationed at the Rhode Island emergency management agency’s emergency operations center for the duration of the emergency when the emergency operations center is activated in response to an emergency with an electric or gas service restoration component. In the event of a virtual activation of the emergency activation center, each investor-owned electric and natural gas distribution company shall designate an employee or employees to participate in the virtual activation. The employee or employees shall coordinate communications efforts with designated local and state emergency management officials, as required by this section.
(e) Each investor-owned electric distribution or natural gas distribution company, when implementing an emergency response plan, shall designate an employee or employees to serve as community liaisons for each municipality within their service territory. An investor-owned electric distribution or natural gas distribution company shall provide each community liaison with the necessary feeder map or maps outlining municipal substations and distribution networks and up-to-date customer outage reports at the time of designation as a community liaison. An investor-owned electric distribution or natural gas distribution company shall, at a minimum, provide each community liaison with three (3) customer outage report updates for each twenty-four-hour (24) period, to the liaison’s respective city or town. The community liaison shall utilize the maps and outage reports to respond to inquiries from state and local officials and relevant regulatory agencies.
(f) On or before October 1 of each year, every city or town shall notify each investor-owned electric distribution or natural gas distribution company and the Rhode Island emergency management agency of the name of the emergency management official or designee responsible for coordinating the emergency response during storm restoration. If a municipality does not have a designated emergency management official, the chief municipal officer shall designate one public safety official responsible for said emergency response.
(g) Notwithstanding any existing power or authority, the division may open an investigation to review the performance of any investor-owned electric distribution or natural gas distribution company in restoring service during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the division finds that, as a result of the failure of the company to follow its approved emergency response plan, the length of the outages were materially longer than they would have been but for the company’s failure, the division shall recommend that the commission enter an order denying the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the service outage.
(h) Notwithstanding any general or special law or rule or regulation to the contrary, upon request by the commission, division and any emergency management agency each electric distribution or natural gas distribution company conducting business in the state shall provide periodic reports regarding emergency conditions and restoration performance during an emergency event consistent with orders of the commission and/or division.
History of Section. P.L. 2021, ch. 162, art. 8, § 1, effective July 6, 2021.
The division shall open a docket and establish standards of acceptable performance for emergency preparation and restoration of service for each investor-owned electric and gas distribution company doing business in the state. The division shall levy a penalty not to exceed one hundred thousand dollars ($100,000) for each violation for each day that the violation of the division’s standards persists; provided, however, that the maximum penalty shall not exceed seven million five hundred thousand dollars ($7,500,000) for any related series of violations. The division shall open a full investigation, upon its own initiative. Nothing herein shall prohibit any affected city or town from filing a complaint with the division regarding a violation of the division’s standards of acceptable performance by an investor-owned electric distribution or natural gas distribution company; provided, however, that the petition shall be filed with the division no later than ninety (90) days after the violation has been remedied. After an initial review of the complaint, the division shall make a determination as to whether to open a full investigation.
History of Section. P.L. 2021, ch. 162, art. 8, § 1, effective July 6, 2021.
Any penalty levied by the division against an investor-owned electric distribution or natural gas distribution company for any violation of the division’s standards of acceptable performance for emergency preparation and restoration of service for electric and gas distribution companies shall be credited back to the company’s customers in a manner determined by the commission.
History of Section. P.L. 2021, ch. 162, art. 8, § 1, effective July 6, 2021.
(a) Prior to the location or relocation of any residential gas regulator or gas meter, the public utility shall consult with the owner(s) of the property as to their preference concerning the most suitable location for such devices, and the public utility shall give preference to locations that are least visibly prominent.
(b) The public utility is hereby prohibited from installing gas regulators and/or gas meters on the visible front of any residential property or visible sides of the property that face a public right-of-way, unless permitted to do so by the owner or unless it is determined that there exists no prudent and feasible alternative to such location. In high-pressure systems, the gas regulator may be located in an unobtrusive exterior location that is not visible from a public right-of-way.
History of Section. P.L. 2009, ch. 110, § 1; P.L. 2009, ch. 184, § 1.
(a) The public utility is hereby prohibited from installing gas regulators or gas meters on the exterior of property located within a historic district, unless permitted to do so by the owner, and is hereby required to obtain a certificate of appropriateness from the historic district commission of any city or town that has been created by the city or town council in accordance with the provisions of chapter 24.1 of title 45, et seq.; provided, however, in high-pressure systems, the public utility may install gas regulators on the exterior of property, subject to the exterior location being approved by the owner and the historic district commission.
(b) For the purposes of this section, “property located within a historic district” means “a certified historic structure” as defined in § 44-33.2-2(1).
History of Section. P.L. 2009, ch. 110, § 1; P.L. 2009, ch. 184, § 1.
(a) The owner(s) of any residential property within the interior of which a gas regulator or gas meter is located shall grant reasonable access to the public utility responsible for the maintenance of the regulator or meter in order to perform safety activities as required by law not less than every thirty-six (36) months. Any owner who denies the public utility access to the gas regulator or gas meter shall be subject to termination of service, and the public utility is hereby authorized to relocate the gas regulator or gas meter to the exterior of the property in accordance with the provisions of § 39-2.1-1.
(b) The owner(s) of property with interior gas regulators or gas meters shall be required to sign a consent form agreeing to the terms set forth in subsection (a).
(c) The owner(s) of residential property are hereby authorized to paint exterior gas regulators, but not the regulator vents, and gas meters in order to blend with color of the property, and may landscape in front of the regulator and/or meter in order to conceal the location thereof.
History of Section. P.L. 2009, ch. 110, § 1; P.L. 2009, ch. 184, § 1.
This chapter shall be known and may be cited as the “Rhode Island Utility Fair Share Roadway Repair Act.”
History of Section. P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.
Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter 8.1 of title 24 that shall alter, excavate, disrupt, or disturb a roadway shall be responsible for complete repaving and repair of the roadway from curbline to curbline or as required in accordance with the state or municipal utility permit requirements.
History of Section. P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.
(a) Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction of the director of the department of transportation.
(b) All utility work within and/or upon a state road or state right-of-way requires a state utility permit issued by the department of transportation prior to the work commencing. Any public utility or utility facility violating this section for non-emergency utility work without a state utility permit shall be fined five hundred dollars ($500) per incident in addition to the required road repaving and repair (restoration).
(c) As part of the state utility permit requirements:
(1) The public utility or utility facility shall obtain and submit to the state a performance bond in accordance with the state utility permit application requirements prior to the state utility permit being issued by the department of transportation; and
(2) The department of transportation will contract with pre-qualified vendors (Master Price Agreement) to conduct state-certified testing and inspection services on all utility work in accordance with the state utility permit requirements, and the public utility or utility facility shall reimburse the department of transportation for these costs.
History of Section. P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.
Any repaving and repair of a municipal road required by § 39-2.2-2 shall be in accordance with standards promulgated by the director of the department of transportation.
History of Section. P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.
(a) If the director of the department of transportation deems any repaving or repair of a state road insufficient, defective, noncompliant, or incomplete and requests repairs, it will be the responsibility of the public utility or utility facility to complete the repairs to the satisfaction of the director of the department of transportation within thirty (30) days of being notified.
(b) If the public utility or utility facility fails to complete the repairs, the department of transportation will initiate the repairs through the performance bond claim process and/or recovering the amount required for the repairs from the public utility or utility facility.
(c) If any payment determined to be due from any public utility or utility facility for reparation, reconstruction, or repaving shall not be paid to the state within one year from the date of the determination, the state shall be entitled to recover the amount due in an action of debt, together with interest from six (6) months from the date of determination at the rate of ten percent (10%) per annum.
History of Section. P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.
No public utility, whether privately owned or a quasi-public agency, shall distribute electricity or furnish or sell gas in any town or city in which any other public utility is at the time distributing electricity or furnishing or selling gas to the public generally, unless the public utility desiring to distribute electricity or to furnish or sell gas shall first have obtained a certificate from the division of public utilities and carriers certifying that public convenience and necessity require the same. Nothing contained in this chapter shall be construed to require a certificate to be obtained as a condition of distributing electricity or furnishing or selling gas in any town or city by any public utility that was actually distributing electricity or furnishing or selling gas to the public generally in the town or city on or prior to January 1, 1996, or by any successor to the public utility. The division shall not grant the certificate to any electric distribution company if the electric distribution company that is distributing electricity in the town or city offers to provide distribution service to all customers served by any nonregulated power producer, whether affiliated or not, on comparable prices and terms approved pursuant to this title, including the transition charge pursuant to § 39-1-27.4. A copy of any application filed by the Block Island Power Company with either the commission or the division shall be provided by the Block Island Power Company to the New Shoreham town clerk by certified mail.
History of Section. G.L. 1923, ch. 253, § 59; P.L. 1926, ch. 767, § 1; G.L. 1938, ch. 122, § 55; G.L. 1956, § 39-3-1; P.L. 1971, ch. 265, § 5; P.L. 1972, ch. 205, § 5; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 106; P.L. 2002, ch. 73, § 1; P.L. 2002, ch. 361, § 1.
Purchasing cooperatives may at any time be organized consisting of any group of electricity consumers for the purpose of negotiating for electric power from nonregulated power producers. The purchasing cooperatives shall be considered to be associations of electricity consumers organized solely for the purpose of negotiating the purchase of electric power by members of the cooperative. Purchasing cooperatives are specifically not required to be legal entities and are hereby prohibited from engaging in resale of electric power. Electricity consumers will maintain individual accounts with the nonregulated power producer with which a contract is concluded. Electricity consumers may withdraw from a purchasing cooperative at any time by providing thirty (30) days’ notice to the cooperative and to nonregulated power producers with which a purchasing cooperative has reached an agreement. Nothing in this section shall prevent a cooperative from becoming a legal entity or utilizing a legal entity to negotiate for rates for the purchasing cooperative.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 106.
(a)(1) The legislative authority of a municipality may adopt an ordinance or resolution, under which it may aggregate in accordance with this section one or more classes of the retail electrical loads located, respectively, within the municipality or town and, for that purpose, may enter into service agreements to facilitate for those loads the sale and purchase of electricity. The legislative authority also may exercise this authority jointly with any other legislative authority. An ordinance or resolution under this section shall specify whether the aggregation will occur only with the prior consent of each person owning, occupying, controlling, or using an electric load center proposed to be aggregated or will occur automatically for all persons pursuant to the opt-out requirements of this section. Nothing in this section, however, authorizes the aggregation of retail electric loads of an electric load center that is located in the certified territory of a nonprofit electric supplier or an electric load center served by transmission or distribution facilities of a municipal electric utility.
(2) No legislative authority pursuant to an ordinance or resolution under this section that provides for automatic aggregation as described in this section, shall aggregate the electrical load of any electric load center located within its jurisdiction unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the aggregation program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the aggregation program the opportunity, at a minimum, to opt-out of the program every two (2) years, without paying a switching fee. Any person who leaves the aggregation program pursuant to the stated procedure shall default to the last-resort service until the person chooses an alternative supplier.
(b) A governmental aggregator under this section is not a public utility engaging in the wholesale purchase and resale of electricity, and the aggregated service is not a wholesale utility transaction. A governmental aggregator shall be subject to supervision and regulation by the commission only to the extent of any competitive retail electric service it provides and commission authority.
(c) A town may initiate a process to authorize aggregation by a majority vote of a town meeting or of the town council. A city may initiate a process to authorize aggregation by a majority vote of the city council, with the approval of the mayor, or the city manager. Two (2) or more municipalities may, as a group, initiate a process jointly to authorize aggregation by a majority vote of each particular municipality as required in this section.
(d) Upon the applicable requisite authority under this section, the legislative authority shall develop a plan of operation and governance for the aggregation program so authorized. Before adopting a plan under this section, the legislative authority shall hold at least one public hearing on the plan. Before the hearing, the legislative authority shall publish notice of the hearing once a week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdiction. The notice shall summarize the plan and state the date, time, and location of any hearing. A municipality or group of municipalities establishing load aggregation pursuant to this section shall develop a plan, for review by its citizens, detailing the process and consequences of aggregation. The plan shall identify which classes of customers may participate, based on their applicable electric distribution company tariff or rate schedule. Any municipal load aggregation plan established pursuant to this section shall provide for universal access to all applicable customers and equitable treatment of applicable classes of customers and shall meet any requirements established by law or the commission concerning aggregated service. The plan shall be filed with the commission, for its final review and approval, and shall include, without limitation, an organizational structure of the program, its operations, and its funding; the process for establishing rates and allocating costs among participants; the methods for entering and terminating agreements with other entities; the rights and responsibilities of program participants; and termination of the program. The plan must also include the terms and conditions under which retail customers who or that have chosen to opt-out of the aggregated service may take service from the aggregated entity. At the time of the legislative authority’s filing of the plan with the commission, a copy of the proposed plan filing shall be provided to the electric distribution company whose customers would be included in the plan. Prior to its decision, the commission shall conduct a public hearing. Following approval of the plan, the legislative authority may solicit bids from nonregulated power producers pursuant to the methods established by the plan. The legislative authority shall report the results of this solicitation and proposed agreement awards to the commission. The legislative authority shall have the right to terminate the operation of the plan by placing its customers on last-resort service. If the legislative authority terminates the operation of the plan and places customers on last-resort service, a municipality seeking to form a new municipal aggregation load must submit a new plan to the commission for approval, in accordance with this section, before the customers may enroll in a new aggregation program.
(e)(1) Any retail customer in a municipality with an approved aggregation plan may elect instead to receive retail supply from another licensed retail supplier or from the local distribution company. Within thirty (30) days of the date the aggregated entity is fully operational, ratepayers who or that have not affirmatively elected an alternative authorized supplier shall be transferred to the aggregated entity subject to the opt-out provision in this section. Following adoption of aggregation as specified above, the program shall allow any retail customer to opt-out and choose any supplier or provider that the retail customer wishes. Nothing in this section shall be construed as authorizing any city or town or any municipal retail load aggregator to restrict the ability of retail electric customers to obtain or receive service from any authorized provider of it.
(2) It shall be the duty of the aggregated entity to fully inform participating ratepayers in advance of automatic enrollment that they are to be automatically enrolled and that they have the right to opt-out of the aggregated entity without penalty. In addition, such disclosure shall prominently state all charges to be made and shall include full disclosure of the standard-offer rate, how to access it, and the fact that it is available to them without penalty, if they are currently on standard-offer service. The commission shall furnish, without charge, to any citizen a list of all other supply options available to them in a meaningful format that shall enable comparison of price and product.
(f) The municipality or group of municipalities shall, within two (2) years of approval of its plan, or such further time as the commission may allow, provide written notice to the commission that its plan is implemented. The commission may revoke certification of the aggregation plan if the municipality or group of municipalities fails to substantially implement the plan.
(g) The commission may, from time to time, promulgate rules by which the legislative authority may request information from the electric distribution company or companies whose customers would be included in its plan. These rules shall ensure that municipalities have reasonable and timely access to information pertinent to the formation of the plan and solicitation of bids to serve customers; that confidentiality of individuals is protected; and that charges for production of data are reasonable and not unduly burdensome to the legislative authority.
History of Section. P.L. 2002, ch. 144, § 5; P.L. 2017, ch. 390, § 1; P.L. 2017, ch. 422, § 1; P.L. 2020, ch. 79, art. 1, § 4.
No certificate shall be issued to any person who is not a citizen resident within this state, or to any association, unless all members of the association are citizens of this state, or to any corporation unless the corporation has been created by special act of the general assembly upon petition for the same. Notice of the pendency of the petition shall be given in such manner as the general assembly may by general law or special act prescribe; provided, however, that the prohibition contained in this section shall not apply to any corporation lawfully doing business in this state as a public utility prior to March 1, 1926.
History of Section. G.L. 1923, ch. 253, § 59; P.L. 1926, ch. 767, § 1; G.L. 1938, ch. 122, § 55; G.L. 1956, § 39-3-2; P.L. 1971, ch. 265, § 5; P.L. 1972, ch. 205, § 5.
(a) No common carrier of persons and/or property operating upon water between termini within this state shall hereafter furnish or sell its services unless the common carrier shall first have made application to and obtained a certificate from the division certifying that public convenience and necessity required the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant to this section. Certificates issued under this section shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues; provided, however, that this fee shall not apply to any city or town, to any agency or department of any city or town of the state, or to any nonprofit corporation in the tourism industry.
(b) A copy of any application filed with either the commission or the division by a water common carrier that includes a New Shoreham terminus shall be provided by the water common carrier to the New Shoreham town clerk by certified mail.
(c) Notwithstanding any provision of §§ 39-5-1 and/or 42-35-15, or any other provision of the general or public laws to the contrary, no agency nor reviewing court may order an interlocutory stay of any order of the division with respect to an application entered under § 39-3-3.1, and/or certificate under § 39-3-3.1. Nothing herein shall be construed to limit the right of any petitioner, public utility, party in interest, or other person or entity aggrieved by an order of the division entered under § 39-3-3.1, from seeking judicial review in accordance with §§ 39-5-1 and/or 42-35-15.
History of Section. G.L. 1938, ch. 122, § 55; P.L. 1942, ch. 1249, § 1; P.L. 1951, ch. 2795, § 1; P.L. 1954, ch. 3403, § 1; G.L. 1956, § 39-3-3; P.L. 1992, ch. 133, art. 34, § 4; P.L. 1995, ch. 370, art. 40, § 117; P.L. 2002, ch. 73, § 1; P.L. 2002, ch. 361, § 1; P.L. 2004, ch. 580, § 1.
A petition in writing for the issuance of a certificate under § 39-3-3 shall first be filed with the division of public utilities and carriers by the common carrier desiring to obtain such certificate. Upon receipt of the petition, the division shall fix a time and place of hearing thereon and shall give notice as it may prescribe of the pendency of the petition and of the time and place of a hearing thereon to the petitioner, to the mayor and also any city manager of each city, and to the president of the town council and also any town manager for each town, in which the petitioner desires to pick up or discharge passengers. The division shall also publish a notice of the hearing at least ten (10) days prior to the date thereof in a newspaper of general circulation in each city or town in which the petitioner desires to pick up or discharge passengers. After the hearing the division shall enter an order granting or refusing to grant the petition.
History of Section. P.L. 1986, ch. 48, § 1; P.L. 1986, ch. 504, § 2.
Any person, corporation, or authority who or that has lawfully been doing business as a common carrier of persons and/or property upon water between termini within this state during a seven-year period, seasonally or otherwise, prior to April 30, 1943, and any cooperative association that, although not yet operating between its proposed termini within this state, has been formed for the purpose of providing a means of transportation by water, and that has been incorporated under the provisions of chapter 8 of title 7, prior to April 30, 1954, shall be entitled as a matter of right and without public hearing thereon, to receive a certificate of convenience and necessity from the division setting forth the scope and termini of its operation.
History of Section. G.L. 1938, ch. 122, § 55; P.L. 1942, ch. 1249, § 1; 1951, ch. 2795, § 1; P.L. 1954, ch. 3403, § 1; G.L. 1956, § 39-3-4.
A petition in writing for the issuance of a certificate under § 39-3-1 shall first be filed with the division of public utilities and carriers by the public utility desiring to obtain the certificate. Upon receipt of the petition, the division shall fix a time and a place for a hearing thereon, and shall give such notice as it may prescribe of the pendency of the petition and of the time and place of the hearing thereon to the petitioner, to the mayor of each city, and to the president of the town council of each town, in which the petitioner desires to furnish or sell gas or electricity, and to any public utility furnishing or selling gas or electricity in the town or city, and shall give a public hearing upon the petition. After the hearing the division of public utilities and carriers shall enter an order granting or refusing to grant the petition.
History of Section. G.L. 1923, ch. 253, § 60; P.L. 1926, ch. 767, § 1; G.L. 1938, ch. 122, § 56; G.L. 1956, § 39-3-5; P.L. 1971, ch. 265, § 6; P.L. 1972, ch. 205, § 5.
Any petitioner or any public utility or other party in interest aggrieved by any order of the division granting or refusing to grant the petition, or rescinding, altering, or amending any previous action of the division, may appeal to the superior court as provided in § 39-5-1, and all the other provisions of chapters 1 — 5 of this title relative to appeals shall apply to appeals from any order.
History of Section. P.L. 1971, ch. 265, § 6; P.L. 1972, ch. 205, § 5; P.L. 1984, ch. 81, § 12.
The commission shall periodically, after having given each public utility concerned reasonable notice and an opportunity to be heard, determine and fix by order the standard amount, quality, pressure, initial voltage, and character of each kind of product or service to be furnished or rendered by each public utility, and standard condition or conditions pertaining to furnishing or rendering the same, and thereafter each public utility shall furnish and render the same accordingly. The hearing prescribed by this section may be held simultaneously with the hearing prescribed by § 39-3-11.
History of Section. P.L. 1912, ch. 795, § 45; G.L. 1923, ch. 253, § 45; G.L. 1938, ch. 122, § 42; G.L. 1956, § 39-3-7; P.L. 1969, ch. 240, § 5.
The use of “master-meters,” so-called, in apartment or tenement houses containing more than ten (10) apartments or dwelling units is hereby prohibited; provided, however, that this section shall only apply to apartment houses, construction of which is commenced after July 1, 1977. Each apartment or dwelling unit shall have a measuring device or meter for the purpose of measuring the electricity used only by that apartment. The commission shall promulgate all necessary rules and regulations to carry out the purposes and provisions of this section; provided, however, that this section shall not apply to the multifamily dwellings constructed for the exclusive use of persons who are elderly and/or disabled through public financing, whenever the organization sponsoring the construction shall elect to use a single meter for all, or designated portions, of the housing.
History of Section. P.L. 1976, ch. 222, § 1; P.L. 1979, ch. 387, § 1; P.L. 1999, ch. 83, § 88; P.L. 1999, ch. 130, § 88.
The division shall ascertain and fix adequate and serviceable standards for the measurement of the quality, pressure, initial voltage, or other condition pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for the examination and testing of the product or service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications, and standards to secure accuracy of all meters and appliances for measurement, and every public utility is required to carry into effect all orders issued by the division relative thereto.
History of Section. P.L. 1912, ch. 795, § 46; G.L. 1923, ch. 253, § 46; G.L. 1938, ch. 122, § 43; G.L. 1956, § 39-3-8.
The division shall provide for the examination and testing of any and all appliances used for measuring any product or service of any public utility. Any consumer or user may have any appliances tested upon payment of the fees fixed by the division. The division shall declare and establish reasonable fees to be paid for the testing of appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his or her request, but to be paid by the public utility and repaid to the consumer or user if the appliances be found defective or incorrect or to the disadvantage of the consumer or user. A meter shall be deemed correct for the purpose of this section if it appears from the examination or test that it does not vary more than two percent (2%) from the standard approved by the division.
History of Section. P.L. 1912, ch. 795, § 47; G.L. 1923, ch. 253, § 47; G.L. 1938, ch. 122, § 44; G.L. 1956, § 39-3-9.
(a) Every public utility shall file with the public utilities administrator, within a time to be fixed by the administrator, schedules that shall be open to public inspection, showing all rates, tolls, and charges it has established and that 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. § 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 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. 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 § 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 § 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.
History of Section. P.L. 1912, ch. 795, § 48; P.L. 1918, ch. 1651, § 1; G.L. 1923, ch. 253, § 48; G.L. 1938, ch. 122, § 45; P.L. 1949, ch. 2172, § 1; G.L. 1956, § 39-3-10; P.L. 2011, ch. 132, § 2; P.L. 2011, ch. 148, § 2.
(a) No change shall be made in the rates, tolls, and charges that have been filed and published by any public utility in compliance with the requirements of § 39-3-10, except after thirty (30) days’ notice to the commission and to the public published as provided in § 39-3-10, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. Whenever the commission receives notice of any change or changes proposed to be made in any schedule filed under the provisions of § 39-3-10, the commission shall hold a public hearing and make investigation as to the propriety of the proposed change or changes. After notice of any investigation, the commission shall have power, by any order served upon the public utility affected, to suspend the taking effect of the change or changes pending the decision thereof, but not for a longer period than eight (8) months beyond the time when the change or changes would otherwise take effect. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the commission shall make such order in reference to any proposed rate, toll, or charge as may be proper. Notwithstanding the provisions of this section, the commission shall periodically hold a public hearing and make investigation as to the propriety of rates when charged by any public utility and shall make such order in reference to the rate, toll, or charge as may be just. The hearing prescribed by this section may be held simultaneously with the hearing prescribed by § 39-3-7. In the event of an appeal from an order of the commission in any hearing under this section, the order shall remain in full force and effect during the pendency of said appeal.
(b) Upon receipt from a common carrier of persons and/or property upon water of a notice of any change proposed to be made in any schedule filed pursuant to § 39-3-10, the commission shall give notice as it may prescribe of the pendency of the proposal and of the time and place of the hearing thereon to the mayor and also any city manager of each city, and to the president of the town council and also any town manager of each town in which the carrier picks up or discharges passengers. The commission shall also publish a notice of the hearing at least ten (10) days prior to the date thereof in a newspaper of general circulation in each city or town in which the carrier picks up or discharges passengers. In all other respects, hearings and investigations with respect to the proposals by the carriers shall be governed by the provisions of subsection (a) of this section.
(c) The Kent County Water Authority shall provide notice by certified mail of rate increase requests to the several fire districts that purchase water from the authority.
(d) Costs incurred by electric distribution companies for filing rates, tolls, and charges, for participating in hearings and investigations prior to December 31, 2000, or for appealing commission decisions rendered prior to December 31, 2000, pursuant to this section shall not be included in the rates, tolls, or charges established by the commission pursuant to this section.
History of Section. P.L. 1912, ch. 795, § 48; P.L. 1918, ch. 1651, § 1; G.L. 1923, ch. 253, § 48; G.L. 1938, ch. 122, § 45; P.L. 1949, ch. 2172, § 1; G.L. 1956, § 39-3-11; P.L. 1969, ch. 240, § 5; P.L. 1977, ch. 236, § 2; P.L. 1986, ch. 48, § 2; P.L. 1986, ch. 504, § 2; P.L. 1995, ch. 291, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 106; P.L. 2009, ch. 56, § 1; P.L. 2009, ch. 79, § 1.
(a) Notwithstanding any other provisions of this chapter, the commission shall not have the power to suspend the taking effect of any change or changes in the rates, tolls, and charges filed and published in compliance with the requirements of §§ 39-3-10 and 39-3-11 by any public waterworks or water service owned or furnished by a city, town, or any other municipal corporation defined as a public utility in § 39-1-2, when the change or changes are proposed to be made solely for the purpose of making payments or compensation to any city or town for reimbursement of any loans or advances of money previously issued to any public waterworks or water service by any city or town under existing contracts or arrangements; provided, however, that the change or changes shall take effect subject to refund or credit pending further investigation, hearing, and order by the commission within eight (8) months after the effective date. The public waterworks or water service shall file with the commission the new rate schedule along with the documentary evidence of the indebtedness supporting the new rates. Further, the rate schedule shall be published in a newspaper of general circulation in the service area by the waterworks or water service at least ten (10) days prior to the effective date thereof.
(b) The provisions of this section shall not be construed to bar recovery of loans or advances of money not otherwise reflected in existing rates, tolls, and charges issued to May 19, 1982.
(c) In setting rates for publicly owned water authorities, the commission shall not require the payment of rental fees for fire hydrants from any municipality that has prohibited such fees by ordinance as provided in § 45-39-4 and has given notice to the commission of the ordinance.
History of Section. P.L. 1982, ch. 428, § 1; P.L. 2011, ch. 189, § 1; P.L. 2011, ch. 278, § 1.
[Repealed]
History of Section. P.L. 1993, ch. 138, art. 37, § 1; P.L. 1994, ch. 70, art. 17, § 1; P.L. 1995, ch. 370, art. 28, § 1; P.L. 1996, ch. 100, art. 38, § 1; P.L. 1997, ch. 30, art. 11, § 1; P.L. 1998, ch. 31, art. 17, § 1; P.L. 1999, ch. 31, art. 16, § 1; P.L. 2000, ch. 55, art. 17, § 1; P.L. 2001, ch. 77, art. 21, § 1; P.L. 2002, ch. 65, art. 39, § 1; P.L. 2003, ch. 376, art. 35, § 1; P.L. 2004, ch. 595, art. 36, § 1; P.L. 2005, ch. 117, art. 18, § 1; P.L. 2006, ch. 246, art. 16, § 1; P.L. 2007, ch. 73, art. 31, § 1; P.L. 2008, ch. 93, § 4; P.L. 2008, ch. 100, art. 13, § 1; P.L. 2008, ch. 122, § 4; P.L. 2009, ch. 68, art. 9, § 1; Repealed by P.L. 2010, ch. 23, art. 10, § 3, effective July 1, 2010.
Notwithstanding any other provisions of law, the Providence Water Supply Board shall transfer to the general fund of the city of Providence an amount equal to five percent (5%) per annum times the annual gross revenues of the Providence Water Supply Board for the fiscal year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence Water Supply Board’s rates approved by a final unappealable order of the public utilities commission for the same three (3) fiscal years.
History of Section. P.L. 2003, ch. 376, art. 7, § 12.
At any hearing involving any proposed increase in any rate, toll, or charge, the burden of proof to show that the increase is necessary in order to obtain a reasonable compensation for the service rendered shall be upon the public utility; provided, that the commission may, in its discretion and for good cause shown, allow changes within less time than required by the notice specified in § 39-3-11, and without holding the hearing and investigation therein provided for, or modify the requirements of § 39-3-11 with respect to filing and publishing tariffs, either in the particular instance or by general order applicable to special or particular circumstances or conditions, or may enter an interim order prescribing a temporary schedule of rates, tolls, and charges pending the completion of its investigation.
History of Section. P.L. 1912, ch. 795, § 48; P.L. 1918, ch. 1651, § 1; G.L. 1923, ch. 253, § 48; G.L. 1938, ch. 122, § 45; P.L. 1949, ch. 2172, § 1; G.L. 1956, § 39-3-12; P.L. 1973, ch. 199, § 3.
(a) Notwithstanding any other provisions of this chapter, no water company, supplier, or water utility regulated by the commission shall be allowed to file its rate schedules or notice of changes in rates unless it shall also file a statement containing the following information:
(1) The status of its physical plant, including the volume of its water supply and the source of the supply.
(2) The maintenance policy of the utility, to include the date distribution pipes were last installed, and the length of pipe installed for at least a ten-year (10) duration.
(3) The name and cost of each chemical introduced into the water supply during the most recent six-month (6) period, including the amount used and the purpose for the use.
(4) The policy of the utility toward future expansion and renovation of the physical plant, including the amount of funds expended within the preceding year and expected to be expended within the next year for expansion, renovation, equipment purchase, and/or research and development.
(b) Copies of the statements will be filed with the city and town councils of those cities and towns serviced by the utility.
History of Section. P.L. 1977, ch. 251, § 1.
No electric utility, as defined in chapter 1 of this title, may include as part of its rate base any expense for advertising, either direct or indirect, that promotes the construction of a nuclear facility for the generation of electricity, and no utility so regulated may furnish support of any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and include the expense as part of its rate base. The commission shall promulgate such rules and regulations as are necessary to require public disclosure of all advertising expenses, of whatever kind, either direct or indirect, and to otherwise effectuate the provisions of this section.
History of Section. P.L. 1979, ch. 410, art. 7, § 1.
The division shall have power, when deemed by it necessary to prevent injury to the business or interest of the people or any public utility of this state in case of any emergency to be judged of by the division, to permit any public utility to temporarily alter, amend, or suspend any existing rates, schedules, and order relating to or affecting any public utility or part of any public utility in this state.
History of Section. P.L. 1912, ch. 795, § 44; G.L. 1923, ch. 253, § 44; G.L. 1938, ch. 122, § 41; G.L. 1956, § 39-3-13.
The division shall have the power, when deemed by it necessary, to provide remedial relief from unjust, unreasonable, or discriminatory acts, or from any matter, act, or thing done by a public utility, which matter, act, or thing is in chapters 1 — 5 of this title, or otherwise, prohibited or declared to be unlawful, to order the public utility to make restitution to any party or parties, individually or as a class, injured by the prohibited or unlawful acts, by way of a cash refund, billing credit, or rate adjustment, or any other form of relief that the division may devise to do equity to the parties. Any award made in restitution shall carry interest from the date of the injury, at the rate of seven percent (7%) from the date of the order of the division.
History of Section. P.L. 1975, ch. 276, § 1.
The division may, from time to time, establish and prescribe a system of forms of accounts to be used by all public utilities, or may classify the public utilities and prescribe a system of forms of accounts for each class thereof. The accounts of all public utilities shall be kept in accordance with the forms prescribed. The division may also, in its discretion, prescribe the forms of records and memoranda to be kept by the public utilities. The forms of accounts and the forms of records and memoranda prescribed and established by the division with respect to common carriers shall conform as nearly as may be to the similar forms from time to time established and prescribed by the Interstate Commerce Commission.
History of Section. P.L. 1912, ch. 795, § 61; P.L. 1918, ch. 1651, § 2; G.L. 1923, ch. 253, § 58; G.L. 1938, ch. 122, § 54; G.L. 1956, § 39-3-14.
A public utility, as defined in § 39-1-2, may not, without application to and authority from the division, issue stocks, bonds, notes, or other evidences of indebtedness, payable more than twelve (12) months from the date of issue, when necessary for the acquisition of property; the construction, completion, extension, or improvement of its facilities; or for the improvement or maintenance of its service; or for the reorganization or readjustment of its indebtedness and/or capitalization; or for the discharge or lawful refunding of its obligations; or for the reimbursement of money actually expended from income or from any other money in the treasury of the public utility not secured or obtained from the issue of stocks, bonds, notes, or other evidences of indebtedness of the public utility.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-15; P.L. 1997, ch. 142, § 3; P.L. 2017, ch. 18, § 2; P.L. 2017, ch. 31, § 2.
[Repealed]
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
(a) The proceedings for obtaining the consent and authority of the division for the security issue as provided in §§ 39-3-15 — 39-3-23 shall be as follows:
(1) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for money only, the public utility shall file with the division a statement, signed and verified by the president and secretary thereof, setting forth:
(i) The amount and character of the stocks, bonds, or other evidence of indebtedness;
(ii) The purposes for which they are to be issued;
(iii) The terms upon which they are to be issued;
(iv) The total assets and liabilities of the public utility in such detail as the division may require;
(v) If the issue is desired for the purpose of reimbursement of money expended from income, as herein provided, the amount expended, when and for what purposes expended; and
(vi) Such other facts and information pertinent to the inquiry as the division may require.
(2) If the stocks, bonds, notes, or other evidence of indebtedness are to be issued, partly, or wholly for property or services or other consideration than money, the public utility shall file with the division a statement, signed and verified by its president and secretary, setting forth:
(i) The amount and character of the stocks, bonds, or other evidence of indebtedness proposed to be issued;
(ii) The purposes for which they are to be issued;
(iii) The description and value of the property or services for which they are to be issued;
(iv) The terms on which they are to be issued or exchanged;
(v) The amount of money, if any, to be received from the same in addition to the property, service, or other consideration;
(vi) The total assets and liabilities of the public utility in such detail as the division may require; and
(vii) Such other facts and information pertinent to the inquiry as the division may require.
(b) For the purpose of enabling the division to determine whether it should issue the order, it shall hold such hearings, make such inquiries or investigations, and examine such witnesses, books, papers, documents, and contracts as it may deem proper.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-17; P.L. 1997, ch. 326, § 106; P.L. 2020, ch. 79, art. 1, § 4.
The order of the division shall fix the amount, character, and terms of any issue, and the purposes to which the issue or any proceeds thereof shall be applied, and recite that the money, property, consideration, or labor procured or to be procured or paid for by the issue has been, or is reasonably required for the purposes specified in the order, and the value of any property, consideration, or service as the case may be, as found by the division, for which, in whole or in part, the issue is proposed to be made. No public utility shall, without the consent of the division, apply any issue or its proceeds to any purpose not specified in the order.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-18.
All stocks, bonds, notes, or other evidence of indebtedness, payable at periods of more than twelve (12) months after the date of issue thereof, issued by any public utility after April 30, 1936, without the consent or permission of the division, as provided in this chapter, shall be void and of no effect.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-19; P.L. 1997, ch. 326, § 106.
No foreign public utility corporation shall be required to apply to the division for authority to issue stocks, bonds, notes, or other evidence of indebtedness.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-20.
Any director, president, secretary, manager, officer, or other official of any public utility who shall knowingly make any false statement to secure the issue of any stock, bond, note, or other evidence of indebtedness, or who shall, by such false statement, procure the order of the division for the issue of any stock, bond, note, or other evidence of indebtedness, or issue with knowledge of fraud, negotiate, or cause to be negotiated, any stock, bond, or other evidence of indebtedness in violation of §§ 39-3-15 — 39-3-23 shall, upon conviction thereof, be fined not less than five hundred dollars ($500), or be imprisoned in the adult correctional institutions for not less than one year nor more than ten (10) years.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 39-3-21.
No public utility shall declare any stock, bond, or scrip dividend or divide the proceeds of the sale of any stock, bond, or scrip among its stockholders without the consent and permission of the division.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-22; P.L. 1966, ch. 83, § 1.
The charters of all corporations subject to regulation by the division as public utilities are hereby amended to the extent necessary to comply with the provisions of §§ 39-3-15 — 39-3-22 as amended; provided, however, that all information acquired under the provisions of the sections shall be available to the governor and to all members of the general assembly.
History of Section. G.L. 1923, ch. 253, § 62; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 58; G.L. 1956, § 39-3-23; P.L. 1966, ch. 83, § 2.
With the consent and approval of the division, but not otherwise:
(1) Any two (2) or more public utilities doing business in the same municipality or locality within this state, or any two (2) or more public utilities whose lines intersect or parallel each other within this state, or furnish a like service or product within this state, may enter into contracts with each other that will enable the public utilities to operate their lines or plants in connection with each other.
(2) Any public utility may purchase or lease all or any part of the property, assets, plant, and business of any other public utility or merge with any other public utility, and in connection therewith may exercise and enjoy all of the rights, powers, easements, privileges, and franchises theretofore exercised and enjoyed by any other public utility with respect to the property, assets, plant, and business so purchased, leased, or merged.
(3) Any public utility may merge with any other public utility or sell or lease all or any part of its property, assets, plant, and business to any other public utility, provided that the merger or a sale or lease of all or substantially all of its property, assets, plant, and business shall be authorized by a vote of at least two-thirds (⅔) in interest of its stockholders at a meeting duly called for the purpose. Any stockholder who shall not have voted in favor of the merger, sale, or lease, either in person or by proxy, shall be entitled to the rights, and the corporation shall be subject to the duties, obligations, and liabilities set forth in §§ 7-1.2-1201 and 7-1.2-1202 with respect to dissenting stockholders and to corporations that sell, lease, or exchange their entire assets respectively.
(4) Any public utility may directly or indirectly purchase the stock of any other public utility.
History of Section. G.L. 1923, ch. 253, § 63; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 59; G.L. 1956, § 39-3-24; P.L. 1985, ch. 376, § 1; P.L. 1997, ch. 142, § 3; P.L. 1999, ch. 247, § 1; P.L. 2005, ch. 36, § 24; P.L. 2005, ch. 72, § 24; P.L. 2017, ch. 18, § 2; P.L. 2017, ch. 31, § 2.
The proceedings for obtaining the consent and approval of the division for such authority shall be as follows: There shall be filed with the division a petition, joint or otherwise, as the case may be, signed and verified by the president and secretary of the respective companies clearly setting forth the object and purposes desired; stating whether or not it is for the purchase, sale, lease, or making of contracts or for any other purpose in § 39-3-24 provided; and also the terms and conditions of the same. The division shall upon the filing of the petition, if it deem a hearing necessary, fix a time and place for the hearing thereof. If, after the hearing, or, in case no hearing is required, the division is satisfied that the prayer of the petition should be granted; that the facilities for furnishing service to the public will not thereby be diminished; and that the purchase, sale, or lease and the terms thereof are consistent with the public interest, it shall make such order in the premises as it may deem proper and the circumstances may require.
History of Section. G.L. 1923, ch. 253, § 63; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 59; G.L. 1956, § 39-3-25; P.L. 1997, ch. 326, § 106.
The charters of all corporations subject to regulation by the division are hereby amended to the extent necessary to authorize the carrying out of any agreement, merger, purchase, sale, or lease approved by the division as provided in §§ 39-3-24 and 39-3-25.
History of Section. G.L. 1923, ch. 253, § 63; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 59; G.L. 1956, § 39-3-26; P.L. 1999, ch. 247, § 1.
(a) “Affiliate” means and includes the following:
(1) Every person owning or holding, directly or indirectly, ten percent (10%) or more of the voting capital stock of a public utility.
(2) Any corporation, voluntary association, or trust, ten percent (10%) or more of the voting capital stock of which is owned or controlled directly or indirectly by a person owning or controlling directly or indirectly ten percent (10%) or more of the voting capital stock of a public utility.
(3) Any person with whom a public utility has a management or service contract or arrangement of the character set forth in § 39-3-28, including contracts for personal services with persons not otherwise affiliated.
(b) “Person” means and includes individuals, corporations, trustees, lessees, holders of beneficial equitable title, voluntary associations, receivers, and partnerships.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-27.
The original or a verified copy of any contract or arrangement and of any modification thereof or a verified summary of any unwritten contract or arrangement, the consideration of which exceeds five hundred dollars ($500), hereafter entered into between a public utility and an affiliate providing for the furnishing of managerial, supervisory, construction, engineering, accounting, purchasing, financial, or any other services, either to or by a public utility or an affiliate, shall be filed by the public utility with the division within ten (10) days after the date on which the contract is executed or the arrangement entered into. The division may also require a public utility to file in such form as the division may require full information with respect to any purchase from or sale to an affiliate, whether or not made in pursuance of a continuing contract or arrangement.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-28; P.L. 1997, ch. 142, § 3; P.L. 2017, ch. 18, § 2; P.L. 2017, ch. 31, § 2.
Any contract or arrangement not filed with the division pursuant to § 39-3-28 shall be unenforceable in any court in this state, and payments thereunder may be disallowed by the division, unless the later filing thereof is approved in writing by the division.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-29.
The division shall have full power and authority to investigate any contract, arrangement, purchase, or sale, and if the division, after notice and hearing, shall find the contract, arrangement, purchase, or sale to be unjust or unreasonable, the division may make such reasonable order relating thereto as the public good requires. In any such investigation, the burden shall be on the public utility or affiliate to prove the reasonableness of any contract, arrangement, purchase, or sale with, from, or to an affiliate. If the public utility shall fail to satisfy the division of the reasonableness of any contract, arrangement, purchase, or sale, the division may disapprove the same, or disallow payments thereunder or the part of any payment as the division shall find to be unjust or unreasonable, or both disapprove and disallow as aforesaid. No payment disallowed by the division shall be capitalized or included as an operating cost of the public utility in the fixing of rates or as an asset in fixing a rate base. If, in any investigation, the public utility or affiliate shall unreasonably refuse to comply with any request of the division for information with respect to relevant accounts and records, whether of the public utility or any affiliate, any portion of which may be applicable to any transaction under investigation, so that parts thereof as the division may deem material may be made part of the record, the refusal shall justify the division in disapproving the transaction under investigation and disallowing payments in pursuance thereof.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-30.
If, as a result of an investigation in accordance with § 39-3-30, the division shall find that any public utility is making any payment or about to make any payment or doing or about to do any other thing that substantially threatens or impairs the ability of the public utility to render adequate service, at reasonable rates, or otherwise to discharge its duty to the public, the division may apply to the superior court for an order directing the public utility to cease making any payment or doing any other thing, and thereupon the court shall make such order as the public good may require.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-31.
In any proceeding, whether upon the division’s own motion or upon complaint, involving the rates or practices of any public utility, the division may disallow the inclusion in the accounts of a public utility of any payments or compensation to an affiliate for any services rendered, or property furnished, under existing contracts or arrangements with an affiliate unless the public utility shall establish the reasonableness of the payment or compensation.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-32.
The division shall make such reasonable rules as will aid in the administration and enforcement of chapters 1 — 5 of this title.
History of Section. G.L. 1923, ch. 253, § 64; P.L. 1936, ch. 2345, § 1; G.L. 1938, ch. 122, § 60; G.L. 1956, § 39-3-33; P.L. 1996, ch. 316, § 1.
Sections 39-3-15 — 39-3-33 shall apply only to public utilities as defined in § 39-1-2.
History of Section. P.L. 1936 (s.s.), ch. 2438, § 2; G.L. 1938, ch. 122, § 61; G.L. 1956, § 39-3-34.
Every franchise granted to any public utility by any town or city and all contracts, ordinances, rules, regulations, and orders entered into or made by any town or city regulating the use and enjoyment of rights and franchises granted to any public utility or regulating, restricting, or affecting the operation of transit vehicles, under the provisions of any general or special law, shall be subject to the continuing control of the division in the exercise of the powers enumerated in chapters 1 — 5 of this title, and during the existence thereof, every franchise, contract, ordinance, rule, regulation, and order shall be deemed to include, and be subject to, the exercise by the division of any and all of the powers or regulations provided for in chapters 1 — 5 of this title.
History of Section. P.L. 1912, ch. 795, § 51; G.L. 1923, ch. 253, § 51; G.L. 1938, ch. 122, § 48; G.L. 1956, § 39-3-35; P.L. 1959, ch. 144, § 2.
On any matter pertaining to railroad clearances, or on any matter wherein the safety of railroad train personnel is concerned, the public utilities administrator shall, at least ten (10) days before the date of the hearing on the matter or matters, serve a notice of the time and place of the hearing by mailing a registered letter, postage prepaid, to the Rhode Island state representative of the legislative board of the united transportation union. To effectuate the purpose of this section, it shall be the duty of the united transportation union to notify the division, in writing, of the name and address of the state representative.
History of Section. P.L. 1961, ch. 32, § 1; P.L. 1969, ch. 37, § 1.
All public utilities shall include with their mailings to customers any information relating to public utility rates and services as is required from time to time by the commission, which shall promulgate rules and regulations to carry out the intent of this section.
History of Section. P.L. 1974, ch. 245, § 1.
Every person or corporation who or that shall charge for the use of water furnished to any house, building, tenement, or estate shall conspicuously display upon the bill or statement for such water charges, the telephone number and address of a public agency designated for the purpose of providing information to the consumer on the conservation of water; provided, further, that once each calendar year, information relating to the conservation of water shall be furnished on the bill to all consumers who are charged for the use of water.
History of Section. P.L. 1990, ch. 416, § 1.
Every person or corporation who or that shall charge for the use of electricity furnished to any house, building, tenement, or estate shall conspicuously display upon the bill or statement for such electricity charges, the following information:
(1) The total number of kilowatt hours consumed;
(2) The base rate amount for the hours;
(3) Capacity cost adjustment;
(4) Fuel adjustment charge;
(5) Conservation costs;
(6) All applicable credits;
(7) Applicable streetlight rental costs;
(8) Applicable taxes; and
(9) All other costs, charges, or fees added to the bill or statement.
History of Section. P.L. 1991, ch. 232, § 1.
(a) Every electric distribution company that shall charge for the distribution of electricity to any house, building, tenement, or estate shall conspicuously display upon the bill or statement for any customer the following information:
(1) The total number of kilowatt hours consumed;
(2) The total cost of distributing the consumer power to the customer;
(3) Transition charges;
(4) Conservation costs;
(5) The total cost of transmitting the consumed power to the appropriate distribution site;
(6) All applicable credits;
(7) Applicable streetlight rental costs;
(8) Applicable taxes;
(9) The cost of power delivered; and
(10) All other costs, charges, or fees added to the bill or statement.
(b) The electric distribution company shall issue a single bill for electric service to all customers in its service territory; provided however, that customers of nonregulated power producers may request that the nonregulated power producers provide separate bills for electricity supply.
History of Section. P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 357, § 4.
The authority of any public waterworks or water service owned or furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal corporation to enter into contracts with each other for the sale of water at wholesale is hereby confirmed, and the wholesale contracts shall be exempt from the provisions of § 39-3-24(1) but shall be filed with the division; provided, however, that whenever any public waterworks or water service owned or furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal corporation shall enter into wholesale contracts with each other, the fair wholesale rates or charges for the quantity of water taken shall be for such times and at such rates fixed to continue during such periods as may be mutually agreed upon, or in default of agreement, as shall be determined by the commission in accordance with the provisions of §§ 39-3-10 and 39-3-11.
History of Section. P.L. 1982, ch. 138, § 1.
Regulated water-supply boards that purchase wholesale water from another regulated water-supply board may impose a retail rate increase provided the public utilities commission has approved the wholesale rate increase. The total amount of the retail rate so imposed shall not exceed the amount of the wholesale rate increase. The proposed retail rate increase to be applied by the wholesale purchaser shall be submitted no less than thirty (30) days prior to its effective date to the public utilities commission for its review and approval.
History of Section. P.L. 1984, ch. 303, § 1.
The public utilities commission shall require that all electric utilities subject to the “Third supplementary decision and order” in that matter entitled “In Re: Arrangements between electric utilities and qualifying cogeneration and small power production facilities” Docket No. 1549 before the public utilities commission purchase additional power from small production facilities at the ceiling price established by each utility pursuant to the decision and order. The electric utilities subject to the decision and order shall purchase power under a standard contract and at the ceiling price from qualifying cogeneration facilities and qualifying small power production facilities, as defined in the Public Utilities Regulatory Policies Act of 1978 (“PURPA”) (16 U.S.C. § 2601 et seq.) with a capacity of ten megawatts (10 MW) or less that are located in the state. The electric utilities to the public utilities third supplementary decision and order issued in Docket No. 1549 shall not be required to enter into agreements at the ceiling price for more than two and one-half percent (2½%) of its peak load during the prior year.
History of Section. P.L. 1991, ch. 49, § 2.
(a) In regulating the storage, transportation, and distribution of gas, and the pressure under which these operations may respectively be carried on, the division of public utilities and carriers may ascertain, determine, and fix adequate and serviceable standards for the measurement of quality, pressure, or other condition pertaining to the performing of its service, or to the furnishing of its product or commodity, by any gas storage, transportation, and distribution facility, and prescribe reasonable regulations for examination and testing of such service, product, or commodity.
(b)(1) Any person, firm, or corporation who or that violates any provision of any code adopted by the division pertaining to the safety of pipeline facilities and the transportation of gas, or of any regulation or rule thereunder, at a time when the division has submitted to and has in effect the annual certification from the United States Secretary of Transportation provided for in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as amended (see § 60101 et seq. of Title 49 of the United States Code), shall be subject to civil penalties as specified in 49 U.S.C. § 60122(a), as amended. To provide adequate protection against risks to life and property posed by pipeline transportation and pipeline facilities, the division shall possess the authority to adopt any of the safety standards for pipeline transportation and for pipeline facilities that are contained in 49 U.S.C. § 60101 et seq.
(2) Any such penalty shall be determined by the division. In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the person, firm, or corporation charged; the gravity of the violation; and the good faith of the person, firm, or corporation charged in attempting to achieve compliance after notification of a violation; shall be considered. The amount of the penalty, where finally determined, may be deducted from any sums that the state may owe to the person, firm, or corporation charged or may be recovered in a civil action commenced in the state courts.
History of Section. P.L. 1992, ch. 62, § 1; P.L. 2012, ch. 99, § 1; P.L. 2012, ch. 105, § 1; P.L. 2015, ch. 54, § 1; P.L. 2015, ch. 55, § 1; P.L. 2016, ch. 511, art. 1, § 17.
(a) The commission may promulgate reasonable regulations concerning the offering of pay-per-call services to customers within the state. The regulations may include advertising standards, conditions under which charges for “pay-per-call services” may be adjusted or waived along with other restrictions or requirements that the commission determines are necessary to protect consumers’ reasonable access to “pay-per-call services.”
(b) For the purposes of this section, “pay-per-call service” means any passive, interactive, polling, conference, or other similar audiotext service that is accessed by telephone, through a 900 area or exchange code or otherwise, and generates a service-related fee billed to a telephone customer via a telephone common carrier or local exchange telephone company in the customer’s normal monthly bill for telephone service.
History of Section. P.L. 1992, ch. 389, § 1.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 34, § 1; Repealed by P.L. 1995, ch. 370, art. 40, § 171, effective July 1, 1995.
[Repealed]
History of Section. P.L. 2006, ch. 227, § 1; Repealed by P.L. 2006, ch. 227, § 2.
All bills issued by a public utility as defined in § 39-1-2 shall be deemed paid upon the receipt of sufficient funds by an agent of the public utility authorized to accept such payment.
History of Section. P.L. 2007, ch. 175, § 1.
Every public utility shall, whenever any accident attended with loss of human life, or serious injury occurs within this state, directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the division. In the event of any accident, the division, if it deems that the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless for the greater convenience of those concerned, it shall order the investigation to be held at some other place; and the investigation may be adjourned from place to place as may be found necessary and convenient. The division shall reasonably notify the public utility of the time and place of the investigation. The notice required by this section to be given shall not be admitted as evidence or used for any purpose against the public utility giving notice, in any suit, action, or proceeding brought for damages growing out of any matter mentioned in the notice; nor shall the notice be admitted as evidence or be used for any purpose in any criminal proceeding brought against the public utility giving notice, or against any of its officers, agents, or employees, growing out of any matter mentioned in the notice.
History of Section. P.L. 1912, ch. 795, § 49; G.L. 1923, ch. 253, § 49; G.L. 1938, ch. 122, § 46; G.L. 1956, § 39-4-1; P.L. 1997, ch. 326, § 107.
Whenever the commission shall find upon a hearing and an investigation that the plant or equipment of any public utility is inadequate, insufficient, or unsuited to the public needs, or that repairs, improvements, or changes in the plant or equipment ought reasonably to be made, or that an addition to, alteration, or extension of the plant or equipment of any public utility ought reasonably to be made, the commission shall order that the repairs, improvements, changes, additions, alterations, or extensions to the plant or equipment be made within a reasonable time and in the manner specified.
History of Section. P.L. 1912, ch. 795, § 50; G.L. 1923, ch. 253, § 50; G.L. 1938, ch. 122, § 47; G.L. 1956, § 39-4-2; P.L. 1969, ch. 240, § 7.
(a) Upon a written complaint made against any public utility by any city or town council, or by the water supply management division of the department of environmental management, or by any corporation, or by any twenty-five (25) qualified electors, that any of the rates, tolls, charges, or any joint rate or rates of any public utility are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice, or act whatsoever of any public utility, affecting or relating to the conveyance of persons or property, including sewage, or any service in connection therewith, or the conveyance of any telephone or telegraph message or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained or is unsafe, or the public safety is endangered thereby, or in the case of drinking water that the water is either unsafe or nonpotable, or that the water supplier is in noncompliance with chapter 15.4 et seq. of title 46, the division shall proceed, with or without notice, to make such investigation as it may deem necessary or convenient. But no order affecting the rates, tolls, charges, regulations, measurements, practice, act, or service complained of shall be entered by the division without a formal public hearing. When any complaint shall be made by twenty-five (25) or more qualified electors, the complaint shall designate one of the complainants upon whom shall be served all notices, orders, and citations required by this chapter to be served upon complainants.
(b) The term “safe and potable” shall mean the suitability or fitness for human consumption of drinking water.
History of Section. P.L. 1912, ch. 795, § 18; G.L. 1923, ch. 253, § 18; G.L. 1938, ch. 122, § 15; G.L. 1956, § 39-4-3; P.L. 1971, ch. 265, § 7; P.L. 1972, ch. 205, § 6; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3; P.L. 1983, ch. 235, § 4; P.L. 1995, ch. 188, § 4.
The division shall, prior to a formal hearing, notify the public utility complained of that a complaint has been made, and ten (10) days after notice has been given, the division may proceed to set a time and place for a hearing and an investigation as hereinafter provided.
History of Section. P.L. 1912, ch. 795, § 19; G.L. 1923, ch. 253, § 19; G.L. 1938, ch. 122, § 16; G.L. 1956, § 39-4-4.
The division shall give the public utility and the complainant, if any, ten (10) days’ notice of the time and place where and when the hearing and investigation will be held, and the matters considered and determined. Both the public utility and the complainant shall be entitled to be heard and appear by counsel, and shall have process to enforce the attendance of witnesses.
History of Section. P.L. 1912, ch. 795, § 20; G.L. 1923, ch. 253, § 20; G.L. 1938, ch. 122, § 17; G.L. 1956, § 39-4-5.
The division may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such time as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
History of Section. P.L. 1912, ch. 795, § 25; G.L. 1923, ch. 253, § 25; G.L. 1938, ch. 122, § 22; P.L. 1953, ch. 3209, § 1; G.L. 1956, § 39-4-6.
In any matter within the jurisdiction of the division of public utilities and carriers, involving water rates, charges, or accommodation of the public, or the safety or potability of drinking water, and affecting the inhabitants of any particular community in any town or city, the division, upon request of the town or city council, as the case may be, so affected, shall hold at least one session of the public hearing on the matter within the county where the town or city is located; provided, however, the provisions of this section shall not apply to chapter 12 of this title; and provided, further, however, that the requesting authority shall provide suitable accommodation to be supplied by the town or city council, as the case may be, requesting the hearing.
History of Section. G.L. 1938, ch. 122, § 22; P.L. 1953, ch. 3209, § 1; G.L. 1956, § 39-4-7; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3.
Upon any hearing and investigation, the division may require the public utility to file with it a copy of any contract for the purchase of electricity, light, heat, or power, certified by its secretary or treasurer, which shall be open to inspection by the complainant or counsel for the complainant, and the division may consider the reasonableness of the amounts to be paid in accordance with the provisions of the contract for electricity, light, heat, or power insofar as the amounts shall be relevant to the matters subject to discussion at the hearing and investigation.
History of Section. G.L. 1923, ch. 253, § 21; P.L. 1926, ch. 778, § 1; G.L. 1938, ch. 122, § 18; G.L. 1956, § 39-4-8; P.L. 1997, ch. 326, § 107.
If, upon a hearing and investigation had under the provisions of this chapter, the division shall find any existing rates, tolls, charges, or joint rate or rates of any public utility, to be unjust, unreasonable, insufficient, or unjustly discriminatory, or to be preferential or otherwise in violation of any of the provisions of chapters 1 — 5 of this title, the division shall have power to fix and order a substitute therefor the rates, tolls, charges, or joint rates as shall be just and reasonable.
History of Section. P.L. 1912, ch. 795, § 21; G.L. 1923, ch. 253, § 21; P.L. 1926, ch. 778, § 1; G.L. 1938, ch. 122, § 18; G.L. 1956, § 39-4-9.
If, upon a hearing and investigation had under the provisions of this chapter, the division of public utilities and carriers shall find that any regulation, measurement, practice, act, or service or any public utility is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of chapters 1 — 5 of this title, or that any service of the public utility is inadequate, or that any service that can be reasonably demanded cannot be obtained, the division shall have power to substitute therefor other regulations, measurements, practices, service, or acts, and to make the order respecting, and the changes in the regulations, measurements, practices, service, or acts, as shall be just and reasonable, and the power to order refunds as provided for in § 39-3-13.1.
History of Section. P.L. 1912, ch. 795, § 22; G.L. 1923, ch. 253, § 22; G.L. 1938, ch. 122, § 19; G.L. 1956, § 39-4-10; P.L. 1975, ch. 276, § 2.
If, upon a hearing and investigation, the division shall find that the regulations, practices, acts, plant or equipment, appliances, or service of any public utility, or any condition suffered, permitted, or maintained by any public utility is unsafe and nonpotable or improper, or that the public safety is endangered thereby, the division shall by order determine the proper regulations, practices, acts, plant or equipment, appliances, or service thereafter to be in force and to be observed, maintained, and used by the public utility, and may by order require any dangerous, improper, unsafe, and nonpotable condition to be removed or remedied.
History of Section. P.L. 1912, ch. 795, § 23; G.L. 1923, ch. 253, § 23; G.L. 1938, ch. 122, § 20; G.L. 1956, § 39-4-11; P.L. 1971, ch. 265, § 8; P.L. 1972, ch. 205, § 6; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3.
Whenever the division of public utilities and carriers is in receipt of a determination that drinking water is not safe and potable, as determined by certification of the director of health, the division shall thereupon order the public utility to rebate to or credit the accounts of its consumers, the cost of the drinking water distributed during the period, or a portion thereof, as the division, by its rules and regulations, may determine; and, provided further, that the director of health shall certify to the division the date upon which it is determined that drinking water is restored to safety and potability.
History of Section. P.L. 1977, ch. 253, § 2; P.L. 1980, ch. 14, § 3.
If, upon a hearing and investigation, it shall be found that any rate, toll, charge, or joint rate or rates is unjust, unreasonable, insufficient, or unjustly discriminatory or preferential or otherwise in violation of any of the provisions of this title, or that any regulation, measurement, practice, act, or service complained of is unjust, unreasonable, insufficient, preferential, or otherwise in violation of any of the provisions of this title, or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the public utility found to be at fault shall, if the commission finds the utility to have knowingly and intentionally violated the provisions, pay the expenses incurred by the division in the investigation and hearing.
History of Section. P.L. 1912, ch. 795, § 24; G.L. 1923, ch. 253, § 24; G.L. 1938, ch. 122, § 21; G.L. 1956, § 39-4-12; P.L. 1969, ch. 240, § 7.
Whenever the division shall believe that any of the rates, tolls, charges, or any joint rate or rates, charged, demanded, exacted, or collected by any public utility are in any respect unreasonable or unjustly discriminatory or otherwise in violation of this title, or that any regulation, measurement, practice, or act whatsoever of the public utility, affecting or relating to the conveyance of persons or property, or any service in connection therewith, or affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, or power, or any service in connection therewith, or the conveyance of telephone or telegraph messages, or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory; or that any service of the public utility is inadequate or cannot be obtained, or is unsafe, or the public health is endangered thereby; or that an investigation of any matter relating to a public utility should, for any reason be made, it shall summarily investigate the same with or without notice as it shall deem proper. The summary investigation as provided under this section shall be in addition to the hearings conducted pursuant to the provisions of §§ 39-3-7 and 39-3-11.
History of Section. P.L. 1912, ch. 795, § 26; G.L. 1923, ch. 253, § 26; G.L. 1938, ch. 122, § 23; G.L. 1956, § 39-4-13; P.L. 1969, ch. 240, § 7; P.L. 1971, ch. 265, § 9; P.L. 1972, ch. 205, § 6; P.L. 1997, ch. 326, § 107.
If, after making a summary investigation, the division becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall furnish to the public utility interested, a statement notifying the public utility of the matters under investigation. Ten (10) days after the notice has been given, the division may proceed to set a time and place for a hearing and investigation.
History of Section. P.L. 1912, ch. 795, § 27; G.L. 1923, ch. 253, § 27; G.L. 1938, ch. 122, § 24; G.L. 1956, § 39-4-14.
Notice of the time and place for a hearing and investigation shall be given to the public utility and to such other interested persons as the division shall deem necessary, as provided in § 39-4-5, and thereafter the proceedings shall be had and conducted in reference to the matter investigated in like manner as though a complaint had been filed with the division relative to the matter investigated, and the same order or orders may be made in reference thereto as if the hearing and investigation had been made on a complaint.
History of Section. P.L. 1912, ch. 795, § 28; G.L. 1923, ch. 253, § 28; G.L. 1938, ch. 122, § 25; G.L. 1956, § 39-4-15.
The division shall cause a certified copy of all its orders to be served upon an officer or agent of the public utility affected thereby, and upon the complainant if any there be, and all orders shall of their own force take effect and become operative ten (10) days after service thereof unless a different time be fixed by the order.
History of Section. P.L. 1912, ch. 795, § 29; G.L. 1923, ch. 253, § 29; G.L. 1938, ch. 122, § 26; G.L. 1956, § 39-4-16.
The public utilities administrator may, at any time, upon notice to the public utility and after opportunity to be heard as provided in § 39-4-5, rescind, alter, or amend any order fixing any rate, toll, charge, joint rate or rates, or any other order made by the public utilities administrator, and certified copies of the order shall be served and take effect as provided in § 39-4-16 for original orders.
History of Section. P.L. 1912, ch. 795, § 33; G.L. 1923, ch. 253, § 33; G.L. 1938, ch. 122, § 30; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-4-17; P.L. 1997, ch. 326, § 107.
All orders, decisions, requests, or ordinances hereafter made by any town or city council under the provisions of §§ 39-8-2, 39-8-3, and 39-8-12, shall be subject to the supervision and control of the division as provided in this section. Upon the written complaint of any public utility, or by ten (10) qualified electors, residents of the town or city, the order of whose town or city council shall be drawn in question, upon the ground that the order, decision, request, or ordinance is unreasonable, the division shall set a hearing as provided in § 39-4-4, and if the commission shall find that the order, decision, request, or ordinance is unreasonable, the order, decision, request, or ordinance shall be void; provided, that nothing in this chapter shall be construed to take away or limit the existing powers of the town or city councils to abolish grade crossings.
History of Section. P.L. 1912, ch. 795, § 54; G.L. 1923, ch. 253, § 53; G.L. 1938, ch. 122, § 50; impl. am. P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-4-18; P.L. 1969, ch. 240, § 7; P.L. 1997, ch. 326, § 107.
No person shall be excused from testifying or from producing any books, accounts, papers, records, or documents in any investigation or inquiry by, or upon any hearing before, the division or member thereof when ordered to do so by the division or member, upon the ground that the testimony or evidence, accounts, papers, records, books, or documents, required of him or her may tend to incriminate him or her or subject him or her to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, by order of the division or a member thereof, have testified or produced the documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Nothing contained in this section is intended to give or shall be construed as in any manner giving any corporation immunity of any kind from the law.
History of Section. P.L. 1912, ch. 795, § 16; G.L. 1923, ch. 253, § 16; G.L. 1938, ch. 122, § 13; G.L. 1956, § 39-4-21; P.L. 1997, ch. 326, § 107.
Every public utility, and all officers and agents thereof, shall obey, observe, and comply with every order of the division made under the authority of chapters 1 — 5 of this title as long as the order shall be and remain in force. Every public utility that shall violate any of the provisions of the chapters or that fails, omits, or neglects to obey, observe, or comply with any order of the division, shall be subject to a penalty of not less than two hundred dollars ($200) nor more than five thousand dollars ($5,000) for each and every offense. Every violation of the order shall be a separate and distinct offense and, in case of a continuing violation, every day’s continuance thereof shall be, and be deemed to be, a separate and distinct offense. Every officer, agent, or employee of a public utility who shall violate any of the provisions of the chapters, or who procures, aids, or abets any violation by any public utility, or who shall fail to obey, observe, or comply with any order of the division, or any provision of an order of the division, or who procures, aids, or abets any public utility in its failure to obey, observe, or comply with any order or provision, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility, acting within the scope of his or her employment, shall in every case be deemed to be also the act, omission, or failure of the public utility.
History of Section. P.L. 1912, ch. 795, § 30; G.L. 1923, ch. 253, § 30; G.L. 1938, ch. 122, § 27; G.L. 1956, § 39-4-22; P.L. 1980, ch. 39, § 1; P.L. 1995, ch. 188, § 4; P.L. 2025, ch. 103, § 2, effective June 23, 2025; P.L. 2025, ch. 104, § 2, effective June 23, 2025.
Whenever the division shall be of the opinion that a public utility, subject to its supervision, is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the division, or is doing anything, is about to do anything, or is permitting anything, or is about to permit anything to be done contrary to or in violation of law or of any order of the division, it shall direct the attorney general to commence an action or proceeding in the supreme court in the name of the division for the purpose of having the violations or threatened violations prevented. The attorney general shall thereupon begin the action or proceeding by petition to the supreme court, alleging the violation or threatened violation complained of, and praying for appropriate relief. It shall thereupon be the duty of the court to specify a time not exceeding twenty (20) days after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime the public utility may be restrained. In the case of a default in answering, or after the answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any action or proceeding, shall either dismiss the action or proceeding or direct that appropriate relief be granted as prayed for in the petition, or in modified or other form.
History of Section. P.L. 1912, ch. 795, § 31; G.L. 1923, ch. 253, § 31; G.L. 1938, ch. 122, § 28; G.L. 1956, § 39-4-23.
An action to recover a penalty or forfeiture under this chapter shall be brought in any court of competent jurisdiction in this state in the name of the state, and shall be commenced and prosecuted to final judgment by the administrator. All money recovered in any action, together with the costs thereof, shall be paid into the state treasury. Any action may be discontinued or compromised on application of the administrator upon such terms as the court shall approve and order.
History of Section. P.L. 1912, ch. 795, § 32; G.L. 1923, ch. 253, § 32; G.L. 1938, ch. 122, § 29; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 39-4-24.
Any person aggrieved by a decision or order of the commission may, within seven (7) days from the date of the decision or order, petition the supreme court for a writ of certiorari to review the legality and reasonableness of the decision or order. The petition for a writ of certiorari shall fully set forth the specific reasons for which it is claimed that the decision or order is unlawful or unreasonable. Chapter 35 of title 42 shall not be applicable to appeals from the commission. The procedure established by this chapter shall constitute the exclusive remedy for persons and companies aggrieved by any order or judgment of the commission; provided, however, any person aggrieved by a final decision or order of the administrator may appeal therefrom to the superior court pursuant to the provisions of § 42-35-15.
History of Section. P.L. 1912, ch. 795, § 34; G.L. 1923, ch. 253, § 34; G.L. 1938, ch. 122, § 31; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-5-1; impl. am. P.L. 1962, ch. 112; P.L. 1969, ch. 240, § 8; P.L. 1973, ch. 199, § 4.
Upon the filing of a proper petition for a writ of certiorari for review in the office of the clerk of the supreme court, the supreme court shall cause to be issued a writ of certiorari to the commission which shall require the commission within thirty (30) days to certify to the court a transcript of the evidence, a complete record of the hearing, and a copy of the decision or order of the commission. The clerk of the supreme court shall issue citations to all parties in interest, including the public utilities administrator, returnable at such time as in the discretion of the court shall be proper, and the court as soon as may be thereafter shall hear and determine the matter. The transcript of the testimony before the commission in the case, duly certified by the stenographer taking the testimony, and allowed by one of the commissioners, shall be admitted as testimony before the supreme court.
History of Section. P.L. 1969, ch. 240, § 8.
The findings of the commission on questions of fact shall be held to be prima facie true and as found by the commission, and the supreme court shall not exercise its independent judgment nor weigh conflicting evidence. An order or judgment of the commission made in the exercise of administrative discretion shall not be reversed unless the commission exceeded its authority or acted illegally, arbitrarily, or unreasonably.
History of Section. P.L. 1969, ch. 240, § 8.
The supreme court may reverse or affirm the judgments and orders of the commission and may remand a cause to it with such mandates as law or equity shall require; and the commission shall enter judgment or order in accordance with the mandates. The transfer of the cause to the supreme court shall not vacate or operate as a stay of any judgment or order of the commission, but the supreme court, or when not in session, a justice thereof, upon notice to interested parties, may suspend execution of the same with or without terms or conditions as justice and equity require; provided, however, that the execution of rate orders shall not be suspended at the request of a utility company unless the company files with the commission a bond running to the commission in an amount and with sureties approved by the court or a justice thereof conditioned that, within thirty (30) days after the termination of the proceedings, the company shall repay to the persons from whom collected, from and after the effective date of the commission’s final order, all sums in excess of the rates finally determined to be just and reasonable.
History of Section. P.L. 1912, ch. 795, § 35; G.L. 1923, ch. 253, § 35; G.L. 1938, ch. 122, § 32; G.L. 1938, ch. 122, § 31; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-5-4; P.L. 1969, ch. 240, § 8.
If after appeal has been taken to the supreme court, new evidence shall be discovered by any party, an affidavit setting forth the newly discovered evidence shall be filed in the supreme court, and if that court finds the newly discovered evidence to be of such character and sufficient importance to warrant reconsideration of the matter by the commission, the clerk of the supreme court shall transmit a copy of the affidavit to the commission for further consideration, and the court shall stay further proceedings in the supreme court for such time as it shall deem proper. The commission upon receiving the new evidence may confirm, alter, amend, rescind, or reverse the judgment or order which was appealed, and shall report its action to the court forthwith transmitting therewith a transcript of the new testimony. If the commission rescinds or reverses its prior judgment or order, the appeal shall be dismissed. If the prior order or judgment is confirmed, or if it is altered or amended, the altered or amended judgment or order shall be substituted for the original order or judgment, and the proceedings in the supreme court shall continue accordingly.
History of Section. P.L. 1969, ch. 240, § 8; P.L. 1997, ch. 326, § 108.
The word “railroad,” as used in chapters 6 — 9 of this title, except in § 39-6-15 and in § 39-9-11, shall be construed so as to include all so-called tramways and all other railroads operated by steam or other power.
History of Section. G.L. 1896, ch. 187, § 7; G.L. 1909, ch. 215, § 10; G.L. 1923, ch. 251, § 1; G.L. 1938, ch. 124, § 1; G.L. 1956, § 39-6-1.
Every railroad or portion of a railroad built in this state for public use, by itself or in connection with any other railroad, without charter or license first had and obtained from the general assembly, is declared to be a public nuisance.
History of Section. G.L. 1896, ch. 187, § 40; G.L. 1909, ch. 215, § 44; G.L. 1923, ch. 251, § 35; G.L. 1938, ch. 124, § 35; G.L. 1956, § 39-6-2.
In addition to the remedy by indictment for the nuisance, the attorney general shall, for the purpose of abating any nuisance, file on the part of the state, in the superior court, a civil action or information against any person or corporation who or that shall build any railroad or portion of a railroad, and the court shall take jurisdiction of, hear, determine, decree, and proceed thereon as in cases of private nuisance.
History of Section. G.L. 1896, ch. 187, § 41; C.P.A. 1905, § 1220; G.L. 1909, ch. 215, § 45; G.L. 1923, ch. 251, § 36; G.L. 1938, ch. 124, § 36; G.L. 1956, § 39-6-3.
The president and directors of every railroad corporation shall maintain, by themselves or by an executive committee of the directors, a watchful supervision over the management of their road.
History of Section. G.L. 1896, ch. 187, § 10; G.L. 1909, ch. 215, § 13; G.L. 1923, ch. 251, § 4; G.L. 1938, ch. 124, § 4; G.L. 1956, § 39-6-4.
Every stockholder of any railroad corporation incorporated within this state may, at all reasonable times, examine the books, papers, and accounts of the corporation in which he or she is a stockholder; and if any clerk or other officer of any railroad corporation having the custody of the books, papers, and accounts of the corporation, shall refuse to permit any stockholder of the corporation to inspect the books, papers, and accounts thereof, the person so offending shall forfeit one hundred dollars ($100).
History of Section. G.L. 1896, ch. 187, § 39; G.L. 1909, ch. 215, § 43; G.L. 1923, ch. 251, § 34; G.L. 1938, ch. 124, § 34; G.L. 1956, § 39-6-5.
No railroad corporation shall enter upon or use the land or materials located for the use of its railroad, except for the purpose of making surveys, until the corporation shall have given such security for the payment of all damages as shall be finally awarded for the land or materials, and for costs, as shall be required by the commissioners appointed to estimate damages; nor shall the corporation enter upon or use the land or materials unless, before the assessment by the commissioners, notice that security will be given on request in writing to the commissioners shall be served on all known persons interested in the land and materials, and residing within this state, by delivering to them or by leaving at their last and usual places of abode a written statement as provided in this section.
History of Section. G.L. 1896, ch. 187, § 54; G.L. 1909, ch. 215, § 58; G.L. 1923, ch. 251, § 49; G.L. 1938, ch. 124, § 49; G.L. 1956, § 39-6-6; P.L. 1997, ch. 326, § 109.
Any railroad corporation chartered by the general assembly of this state may, at any time before final court confirmation of the report of the commissioners appointed by any court, under the provisions of its charter and of law, to estimate all damages that any person shall sustain whose lands are mentioned or described in any location of the whole or any part of its railroad, abandon the whole or any part of the location, and may report the abandonment to the court; and thereupon all further proceedings by the commissioners with reference to so much of the location as shall have been so abandoned shall forthwith cease, and all costs and expenses incurred in the proceedings up to the date of the abandonment with reference to the abandoned location shall be paid by the railroad company, and the court shall make all necessary orders in the premises.
History of Section. G.L. 1896, ch. 187, § 55; G.L. 1909, ch. 215, § 59; G.L. 1923, ch. 251, § 50; G.L. 1938, ch. 124, § 50; G.L. 1956, § 39-6-7; P.L. 1990, ch. 492, § 11.
Any and all lands, materials, and their appurtenances, covered by an abandoned location, that may have been taken or used and not paid for by the railroad company before abandonment, shall immediately, on the report thereof to such court as provided in § 39-6-7, revert to, and the title thereof become revested in, the several owners thereof, and their respective heirs and assigns, in the same way and with the same effect as if the location had never been made, and the abandonment and reverter may be pleaded by the railroad company in offset and diminution of damages, if any, in any action or proceeding to recover damages for the taking or use.
History of Section. G.L. 1896, ch. 187, § 56; G.L. 1909, ch. 215, § 60; G.L. 1923, ch. 251, § 51; G.L. 1938, ch. 124, § 51; G.L. 1956, § 39-6-8; P.L. 1997, ch. 326, § 109.
No length of possession, user, or occupancy of land belonging to a railroad corporation by an owner or occupier of adjoining land shall hereafter create any right in or to the land of the corporation in an adjoining owner or occupant or in any person claiming under him or her.
History of Section. P.L. 1899, ch. 657, § 1; G.L. 1909, ch. 215, § 61; G.L. 1923, ch. 251, § 52; G.L. 1938, ch. 124, § 52; G.L. 1956, § 39-6-9.
No length of possession, user, or occupancy by a railroad corporation of land belonging to an adjoining owner shall hereafter create any right in or to adjoining land in the railroad corporation or in any person or corporation claiming under it.
History of Section. P.L. 1899, ch. 657, § 2; G.L. 1909, ch. 215, § 62; G.L. 1923, ch. 251, § 53; G.L. 1938, ch. 124, § 53; G.L. 1956, § 39-6-10.
Upon the application in writing of any railroad company, or of any person whose interest may be affected by the doings of the company, to the superior court for the county in which the estate affected lies, for a hearing and determination of any matter or thing whereof the superior court has jurisdiction and cognizance relative to railroads by virtue of any act of incorporation, or the provisions of § 39-6-13, the clerk shall cause a citation to issue thereon, addressed to the parties named in the application, and made returnable to the superior court in the county, which citation shall be served upon the adverse parties in the same manner as process in a civil action, and, upon the return and entry thereof, the matter shall proceed in all respects as a civil action.
History of Section. G.L. 1896, ch. 187, § 60; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 66; G.L. 1923, ch. 251, § 57; G.L. 1938, ch. 124, § 57; G.L. 1956, § 39-6-11.
Whenever any railroad company shall locate its road or any part thereof, it may file the report of the location with the clerk of the superior court for the county in which the located road is situated, and may, in writing, request the action of the court thereon according to charter or general or special act, or the provisions of § 39-6-13; and thereupon the clerk shall cause a citation to issue addressed to the parties named in the application, and made returnable to the superior court in the county, which citation shall be served upon the adverse parties in the same manner as process in a civil action, and, upon the return and entry thereof, the matter shall proceed in all respects as a civil action.
History of Section. G.L. 1896, ch. 187, § 61; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 67; G.L. 1923, ch. 251, § 58; G.L. 1938, ch. 124, § 58; G.L. 1956, § 39-6-12.
The superior court shall have the same power and jurisdiction over the cases referred to in §§ 39-6-11 and 39-6-12 as the court of common pleas, or special courts of common pleas, or common pleas division of the supreme court, formerly had by charter or by general law.
History of Section. G.L. 1896, ch. 187, § 62; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 68; G.L. 1923, ch. 251, § 59; G.L. 1938, ch. 124, § 59; G.L. 1956, § 39-6-13.
If any person having lawful claims upon any railroad corporation for overcharge for freight or passage, or for injury or loss of merchandise, or for damage by unlawful or unwarrantable delay in the transportation or delivery of merchandise, or for injury to the person, or for the refusal to transport or deliver persons or property, shall give written notice of the same, addressed to the president or treasurer or master of transportation of the corporation, and delivered to either of the officers or to any agent having charge of any depot of the corporation, fourteen (14) days previous to commencing suit for the same, and if the corporation neglects or refuses to pay the lawful claim, then the complainant, if he or she recovers more than the amount, if any, tendered by the corporation, shall also recover reasonable compensation for the services of his or her counsel, to be allowed by the court in addition to the actual damage; and if a less amount shall be recovered, then a reasonable allowance shall be made by the court for the services of the counsel of the corporation, to be taxed in addition to and to be allowed with the defendant’s costs as now taxed and allowed by law.
History of Section. G.L. 1896, ch. 187, § 34; G.L. 1909, ch. 215, § 38; G.L. 1923, ch. 251, § 29; G.L. 1938, ch. 124, § 29; G.L. 1956, § 39-6-14; P.L. 2006, ch. 216, § 12.
Any railroad company incorporated under the laws of this state and operating a railroad in this state may acquire, own, maintain, and operate, either directly or through subsidiary corporations, aircraft for the transportation of passengers and property subject to provisions of all laws of this state relative to the operation of aircraft.
History of Section. P.L. 1933, ch. 2049, § 1; G.L. 1938, ch. 111, § 1; G.L. 1956, § 39-6-15.
Railroad corporations that are subject to the provisions of this chapter, whose roads are now operated by power other than electricity, may operate or contract for the operation of their roads with electric power, in such manner and with such changes in their roadbed or tracks as they may find best adapted thereto.
History of Section. P.L. 1896, ch. 400, § 1; G.L. 1909, ch. 215, § 69; G.L. 1923, ch. 251, § 60; G.L. 1938, ch. 124, § 60; G.L. 1956, § 39-6-16.
Railroad corporations and street railroad companies may contract that either shall perform transportation of persons and property upon and over the whole or any part of the road of the other, so far as the other has then the right by law to perform the transportation, and may contract with each other for the lease, use, or sale of their respective roads, or any part thereof, upon such terms as the directors may agree, and as may be approved by a majority of the stockholders of both corporations present and voting at meetings called for that purpose, and the corporation operating any portion of any railroad under any contract or sale shall have, in addition to its own powers, privileges, and franchises, all the powers, privileges, and franchises of the other party thereto in respect to the road, and be subject to and perform all the public duties and obligations of the other party in respect thereto.
History of Section. P.L. 1896, ch. 400, § 2; G.L. 1909, ch. 215, § 70; G.L. 1923, ch. 251, § 61; G.L. 1938, ch. 124, § 61; G.L. 1956, § 39-6-17.
The facilities for travel and business on either of the roads of any corporations acting under the provisions of §§ 39-6-16 — 39-6-18 shall not be diminished by the terms or conditions of any agreement under this chapter, and copies of all contracts made under the provisions of the sections shall be filed with the division of public utilities and carriers within thirty (30) days after execution thereof, which shall set forth a full statement thereof in its next annual report.
History of Section. P.L. 1896, ch. 400, § 3; G.L. 1909, ch. 215, § 71; G.L. 1923, ch. 251, § 62; G.L. 1938, ch. 124, § 62; G.L. 1956, § 39-6-18; P.L. 1997, ch. 326, § 109.
In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. In any contract for the leasing or hiring of property, it shall be lawful to stipulate for a conditional sale thereof at the termination of the contract, and that the rentals or amounts to be received under the contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by the lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless:
(1) The contract shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged or proved;
(2) The instrument shall be filed for record in the office of the secretary of state;
(3) Each locomotive engine or car so sold, leased, or hired, or contracted to be sold, leased, or hired, shall have the name of the vendor, lessor, or bailor plainly marked on each side thereof, followed by the word “Owner,” or “Lessor,” or “Bailor,” as the case may be.
History of Section. G.L. 1896, ch. 187, § 57; G.L. 1909, ch. 215, § 63; G.L. 1923, ch. 251, § 54; G.L. 1938, ch. 124, § 54; G.L. 1956, § 39-6-19; P.L. 1997, ch. 326, § 109.
The contracts herein authorized shall be recorded by the secretary of state in a book of records to be kept for that purpose. And on payment in full of the purchase money, and the performance of the terms and conditions stipulated in any contract, a declaration in writing to that effect may be made by the vendor, lessor, or bailor, or his or her or its assignee, which declaration may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or her or its assignee, and recorded as provided in this section. And for such services, the secretary of state shall be entitled to demand and retain for the use of the state the sum of fifty cents ($.50) for each one hundred (100) words recorded, for recording each of the contracts and each of the declarations, and a fee of fifty cents ($.50) for noting the declaration on the margin of the record.
History of Section. G.L. 1896, ch. 187, § 58; G.L. 1909, ch. 215, § 67; G.L. 1923, ch. 251, § 55; G.L. 1938, ch. 124, § 55; G.L. 1956, § 39-6-20; P.L. 1960, ch. 74, § 1; P.L. 1997, ch. 326, § 109.
Sections 39-6-19 and 39-6-20 shall not be held to invalidate or affect in any way any contract made prior to February 21, 1893, of the kind referred to in § 39-6-19, and any contract theretofore made may, upon compliance with the provisions of §§ 39-6-19 and 39-6-20, be recorded as provided in § 39-6-20.
History of Section. G.L. 1896, ch. 187, § 59; G.L. 1909, ch. 215, § 65; G.L. 1923, ch. 251, § 56; G.L. 1938, ch. 124, § 56; G.L. 1956, § 39-6-21; P.L. 1997, ch. 326, § 109.
Whenever any railroad corporation shall mortgage or convey in trust its railroad or railroad property, or any part thereof, to trustees, for the security of its bondholders or other creditors, or for the security of any class of bondholders or other creditors, and the trustees shall have taken possession of any railroad or railroad property, in pursuance of any authority contained in their mortgage or deed of trust, and shall take charge of and operate the railroad or railroad property for the benefit of the creditors for whom the trust was created, the trustees shall not, after the assent of the bondholders as hereinafter provided, be personally liable for any cause or injury arising from the operation of the road, or while they may operate the same, except for their willful mismanagement or for any contracts made by them as trustees; but all railroad property shall, the bondholders having assented thereto, be liable for the acts and proceedings of the trustees in the execution of their trusts, to the extent of the interest of the trustees of the bondholders or creditors, for whose benefit the trustees may act, and any action or other proceeding therefor shall be brought against the trustees, describing them as such.
History of Section. G.L. 1896, ch. 208, § 22; G.L. 1909, ch. 259, § 22; G.L. 1923, ch. 303, § 22; G.L. 1938, ch. 486, § 18; G.L. 1956, § 39-6-22.
Whenever any railroad corporation, the charter whereof requires the directors to make an annual report to the general assembly, shall have passed into the hands of trustees, the trustees, instead of the directors, shall make the report while the road remains in their hands, which report shall be approved by the division of public utilities and carriers, in like manner as if it had been made by the directors of the corporation.
History of Section. G.L. 1896, ch. 187, § 53; G.L. 1909, ch. 215, § 57; G.L. 1923, ch. 251, § 48; G.L. 1938, ch. 124, § 48; G.L. 1956, § 39-6-23.
The franchise and property of a railroad corporation may be redeemed by it, or any mortgagee thereof, from sale on execution by paying or tendering to the purchaser the sum paid therefor at the sale, with interest, at any time within sixty (60) days after the final determination of any appeal to reverse the judgment upon which the execution issued, or of any suit to test the validity of the sale, brought before the sale or within sixty (60) days thereafter; but nothing in this section shall be construed as authorizing a sale.
History of Section. G.L. 1896, ch. 177, § 16; G.L. 1909, ch. 213, § 16; G.L. 1923, ch. 251, § 63; G.L. 1938, ch. 124, § 63; G.L. 1956, § 39-6-24; P.L. 1997, ch. 326, § 109.
The purchaser of any railroad or street railway and of the property, rights, privileges, and franchises therewith connected, at a sale under a valid foreclosure of a legal mortgage thereof, or at a valid sale under the power of sale of the mortgage, or at a valid sale under the orders and directions of any court of competent jurisdiction, and the grantee and successors in title of any purchaser, shall be subject to all and the same duties, liabilities, restrictions, and other provisions respecting the railroad or street railway, or arising from the construction, maintenance, and operation thereof, and shall have all and the same powers and rights relating to the railroad or street railway, and the construction, maintenance, and operation thereof, which the corporation by which the mortgage was made, or which was the owner of the railroad or street railway at the time of the sale, was subject to and had at the time of the sale.
History of Section. G.L. 1896, ch. 177, § 17; G.L. 1909, ch. 213, § 17; G.L. 1923, ch. 251, § 64; G.L. 1938, ch. 124, § 64; G.L. 1956, § 39-6-25.
Any purchaser of any railroad or street railway, and of any corresponding property, rights, privileges, and franchises, shall have the right and is hereby authorized and empowered to sell, assign, transfer, and convey all and each railroad or street railway and the property, rights, privileges, and franchises so purchased by him or her to any legally organized corporation duly created and empowered to construct, maintain, and operate a railroad or street railway, and to purchase, maintain, operate, and use any railroad or street railway, and the property, rights, privileges, and franchises, upon such terms and conditions as may be mutually agreed upon between the purchaser and the corporation; and the person so selling any railroad or street railway and the property, rights, privileges, and franchises to the corporation, may receive in payment for the railroad or street railway the stock or bonds of the corporation at not less than the par value thereof.
History of Section. G.L. 1896, ch. 177, § 18; G.L. 1909, ch. 213, § 18; G.L. 1923, ch. 251, § 65; G.L. 1938, ch. 124, § 65; G.L. 1956, § 39-6-26.
(a) The public utilities administrator is hereby authorized to promulgate and enforce reasonable rules and regulations relating to safety, sanitation, and adequate shelter as affecting the welfare and health of railroad trainpersons, engine persons, yard persons, maintenance of way employees, highway crossing watchpersons, clerical, platform, freight house, express employees, station agents, and signal station operators.
(b) In addition to any rules and regulations promulgated by the public utilities administrator as set forth in this section, the public utilities commission shall promulgate rules and regulations and provide for penalties for the violation thereof with respect to the installation of heaters and safety equipment on track motor vehicles or self-propelled equipment.
History of Section. P.L. 1959, ch. 55, § 1; P.L. 1987, ch. 179, § 1.
Whenever maintenance of way crews or employees are working in the area of double or multiple railroad tracks, the following safety precautions shall be mandatory:
(1) All trains shall be notified of the location of the crews or employees by mile markers or mile posts by train order.
(2) All trains operating adjacent to such a work area shall reduce speed to freight train speed, not to exceed fifty miles per hour (50 m.p.h.).
(3) One member of the crew shall be assigned as a flagperson to warn of approaching trains and shall be equipped with a radio, horn, and flag.
(4) No work shall be conducted and all employees shall stand clear while a train is approaching, passing, and clearing a work area.
(5) Failure by the railroad company to issue information by train order, which results in any violation of the above requirements, will subject the railroad company to a fine of five hundred dollars ($500) for each violation. The fine will be collected by the public utilities commission and remitted to the general fund of the state.
History of Section. P.L. 1988, ch. 183, § 1; P.L. 1989, ch. 104, § 1.
(a) Every railroad corporation and railway company shall provide or make available to every member of an operating crew involved in an accident on its railway or right of way that results in loss of life or serious bodily injury, counseling services or other critical incident stress debriefing services within forty-eight (48) hours; provided, that the engineer, or other operating crew member involved in the accident shall be relieved from duty with compensation and applicable benefits at the site of the accident for a minimum of three (3) days; provided, further, that the leave may be without compensation and benefits if the railroad corporation makes the affirmative showing that the accident was due to negligence of an engineer or other operating crew member; provided, however, that any person who is otherwise eligible for these benefits and who has been found to have not acted negligently shall not be precluded from participation due to the negligence of a fellow crew member.
(b) Any engineer returning to duty following such leave shall, if he or she so requests, be assigned an assistant engineer or other qualified person who shall accompany him or her for such time as may be necessary to guarantee the public safety, or until an appropriate medical practitioner has determined that the engineer does not suffer from post-traumatic stress disorder.
(c) The administrator of the public utilities commission shall promulgate rules and regulations necessary for the implementation and enforcement of the provisions of this section.
History of Section. P.L. 1993, ch. 458, § 1.
[Reserved]
(a) It shall be unlawful for any corporation or individual to maintain, equip, or use within the state, any railroad caboose car, a rider car, or any car used as either a caboose car or rider car, unless the car is equipped with suitable and adequate water supply to provide for sanitary washing, toilet, and drinking facilities, and further, unless the interior of the car is illuminated by electric lights of sufficient candle power to enable employees working in the caboose or rider cars to perform their respective duties safely and without undue eye strain; provided, however, that any of the aforesaid car or cars that are operated or used exclusively between one hour after sunrise and one hour before sunset need not be equipped as provided in this section.
(b) Any violation of the provisions of this section shall be considered a misdemeanor, punishable by a fine of not less than two hundred dollars ($200) or more than one thousand dollars ($1,000) for each separate offense.
History of Section. P.L. 1960, ch. 38, § 1; P.L. 1997, ch. 326, § 109.
As a condition of his or her approval of any abandonment of railroad facilities, not including a relocation by a carrier or carriers by railroad subject to the provisions of this title, the public utilities administrator shall require a fair and equitable arrangement to protect the interest of the railroad employees adversely affected who are not protected by a collective bargaining agreement in such an event, and he or she shall include in his or her orders of approval such terms and conditions for the protection of the employees as he or she deems to be fair and equitable and to be substantially equivalent to those then generally imposed by the Interstate Commerce Commission in abandonment proceedings brought before the commission; provided, however, that the conditions shall provide, as a minimum, that during the period of four (4) years from the effective date of the order, the transaction will not result in employees of the carrier or carriers by railroad affected by the order being in a worse position with respect to their employment, except that the protection afforded to any employee pursuant to this section shall not be required to continue for a longer period following the effective date of the order than the period during which the employee was in the employ of the carrier or carriers prior to the effective date of the order; and, provided further, that, notwithstanding any other provisions of this section, the public utilities administrator may accept, as a fair and equitable arrangement for the protection of railroad employees affected by any order of the public utilities administrator issued under this section, an agreement pertaining to the protection of the interest of employees entered into by any carrier or carriers by railroad and the duly authorized representative or representatives of its or their employees.
History of Section. P.L. 1968, ch. 193, § 1.
The general assembly finds and declares that the preservation of open spaces and the orderly control and development of unused or undeveloped land bears a substantial relationship to the public health, safety, and welfare of the people of this state. When a railroad is granted permission to abandon any rail line by the Interstate Commerce Commission and gives up use of the entire width of its right of way in that area, an opportunity is afforded for the establishment of a facility for another means of transportation or for a necessary public recreation or conservation area in the community land which was not theretofore readily available. Railroads, by reason of their statutory privilege of land acquisition by condemnation and statutory protection from acquisition of their land by condemnation, are a proper subject for a special statutory procedure for the disposition of their unused or undeveloped lands.
History of Section. P.L. 1969, ch. 240, § 9; P.L. 1992, ch. 331, § 1.
Whenever any railroad is granted permission to abandon any rail line by the Interstate Commerce Commission and ceases to be used by the railroad claiming title thereto, and within one year thereafter the head of any department, board, bureau, commission, or agency of the state government, hereinafter referred to as the acquiring authority, declares that in his or her opinion the acquisition thereof will be advantageous to the establishment, construction, development, betterment, or maintenance of any governmental facility, public work, public improvement, or public preserve, the acquiring authority shall be and hereby is authorized and empowered, within the limits of the appropriations available or that shall be made available therefor, with the approval of the governor, to acquire interests, estates, easements, and privileges in the right of way for public use, by purchase, lease, gift, or by proceedings pursuant to § 39-6-33.
History of Section. P.L. 1969, ch. 240, § 9; P.L. 1992, ch. 331, § 1.
If the railroad shall agree with the acquiring authority upon the sum to be paid, and the price shall be approved by the state properties committee, the sum agreed shall be paid to the railroad upon delivery of proper instruments of conveyance. If no agreement as to the price to be paid is reached within one year following the abandonment, then within six (6) months thereafter, or if the abandoned right of way has not been disposed of otherwise, then at any time thereafter, the acquiring authority may petition the superior court for one of the counties in which the land is situated for an assessment by a judge thereof of the fair value to be paid for the estate or interest in the land. A hearing on the petition shall be conducted as in other civil actions, and either party shall have the right to appeal the decision as provided by law. Within thirty (30) days after a final judgment is entered, the acquiring authority shall tender payment in accordance therewith to the railroad and receive proper instruments of conveyance. If the acquiring authority shall fail to make tender within the time allowed, the railroad shall be at liberty to dispose of the land or any estate or interest therein in any manner it shall see fit.
History of Section. P.L. 1969, ch. 240, § 9.
As used in this chapter:
(1) “Agent for the state” means and includes the department of transportation as agent for the state as that term is used in 49 U.S.C. § 1654 and any amendments to it.
(2) “Department” means the department of transportation or other appropriate state agency of this state.
(3) “Includes” and variants of it should be read as if the phrase “but is not limited to” were also set forth.
(4) “Persons” means individuals, corporations, partnerships, or foreign and domestic associations.
(5) “Rail properties” means assets or rights, both real and personal, owned, leased, or otherwise controlled by a railroad that are used or useful in providing rail transportation service.
(6) “Rail service” means both freight and passenger service.
History of Section. P.L. 1976, ch. 28, § 1.
The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service assistance pursuant to the provisions of 49 U.S.C. § 1654 or other applicable federal laws, including authority:
(1) To establish a state plan for rail transportation and local rail services.
(2) To administer and coordinate the state plan.
(3) To provide in the plan for the equitable distribution of federal rail service assistance.
(4) To promote, operate, supervise, and support safe, adequate, and efficient rail services, or to enter into contractual relationships with public or private agencies, persons, or corporations to do so.
(5) To employ sufficient trained and qualified personnel for these purposes.
(6) To maintain adequate programs of investigation, research, promotion, and development in connection with such purposes and to provide for public participation therein.
(7) To provide satisfactory assurances on behalf of the state that fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of and accounting of federal funds paid to the state as rail service assistance.
(8) To comply with the regulation of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service programs.
(9) To do all things otherwise necessary to maximize federal assistance to the state under 49 U.S.C. § 1654 or other applicable federal laws.
History of Section. P.L. 1976, ch. 28, § 1.
The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the continuation of operations and maintenance of any railroad within or serving the state as provided for in 49 U.S.C. § 1654 or other relevant federal legislation. The department may also act as the agent in cooperation with any transportation authority, local governmental units, any group of rail users, or any person, and the federal government in any rail service assistance program.
History of Section. P.L. 1976, ch. 28, § 1.
The department, in performing its planning function, is authorized to request any railroad to provide such data and information as are necessary for the planning process. Railroads operating within the state shall provide the information within sixty (60) days of the date of the request. The department shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
History of Section. P.L. 1976, ch. 28, § 1; P.L. 1976, ch. 143, § 1.
(a) The department, as sole agent for the state, may acquire by purchase, lease, or otherwise, any portion or portions of the rail property of any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary for the operation of railroads. In addition, the department may so acquire, improve, and maintain any other property found by the department to be necessary for the operation of a railroad subject to the approval of the state properties committee.
(b) The authority to so acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of 49 U.S.C. § 1654, any amendments to it, and any other relevant federal legislation.
(c) The acquisition of the rail properties, and other property, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties and other property is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another state or states as necessary to insure continued rail service in this state.
History of Section. P.L. 1976, ch. 28, § 1.
The department may operate itself or may sell, transfer, or lease all, or any part, of the rail properties and other property acquired under the provisions of this chapter to any responsible person, firm, or corporation, whether private, quasi-public, or public, for continued operation and maintenance of a railroad, or other public purpose, provided that approval for the continued operation, or other public purpose is granted by the Interstate Commerce Commission of the United States, whenever approval is required. The sale, transfer, or lease shall be for a price, and subject to any further terms and conditions the department feels are necessary and appropriate to effectuate the purposes of this chapter and subject to the approval of the state properties committee.
History of Section. P.L. 1976, ch. 28, § 1.
After acquiring any railroad lines within the state, the department shall assist any responsible person, firm, or corporation, to secure, as promptly as possible, any order or certificate required by the Interstate Commerce Commission for the performance of railroad service. The department shall also give any assurances or guarantees that are necessary or desirable to carry out the purposes of this chapter.
History of Section. P.L. 1976, ch. 28, § 1.
The department may take whatever steps are necessary in order to determine the absolute fee simple title ownership of all rail properties of any railroad within the state. The determination may include the status of the rail properties with respect to easements, rights of way, leases, reversionary rights, fee simple title ownership, and any and all related title matters. The department may retain attorneys, experts, or other assistants, and issue any contracts as are necessary to make the title determination.
History of Section. P.L. 1976, ch. 28, § 1.
All rail properties within the state offered for sale by any railway corporation after April 9, 1976, shall be offered for sale to the state in the first instance at the lowest price at which the railway corporation is willing to sell. The railway corporation shall notify the state in writing if it desires to offer for sale any rail properties. The state shall have a period of not more than ninety (90) days from receipt of the notification to accept the offer. If the offer is not accepted in writing within the period of time, the railway corporation shall be free to sell the rail properties to any other party. For purposes of this section only, rail properties shall mean only those rail properties for which permission to abandon rail lines thereon has not been granted by the Interstate Commerce Commission at the time of offer for sale. This section shall apply only to the sale of rail properties and not the sale of easements or similar interests in rail properties. No person, firm, or corporation shall be permitted to take any of the properties of a railway corporation by condemnation.
History of Section. P.L. 1976, ch. 28, § 1; P.L. 1976, ch. 143, § 1; P.L. 1992, ch. 332, § 1.
The department may cooperate with other states in connection with the purchase, operation, or assistance of or to any rail properties within this state. The department may also acquire trackage rights in other states and rail properties lying in other states in order to carry out the intentions and purposes of this chapter. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements, including joint purchasing and leasing of rail properties, with other states.
History of Section. P.L. 1976, ch. 28, § 1.
Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority (“MBTA”), a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, and all its real and personal property shall be exempt from taxation and from betterments and special assessments; and the MBTA shall not be required to pay any tax, excise, or assessment to or for this state or any of its political subdivisions; nor shall the MBTA be required to pay any fee or charge for any permit or license, nor any compliance fee, issued to it by this state, by any department, board, or officer thereof, or by any political subdivision of this state; and the MBTA shall be exempt from tolls for the use of highways, bridges, and tunnels. Bonds and notes issued by the MBTA in support of purchases and/or improvements for maintaining and/or improving commuter rail service to and/or within the state of Rhode Island, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation with this state.
History of Section. P.L. 2003, ch. 386, § 2.
In weighing the varied interests of the residents of this state, the department shall give consideration, as best as the situation allows, to the individual interest of any city or town expressing a desire to acquire a portion, or all, of the abandoned real estate located within its jurisdiction. The department may exercise its powers under this chapter to acquire the abandoned property for subsequent conveyance to the city or town.
History of Section. P.L. 1976, ch. 28, § 1.
The department may utilize federal funds, grants, gifts, or donations that are available, and any sums that are appropriated, in carrying out the purposes of this chapter. The department may apply for entitlement or other funds available under the provisions of 49 U.S.C. § 1654 or other federal programs.
History of Section. P.L. 1976, ch. 28, § 1.
The department may apply for a loan or a guarantee of a loan under any applicable federal local rail assistance programs, within the limit of funds appropriated for those purposes.
History of Section. P.L. 1976, ch. 28, § 1; P.L. 1984, ch. 81, § 13.
[Repealed]
History of Section. P.L. 1976, ch. 28, § 14; Repealed by P.L. 1976, ch. 143, § 2.
The department is authorized to purchase any railroad rolling stock, equipment, and machinery necessary for the operation and maintenance of any rail properties purchased by it on behalf of the state, with any funds made available for this purpose. The department may also acquire, and have available, a pool of equipment and machinery that may be utilized by the operators of the rail properties for the purpose of track maintenance, and other related railroad activities, upon terms and conditions determined by the department.
History of Section. P.L. 1976, ch. 28, § 1.
The department may contract for the rebuilding or relocation of any rail properties acquired pursuant to this chapter, within the provisions of 49 U.S.C. § 1654 or any other appropriate legislation. The department may also spend any sums appropriated, as well as any other available funds, for the modernization, rebuilding, and relocation of any rail properties owned by the state or by a private carrier. The department may do any maintenance on any rail properties owned by the state as is necessary in the public interest.
History of Section. P.L. 1976, ch. 28, § 1.
The department may contract with any domestic or foreign person, firm, corporation, agency, or government to provide, operate, maintain, or improve rail transportation service on the rail properties acquired by the state under this chapter, or may provide such services, operation, and maintenance itself.
History of Section. P.L. 1976, ch. 28, § 1.
Whenever the department determines that any rail properties acquired by the state are no longer needed for railroad purposes, it may, with the permission of the governor, permanently or temporarily transfer the rail properties to any other state department or agency, or political subdivision of the state, which shall utilize the properties for a public purpose. Whenever more than one department or agency, or political subdivision, wishes to utilize the property, the department shall resolve such a conflict and make a prompt determination of the reasonable and proper order of priority, taking into consideration any applicable state plans, policies, and objectives. If no state department or agency or political subdivision wants the properties, the department may sell them; provided, however, that all dispositions shall be with the approval of the state properties committee.
History of Section. P.L. 1976, ch. 28, § 1.
The general assembly shall, from time to time, appropriate such funds as are necessary to effectuate the purposes of this chapter.
History of Section. P.L. 1976, ch. 28, § 1.
The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the foregoing provisions of this chapter.
History of Section. P.L. 1976, ch. 28, § 1.
No bridges, viaducts, or other obstructions shall be constructed, insofar as practicable, over tracks in a railroad yard over which switching movements will be made at not less than twenty-three feet (23′) in the clear, and over any other railroad tracks at not less than twenty-two feet, six inches (22’6"), measuring from the bottom of the lowest timber to the top of the rail on the tracks. An exemption may be granted from any and all requirements of this section; provided, however, that any exemption must be limited to the specific bridge, viaduct, or other obstructions upon agreement between the department of transportation, public utilities administrator, railroad company, and the designated labor representative representing the railroad employees whose duties are to be atop of cars while in motion; provided, further, the agreement shall fix and prescribe reasonable regulations governing the location exempted; and provided, further, that an agreement between the aforesaid parties must be consummated within fifteen (15) days from the date of the request for an exemption from any and all requirements of this section. In case of failure to consummate an agreement, the public utilities administrator shall issue an order on the request for an exemption. The public utilities administrator shall, when issuing an order, take into consideration that his or her paramount responsibility in his or her decision to issue the exemption must be the safety of the railroad employees whose duties are to be atop of cars while in motion.
History of Section. G.L. 1896, ch. 187, § 24; G.L. 1909, ch. 215, § 28; G.L. 1923, ch. 251, § 19; G.L. 1938, ch. 124, § 19; G.L. 1956, § 39-7-1; P.L. 1961, ch. 63, § 1; P.L. 1973, ch. 199, § 5.
Every railroad corporation, operating a railroad or part of a railroad in this state, shall adjust, fill, or block the frogs, switches, and guardrails on its track, with the exception of guardrails on bridges, so as to prevent the feet of its employees from being caught therein. The work shall be done to the satisfaction of the division of public utilities and carriers, evidenced by its certificate. Any railroad corporation failing to comply with the provisions of this section shall be fined an amount not less than one hundred dollars ($100) but not more than one thousand dollars ($1,000).
History of Section. G.L. 1896, ch. 187, § 50; G.L. 1909, ch. 215, § 54; G.L. 1923, ch. 251, § 45; G.L. 1938, ch. 124, § 45; G.L. 1956, § 39-7-2.
Every railroad corporation whose cars are propelled by steam shall cause a power brake to be attached to every passenger car used for conveyance of passengers, which brake shall be so arranged that it may be put in operation by the engineer when the train is in motion. Every railroad corporation that shall use any passenger car for the conveyance of passengers, without the power brake so applied, shall for every offense be fined one hundred dollars ($100), one-half (½) thereof to the use of the complainant and one-half (½) thereof to the use of the state; but this penalty shall not apply to an incidental conveyance of passengers in freight cars, nor to “dummy cars,” so-called, nor to a passenger car attached to the rear end of a freight train or dummy engine.
History of Section. G.L. 1896, ch. 187, §§ 22, 23; G.L. 1909, ch. 215, §§ 26, 27; G.L. 1923, ch. 251, §§ 17, 18; G.L. 1938, ch. 124, §§ 17, 18; G.L. 1956, § 39-7-3.
No car or carriage for the transportation of passengers over any railroad shall be propelled on the railroad when placed between the locomotive and cars loaded with dirt or stone. Every railroad corporation upon whose railroad shall be propelled cars or carriages for the transportation of passengers, so placed, shall be fined five hundred dollars ($500), one-half (½) thereof to the use of the complainant and one-half (½) thereof to the use of the state.
History of Section. G.L. 1896, ch. 187, §§ 20, 21; G.L. 1909, ch. 215, §§ 24, 25; G.L. 1923, ch. 251, §§ 15, 16; G.L. 1938, ch. 124, §§ 15, 16; G.L. 1956, § 39-7-4.
No passenger car on any railroad shall be lighted by naphtha or by any illuminating oil or fluid made in part of naphtha, or wholly or in part from coal or petroleum, or other substance or material which will ignite at a temperature of less than three hundred degrees (300 degrees) fahrenheit. Every railroad corporation shall provide and keep in every car used by it for the transportation of passengers one pail, one axe, and one iron bar, which shall at all times be kept in order for use. Every railroad corporation violating the provisions of this section shall be fined one hundred dollars ($100) for each offense, one-half (½) thereof to the use of the complainant, and one-half (½) thereof to the use of the state.
History of Section. G.L. 1896, ch. 187, § 26; G.L. 1909, ch. 215, § 30; G.L. 1923, ch. 251, § 21; G.L. 1938, ch. 124, § 21; G.L. 1956, § 39-7-5.
No passenger, mail, or baggage car, on any railroad in this state, shall be heated by any method of heating by furnace or heater, unless the furnace or heater shall first have been approved in writing by the division of public utilities and carriers; provided, however, that in no event shall a common stove be allowed in a car. Every railroad corporation that shall use any car in violation of the provisions of this section shall be fined one hundred dollars ($100) for every day on which the car shall be used, one-half (½) thereof to the use of the complainant, and one-half (½) thereof to the use of the state.
History of Section. G.L. 1896, ch. 187, § 27; G.L. 1909, ch. 215, § 31; G.L. 1923, ch. 251, § 22; G.L. 1938, ch. 124, § 22; G.L. 1956, § 39-7-6.
Every railroad corporation shall carry on each passenger car operated by steam a sufficient quantity of good water, with suitable vessels for using the water, and every railroad corporation refusing or neglecting to comply with the requirements of this section shall be fined twenty-five dollars ($25.00).
History of Section. G.L. 1896, ch. 187, § 25; P.L. 1902, ch. 993, § 1; G.L. 1909, ch. 215, § 29; G.L. 1923, ch. 251, § 20; G.L. 1938, ch. 124, § 20; G.L. 1956, § 39-7-7.
If any person behaves in a disorderly manner, or refuses to pay the regular fare, or rides upon the platform of a car after having been told by the conductor or trainperson to go inside the car, the train may be stopped and he or she may be ejected at any regular station on the road; and every person ejecting a passenger under the provisions of this section at any other place than at a regular station shall be fined one hundred dollars ($100).
History of Section. G.L. 1896, ch. 187, § 43; G.L. 1909, ch. 215, § 47; G.L. 1923, ch. 251, § 38; G.L. 1938, ch. 124, § 38; G.L. 1956, § 39-7-8.
(a) Every person driving a locomotive, when approaching any crossing or junction of any two (2) railroads where the rails of one cross or connect with the rails of the other at grade, or when approaching any drawbridge now in use as such, shall stop the locomotive at some point within the distance of five hundred feet (500′) from the crossing, junction, or drawbridge, and before reaching the same, and shall not drive the locomotive over the crossing, junction, or drawbridge, at a greater rate of speed than six miles per hour (6 m.p.h.); provided, however, that the division of public utilities and carriers may grant to any railroad corporation the privilege of crossing the junction or drawbridge without stopping, whenever it determines the same can be done consistently with the public safety.
(b) Every person violating the provisions of this section shall be fined one hundred dollars ($100); and the railroad corporation in whose employment, or upon whose railroad, the person shall be at the time of committing such offense, shall be fined three hundred dollars ($300).
History of Section. G.L. 1896, ch. 187, §§ 14, 15; G.L. 1909, ch. 215, §§ 17, 18; G.L. 1923, ch. 251, §§ 8, 9; G.L. 1938, ch. 124, §§ 8, 9; G.L. 1956, § 39-7-9.
The Providence and Worcester railroad company and its lessees, the New York, New Haven and Hartford railroad company, are hereby forbidden to blow or cause to be blown or permit any of its employees to blow any locomotive signal whistles along its tracks, between the Hamlet Station and the crossing over the Blackstone River next northerly thereof, except in cases of emergency and apparent danger to life and property.
History of Section. P.L. 1896, ch. 432, § 1; G.L. 1909, ch. 215, § 19; G.L. 1923, ch. 251, § 10; G.L. 1938, ch. 124, § 10; G.L. 1956, § 39-7-10.
(a) In order to provide railroad employees a reasonably safe place to work, it shall be the duty of all persons, firms, or corporations engaged in the operation of railroads in this state to keep and maintain those margins alongside their yard tracks, except designated clean out and repair tracks, where the railroad employees are required to walk frequently in the course of their duties, reasonably free from debris and vegetation that unreasonably affects the safety of the employees while working. This section shall be enforced by the public utilities administrator upon complaint and after due hearing.
(b) Any violation of the provisions of this section shall be deemed a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) but not more than five hundred dollars ($500) for each separate offense.
History of Section. P.L. 1960, ch. 195, § 1.
Every railroad corporation or railroad company operating a railroad within this state shall on and after September 1, 1993, maintain and construct a handrail and catwalk on each railroad bridge and/or trestle that is constructed or renovated for use by the railroad. The handrail and catwalk shall extend the full length of the bridge or trestle. Every railroad that shall violate the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000). Each violation of this section shall be a separate offense. Notwithstanding any provision of law to the contrary, a violation of this section shall be classified as a misdemeanor.
History of Section. P.L. 1993, ch. 450, § 1.
Every railroad corporation whose roadbed crosses the public highway at grade shall cause the crossing to be covered with suitable material for highway travel so that the surface of the highway at the crossing shall not at any time be lower than three-fourths (¾) of one inch (1") below the tops of the rails at the crossing; and every railroad that shall neglect or refuse to comply with the provisions of this section, after being notified by the city or town council of the city or town wherein the crossing is located, shall be fined not exceeding one hundred dollars ($100).
History of Section. G.L. 1896, ch. 187, § 49; G.L. 1909, ch. 215, § 53; G.L. 1923, ch. 251, § 44; G.L. 1938, ch. 124, § 44; G.L. 1956, § 39-8-1.
In the exercise of the police power of the state for the safety of its inhabitants, the general assembly vests in the commission the authority and power to determine the point at which and the manner in which any grade crossing of a railroad and a street shall be constructed and the jurisdiction to determine whether any crossing should be altered, relocated, abolished, or eliminated, and the manner and conditions under which the crossings shall be maintained, even if the order of the commission has the effect of depriving a municipality of control of its streets.
History of Section. P.L. 1969, ch. 240, § 10.
As used in this title:
(1) “Private crossings” shall mean and refer to those crossings over railroad tracks at grade that have been established by written agreement between the railroad, the tracks of which are being crossed, and the party or parties who are given exclusive right of passage over the private crossing.
(2) “Public crossings” shall mean and refer to those crossings of railroad tracks at grade that have been laid out or built with the consent of the commission expressed in writing as provided in § 39-8-3, or have been designated as public crossings by order of a court of competent jurisdiction.
History of Section. P.L. 1969, ch. 240, § 10.
No railroad owning railroad tracks within the state shall enter into any agreement of any nature whatsoever with any private party for the establishment of a private crossing at grade, unless and until the railroad shall have obtained permission from the commission for the establishment of the private crossing.
History of Section. P.L. 1969, ch. 240, § 10; P.L. 1973, ch. 199, § 6.
The general assembly hereby declares that any private railroad crossing found by the commission after a hearing to be dangerous or a hazard to the public or to those using trains is a public nuisance, and the commission may order the railroad to barricade the crossing as a matter of public safety.
History of Section. P.L. 1969, ch. 240, § 10.
If the city or town council of any city or town where a turnpike or highway crossed by a railroad on a level therewith is situated, is of the opinion that it is necessary for the security of the public that the turnpike or highway should be raised or lowered, so as to pass over or under the railroad, it may request in writing that the corporation owning the railroad raise or lower the turnpike or highway. If the corporation neglects or refuses to do so, the city or town council may apply to the commission to decide upon the reasonableness of the request. If the commission, after due notice and hearing the parties, shall decide that the lowering or raising of grade is necessary for the security of the public, the corporation shall comply with the decision; provided, that either party shall have the right, in accordance with chapter 5 of this title, to petition the supreme court for relief, and the court shall have full power to finally decide the question as to the necessity of changing the grade. The cost and expense of making the change of grade shall be borne by the railroad corporation and the city or town asking for the change, in the proportion as may be decided by the court. If, after the decision of the court that a change of grade is necessary, or if, having taken no appeal from the decision of the commission, the corporation shall unreasonably neglect or refuse to change the grade, the city or town council may proceed to make the change, and may, in an action against the corporation, recover all charges and expenses occasioned by making the alterations.
History of Section. G.L. 1896, ch. 187, § 44; C.P.A. 1905, § 1226; G.L. 1909, ch. 215, § 48; G.L. 1923, ch. 251, § 39; G.L. 1938, ch. 124, § 39; G.L. 1956, § 39-8-2; P.L. 1973, ch. 199, § 6; P.L. 1984, ch. 81, § 14; P.L. 2006, ch. 216, § 13.
No railroad corporation shall lay out or build its road or lay its tracks across any railroad, street, highway, turnpike, or traveled way at grade, and no street, highway, turnpike, or road shall be laid out or built across any railroad track at grade, except by the consent of the commission thereto; provided, that if the commission shall consent or refuse to consent to any crossing at grade, the corporation or any party aggrieved by the consent or refusal may petition the supreme court for relief in accordance with chapter 5 of this title, and the decision of the court shall be final.
History of Section. G.L. 1896, ch. 187, § 45; P.L. 1899, ch. 658, § 1; C.P.A. 1905, § 1226; G.L. 1909, ch. 215, § 49; G.L. 1923, ch. 251, § 40; G.L. 1938, ch. 124, § 40; G.L. 1956, § 39-8-3; P.L. 1973, ch. 199, § 6; P.L. 1984, ch. 81, § 14.
No railroad corporation, nor its servants or agents, shall willfully or negligently obstruct or unnecessarily use or occupy a highway, city or town way, or street, nor in any case at a street or highway grade crossing, with cars or engines for more than five (5) minutes at one time; and whenever a highway, city or town way or street has been thus used or occupied with cars or engines, no railroad corporation shall again use or occupy the same with cars or engines until a sufficient time, not less than three (3) minutes, has been allowed for the passage across the railroad of such travelers as were ready and waiting to cross when the former occupation ceased. For every violation of the provisions of this section, the corporation shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
History of Section. G.L. 1896, ch. 187, § 51; G.L. 1909, ch. 215, § 55; G.L. 1923, ch. 251, § 46; G.L. 1938, ch. 124, § 46; G.L. 1956, § 39-8-4.
(a)(1) A railroad corporation shall maintain and keep clear of debris in any railroad yard under its supervision or control that is used for storing railroad cars or locomotives, a distance of nine feet (9′) on either side of the center line of any track in any yard. Additionally, every railroad corporation shall maintain and keep clear of debris around any switch under its supervision or control, whether or not located in any such yard, a distance of nine feet (9′) on either side of the center line of any tracks wherein any switch is located, and a distance of nine feet (9′) in any direction from any switching device. The action shall not cause stoppage of through freight or passenger service. Additionally, every railroad corporation shall maintain and keep clear of debris from within the limits of any right-of-way owned by or under the control of the corporation.
(2) For purposes of this section, “debris” means railroad material and equipment, including, but not limited to: brake shoes; air hoses; steel couplers; draw bars and knuckles; broken or fragmented components of railroad cars or locomotives; railroad ties or portions thereof; spilled cargo and their containers, as well as any garbage, discarded bottles, or other containers, wastepaper, or similar refuse that is present on any right-of-way or within the vicinity of any switching device or railroad yard in a quantity that can reasonably be expected to threaten life or health.
(b)(1) Upon the filing by a recognized railroad labor representative, as defined by the Railway Labor Act, 45 U.S.C. § 151 et seq., of a written verified complaint with the public utilities commission, on a form prescribed by the department, designating the nature of the debris and the particular area or location where any of the debris is or has existed for a period of at least seventy-two (72) hours, the public utilities commission shall, ten (10) days after notification to the superintendent of the division responsible for the yard or having jurisdiction over the complained-of area or switch, inspect the yard or switch area within seven (7) days, to ascertain the veracity of the complaint. If, after notice to the railroad corporation, and an opportunity for a hearing conducted in accordance with the provisions of this title, the public utilities commission determines the validity of the complaint, it shall issue orders within twenty-four (24) hours, to the superintendent of the division responsible for the yard or having jurisdiction over the complained-of area or switch listed in the complaint, directing the debris to be cleared within a reasonable period of time and in such manner as prescribed in the order. Failure to remove or clear the debris shall permit the public utilities commission to issue orders to the designated railroad official in charge of the yard or having jurisdiction over the complained-of area or switch to take the track or tracks or switch out of service until the orders have been complied with by the railroad corporation; provided the action shall not affect freight or passenger service, or in the alternative, assess a penalty not to exceed one hundred dollars ($100) per day until the order is complied with.
(2) Additionally, the public utilities commission, upon having reasonable cause to believe that a railroad corporation that owns or controls a right-of-way in this state is not complying with the provisions of subsection (a) of this section with respect to rights-of-way, shall conduct an investigation to determine whether a dangerous or unhealthy condition exists on an affected right-of-way. If the public utilities commission determines that a dangerous or unhealthy condition exists on an affected right-of-way, the commission shall send notice, by certified mail, to the local agent of the railroad corporation describing the condition and location of the right-of-way. The railroad company shall correct the condition not later than ten (10) days from the date the notice was mailed, otherwise the public utilities commission shall assess a penalty not to exceed one hundred dollars ($100) per day until the condition is rectified.
(c) The public utilities commission may adopt regulations in accordance with the provisions of this title to carry out the provisions of this section.
History of Section. P.L. 1988, ch. 565, § 1.
All railroads upon any street or highway in any town or city in this state shall be laid out, constructed, used, and continued therein under the terms and conditions named in §§ 39-8-6 — 39-8-8.
History of Section. G.L. 1896, ch. 187, § 19; G.L. 1909, ch. 215, § 23; G.L. 1923, ch. 251, § 14; G.L. 1938, ch. 124, § 14; G.L. 1956, § 39-8-5.
All railroads in this state crossing any other railroad at grade shall be operated at the crossing subject to, and in accordance with, such reasonable rules and regulations as the division of public utilities and carriers shall from time to time prescribe.
History of Section. G.L. 1896, ch. 187, § 16; G.L. 1909, ch. 215, § 20; G.L. 1923, ch. 251, § 11; G. L. 1938, ch. 124, § 11; G.L. 1956, § 39-8-6.
The town and city councils of the several towns and cities shall have power, from time to time, to make reasonable rules and regulations with reference to the rate of speed and mode of operation of railroads in the streets and highways of the respective towns and cities; the rules and regulations must receive the approval in writing of the division of public utilities and carriers.
History of Section. G.L. 1896, ch. 187, § 17; G.L. 1909, ch. 215, § 21; G.L. 1923, ch. 251, § 12; G.L. 1938, ch. 124, § 12; G.L. 1956, § 39-8-7.
Every corporation that maintains or uses railroad tracks in any street or highway in any town or city in this state, shall be liable to keep and maintain in good order and repair, including paving and repaving whenever and wherever necessary, that portion of any street or highway occupied by its railroad and eighteen inches (18") outside of any of its rails, in order that the streets and highways may be safe and convenient for travelers with their vehicles at all times, and the extent of the liability shall not be varied; provided, however, that the character of the paving, repaving, and repairing, shall be such as is from time to time fixed by the town or city councils of the respective towns and cities; and provided, further, that nothing in this section shall relieve any railroad corporation from the payment of any sum of money that it is now required by law to pay to any town or city for the use and occupancy of the streets and highways in the town or city.
History of Section. G.L. 1896, ch. 187, § 18; G.L. 1909, ch. 215, § 22; G.L. 1923, ch. 251, § 13; G.L. 1938, ch. 124, § 13; G.L. 1956, § 39-8-8; P.L. 1997, ch. 326, § 110.
Every railroad corporation or lessees, receivers, or trustees of the corporation operating railroads within this state shall cause flagpersons or gates or other precautionary measures or appliances to be established or substituted wherever the railroads cross public highways, whenever and as often as in the opinion of the commission it is necessary for the safety of the public.
History of Section. G.L. 1896, ch. 187, § 47; P.L. 1899, ch. 701, § 1; P.L. 1900, ch. 784, § 1; C.P.A. 1905, § 1130; G.L. 1909, ch. 215, § 51; G.L. 1923, ch. 251, § 42; G.L. 1938, ch. 124, § 42; impl. am. P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-8-9; P.L. 1969, ch. 240, § 11.
Every railroad corporation that shall refuse or neglect to comply with an order, or with a confirmation of such order upon appeal, shall, for every day’s neglect after seven (7) days from the date of the service of the order upon the president, treasurer, or any director of the corporation, forfeit five hundred dollars ($500), one-half (½) thereof to the use of the state, and one-half (½) thereof to the use of the city or town where the crossing is located.
History of Section. G.L. 1896, ch. 187, § 48; P.L. 1899, ch. 701, § 2; G.L. 1909, ch. 215, § 52; G.L. 1923, ch. 251, § 43; G.L. 1938, ch. 124, § 43; G.L. 1956, § 39-8-10.
At any point where a highway, city or town way, or traveled place is crossed at the same level by a railroad where a gate or flagperson is not maintained, the commission may, after notice to and hearing of the railroad corporation whose road so crosses, direct that the crossing shall be furnished with electric signal or signals as they shall decide the better security of human life or the convenience of the public travel requires, and the corporation shall comply with the order. If the railroad corporation shall refuse or neglect to comply with the order within three (3) months from the date thereof, it shall be fined twenty-five dollars ($25.00) for each day that the refusal or neglect shall continue unless it shall furnish reasons satisfactory to the commission for the refusal or neglect. Nothing in this section shall be so construed as to affect §§ 39-8-9 and 39-8-10.
History of Section. G.L. 1896, ch. 187, § 52; G.L. 1909, ch. 215, § 56; G.L. 1923, ch. 251, § 47; G.L. 1938, ch. 124, § 47; G.L. 1956, § 39-8-11; P.L. 1973, ch. 199, § 6.
Every railroad corporation whose railroad crosses any street or highway at grade in the city of Providence shall erect, maintain, and cause to be operated gates across every street or highway satisfactory in all respects to the city council upon receiving notice from the city council, and shall also fence its line of track within the limits of the city in such manner and at such places as the city council may direct. Any railroad corporation violating any of the provisions of this section shall, for every day’s neglect after twenty (20) days from notice or direction to the president, treasurer, or any director of the corporation from the city council as aforesaid to comply with the provisions of this section or with the order or direction of the city council, be fined fifty dollars ($50.00), one-half (½) thereof to the use of the state and the other one-half (½) to the use of the complainant.
History of Section. G.L. 1896, ch. 187, § 46; G.L. 1909, ch. 215, § 50; G.L. 1923, ch. 251, § 41; G.L. 1938, ch. 124, § 41; G.L. 1956, § 39-8-12.
Every railroad corporation shall cause to be erected and to be maintained at every turnpike, highway, or public way, where it is crossed by the railroad upon the same level therewith, a suitable sign board upon each side of the crossing; and on each side of the sign boards shall be painted in black capital letters of at least the length of nine inches (9") such words or phrases as may, in the opinion of the division of public utilities and carriers, constitute a proper warning to both pedestrian and vehicular traffic using the crossing. The sign board shall be of such design as may be ordered by the division and shall be placed under the direction and with the consent of the division. The sign board shall indicate whether the railroad crossing is a public or private crossing. Every railroad corporation shall also adopt such other precautionary measures at such grade crossings as shall be deemed proper by the division.
History of Section. G.L. 1896, ch. 187, § 12; G.L. 1909, ch. 215, § 15; G.L. 1923, ch. 251, § 6; G.L. 1938, ch. 124, § 6; G.L. 1956, § 39-8-13; P.L. 1969, ch. 240, § 11.
Every railroad corporation shall cause a bell of at least thirty-two pounds (32 lbs.) in weight to be placed on each locomotive engine passing upon its road, and the bell shall be rung at a distance of at least eighty (80) rods from the place where the railroad crosses any turnpike, highway, or public way upon the same grade with the railroad, and shall be kept ringing until the engine has crossed the turnpike or road. No car or carriage for the transportation of passengers or freight over any railroad in this state shall be propelled across any highway, after the locomotive has been detached therefrom, unless a bell is rung or a whistle sounded at the crossing during the whole time the train is crossing the highway.
History of Section. G.L. 1896, ch. 187, § 11; G.L. 1909, ch. 215, § 14; G.L. 1923, ch. 251, § 5; G.L. 1938, ch. 124, § 5; G.L. 1956, § 39-8-14.
Every railroad corporation that shall neglect or refuse to comply with the provisions of §§ 39-8-13 and 39-8-14 shall be fined not exceeding one thousand dollars ($1,000); and the corporation shall be liable for all damages sustained by any person by reason of neglect or refusal on the part of the corporation.
History of Section. G.L. 1896, ch. 187, § 13; G.L. 1909, ch. 215, § 16; G.L. 1923, ch. 251, § 7; G.L. 1938, ch. 124, § 7; G.L. 1956, § 39-8-15.
Whoever enters upon or crosses a railroad at any private way that is closed by gates or bars and neglects to close them securely, shall be fined not less than two dollars ($2.00) nor more than ten dollars ($10.00) and shall be liable for the damage sustained therefrom.
History of Section. G.L. 1896, ch. 187, § 28; G.L. 1909, ch. 215, § 32; G.L. 1923, ch. 251, § 23; G.L. 1938, ch. 124, § 23; G.L. 1956, § 39-8-16.
Whenever a person employed as an engineer, fireperson, conductor, brake person, flagperson, or other crew member, is arrested in any city or town on a criminal charge arising from an accident in connection with the operation of a train, resulting in an injury or death to a person or injury to property, and if as a result of the accident the engineer, fireperson, conductor, brake person, flagperson, or other crew member is required to submit to a hearing before any magistrate, judge, or clerk of court, wherein the engineer, fireperson, conductor, brake person, flagperson, or other crew member is required to furnish bail, then it shall be the obligation and responsibility of the employer of the engineer, fireperson, conductor, brake person, flagperson, or other crew member to furnish bail, and if the employer fails to furnish bail so that the employee as aforesaid is required to furnish bail at his or her own expense, then in that event the employer shall be liable to the employee for all costs incurred in obtaining bail, together with and including counsel fees.
History of Section. P.L. 1966, ch. 98, § 1.
Every railroad corporation or company shall erect and thereafter maintain a fence or fences along the boundary lines of its rights of way that are actually used for rail transportation of any kind whenever the public utilities commission shall determine it to be necessary for the public safety and welfare. The commissioner may prescribe the height, length, materials, and design of the fence or fences.
History of Section. P.L. 1989, ch. 129, § 1.
Every railroad corporation doing business or owning any railroad, wholly or in part within the limits of this state, shall furnish reasonable and proper facilities and accommodations on the line of its road, within its limits, for the transportation of passengers and merchandise.
History of Section. G.L. 1896, ch. 187, § 8; G.L. 1909, ch. 215, § 11; G.L. 1923, ch. 251, § 2; G.L. 1938, ch. 124, § 2; G.L. 1956, § 39-9-1.
No railroad corporation shall abandon any railroad station that is on its road and in this state after the station has been established for twelve (12) months, except by permission of the commission; but the corporation may establish stations to be used only during certain months of each year, and for such trains, as they may designate by notice put up and maintained in some conspicuous place at the stations so established, specifying the months during which the station will be used.
History of Section. G.L. 1896, ch. 187, § 29; P.L. 1900, ch. 741, § 1; G.L. 1909, ch. 215, § 33; G.L. 1923, ch. 251, § 24; G.L. 1938, ch. 124, § 24; G.L. 1956, § 39-9-2; P.L. 1973, ch. 199, § 7; P.L. 2020, ch. 79, art. 1, § 5.
Every railroad corporation shall be deemed a common carrier; and whenever two (2) or more railroads are connected within this state, the corporation running either of the railroads shall receive articles for transportation to any place on the line of either of the railroads so connected, and shall be liable as common carriers for the delivery of articles at the place. If any corporation shall become liable to pay any sum by reason of the neglect or misconduct of any other corporation, the corporation paying the sum may collect the sum of the corporation by reason of whose neglect or misconduct it became so liable.
History of Section. G.L. 1896, ch. 187, § 33; G.L. 1909, ch. 215, § 37; G.L. 1923, ch. 251, § 28; G.L. 1938, ch. 124, § 28; G.L. 1956, § 39-9-3.
Whenever merchandise is transported over any portion of two (2) railroads that form a connecting line, and the tracks of which so unite that cars can pass from one to another, no charge shall be made for the loading or unloading or for the carriage of the merchandise from the cars of one of the railroads to the cars of the other.
History of Section. G.L. 1896, ch. 187, § 30; G.L. 1909, ch. 215, § 34; G.L. 1923, ch. 251, § 25; G.L. 1938, ch. 124, § 25; G.L. 1956, § 39-9-4.
Every railroad corporation owning a road in use, operated by steam power, shall, at reasonable times and for a reasonable compensation, draw over the same the passengers, merchandise, and cars of any other railroad corporation that connects with, or may be authorized by the legislature to enter with its road upon, or connect the same with and use, the road of the first named corporation; and shall also provide upon its road convenient and suitable depot accommodations for the passengers and merchandise of the other road passing to and over it, and shall receive and deliver the same in the manner it receives and delivers its own passengers and freight.
History of Section. G.L. 1896, ch. 187, § 31; G.L. 1909, ch. 215, § 35; G.L. 1923, ch. 251, § 26; G.L. 1938, ch. 124, § 26; G.L. 1956, § 39-9-5.
If the corporations cannot agree upon the stated periods at which the cars shall be so drawn, and the compensation to be paid therefor, or cannot agree upon the terms and conditions upon which accommodations shall be furnished for passengers and merchandise, the supreme court, upon application by either party, shall appoint three (3) commissioners, who, after due notice to and hearing the parties interested, shall determine, having reference to the convenience and interest of the corporations and of the public to be accommodated thereby, the stated periods for drawing cars, and compensation therefor, or the terms and conditions for passengers and merchandise, or the requisite terminal accommodations and manner of transferring passengers and freight, as aforesaid; and upon the application of either party, shall determine all questions between them in relation to the transportation of freight and passengers and other business upon and connected with the roads in which they are jointly interested, and the manner in which the business shall be done; and shall apportion to the corporations their respective shares of the expenses, receipts, and income of the same; and the award of the commissioners or a majority of them, when approved by the court, shall be binding upon the respective corporations interested therein for one year and until commissioners appointed in like manner, upon application of either party, shall revise and alter the award.
History of Section. G.L. 1896, ch. 187, § 31; C.P.A. 1905, § 1226; G.L. 1909, ch. 215, § 35; G.L. 1923, ch. 251, § 26; G.L. 1938, ch. 124, § 26; G.L. 1956, § 39-9-6.
The compensation of the commissioners for services and expenses under § 39-9-6 shall be paid by the respective corporations in proportions as the commissioners shall determine and set forth as a part of their award; the award shall be returned to the court, and be subject to revision in all matters of law arising thereon, and the court may, by injunction or other suitable order, compel the performance of any final order of the commissioners, or of the court, under the provisions of § 39-9-6.
History of Section. G.L. 1896, ch. 187, § 32; C.P.A. 1905, § 1129; G.L. 1909, ch. 215, § 36; G.L. 1923, ch. 251, § 27; G.L. 1938, ch. 124, § 27; G.L. 1956, § 39-9-7.
No railroad corporation shall contract to furnish facilities for the transportation of milk, or shall carry it in large quantities over any portion of its line, without at the same time establishing a tariff under which it will receive, forward, and deliver milk by the can over the same portion of its line for any person tendering the same, so that the milk by the can shall be carried under fairly proportionate advantages in every respect, including price, time, and reasonable care for the same, as the milk carried in large quantities or under contract.
History of Section. G.L. 1896, ch. 187, § 35; G.L. 1909, ch. 215, § 39; G.L. 1923, ch. 251, § 30; G.L. 1938, ch. 124, § 30; G.L. 1956, § 39-9-8.
On the petition of a person desiring to forward milk over a railroad, the division of public utilities and carriers shall ascertain at what rate facilities for carriage of milk under contract or in large quantities are furnished by the railroad corporation, and shall compare the rate with the tariff for the carriage of milk by the can from and to the same places, including a reasonable compensation for the care of milk by the can; and if the tariff for care and carriage by the can is unreasonably more than the rate for its carriage under contract or in large quantities, the division of public utilities and carriers shall revise the tariff and fix rates therefor fairly proportionate with the contract or large quantity rates, and shall notify the corporation of the revision.
History of Section. G.L. 1896, ch. 187, § 36; G.L. 1909, ch. 215, § 40; G.L. 1923, ch. 251, § 31; G.L. 1938, ch. 124, § 31; G.L. 1956, § 39-9-9.
A corporation that refuses or neglects to receive, forward, or deliver milk by the can at the tariff rates so fixed and notified to it by the division of public utilities and carriers, shall forfeit to the person tendering the same ten dollars ($10.00) for each and every can it so refuses to receive or neglects to forward or deliver, to be recovered in action of tort.
History of Section. G.L. 1896, ch. 187, § 37; G.L. 1909, ch. 215, § 41; G.L. 1923, ch. 251, § 32; G.L. 1938, ch. 124, § 32; G.L. 1956, § 39-9-10.
Every passenger upon a railroad within the limits of this state shall have the privilege of taking with him or her upon any train, on which he or she is a passenger, personal baggage not exceeding eighty pounds (80 lbs.) in weight, without any charge on the part of the railroad company transporting the baggage, except the railroad fare of the passenger; and bicycles are hereby declared to be, and are decreed to be baggage, within the meaning of this section, and shall be by the railroad companies transported as baggage, subject to the same liabilities; provided, however, that no railroad company shall be required to transport more than one bicycle for a single person, and no passenger shall be required to crate, cover, or otherwise protect any bicycle.
History of Section. G.L. 1896, ch. 187, § 9; P.L. 1896, ch. 345, § 1; G.L. 1909, ch. 215, § 12; G.L. 1923, ch. 251, § 3; G.L. 1938, ch. 124, § 3; G.L. 1956, § 39-9-11.
Every railroad corporation carrying passengers in cars propelled by steam, which shall collect in the cars a greater fare than the price for which a single passage ticket is sold from the station at which the passenger takes the train, shall issue to the passenger a certificate for such sum as the fare collected on the train exceeds the sum for which a single passage ticket for the same distance is sold at the ticket office of the company, which certificate shall be payable upon presentation at any ticket office of the corporation; and every railroad corporation that shall neglect or refuse to comply with the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense, one-half (½) to the use of the complainant and one-half (½) thereof to the use of the state.
History of Section. G.L. 1896, ch. 187, § 42; G.L. 1909, ch. 215, § 46; G.L. 1923, ch. 251, § 37; G.L. 1938, ch. 124, § 37; G.L. 1956, § 39-9-12.
Every railroad corporation shall keep an account of the toll, freight, and passage money received at their depots and offices of receipt, and keep the same at all times in readiness for the examination of the general assembly, or the division of public utilities and carriers, or any committee that may be appointed by the general assembly.
History of Section. G.L. 1896, ch. 187, § 38; G.L. 1909, ch. 215, § 42; G.L. 1923, ch. 251, § 33; G.L. 1938, ch. 124, § 33; G.L. 1956, § 39-9-13.
No corporation unless incorporated by the general assembly, and no person or partnership unless the person or partnership or the members of the partnership are residents of this state, shall transport or engage in the transportation of any goods, wares, merchandise, or parcels of any description within this state until the corporation, person, or partnership shall have complied with the provisions of this chapter.
History of Section. G.L. 1896, ch. 160, § 1; G.L. 1909, ch. 189, § 1; G.L. 1923, ch. 217, § 1; G.L. 1938, ch. 391, § 1; G.L. 1956, § 39-10-1.
Every corporation, person, or partnership shall by a written power appoint some citizen of this state, resident therein, as attorney, with power and authority to accept service of all lawful process against the corporation, person, or partnership, and to cause an appearance to be entered in like manner as if the corporation had existed or the person or the members of the partnership had been residents of and been duly served with process within the state.
History of Section. G.L. 1896, ch. 160, § 2; G.L. 1909, ch. 189, § 2; G.L. 1923, ch. 217, § 2; G.L. 1938, ch. 391, § 2; G.L. 1956, § 39-10-2.
A copy of a power of attorney duly certified and authenticated shall be filed with the secretary of state, and copies thereof duly certified shall be received in evidence in all courts in the state.
History of Section. G.L. 1896, ch. 160, § 3; G.L. 1909, ch. 189, § 3; G.L. 1923, ch. 217, § 3; G.L. 1938, ch. 391, § 3; G.L. 1956, § 39-10-3.
If the attorney shall die or resign or be removed, the corporation, individual, or partnership shall make a new appointment, as provided in § 39-10-2, and file a copy with the secretary of state as provided in § 39-10-3, so that at all times there shall be within the state an attorney authorized as provided in § 39-10-2; and no power of attorney shall be revoked until after like power shall have been given to some competent person and a copy thereof filed as provided in § 39-10-3.
History of Section. G.L. 1896, ch. 160, § 4; G.L. 1909, ch. 189, § 4; G.L. 1923, ch. 217, § 4; G.L. 1938, ch. 391, § 4; G.L. 1956, § 39-10-4; P.L. 1997, ch. 326, § 111.
Service of process upon an attorney shall be deemed sufficient service upon his or her principals.
History of Section. G.L. 1896, ch. 160, § 5; G.L. 1909, ch. 189, § 5; G.L. 1923, ch. 217, § 5; G.L. 1938, ch. 391, § 5; G.L. 1956, § 39-10-5.
Every corporation or partnership shall file in the office of the secretary of state, with the written power described in § 39-10-2, a copy of the charter of the corporation or a list of the names and the places of residence of all the members of the co-partnership.
History of Section. G.L. 1896, ch. 160, § 6; G.L. 1909, ch. 189, § 6; G.L. 1923, ch. 217, § 6; G.L. 1938, ch. 391, § 6; G.L. 1956, § 39-10-6; P.L. 1997, ch. 326, § 111.
Every person, corporation, or co-partnership violating any of the provisions of this chapter shall forfeit five hundred dollars ($500).
History of Section. G.L. 1896, ch. 160, § 7; G.L. 1909, ch. 189, § 7; G.L. 1923, ch. 217, § 7; G.L. 1938, ch. 391, § 7; G.L. 1956, § 39-10-7.
Whenever used in this chapter:
(1) “Airports and landing fields” means all airports and landing fields other than those owned by the state.
(2) “Charter carrier” means and includes all carriers for hire or compensation by air within this state not included in the definition of the term common carrier.
(3) “Common carrier” means and includes all carriers for hire or compensation by air that operate, or seek to operate, over fixed routes or between fixed termini within the state.
(4) “Person” means and includes any individual, co-partnership, association, corporation, or other form of organization and their lessees, trustees, or receivers, appointed by any court.
History of Section. P.L. 1944, ch. 1500, § 1; G.L. 1956, § 39-11-1.
It is hereby declared to be the purpose and policy of the legislature in enacting this chapter, to confer upon the public utilities administrator the power and authority and to make it his or her duty to supervise and regulate the transportation of persons and property by intrastate aircraft through the air between termini located within this state.
History of Section. P.L. 1944, ch. 1500, § 2; G.L. 1956, § 39-11-2.
Any person seeking to engage in the operation, or to extend a present operation, as an intrastate common carrier of persons or property by aircraft, shall first obtain a certificate of convenience and necessity from the public utilities administrator in accordance with the provisions of this chapter.
History of Section. P.L. 1944, ch. 1500, § 3; G.L. 1956, § 39-11-3.
No certificate shall be required for the transportation of United States mail.
History of Section. P.L. 1944, ch. 1500, § 6; G.L. 1956, § 39-11-4.
Application for a certificate shall be in writing and shall contain such information as the administrator may require. All applications for a certificate shall be in the form prescribed by the administrator and shall be accompanied by a filing fee of twenty dollars ($20.00).
History of Section. P.L. 1944, ch. 1500, § 4; G.L. 1956, § 39-11-5; P.L. 1960, ch. 71, art. 3, § 31.
Upon the filing of an application for a certificate, the administrator shall fix a time and place for the hearing on the application and shall cause notice of the filing of the application and of the hearing on the application to be given by mail not less than ten (10) days, exclusive of the date of mailing, before the hearing, addressed to all holders of certificates, and applicants therefor whose operations or proposed operations would be affected by the granting of the proposed certificate, and upon any other person deemed by the administrator to have an interest in the proceeding. All interested persons shall have the right to appear and take part in all proceedings before the administrator either in person or by counsel. All hearings, investigations, and inquiries before the administrator shall be governed by rules to be adopted and prescribed by the administrator, and in the hearings and investigations and inquiries, the administrator shall not be bound by the technical rules of evidence.
History of Section. P.L. 1944, ch. 1500, § 5; G.L. 1956, § 39-11-6.
The public utilities administrator is hereby authorized and empowered, and it is hereby made his or her duty, upon the filing of an application for a certificate of public convenience and necessity in accordance with the provisions of this chapter, to hear all interested parties. The administrator shall not receive or consider evidence with respect to other forms of transportation, or the service, or facilities thereof, nor shall the administrator consider such factors in determining whether public convenience and necessity requires the proposed operations.
History of Section. P.L. 1944, ch. 1500, § 6; G.L. 1956, § 39-11-7.
The administrator may issue a certificate granting the application in whole or in part and may impose such terms and conditions as he or she may deem proper in the public interest. The applicant for the certificate shall be entitled to the certificate only upon showing by competent evidence that the public convenience and necessity requires the proposed service or operation and that the applicant is fit, willing, and able to provide the service proposed and found to be required.
History of Section. P.L. 1944, ch. 1500, § 6; G.L. 1956, § 39-11-8.
Orders of the administrator shall be served upon all parties to the respective proceedings and shall become effective thirty (30) days after the service. Any of the parties to any hearing before the administrator may, upon proper petition, be granted a rehearing. The administrator shall prescribe rules and regulations governing the rehearing. If any rehearing is granted within thirty (30) days after the issuance of an order, then the order shall not become effective until thirty (30) days after the determination of the administrator following the rehearing proceedings.
History of Section. P.L. 1944, ch. 1500, § 6; G.L. 1956, § 39-11-9.
All certificates issued by the administrator shall continue in force and effect until surrendered or revoked for cause. No certificate may be transferred except upon proper application and hearing, and upon a finding by the administrator that the transfer is consistent with the public interest. No certificate shall confer any proprietary, property, or exclusive rights in the use of any airspace, airport, or other air navigation facility.
History of Section. P.L. 1944, ch. 1500, § 6; G.L. 1956, § 39-11-10.
All common carriers subject to this chapter shall, before engaging in business, file with the administrator and keep open to public inspection at its offices and terminals schedules showing all rates, fares, and charges for transportation of passengers, or property, between different points on its route or routes, and also between points on its own route and on the routes of other common carriers, when a through route and joint rate have been established. No intrastate aircraft common carrier shall accept or receive any person or property for transportation until the requirements of this chapter have been complied with, and no carrier shall charge, demand, collect, or receive a greater or less or different remuneration therewith than the rates, fares, and charges that have been legally established and filed with the administrator; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so established. The administrator is vested with the power and authority to supervise, regulate, and fix, alter, and determine just, fair, reasonable, and sufficient rates, fares, charges, and classifications. No order of the administrator affecting rates, fares, and charges shall issue except after notice and hearing on the same, and any interested party may appear and take part in any proceedings.
History of Section. P.L. 1944, ch. 1500, § 7; G.L. 1956, § 39-11-11.
Any corporation or association, presently existing, and any that may hereafter be organized or authorized to do business under the laws of this state, or any lessee, or trustee, or any person or persons owning, conducting, managing, operating, or controlling any air carrier engaged in intrastate commerce, may issue stocks and bonds, notes, or other evidences of indebtedness, payable at periods of more than twelve (12) months after the date thereof, only when there shall have been secured from the administrator an order authorizing the issue. Any person, corporation, or association desiring authority to issue stocks or bonds, notes, or other evidences of indebtedness shall make written application therefor to the administrator in such form as the administrator may require. The administrator shall thereafter make such inquiry or investigation as he or she may deem necessary, and the administrator may hold such hearings and examine such witnesses’ books, papers, documents, or contracts as he or she may deem of importance, for the purpose of enabling him or her to reach a determination. The administrator shall authorize the issuance of the stocks or bonds, notes, or other evidences of indebtedness, if he or she shall be shown that the funds to be so realized are necessary for the acquisition of property, the construction, completion, extension, or improvement of facilities, or for the improvement or maintenance of service, or for the discharge or lawful refunding of obligations, or for any other proper purpose.
History of Section. P.L. 1944, ch. 1500, § 8; G.L. 1956, § 39-11-12.
Any common carrier in operation on or before April 23, 1944, shall be entitled to a certificate of convenience and necessity as a matter of right, and without proof of public convenience and necessity, authorizing it to continue operations over the route or routes and between the points it had been serving in intrastate commerce on or prior to April 23, 1944.
History of Section. P.L. 1944, ch. 1500, § 9; G.L. 1956, § 39-11-13.
Upon application of any person, or upon his or her own motion, and upon at least ten (10) days’ notice to the parties affected thereby, and for good cause, and after an opportunity for a hearing on the application, the administrator may revoke, suspend, alter, amend, or modify any and all of his or her orders and findings, but no certificate shall be amended, altered, modified, revoked, suspended, or impaired except after like notice and opportunity to be heard and upon clear proof of good, just, and sufficient cause.
History of Section. P.L. 1944, ch. 1500, § 10; G.L. 1956, § 39-11-14; P.L. 1997, ch. 326, § 112.
No air carrier shall abandon any route or part thereof for which a certificate has been issued by the administrator unless, upon the application of the air carrier and after notice and a hearing by the administrator, he or she shall find abandonment to be in the public interest. Any interested person may appear and be heard in opposition or in support of any abandonment. The administrator may, by regulation or otherwise, authorize such temporary suspension of service as may be in the public interest.
History of Section. P.L. 1944, ch. 1500, § 10; G.L. 1956, § 39-11-15.
Failure to commence operations within the time prescribed in the certificate or order of the administrator, or discontinuance of operations for more than sixty (60) days, shall be deemed just cause for revocation, but shall not be regarded as the sole cause for such action.
History of Section. P.L. 1944, ch. 1500, § 10; G.L. 1956, § 39-11-16.
(a) Any person seeking to engage in the operation, or to extend a present operation, as a charter carrier, shall first obtain a certificate of public convenience and advantage from the public utilities administrator in accordance with the provisions of this chapter.
(b) The provisions of §§ 39-11-4 — 39-11-10, 39-11-14 — 39-11-16 and 39-11-23, shall apply to all applications and all charter carriers.
History of Section. P.L. 1944, ch. 1500, § 11; G.L. 1956, § 39-11-17.
Any charter carrier in operation on or before April 23, 1944, shall be entitled to a certificate of public convenience and advantage as a matter of right and without proof of public convenience and advantage; provided, however, that any charter carrier temporarily prevented from carrying on any authorized operations because of the emergency created by World War II, shall be considered as having been in operation on April 23, 1944, for the purposes of this section.
History of Section. P.L. 1944, ch. 1500, § 11; G.L. 1956, § 39-11-18.
To aid in promoting and developing interstate transportation of persons and property by aircraft, any holder of a certificate of convenience and necessity issued by the federal Civil Aeronautics Board or any other appropriate federal governmental authority may apply to the administrator for a certificate for that portion of its interstate operation that is within the boundaries of this state, upon the forms and in the manner prescribed by the administrator for applications.
History of Section. P.L. 1944, ch. 1500, § 16; G.L. 1956, § 39-11-19.
Within a reasonable time after the filing of an application, the administrator shall issue a certificate to the applicant without a hearing thereon for that portion of the interstate operation that is within this state, upon such terms and conditions as he or she may deem proper and in the public interest, but the terms and conditions shall not conflict with those under which the federal certificate is issued. Any rights conferred upon the holder of any certificate issued under the provisions of §§ 39-11-19 — 39-11-21 as well as the terms and conditions applicable thereto, shall apply only to intrastate operations performed in conjunction with interstate operations under the federal certificate, and the certificate issued under this section shall not be construed to grant to the holder thereof the right to operate otherwise as an intrastate carrier.
History of Section. P.L. 1944, ch. 1500, § 16; G.L. 1956, § 39-11-20; P.L. 1997, ch. 326, § 112.
For the purpose of receiving due notice of all proceedings before the administrator relating to aeronautics, the administrator is hereby authorized and directed to notify all holders of certificates issued under §§ 39-11-19 and 39-11-20 in the same manner as he or she is directed to notify holders of certificates issued under other provisions of this chapter.
History of Section. P.L. 1944, ch. 1500, § 16; G.L. 1956, § 39-11-21.
[Repealed]
History of Section. P.L. 1944, ch. 1500, § 12; G.L. 1956, § 39-11-22; Repealed by P.L. 1969, ch. 240, § 18.
(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding five hundred dollars ($500) or imprisoned for a term not exceeding one year, or shall be so fined and imprisoned.
(b) For the purposes of this chapter, each day during which any violation shall occur shall constitute a separate and distinct offense.
History of Section. P.L. 1944, ch. 1500, § 13; G.L. 1956, § 39-11-23.
[Repealed]
Each section of this chapter and each part of each section is hereby declared to be an independent section, and the holding of any section or sections or part or parts thereof to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part thereof.
History of Section. P.L. 1944, ch. 1500, § 15; G.L. 1956, § 39-11-27.
It is hereby declared to be the policy of the state to regulate transportation of property by motor carriers upon its publicly used highways in such manner as to recognize and preserve the inherent advantages of transportation, and to foster sound economic conditions in transportation and among carriers engaged therein in the public interest; and in connection therewith to:
(1) Promote adequate, economical, and efficient service by motor carriers and reasonable charges therefor without unjust discriminations, undue preferences, or advantages or unfair or destructive competitive practices;
(2) Improve the relations between, and coordinate transportation by and the regulations of motor carriers and other carriers;
(3) Develop and preserve a highway transportation system properly adapted to the needs of the commerce of the state; and
(4) Promote safety upon its publicly used highways in the interest of its citizens.
History of Section. P.L. 1935, ch. 2268, art. 1, § 1; G.L. 1938, ch. 99, art. 1, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-1; P.L. 1958, ch. 87, § 1.
As used in this chapter:
(1) “Administrator” means the public utilities administrator.
(2) “Certificate” means a certificate of public convenience and necessity issued under this chapter or by any corresponding provisions of earlier laws to a common carrier by motor vehicle.
(3) “Common carrier” means any person who or that undertakes, whether directly or by any other arrangements, to transport property, or any class or classes of property, by motor vehicle between points within this state, for the general public for compensation, over the publicly used highways of this state, whether over regular or irregular routes.
(4) “Contract carrier” means any person who or that engages in transportation by motor vehicle of property in intrastate commerce, for compensation (other than transportation referred to in the preceding paragraph), under continuing contracts with one person or an unlimited number of persons for the furnishing of transportation services of a special and individual nature required by the shipper and not generally provided by common carriers.
(5) “Driveaway-towaway operations” means any operation in which any motor vehicle or motor vehicles, new or used, constitute the commodity being transported, when one set or more of wheels of any motor vehicle or motor vehicles are on the highway during the course of transportation, whether or not any motor vehicle furnishes the automotive power.
(6) “Driver” means any person operating a motor vehicle used for the transportation of property, that he or she owns or is operating with the express or implied consent of its owner.
(7) “Interstate carrier” means any person who or that operates motor vehicles for the transportation of property of others for compensation over the publicly used highways of this state in interstate commerce authorized or certified by the Interstate Commerce Commission.
(8) “Interstate commerce” means commerce between any place in this state and any place in another state or between places in this state through another state.
(9) “Interstate permit” means an interstate carrier permit issued by the administrator to an interstate common or contract carrier by motor vehicle operating for compensation over the publicly used highways of this state.
(10) “Intrastate commerce” means any commerce wholly within this state by motor vehicle between points having a point of origin and a point of destination within this state.
(11) “Irregular route” means a route or routes within the territory as set forth in the carrier’s certificate, but not over a specified route or routes between fixed termini.
(12) “Motor carrier” means a common carrier by motor vehicle, a contract carrier by motor vehicle, or an interstate carrier by motor vehicle.
(13) “Motor vehicle” means any vehicle, machine, truck, tractor-trailer, or semi-trailer propelled or drawn by any mechanical power and used upon the highways in the transportation of property, but does not include any vehicle or car operated on a rail or rails whether on or off the publicly used highways.
(14) “Natural subdivision” means a group of persons engaged in the motor trucking industry that, by the nature and similarity of the service performed, has operating interests peculiar to the groups and that by reason thereof requires distinct and separate regulations.
(15) “Permit” means a permit issued under this chapter or corresponding provisions of earlier laws to a contract carrier by motor vehicle.
(16) “Person” means any individual, firm, co-partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; and, where the context requires shall include “driver,” as defined in this section.
(17) “Private carrier” means any person, other than a common carrier or a contract carrier or an interstate carrier who or that transports in intrastate or interstate commerce by motor vehicle, property of which the person is the owner, lessee, or bailee, when the transportation is for the purpose of sale, lease, rent, or bailment, or in the furtherance of any commercial enterprise. The private carrier shall be exempted from the provisions of this chapter.
(18) “Publicly used highways” means all public ways, roads, highways, streets, avenues, alleys, boulevards, parks, squares, and bridges and approaches thereto, within this state.
(19) “Regular route” means a specified route or routes, between fixed termini, as set forth in the carrier’s certificate.
History of Section. P.L. 1935, ch. 2268, art. 2, §§ 1-8; G.L. 1938, ch. 99, art. 2, §§ 1-8; G.L. 1938, ch. 99, art. 2, §§ 1-10; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-2; P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 1; P.L. 1984, ch. 81, § 15.
There shall be exempted from the provisions of this chapter:
(1) Motor vehicles while engaged exclusively in the delivery of United States mail;
(2) Motor vehicles owned and operated by the government of the United States;
(3) Motor vehicles owned and operated by a cooperative group and used exclusively for the transportation of the property of the cooperative group or its members;
(4) Motor vehicles used exclusively in the transportation of agricultural commodities or horticultural commodities or products from a farm, or farm supplies to a farm;
(5) Motor vehicles engaged in the plowing or removal of snow from the publicly used highways within this state;
(6) Motor vehicles engaged in the transportation of garbage, ashes, and debris removed from private dwellings, commercial, and industrial establishments;
(7) Motor vehicles engaged exclusively in transporting newspapers.
History of Section. P.L. 1935, ch. 2268, art. 5, § 6; G.L. 1938, ch. 99, art. 5, § 6; G.L. 1938, ch. 99, art. 5, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-34; G.L. 1956, § 39-12-3; P.L. 1958, ch. 87, § 1.
(a) It shall be the duty of the administrator:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to continuous and adequate service, uniform system of accounts, records and reports, and preservation of records;
(2) To regulate contract carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to uniform system of accounts, records, and reports, and preservation of records;
(3) To administer, execute, and enforce all provisions of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure of administration;
(4) For the purposes of the administration of the provisions of this chapter, to inquire into the management of the business of motor carriers and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of the persons is related to the management of the business of one or more motor carriers, and the administrator shall keep himself or herself informed as to the manner and method in which the businesses are conducted, and may obtain from the carriers and persons the information as the administrator deems necessary to carry out the provisions of this chapter;
(5) To administer, execute, and enforce all provisions of chapter 12.1 of this title and to make all necessary orders in connection therewith and to prescribe rules, regulations, and procedure of administration.
(b) The administrator may, from time to time, establish the just and reasonable classifications of groups of carriers included in the term “common carrier,” or “contract carrier,” as the special nature of the service performed by carrier shall require; and such just reasonable rules, regulations, and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the administrator deems necessary or desirable in the public interest.
(c) Upon complaint in writing to the administrator by any person, organization, or body politic or upon his or her own initiative without complaint, the administrator may investigate whether any motor carrier has failed to comply with any provisions of this chapter, or with any requirements established pursuant thereto. If the administrator, after notice and hearing, finds upon any investigation that the motor carrier has failed to comply with any provisions or requirement, the administrator shall issue an appropriate order to compel the carrier to comply therewith. Whenever the administrator is of the opinion that any complaint does not state reasonable grounds for investigation and action on his or her part, he or she may dismiss the complaint. Whenever a formal investigation shall be made by the administrator, it shall be his or her duty to make a report in writing in respect thereto, which shall state the conclusions of the administrator, together with his or her decision, order, or requirement in the premises. All reports of investigations made by the administrator shall be entered of record, and a copy thereof shall be furnished to the party who may have complained and to any common carrier or contract carrier that may have been complained of.
(d) The copies of schedules and classifications and tariffs of rates and charges, and all agreements and arrangements between common carriers filed with the administrator as provided in this chapter, and the statistics, tables, and figures contained in the annual or other reports of carriers filed with the administrator, as required under the provisions of this chapter, shall be preserved as public records in the custody of the administrator, and shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the administrator and in all judicial proceedings, and copies of and extracts from any of the schedules, classifications, tariffs, agreements, or arrangements, or reports, made public records as provided in this subsection, certified by the administrator, under the administrator’s seal, shall be received in evidence with like effect as the originals.
(e) The administrator may establish reasonable requirements with respect to maximum hours of service of employees and safety of operation and equipment.
History of Section. P.L. 1958, ch. 87, § 1; P.L. 1969, ch. 240, § 12; P.L. 1994, ch. 328, § 3; P.L. 1997, ch. 326, § 113.
(a) For the effective administration of this chapter as may relate to the supervision and regulation of motor carriers of property over the highways of this state in intrastate or interstate commerce, the administrator shall designate examiners, investigators, field investigators, hearing officers, regulatory inspectors, and other employees to enforce and carry into effect the provisions of this chapter; to make investigations; and to conduct hearings on any matter arising under this chapter. In conducting an investigation and/or hearing, the person so designated by the administrator shall be vested with all powers conferred on the administrator by this chapter; and upon completion of the investigation and/or hearing, the party hearing or investigating shall decide the matter at issue in hearing or under investigation and shall file his or her decision and findings in writing with the administrator, and his or her decision or finding when signed by the administrator shall be deemed the decision and order of the administrator.
(b) The administrator, or his or her duly authorized examiners, investigators, officers, or regulatory inspectors, shall have authority to examine all equipment of motor carriers and lessors and shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence, and other documents of motor carriers and/or lessors, and documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier, as the administrator shall deem relevant to the person’s relation to or transaction with the carrier. Motor carriers, lessors, or persons shall submit their accounts, books, records, memoranda, correspondence, or other documents, relating to motor carrier activities only, for the inspection and copying authorized by this section, and motor carriers and lessors shall submit their equipment for examination and inspection, to any duly authorized examiner, investigator, or regulatory inspector upon demand and the display of proper credentials. The administrator shall have the power to administer oaths; summon and examine witnesses; and order the production and examination of books, accounts, records, memoranda, correspondence, and other documents in any proceeding within the jurisdiction of the administrator. All subpoenas and orders for the production of books, accounts, papers, records, and documents shall be signed and issued by the administrator and served as subpoenas in civil cases in the superior court are now served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the division fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the administrator shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal or pertinent question, or if any person shall refuse to produce books, accounts, records, memoranda, correspondence, or other documents material to the issue, set forth in an order duly served on him or her, the administrator or his or her agent thereof may apply to any justice of the superior court of any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause before the justice who made the order or any justice of the superior court why he or she should not be adjudged for contempt. Upon return of the order, the justice before whom the matter is brought for a hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal question and a pertinent question, or to produce books, accounts, records, memoranda, correspondence, or other documents material to the issue that he or she was ordered to bring or produce, the justice may immediately commit the offender to jail, there to remain until he or she submits to do the act for which he or she was required to do, or is discharged according to law.
History of Section. P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 2.
Except as otherwise provided in this chapter, no person shall engage in the business of transporting property for compensation in intrastate commerce over the publicly used highways as a common carrier, unless there shall be in force with respect to the carrier a certificate of public convenience and necessity issued by the administrator authorizing the operations. Every person proposing to operate as a common carrier shall file with the administrator, in the form to be provided by him or her, an application for a certificate, accompanied by a fee of two hundred and fifty dollars ($250). All revenues received under this section shall be deposited as general revenues. Each application for a certificate shall be made in writing; shall be verified by oath or written declaration that it is made under penalties of perjury; and shall contain such information as the administrator may require. The administrator shall, within a reasonable time, fix the time and place of hearing on every application. Notice of the hearing shall be given by publication or by written notice mailed by the administrator at least ten (10) days before the date fixed thereof to all common carriers, including railroad companies, if any, serving any part of the route or territory proposed to be served by the applicant; to each person filing with the administrator a written request for the notice; and to any other person who may, in the opinion of the administrator, be interested in or affected by the issuance of the certificate. The copy of the notice, including a list of the applications to be heard, shall be publicly posted in the office of the administrator. Any person having an interest in the matter shall have the right, in accordance with rules prescribed therefor by the administrator, to make representations and to introduce evidence in favor of or in opposition to the issuance of the certificate.
History of Section. P.L. 1935, ch. 2268, art. 3, §§ 1, 2, art. 5, § 1; G.L. 1938, ch. 99, art. 3, §§ 1, 2, art. 5, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-3 — 39-12-5, 39-12-24; G.L. 1956, § 39-12-6; P.L. 1958, ch. 87, § 1; P.L. 1960, ch. 71, art. 3, § 32; P.L. 1980, ch. 339, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 2007, ch. 73, art. 26, § 2; P.L. 2007, ch. 485, § 2.
A certificate shall be issued by the administrator, after a hearing, to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, orders, rules, and regulations of the administrator thereunder; otherwise the application shall be denied. Any certificate issued under this chapter shall specify the service to be rendered. Certificates issued under this chapter shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues. No certificate shall be issued to a common carrier by motor vehicle or, when issued, shall remain in force authorizing the transportation of property over the publicly used highways of this state, unless the rates and charges upon which the property is transported by the carrier shall have been published in the tariff and filed with the administrator in accordance with this chapter.
History of Section. P.L. 1935, ch. 2268, art. 3, § 2; G.L. 1938, ch. 99, art. 3, § 2; G.L. 1938, ch. 99, art. 3, §§ 2, 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-6, 39-12-7, 39-12-14; P.L. 1958, ch. 87, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 2018, ch. 176, § 18; P.L. 2018, ch. 289, § 18.
It is hereby declared that the business of contract carrier, as defined in this chapter, is affected with the public interest, and that the safety and welfare of the public upon the public highways within this state, the preservation and maintenance of the highways, and the proper regulation of common carriers using highways require the regulation of contract carriers to the extent provided in this chapter.
History of Section. P.L. 1935, ch. 2268, art. 4, § 1; G.L. 1938, ch. 99, art. 4, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-15; G.L. 1956, § 39-12-8; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
Except as otherwise provided in this chapter, no person shall engage in the business of transporting property as a contract carrier by motor vehicle, in intrastate commerce, over the publicly used highways of this state, unless there is in force, with respect to the carrier, a permit issued by the administrator authorizing the person to engage in the business. Every person proposing to operate as a contract carrier shall file with the administrator, in the form to be provided by him or her, an application for a permit, accompanied by a fee of one hundred dollars ($100). All revenues received under this section shall be deposited as general revenues. Each application for the permit shall be made in writing; be verified under oath or written declaration that it is made under penalties of perjury; and shall contain such information as the administrator may require. The administrator shall, within a reasonable time, fix the time and place of the hearing on every application. Notice of the hearing shall be given by publication or by written notice, mailed by the administrator at least ten (10) days before the date fixed therefor, to all common and contract carriers, including railroad companies, if any, serving any part of the route or territory proposed to be served by the applicant; to each person filing with the administrator a written request for the notice; and to any other person who may, in the opinion of the administrator, be interested in or affected by the issuance of the permit. A copy of the notice, including a list of the applications to be heard, shall be publicly posted in the office of the administrator. Any person having an interest in the matter shall have the right, in accordance with the rules and regulations prescribed therefor by the administrator, to make representations and to introduce evidence in favor of or in opposition to the issuance of the permit.
History of Section. P.L. 1935, ch. 2268, art. 4, §§ 2, 3, art. 5, § 1; G.L. 1938, ch. 99, art. 4, §§ 2, 3, art. 5, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-16, 39-12-17, 39-12-24; G.L. 1956, § 39-12-9; P.L. 1958, ch. 87, § 1; P.L. 1960, ch. 71, art. 3, § 32; P.L. 1980, ch. 339, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118.
A permit shall be issued to any qualified applicant therefor authorizing, in whole or in part, the operations covered by the application, if it shall appear, after a hearing, that the applicant is fit, willing, and able properly to perform the services of a contract carrier by motor vehicle; and to conform to the provisions of this chapter and the requirements, rules, and regulations of the administrator made thereunder; and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest; otherwise, the application shall be denied. Permits issued under this chapter shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues. The administrator shall specify in the permit the business of the contract carrier covered thereby and the scope thereof; and he or she shall attach to it at the time of issuance, and from time to time thereafter, such reasonable terms, conditions, and limitations consistent with the character of the holder as a contract carrier, as the public interest may require, but may in no way limit the number of contracts that the contract carrier may hold under the permit. The contract carrier shall have the right to substitute or add to his or her or its equipment and facilities as the development of the business may require.
History of Section. P.L. 1935, ch. 2268, art. 4, § 4; G.L. 1938, ch. 99, art. 4, § 4; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-18; G.L. 1956, § 39-12-10; P.L. 1958, ch. 87, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118.
Every common carrier by motor vehicle shall print, file with the administrator, and keep open for public inspection, tariffs showing all the rates and charges for transportation, and all services in connection therewith, of property, in intrastate commerce, between points on its own routes and points on the routes of any other carrier, or on the routes of any common carrier by railroad, express, or water, when a through route and joint rate shall have been established. A filing fee of fifty dollars ($50.00) must accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues. The rates and charges shall be stated in lawful money of the United States. The tariffs required by this section shall be published, filed, and posted in such form and manner, and shall contain such information as the administrator, by regulation, shall prescribe. The administrator may reject any tariff filed with him or her that is not consistent with this section and with the regulations. Any tariff so rejected by the administrator shall be void and its use shall be unlawful.
History of Section. P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-7; G.L. 1956, § 39-12-11; P.L. 1958, ch. 87, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118.
It shall be the duty of every common carrier of property by motor vehicle to establish, observe, and enforce just, reasonable, and reasonably compensatory rates, charges, and classification, and reasonable regulations and practices relating thereto, which shall become effective on a date fixed by the carrier, which shall be at least thirty (30) days after the filing of the tariff containing the rates, charges, and classification, unless suspended by the administrator, prior to the effective date of the tariff or classification, upon complaint of any person, organization, or body politic or by the administrator on his or her own motion. No change shall be made in any rate, charge, classification, or any rule, regulation, or practice affecting the rate, charge, or classification, or the value of the service thereunder specified in any tariff of a common carrier by motor vehicle, except after thirty (30) days’ notice of the proposed change filed and posted in accordance with § 39-12-11. The notice shall plainly state the changes proposed to be made and the time when the change will take effect. The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges or a change in classification therein, upon notice less than that specified in this section, or may modify the requirements of this section with respect to the posting and filing of tariffs and classifications, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after a hearing, may establish, from time to time, such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, classifications, or supplements thereto; the time and manner of filing thereof; the suspension of rates before the rates become effective; and bearing upon the validity of any filed or existing rate. No common carrier of property by motor vehicle shall charge or demand or collect or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time; and no carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any other person, any portion of the rates or charges so specified, or extend to any person any privileges or facilities for transportation in intrastate commerce, except such as are specified in its tariffs.
History of Section. P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-8 — 39-12-11; G.L. 1956, § 39-12-12; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
(a) The administrator, upon complaint of any common carrier by motor vehicle or of any person, or upon his or her own motion, after a hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates of common carriers in connection with the transportation of any or all classes of property to any or between any and all points within the state and any service connected therewith in accordance with the legal standards provided in this chapter. Whenever, upon complaint or in any investigation on his or her own initiative, the administrator, after a hearing, shall be of the opinion that any rate or charge collected, charged, or demanded by any common carrier by motor vehicle, or any classification, rule, regulation, or practice whatsoever of the carrier affecting the rate, charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, he or she shall determine and prescribe the lawful rate or charge, or the maximum and/or minimum rate or charge thereafter to be observed or the lawful classification, rule, regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform “driveaway-towaway operations” shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
(c) The administrator shall implement a diesel price emergency surcharge program whereby a person licensed under § 39-3-3, § 39-3-3.1, or § 39-3-4 to perform as a “common carrier of persons and/or property upon water between termini within the state,” providing “lifeline” service as determined by the division, shall be permitted to impose and collect a surcharge for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesel fuel in this state exceeds one dollar and twenty cents ($1.20) per gallon; provided, however, that no such surcharge shall be authorized for carriers providing service that is determined by the division to be “discretionary” in nature.
History of Section. P.L. 1935, ch. 2268, art. 3, § 3; G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-12; G.L. 1956, § 39-12-13; P.L. 1958, ch. 87, § 1; P.L. 2001, ch. 307, § 2; P.L. 2003, ch. 412, § 2; P.L. 2005, ch. 352, § 1; P.L. 2010, ch. 192, § 1; P.L. 2010, ch. 208, § 1.
In the exercise of power to prescribe just and reasonable rates and charges for the transportation of property by common carriers by motor vehicle, and classifications, regulations, and practices relating thereto, and to disallow rates filed by any carriers, the administrator shall give due consideration, among other factors, to the inherent advantages of transportation by the carriers; to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient transportation service of the carriers at the lowest cost consistent with the furnishing of the service; and to the need of revenues sufficient to enable the carriers under honest, economical, and efficient management to provide such service. In any proceeding to determine the justness and reasonableness of any rates or charges of any common carrier, there shall not be taken into consideration or allowed, as evidence or elements of value of the property of the carrier, either good will, earning power, or the certificate under which the carrier is operating. At any hearing involving a change in rates, charges, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier to show that the proposed rule, changed rate, charge, classification, regulation, or practice is just and reasonable.
History of Section. G.L. 1938, ch. 99, art. 3, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-13; G.L. 1956, § 39-12-14; P.L. 1958, ch. 87, § 1.
Every contract carrier by motor vehicle shall file with the administrator a copy of every contract for the transportation of property by motor vehicle in effect in connection with its operations, which shall be in writing and shall be executed by all parties thereto. The period of time during which the contracts shall be in force; the charges for transportation and accessorial services, if any; and the duties and obligations of all parties thereto, shall be specifically stated in the contracts, and the copies shall be kept in the files of the administrator but not opened to public inspection.
History of Section. G.L. 1956, ch. 99, art. 4, § 5; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-19; G.L. 1956, § 39-12-15; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable rates and charges for any service rendered or to be rendered in the transportation of property, and to establish and observe reasonable regulations and practices to be applied in connection with the reasonable rates and charges.
(b) It shall be the duty of every contract carrier by motor vehicle to publish; file with the administrator on not less than thirty (30) days’ notice; and keep open for public inspection in the form and manner prescribed by the administrator, schedules containing the actual rates and charges of the carrier, and any rule, regulation, or practice affecting the rates or charges, and the value of the service thereunder. A filing fee of fifty dollars ($50.00) must accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues.
(c) No contract carrier shall engage in the transportation of property, unless the effective contract or contracts are in force, and a copy or copies filed with the administrator, and/or unless the actual charges for transportation by the carrier have been published, filed, and posted in accordance with the provisions of this chapter. No contract shall be filed nor reduction made in any charge, either directly or by means of any change in any rule, regulation, or practice affecting the charge or the value of the service under the contract, except after thirty (30) days’ notice of the proposed change filed in the manner and form as provided in subsection (b) of this section; provided, that the administrator may, in his or her discretion and for good cause shown, allow the change upon less notice, or may modify the requirements of this section with respect to the posting and filing of the schedules, either in particular instances or by general order, applicable to special or peculiar circumstances or conditions.
(d) The schedule of actual rates of every contract carrier shall contain a list of all parties with whom contracts are or may, from time to time, be in effect, without designation of the party for whom the motor carrier services are being or are to be performed.
(e) No carrier shall demand, or collect, or charge a less compensation for transportation than the charge contained in his or her written contract and published in his or her schedule of actual rates on file with the administrator, or prescribed after a hearing by the administrator; and it shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the actual rates and charges so filed or prescribed. The charges of the contract carriers shall be no less than those of common carriers for substantially the same or similar service.
History of Section. P.L. 1935, ch. 2268, art. 4, § 5; G.L. 1938, ch. 99, art. 4, § 5; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-20, 39-12-21; G.L. 1956, § 39-12-16; P.L. 1958, ch. 87, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 113.
Any party in interest, whether as a contract carrier, common carrier, shipper, or otherwise, may, at any time, by petition or complaint, have determined whether a rate or charge prescribed for the contract carrier by the administrator, after a hearing, is based upon or includes services that the contract carrier is not required to perform under his or her contract for services. No rates or charges for contract carriers shall be prescribed by the administrator except after a hearing, notice of which has been given to the contract carriers and common carriers affected thereby, and to the shippers or to the public served by the contract carriers and common carriers. Upon a petition of not less than ten (10) persons operating as common or contract carriers in any natural subdivision, the administrator, after a hearing, and after notice to members of the natural subdivision in writing, or by publication, as the administrator may determine, shall prescribe the rates and charges, which shall not be less than the cost of performing the service, to be thereafter charged by all carriers operating within the natural subdivision for the particular type of service described in the petition, but the rates and charges shall not apply to members of the subdivision performing services other than those described in the petition.
History of Section. P.L. 1935, ch. 2268, art. 4, §§ 6, 7; G.L. 1938, ch. 99, art. 4, §§ 6, 7; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-22, 39-12-23; G.L. 1956, § 39-12-17; P.L. 1958, ch. 87, § 1.
Any irregular- or regular-route common carrier who or that, during any period of not less than sixty (60) consecutive days, fails or has failed to render any part of the service authorized by the common carrier’s certificate, except that for the reason that highways over which the common carrier must operate are impassable because of floods, conditions of the highways, or other reasonable causes, shall be deemed to have abandoned that part of the service authorized by the certificate; and if, after a hearing, the administrator finds that the carrier has so failed to render service in accordance with the common carrier’s certificate and not for any reason set forth in the foregoing exceptions, the common carrier’s rights thereto to the extent of the common carrier’s failure to render service shall be forfeited; and the administrator shall revoke or reissue the common carrier’s certificate subject to the resulting limitations.
History of Section. P.L. 1958, ch. 87, § 1.
Any contract carrier by motor vehicle who, during any period of not less than one year, fails or has failed to render any part of the service authorized by the contract carrier’s permit, except for the reason that the highways over which the contract carrier must operate are impassable because of floods, conditions of the highways, or for other reasonable causes, shall be deemed to have abandoned that part of the service authorized by the contract carrier’s permit; and if, after a hearing, the administrator finds that the carrier has so failed to render service in accordance with the contract carrier’s permit, and not for any reason set forth in the foregoing exceptions, the contract carrier’s rights thereto, to the extent of the contract carrier’s failure to render service, shall be forfeited; and the administrator shall reissue the contract carrier’s permit subject to the resulting limitations.
History of Section. P.L. 1958, ch. 87, § 1.
Any common-carrier certificate or any contract-carrier permit may be assigned and transferred, in whole or in part, by the holder thereof, his or her assignee, receiver, trustee, or by the holder’s personal representative, or by the surviving partner or partners of the deceased partner to which the rights and privileges under the certificate or permit shall pass at the death of the holder, upon his or her application to the administrator. The transfer and assignment must receive the consent and approval of the administrator, after public notice, in the manner provided in §§ 39-12-6 and 39-12-9, and a public hearing, at which the proposed transferee shall have established to the satisfaction of the administrator his or her willingness, fitness, and ability to perform or furnish transportation for compensation under the certificate or permit. No certificate or permit may be transferred in part, unless the rights are clearly severable; and no certificate or permit shall be transferred, in whole or in part, except in connection with the bona fide sale to the transferee of the business of the transferor. The application shall be accompanied by a fee of two hundred and fifty dollars ($250). All revenues received under this section shall be deposited as general revenues. It shall be unlawful for any person to accomplish or effectuate or to participate in accomplishing or effectuating the control or management in a common interest of any two (2) or more common carriers, however such a result is attained, whether directly or indirectly, by use of common directors, officers, or stockholders, or in any manner whatsoever. As used in this section, the words “control and management” shall be construed to include the power to exercise control and management. The holder of either a common-carrier certificate or a contract-carrier permit shall not acquire the operating rights held by another person through a transfer proceeding unless, both operating rights are merged simultaneously and not until the application to transfer is approved by the administrator.
History of Section. P.L. 1935, ch. 2268, art. 5, § 1; G.L. 1938, ch. 99, art. 5, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-26; G.L. 1956, § 39-12-20; P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 3; P.L. 1980, ch. 339, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 2007, ch. 73, art. 26, § 2; P.L. 2007, ch. 485, § 2.
Persons holding a certificate as a common carrier may also perform as a contract carrier under the authority of certificate.
History of Section. G.L. 1938, ch. 99, art. 5, § 2; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-27; G.L. 1956, § 39-12-21; P.L. 1958, ch. 87, § 1; P.L. 1993, ch. 409, § 1.
Contracts entered into by a certified carrier shall be filed with the division of public utilities and carriers as part of the carrier’s tariffs and shall be subject to the division’s approval after public notification and public hearing by the division of public utilities and carriers as provided in this title.
History of Section. P.L. 1993, ch. 409, § 2.
Every motor carrier engaged in transporting property over the highways of this state for compensation, in interstate commerce, shall file an application with the administrator for a permit of registration. The application shall be accompanied by a fee of twenty-five dollars ($25.00). Upon a showing by the carrier that it has been authorized by the Interstate Commerce Commission to conduct an operation into, from, within, or through this state, and that the carrier is in compliance with all other requirements of this chapter, the administrator shall issue a permit of registration to the carrier as soon as possible, and the carrier shall not so operate in interstate commerce unless and until the permit of registration shall have been issued. The motor carrier shall be required to file with the administrator only that portion of its interstate authority permitting operations within the borders of this state, and the motor carrier shall not be required to file with the administrator emergency or temporary operating authority having a duration of thirty (30) consecutive days or less, if the carrier has registered its interstate authority and registered and identified its vehicles under the provisions of this chapter. The administrator shall prescribe reasonable rules and regulations governing the registration of interstate authority. Every intrastate motor carrier holding either a common-carrier certificate or a contract-carrier permit from the administrator is hereby granted the right to operate motor vehicles in interstate commerce in the transportation of property for compensation, as authorized by the Interstate Commerce Commission, without obtaining an interstate permit of registration from the administrator.
History of Section. P.L. 1935, ch. 2268, art. 6, §§ 1, 2; G.L. 1938, ch. 99, art. 6, §§ 1, 2; P.L. 1945, ch. 1543, § 1; G.L. 1938, ch. 99, art. 6, § 3; P.L. 1946, ch. 1805, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-28 — 39-12-30; G.L. 1956, § 39-12-22; P.L. 1958, ch. 87, § 1; P.L. 1960, ch. 71, art. 3, § 32; P.L. 1967, ch. 209, § 4; P.L. 1969, ch. 240, § 13; P.L. 1980, ch. 339, § 1; P.L. 1986, ch. 35, § 1.
Any permit of registration may be assigned and transferred by the holder thereof, his or her assignee, receiver, trustee, or by the holder’s personal representative, or by the surviving partner or partners of the deceased partner to which the right under the permit shall pass at the death of the holder upon application to the administrator. The application shall be accompanied by a fee of fifty dollars ($50.00). The transferor shall establish before the administrator that the operating authority to engage in interstate commerce in transportation for compensation is to be or has been transferred with the approval of the Interstate Commerce Commission. The administrator may establish such reasonable rules and regulations as he or she may deem necessary pertaining to the transfer and assignment of permits of registration.
History of Section. P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 5; P.L. 1980, ch. 339, § 1.
[Repealed]
History of Section. G.L. 1938, ch. 99, art. 6, § 4; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-31; G.L. 1956, § 39-12-24; P.L. 1958, ch. 87, § 1; Repealed by P.L. 1969, ch. 240, § 18.
In the event of the decease, incompetency, insolvency, bankruptcy, or corporate reorganization under the bankruptcy law of the United States, of a holder of a certificate or permit that authorizes motor carrier operations in intrastate commerce under this chapter, the administrator, upon application or notification of his or her executor, administrator, guardian, conservator, assignee, trustee, or receiver, shall conditionally operate the certificate or permit as a fiduciary, pending the filing of an application to transfer the certificate or permit and pending the decision of the administrator as to the fitness, willingness, and ability of the transferee to conduct the operation or business authorized by the certificate or permit. In the event of the decease, incompetency, insolvency, or bankruptcy of a member of a partnership holding the certificate or permit, the administrator upon receipt of notification of the remaining partner or partners, or of the executor, administrator, guardian, conservator, assignee, trustee, or receiver of the deceased, incompetent, insolvent, or bankrupt partner, may make a like conditional transfer to the remaining partner or partners. Upon application of the executor, administrator, guardian, conservator, assignee, trustee, receiver, surviving, or remaining partner, the administrator may transfer the certificate or permit in accordance with the provisions of this chapter from the original holder to any person named in the application and approved by the administrator.
History of Section. P.L. 1958, ch. 87, § 1.
Every interstate motor carrier engaged in the transportation of property for compensation over the highways of this state, subject to the provisions of this chapter, shall register and identify all vehicles to be operated in the state in accordance with the provisions contained in and mandated under the federal “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) (Public Law 109-59, enacted August 10, 2005), the Unified Carrier Registration Act of 2005 (Included within SAFETEA-LU), and the Unified Carrier Registration Agreement (UCRA) (§§ 4302 — 4308 of SAFETEA-LU), and/or any related successor federal law(s). All intrastate carriers not subject to the provisions of the foregoing federal law shall apply to the administrator for the issuance of a vehicle identification device for the registration and identification of vehicles and shall be assessed twenty dollars ($20.00) for each identification device for which an application is made. All revenues received shall be deposited as general revenues. The identification device shall be furnished annually to every carrier whose duty it shall be to apply for it. It shall be unlawful for any motor vehicle to be engaged in transporting property for compensation in either intrastate or interstate commerce without the owner of it having applied for and received the required identification device, unless the vehicle is exempted from the provisions of this chapter. Each identification device shall be accompanied by a registration card issued by the administrator, which shall be in the possession of the vehicle’s driver when the vehicle is operating. Transfers of the identification device from one vehicle to another are hereby prohibited unless authorized by the administrator. The administrator, in his or her discretion, may refuse to reissue the identification device to the holder of any certificate, permit, or permit of registration, pending any complaint or hearing upon the question of revocation or suspension or in which such question is involved. The administrator shall prescribe reasonable rules and regulations governing the registration and identification of motor vehicles authorized for operation under this chapter. Violations of this section are subject to fines enumerated in § 31-41.1-4.
History of Section. P.L. 1935, ch. 2268, art. 5, § 1; G.L. 1938, ch. 99, art. 5, § 11; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-25; G.L. 1956, § 39-12-26; P.L. 1958, ch. 87, § 1; P.L. 1960, ch. 71, art. 3, § 32; P.L. 1967, ch. 209, § 6; P.L. 1969, ch. 240, § 13; P.L. 1980, ch. 339, § 1; P.L. 1987, ch. 508, § 1; P.L. 1988, ch. 129, art. 8, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 2002, ch. 292, § 129; P.L. 2007, ch. 73, art. 26, § 2; P.L. 2007, ch. 485, § 2.
No certificate or permit shall be issued to a motor carrier or remain in force, unless the carrier shall have furnished the administrator with evidence of insured financial responsibility. Each motor carrier shall satisfy the requirements by furnishing the administrator with proof of the carrier’s ability to meet any and all legally established claim or claims for damages by reason of personal injury to, or the death of, any one person in an amount of at least two hundred and fifty thousand dollars ($250,000), or by reason of personal injuries to, or the death of, all persons injured or killed in any one accident of five hundred thousand dollars ($500,000) (subject to a maximum of two hundred and fifty thousand dollars ($250,000) for bodily injuries to or the death of one person), and for damages to property (excluding cargo) in the amount of at least twenty-five thousand dollars ($25,000). A filing fee of ten dollars ($10.00) must accompany each insurance filing. All revenues received under this section shall be deposited as general revenues. No common or contract carrier by motor vehicle shall engage in intrastate commerce, nor shall any certificate or permit be issued to the carrier or remain in force, unless and until there shall be filed with the administrator evidence of insured financial responsibility by the carriers to meet any and all legally established claim or claims for loss or damage to all property belonging to the shipper or consignee and coming into possession of the carriers in connection with their motor carrier transportation service in an amount of at least twenty-five thousand dollars ($25,000); provided, however, that the requirements of this section shall not apply in connection with the transportation of commodities declared by the administrator, after notice and hearing, to be exempt from cargo insurance requirements. Each motor carrier required by the provisions of this chapter to furnish evidence of insured financial responsibility shall satisfy such requirements by filing with the administrator:
(1) A certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the motor carrier has a policy of insurance in force insuring the carrier against public liability, property damage, and damage or loss to cargo, in at least the minimum amounts herein prescribed; or
(2) A certificate on blanks furnished by the administrator and issued by the general treasurer that the motor carrier has filed with the general treasurer a bond in the amount of one hundred thousand dollars ($100,000), issued by a surety company authorized to transact business in Rhode Island and conditioned upon payment of any sum up to and including the maximum amounts required in this section in the satisfaction of any final judgment rendered as the result of any claim, or claims, for damages against the motor carrier. The administrator will give consideration to and will approve the application of a motor carrier to qualify as a self-insurer in lieu of the insurance prescribed in this section, if the carrier furnishes a true and accurate statement of its financial condition and other evidence as will establish to the satisfaction of the administrator the ability of the motor carrier to satisfy its obligations for liability and bodily injury or death and liability for the property damage in the minimum amounts prescribed therein without affecting the stability or permanency of the business of the motor carriers. All certificates of insurance, surety bonds, and other securities and agreements filed with the administrator must show the coverage effective continuously until canceled. Certificates of insurance, surety bonds, and other securities and agreements shall not be canceled or withdrawn until after thirty (30) days’ notice in writing by the insurance company, surety or sureties, motor carrier, or other party thereto, as the case may be, has first been given to the administrator at his or her office in Providence, which period of time shall commence to run from the date the notice is actually received at the office of the administrator. However, the surety bonds, certificates of insurance, and other securities and agreements may be canceled prior to the expiration of the thirty (30) days, if on or before the date notice of cancellation is received at the office of the administrator, a replacement filing acceptable to the administrator shall have been received, the replacement being effective on or before the effective date of the cancellation. No cancellation may become effective before the date of receipt of the notice by the administrator.
History of Section. P.L. 1935, ch. 2268, art. 7, § 2; G.L. 1938, ch. 99, art. 7, § 2; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-33; G.L. 1956, § 39-12-27; P.L. 1958, ch. 87, § 1; P.L. 1979, ch. 341, § 1; P.L. 1992, ch. 133, art. 34, § 5; P.L. 1995, ch. 370, art. 40, § 118; P.L. 1997, ch. 326, § 113.
(a) Every motor carrier engaged in the transportation of household goods between points within the state including a carrier providing a service incidental to or part of the intrastate transportation shall include and shall require each of its agents to include in every advertisement as defined in this section, the name or trade name of the motor carrier under whose operating authority the advertised service will originate and the certificate of public convenience number or permit number issued to the operating authority by the public utilities commission.
(b) As used in this section, “advertisement” shall mean any written or printed communication to the public in connection with an offer or sale of any intrastate transportation service but not including the name, address, and telephone number of the carrier.
History of Section. P.L. 1990, ch. 92, § 1; P.L. 1997, ch. 326, § 113.
Any common carrier subject to the provisions of this chapter, receiving property for transportation between points within this state, shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to the property caused by it or by any other common carrier to which the property may be delivered or over whose line or lines the property may pass within this state when transported on a through bill of lading, and any common carrier so receiving property for transportation between points within this state or any common carrier delivering the property so received and transported shall be liable to the lawful holder of the receipt or bill of lading or to any party entitled to recover thereon, whether the receipt or bill of lading has been issued or not, for the actual loss, damage, or injury to the property caused by it or by any common carrier to which the property may be delivered or over whose line or lines the property may pass within this state when transported on a through bill of lading notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any receipt or bill of lading, or any contract, rule, regulation, or in any tariff filed with the administrator; and the limitation without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void; provided, however, that the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value and declaring any limitation to be unlawful and void, shall not apply to property received for transportation concerning which the motor carrier shall have been or shall hereafter be expressly authorized or required by order of the administrator to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property, in which case the declaration or agreement shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released; and any tariff or schedule which may be filed with the administrator pursuant to the order shall contain specific reference thereto and may establish rates varying with the value so declared and agreed upon; and the administrator is hereby empowered to make the order in cases where rates dependent upon and varying with declared or agreed value would, in his or her opinion, be just and reasonable under the circumstances surrounding the transportation; provided, further, that nothing in this chapter shall deprive any holder of a receipt or bill of lading of any remedy or right of action which he or she has under existing law; provided, further, that it shall be unlawful for any motor common carrier to provide by rule, contract, regulation, or otherwise, a shorter period for the filing of claims than nine (9) months, and for the institution of suits than two (2) years, the period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice; and, provided, further, that the liability imposed in this section shall also apply to property reconsigned or diverted in accordance with the applicable tariff filed as in this chapter provided. The common carrier issuing the receipt or bill of lading, or delivering the property so received and transported, shall be entitled to recover from the common carrier over whose lines the loss, damage, or injury shall have been sustained, the amount of the loss, damage, or injury as it may be required to pay to the owners of the property, as may be evidenced by any receipt, judgment, or transcript thereof, and the amount of any expense reasonably incurred by it in defending the action at law brought by the owners of the property.
History of Section. P.L. 1958, ch. 87, § 1; P.L. 1979, ch. 341, § 1.
Every motor carrier of property operating in interstate commerce over the highways of this state, in the transportation of property for compensation, shall file with the administrator a designation in writing of the name and post office address of a person in this state upon whom or which service of process, notices, or orders may be made.
History of Section. P.L. 1958, ch. 87, § 1.
The administrator is hereby authorized to require annual, periodical, or special reports from all motor carriers, subject to the provisions of this chapter; to prescribe the manner and form in which the reports shall be made; and to require from the carriers specific and full, true, and correct answers to all questions upon which the administrator may deem information to be necessary. The annual reports shall give an account of the affairs of the carrier in such form and detail as may be prescribed by the administrator.
History of Section. P.L. 1958, ch. 87, § 1.
The administrator is hereby authorized to employ such clerical force and inspectors as shall be necessary to enforce and carry into effect the provisions of this chapter within his or her appropriation.
History of Section. P.L. 1935, ch. 2268, art. 9, § 2; P.L. 1936 (s. s.), ch. 2462, § 1; G.L. 1938, ch. 99, art. 9, § 2; G.L. 1938, ch. 99, art. 9, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-40; G.L. 1956, § 39-12-31; P.L. 1958, ch. 87, § 1.
Examiners, field investigators, hearing officers, regulatory inspectors, and other employees of the division designated by the administrator with respect to the enforcement of the provisions of this chapter, shall have and exercise, throughout this state, all powers of police officers, including the power to arrest, without warrant, any person who violates any provision of this chapter, and the agents may serve all process lawfully issued by the administrator. Whenever a complaint is made of any violation of the provisions of this chapter by any examiner, field investigator, hearing officer, regulatory inspector, or any other employee of the division designated by the administrator to enforce the provisions of this chapter, he or she shall not be required to furnish surety for costs or be liable for costs upon any complaint.
History of Section. P.L. 1935, ch. 2268, art. 9, § 2; P.L. 1936 (s. s.), ch. 2462, § 1; G.L. 1938, ch. 99, art. 9, § 2; G.L. 1938, ch. 99, art. 9, § 3; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-41, 39-12-42; G.L. 1956, § 39-12-32; P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 7.
The administrator is hereby authorized to avail himself or herself of such state, city, and town police departments as are or may hereafter be existing by law, to enforce the provisions of this chapter and the rules, regulations, and orders of the administrator made under this chapter; and the police departments are hereby given the necessary authority and power, in addition to those they now possess, to carry into effect the directions of this section.
History of Section. P.L. 1935, ch. 2268, art. 9, § 3; G.L. 1938, ch. 99, art. 9, § 3; G.L. 1938, ch. 99, art. 9, § 2; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-43; G.L. 1956, § 39-12-33; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
No person shall be excused from testifying or from producing any books, accounts, records, memoranda, correspondence, or other documents in any investigation or inquiry by or upon any hearing before the administrator, when ordered to do so by the administrator, upon the ground that the testimony or evidence, books, accounts, records, memoranda, correspondence, or other documents required of him or her may tend to incriminate him or her or subject him or her to penalties or forfeitures; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, by order of the administrator, have testified or produced documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Nothing in this section is intended to give or shall be construed as in any manner giving any corporation immunity of any kind from the law.
History of Section. P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
Every person, subject to the provisions of this chapter, shall be subject to such reasonable orders, rules, and regulations as shall, after a public hearing, be adopted and promulgated by the administrator. For willful or continued failure to comply with orders, rules, and regulations, or for willful or continued failure to comply with the terms and conditions of any certificate or permit granted under this chapter or previous laws, the administrator, after notice and hearing, or after failure to appear at a hearing of which due notice has been given, may suspend or modify or revoke the permit or certificate, subject however, to the right of appeal as to the reasonableness and lawfulness of the suspension or revocation or modification to the public utility hearing board as provided in chapter 35 of title 42.
History of Section. P.L. 1935, ch. 2268, art. 7, § 1; G.L. 1938, ch. 99, art. 7, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-32; G.L. 1956, § 32-12-35; P.L. 1958, ch. 87, § 1.
(a) Any person, subject to the provisions of this chapter, who shall knowingly or willfully cause to be done any act prohibited by this chapter, or who shall be guilty of any violation of this chapter for which no penalty is otherwise provided, shall be guilty of a misdemeanor; and shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one year, or both for each offense.
(b) The administrator may in his or her discretion in lieu of seeking criminal sanctions, impose upon its regulated common or contract carriers an administrative civil penalty (fine) in lieu of revoking or suspending the carrier’s operating authority as conferred under this chapter. The fine shall not exceed one thousand dollars ($1,000) per each violation of the sections contained in this chapter or the division’s rules and regulations promulgated thereunder.
History of Section. P.L. 1935, ch. 2268, art. 8, § 1; G.L. 1938, ch. 99, art. 8, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-35; G.L. 1956, § 39-12-36; P.L. 1958, ch. 87, § 1; P.L. 1991, ch. 44, art. 11, § 1; P.L. 1993, ch. 446, § 1.
Any person, whether carrier, shipper, consignee, or any officer, employee, agent, or representative thereof who:
(1) Shall knowingly offer, grant, or give or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provisions of this chapter; or
(2) Who by means of any false statement or representation, or by use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, disposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer, or permit any person or persons to obtain transportation of property subject to this chapter for less than the applicable rate of charge; or
(3) Who shall knowingly and willfully, by any means or otherwise, fraudulently seek to evade or defeat regulation as in this chapter provided for motor carriers;
shall be guilty of a misdemeanor, and upon conviction thereof, be fined not more than three hundred dollars ($300) or by imprisonment for a term not exceeding one year, or both.
History of Section. P.L. 1935, ch. 2268, art. 8, §§ 2 — 4; G.L. 1938, ch. 99, art. 8, §§ 2 — 4; P.L. 1946, ch. 1805, § 1; G.L. 1956, §§ 39-12-36 — 39-12-38; G.L. 1956, § 39-12-37; P.L. 1958, ch. 87, § 1.
Any examiner, investigator, hearing officer, accountant, regulatory inspector, or field investigator, who shall knowingly and willfully divulge any facts or information that may come to his or her knowledge during the course of any examination or inspection made under authority of § 39-12-5, except as he or she may be directed by the administrator or by a court or judge thereof, shall be guilty of a misdemeanor and shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500) or imprisonment not exceeding one year.
History of Section. P.L. 1958, ch. 87, § 1.
A full record shall be kept by every court in this state of every case in which a person is charged with violation of any provision of this chapter, and an abstract of the record shall be sent by the court to the administrator within ten (10) days of the time when the case is disposed of. The abstract shall be made upon forms prepared by the administrator and shall include all necessary information as to the parties to the cause; the nature of the offense; the date of the hearing; the plea; the decision; the judgment and result; and every abstract shall be certified by the clerk of the court.
History of Section. P.L. 1967, ch. 209, § 8.
The general assembly shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter, and in so doing shall take into consideration the fees collected under this chapter.
History of Section. G.L. 1938, ch. 99, art. 9, § 1; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-39; P.L. 1958, ch. 87, § 1; P.L. 1997, ch. 326, § 113.
[Repealed]
If any provision of this chapter, or of any rule, regulation, or order made thereunder, or the application thereof to any persons or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter; and it is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.
History of Section. P.L. 1935, ch. 2268, art. 10, §§ 1, 2; G.L. 1938, ch. 99, art. 10, §§ 1, 2; P.L. 1946, ch. 1805, § 1; G.L. 1956, § 39-12-44; G.L. 1956, § 39-12-43; P.L. 1958, ch. 87, § 1.
The legislature hereby finds the following legislation to be in the public interest for these reasons:
WHEREAS, A tow truck in the hands of an incompetent operator is a dangerous instrumentality; and
WHEREAS, The public has an inherent right to ready access to the name, location, and telephone number of certificated towers; and
WHEREAS, The operation of a tow truck on the public highway with a vehicle in tow is a dangerous instrumentality exposing others on or about the highway to loss or damage, which must be covered by adequate insurance; and
WHEREAS, The motoring public has a right, when delegating to law enforcement the selection of an operator in the towing-storage business, to expect that the operator selected and responding will be competent; and
WHEREAS, The motoring public has a right when delegating to law enforcement the selection of an operator in the towing-storage business, to expect that the charges for the services to be rendered will be reasonable and compensatory, and that the operator is physically equipped in his or her business to function properly; and
WHEREAS, The towing and storage of a vehicle without the owner’s consent, as is the case in most police-instigated tows, requires certain procedures to assure the owner that rights of due process of law are not violated; and
WHEREAS, The owner or person in control of private property of real estate has a right to be free from trespass by vehicle on the private property; and to have any trespassing vehicle removed at the owner’s expense; and
WHEREAS, The police powers delegated by the legislature of the state include the power of the police, even without the owner’s consent, to have public ways cleared of conditions that, in the opinion of the officer, create a hazardous condition to the motoring public; to have removed abandoned, abandoned and of no value, and unattended vehicles; to have removed and/or relocated vehicles in violation of parking ordinances; and to have removed any vehicle under control of any person arrested for any criminal offense; and
WHEREAS, The process of selection of the operator of a towing-storage business for police work is unique in that law enforcement, though having the legal duty to order the work, has no legal duty to pay costs and charges connected therewith, the same being the duty of the vehicle owner.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 2006, ch. 216, § 14.
As used in this chapter, the following words shall have the meaning as set forth in this section.
(1) “Abandoned vehicle” means (i) A vehicle that is inoperable and more than eight (8) years old and is left unattended on public property for more than forty-eight (48) hours; or (ii) A vehicle that has remained illegally on public property for a period of more than three (3) days; or (iii) A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days.
(2) “Abandoned vehicle of no value” means (i) a motor vehicle that is inoperable and more than ten (10) years old and is left unattended on public property for more than forty-eight (48) hours; or (ii) A vehicle that has remained illegally on public property for a period of more than three (3) days; or (iii) A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, and meets the following criteria:
(A) The vehicle has no evidence of current registration in or upon the vehicle; and
(B) The vehicle has a fair market value of five hundred dollars ($500) or less; and
(C) The vehicle does not have a valid inspection sticker.
(3) “Certificated tower” means a carrier possessing a certificate of public convenience and necessity issued by the public utilities administrator for the purpose of transporting vehicles by tow-away method.
(4) “Legal owner” means the person who has obtained ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the division of motor vehicles.
(5) “Police department” means the police department of a city or town or the Rhode Island state department.
(6) “Possessory lien” means the right to retain possession of a vehicle and motor vehicle registration plates against all claims of the owner and/or security lien or until all charges are paid for recovery, towing, storage in accordance with the certificated tower’s tariff.
(7) “Private trespass” means the unattended presence of a vehicle on private property without the consent of the owner or person in control thereof.
(8) “Registered owner” means the person recorded in the division of motor vehicles as being the one to whom the registration of the vehicle was issued.
(9) “Tow truck” means any motor vehicle designed and/or ordinarily used for the purpose of towing or removing vehicles or assisting disabled motor vehicles.
(10) “Unattended vehicle” means any vehicle other than an “abandoned vehicle” or “abandoned vehicle of no value” that meets the following criteria:
(i) Left unoccupied in a place or for a time period prohibited by law or municipal ordinance or so as to cause traffic congestion or hazard; or
(ii) From which the operator or owner thereof has been removed by any member of a police department in the performance of his or her official duties; or
(iii) Left on public or private property without the consent of the owner or person in control thereof, or one having the exclusive right to the use thereof.
(11) “Vehicle” means any motor vehicle as defined in § 39-12-2.
(12) “Vehicle survey report” means a report printed in the form provided in § 31-42-1(f).
History of Section. P.L. 1994, ch. 328, § 1.
(a) Any member of any police department or the owner or person in control of private property may order the removal of any abandoned or unattended vehicle, or any member of any police department, upon completion of a vehicle survey report, as defined in this chapter, may order the removal of any abandoned vehicle of no value by a certificated tower and may instruct the certificated tower to remove the vehicle to its own place of storage.
(b) The last registered owner and/or the legal owner, or the person who left a vehicle in a position so that the vehicle becomes abandoned, abandoned and of no value, or unattended shall be liable for all reasonable costs of recovery, towing, and storage in accordance with the certificated tower’s tariff.
(c) Any member of a police department observing a vehicle on or near a public way that appears to be abandoned, abandoned and of no value, or unattended shall tag the vehicle by affixing securely to the vehicle a colored form or by using an easily observable sticker. The tag or sticker shall show:
(1) The date and time of tagging, and the name and telephone number of the police department;
(2) That the vehicle will be removed pursuant to this chapter unless the vehicle is removed after forty-eight (48) hours; provided, however, the police officer may order the immediate removal of the vehicle without prior tagging as provided in this section if it is parked illegally, causes traffic congestion or hazard, or when the operator is not allowed to continue to operate the vehicle after having been detained for operating in violation of the law.
(d) No person in possession of a vehicle that, in the opinion of the police officer in charge of the scene, needs to be removed to another location, shall be denied the right to have any certificated tower of his or her choice attend to the removal; provided, however, that allowing the choice of certificated tower does not cause a continuation of traffic congestion or of a hazardous condition on the highway that the police officer is able to eliminate by other means. When the hazardous condition has been eliminated, the person’s choice shall be employed to remove the vehicle to the place selected by the person in possession.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114.
(a) A certificated tower removing an abandoned or unattended vehicle shall notify within two (2) hours thereof, the police department of the city or town from which the vehicle is towed, and shall provide:
(1) The year, make, model, and serial number of the vehicle;
(2) The name, address, and telephone number of the certificated tower; and
(3) The street address or location from which the vehicle was towed.
(b) A certificated tower removing an abandoned or unattended vehicle shall notify within fourteen (14) days thereof, by registered mail, return receipt requested, the last-known registered owner of the vehicle and all lienholders of record at the address shown in the records of the appropriate registry in the state in which the vehicle is registered that the vehicle has been taken into custody. The notice shall be substantially in the form provided in § 39-12.1-13 and shall describe:
(1) The year, make, model, and serial number of the vehicle;
(2) The name, address, and telephone number of the certificated tower;
(3) That the vehicle is in the possession of that certificated tower;
(4) That recovery, towing, and storage charges are accruing as a legal liability of the registered and/or legal owner;
(5) That the certificated tower claims a possessory lien for all recovery, towing, and storage charges;
(6) That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff;
(7) That should the registered and/or legal owner consider that the original taking was improper or not legally justified, he or she has a right to file an administrative complaint pursuant to chapter 12 of this title to contest the original taking;
(8) That if no claim is filed and the vehicle is not claimed and possession retaken or arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at public auction;
(9) That the proceeds of the sale shall be first applied to recovery, towing, and storage charges with any excess proceeds being deposited as provided in accordance with § 39-12.1-9(d)(3);
(10) That any recovery, towing, and storage charges in excess of the sale proceeds shall remain as a civil obligation of the registered and/or legal owner.
(c) If the identity of the last registered owner cannot be determined from the records of the appropriate registry in the state in which the vehicle is registered, or if the registration contains no address for the ownership, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all requirements of notice pursuant to this chapter. A notice by publication may contain multiple listings of abandoned or unattended vehicles. Any notice by publication shall be within the time requirements prescribed for notice by registered mail and shall have the same contents required for a notice by registered mail.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114; P.L. 2004, ch. 294, § 1; P.L. 2004, ch. 489, § 1; P.L. 2020, ch. 79, art. 1, § 6.
(a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined in § 39-12.1-2, is at least ten (10) years old or less than ten (10) years old and has an altered vehicle identification number; has not been registered within one year; has no established fair market value; and would not pass a safety inspection pursuant to chapter 38 of title 31, a certificated tower shall not be required to comply with the provisions of § 39-12.1-4.
(b) If a police department takes possession or orders the removal of a vehicle that meets the requirements of this section, the police department shall request that the state police conduct a computer search to determine if the vehicle is a stolen vehicle. The police department shall remove the vehicle identification number from the vehicle and shall maintain a record of all numbers removed from vehicles for a period of two (2) years.
(c) A police department that complies with the provisions of this section may dispose of the vehicle in accordance with the provisions of § 39-12.1-9 five (5) days after the removal of the vehicle identification number.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114; P.L. 2020, ch. 79, art. 1, § 6.
Any certificated tower coming into possession of a vehicle in any lawful manner shall have a possessory lien on the vehicle and registration plates, so long as it retains possession, and if it has conformed in full with the provisions of §§ 39-12.1-4 and 39-12.1-8. The lien shall be in an amount in accordance with its published tariff.
History of Section. P.L. 1994, ch. 328, § 1.
Any certificated tower in possession of any vehicle subject to a possessory lien for a period in excess of thirty (30) consecutive days, and not having been compensated in accordance with its published tariff, is authorized to give notice and proceed to foreclosure as provided in §§ 39-12.1-8 and 39-12.1-9.
History of Section. P.L. 1994, ch. 328, § 1.
(a) Prior to enforcement of its possessory lien as provided in § 39-12.1-9, the certificated tower shall give notice by registered mail, return receipt requested, to the last-known registered owner and all known lienholders of record, at the address shown on the records of the appropriate registry, in the state of which the vehicle is registered, substantially in the form provided in § 39-12.1-14, stating:
(1) That no complaint having been filed and that the vehicle has not been claimed or possession retaken or arranged for within thirty (30) days of the notice given pursuant to § 39-12.1-4;
(2) That the certificated tower claims a possessory lien for all recovery, towing, and storage charges;
(3) That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff;
(4) That if the vehicle is not claimed and possession retaken, or arranged for, within ten (10) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at public auction;
(5) The date, time, and place at which the public auction shall occur; and
(6) That any charges in excess of the sale proceeds shall remain as a civil obligation of the owner.
(b) If the identity of the last-known registered owner and/or the lienholders cannot be determined by a request to the appropriate registry in the state in which the vehicle is registered, notice by the certificated tower pursuant to § 39-12.1-4(b) shall be sufficient notice prior to foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall occur prior to sixty (60) days after the date of notice by the certificated tower.
(c) During the sixty-day (60) period described in subsection (b) of this section, provided for in § 39-12.1-9(a), should the last registered and/or legal owner receive actual notice containing the items referred to in subsection (a) of this section, the certificated tower may proceed with lien foreclosure procedures set forth in this chapter.
(d) Notwithstanding the fact that the last-registered owner of the vehicle proves that the vehicle has been sold to another owner but that the registration has not been transferred, the last-registered owner shall remain primarily liable to the certificated tower for all charges incurred for towing and storage charges less whatever proceeds are realized at the foreclosure sale.
(e) In the event it shall be determined that failure to locate the last-registered and/or legal owner and/or lienholders was caused by any misinformation furnished by any agency of government, or because of lack of information that a government agency has the legal duty to provide, and providing that the certificated tower shall have exercised its best efforts to locate the last registered and/or legal owner and/or lienholders, the certificated tower shall be absolved of any civil duty to the lawful owner of the vehicle, and shall have complete defense against any criminal charges growing out of the disposal of the vehicle as provided in this section. In this regard, a certificated tower shall rely on the performance of law enforcement to comply with statutes dealing with the reporting of vehicles reported stolen. In addition, proof by the certificated tower of having made inquiry of the appropriate registry in the state in which the vehicle is registered in the manner required by the registry shall constitute best efforts.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114; P.L. 2020, ch. 79, art. 1, § 6.
(a) Any vehicle subject to a possessory lien as provided for in § 39-12.1-6, not redeemed by its owner within a period of ten (10) days from the date of the notice sent in conformity with § 39-12.1-8(a) or sixty (60) days from the date of notice sent in conformity with §§ 39-12.1-4 and 39-12.1-8(b), may be sold at a nonjudicial public auction.
(b) In addition to the notice required pursuant to §§ 39-12.1-8(a) or 39-12.1-4 and 39-12.1-8(b), notice of the sale shall be:
(1) Published in a newspaper of general circulation in the county in which the address of the registered owner is located or in which the business of the certificated tower is located if the identity of the last registered owner cannot be determined at least once at least ten (10) days prior to the sale; and
(2) Posted in the certificated tower’s place of business; and
(3) Mailed by registered mail, return receipt requested, to the officer-in-charge of the police department or person who instigated the initial tow.
(c) The purchaser of a vehicle sold at auction pursuant to the provisions of this chapter shall take title to the vehicle free and clear of all liens and claims of ownership. The certificated tower selling the vehicle shall give the purchaser a sales receipt, bill of sale, and affidavit of compliance with the provisions of this chapter. Upon presentation of the sales receipt, bill of sale, and affidavit of compliance to the division of motor vehicles, the division shall: (1) Cause any prior title and/or registration to the vehicle to be canceled and revoked; and (2) Shall issue to the purchaser a new title and registration.
(d) The proceeds from the foreclosure sale shall be distributed to the extent available as follows:
(1) First, to pay for the expenses of the auction;
(2) Second, to pay the certificated tower for the costs of recovery, of towing, and storage of the vehicle in accordance with its published tariff; and
(3) Any remainder from the proceeds of sale shall be deposited with the general treasurer of the state to be held in a restricted account for the registered or legal owner or entitled lienholder. All sums held by the public utilities commission for a period of three (3) or more years for which no claim has been made by the registered and/or legal owner or lienholder shall be presumed abandoned and shall revert to the general fund.
History of Section. P.L. 1994, ch. 328, § 1.
Notwithstanding any provision of the general laws to the contrary, a police department that orders the removal of or takes into custody an abandoned vehicle of no value shall hold the vehicle for a period of not less than ten (10) days. After the ten (10) days, the police department or its authorized representative shall remove the vehicle identification number from the vehicle and shall maintain a record of the number removed from the vehicle for a period of not less than one year. After the ten-day (10) period, the vehicle shall be demolished. A demolisher, who or that receives an abandoned vehicle of no value from a police department or certificated tower directed by the police to deliver the abandoned vehicle of no value, shall demolish the entire vehicle as received within fourteen (14) days of the receipt of the vehicle. Within seven (7) days after demolishing the vehicle, the demolisher shall provide the police department and the certificated tower that delivered the vehicle for demolition with a certificate attesting that the vehicle has been demolished in accordance with this section. The certificate shall be kept on file by the police department and the certificated tower for a period of one year.
History of Section. P.L. 1994, ch. 328, § 1.
Any certificated tower having in its possession any vehicle for sixty (60) days or longer, of whatever value and regardless of how it came legally into possession thereof, is hereby presumed to have a valid possessory lien on the vehicle and may proceed to foreclosure after giving notice as provided in §§ 39-12.1-4 and 39-12.1-8 of the lien.
History of Section. P.L. 1994, ch. 328, § 1.
(a) The owner or person in control of any parcel of property may cause to be removed from the property vehicles trespassing upon the property without the consent of the owner or person in control of the property by retaining, in writing, a certificated tower to remove the trespassing vehicle and relocate the vehicle to its private impoundment lot; and this procedure may be undertaken and accomplished without the need to resort to the judicial process; provided, however, that the impoundment lot shall be within ten (10) miles of the point of removal; and provided further that the lot shall be open for business to release the vehicle the same hours it is open to receive the vehicle; and provided further that there shall be posted on the outside of the office of the lot the business hours.
(b) All charges for towing, in accordance with the published tariff and storage shall be borne by the last-registered and/or legal owner of the vehicle for which charges the certificated tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that should the last-registered and/or legal owner prove through judicial process that the vehicle was not in fact trespassing on the property of the owner or person in control, the charges shall be borne by the owner or person in control of the property who ordered the towing, removal, relocation, and storage. The last-registered and/or legal owner shall, however, as a prerequisite to procedure to recover the charges from the owner or person in control of the property, pay in full all charges assessed due the certificated tower in accordance with its published tariff.
(c) A certificated tower shall remove vehicles from private property at the direction of the owner or person in control thereof only upon receiving the direction in writing, which writing and notice shall be kept in the records of the certificated tower and which writing shall be a complete defense to any civil and criminal charges resulting from removal of the vehicle.
History of Section. P.L. 1994, ch. 328, § 1; P.L. 1999, ch. 304, § 1; P.L. 1999, ch. 453, § 1.
TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDERS)
You are hereby given notice that a ________ (year, make, and model of vehicle) serial number ________ , is being stored at ________ (name, address and telephone number of storage facility). The vehicle is in the possession of ________ (name, address and telephone number of certificated tower), having been towed at the direction of ________ (name of police department or person ordering tow) because ________ (reason for tow).
You are given notice that recovery, towing, and storage charges, for which the registered and/or legal owner is liable, are accruing and that ________ (tower's name, address and telephone number) has claimed a possessory lien, pursuant to § 39-12.1-6, for the charges. You may take possession of the vehicle at any time during regular business hours by appearing with a police release, if required, and payment of all charges accrued to date of retaking.
If you claim that the original towing was improper or not legally justified you may contest the towing by filing a complaint within ten (10) days from the date of this notice with the public utilities commission, provided that security in an amount and form satisfactory to the public utilities commission is posted with the filing of the complaint.
You are further given notice that if you fail to file a complaint or fail to retake possession of the vehicle, the vehicle will be sold at public auction and the proceeds of the sale will be first applied to recovery, towing, and storage charges with any excess to be deposited with the public utilities commission to be held in an account for the registered or legal owner or entitled lienholders as provided for in § 39-12.1-9(d)(3).
You are further given notice that any recovery, towing and storage charges in excess of the sale proceeds shall remain as a civil obligation of the owner.
(Name and address of certificated tower or attorney)
History of Section. P.L. 1994, ch. 328, § 1; P.L. 2020, ch. 79, art. 1, § 6.
TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDER)
You are hereby given notice that no complaint having been filed and the vehicle not having been claimed or possession retaken or arranged for in accordance with the notice given on ________ (date of first notice) that recovery, towing, and storage charges for which the registered and/or legal owner is liable have and are accruing and the ________ (tower's name, address, and telephone number) is claiming a possessory lien, pursuant to § 39-12.1-6, for the charges. You may take possession of the vehicle at any time during regular business hours by appearing with a police release, if required, and payment of all charges accrued to date or retaking.
You are further given notice that if you fail to retake possession of the vehicle, the vehicle will be sold at public auction at ________ (time of sale) on ________ (date of sale) at ________ (address of location of sale).
You are further given notice that the proceeds from the sale will be distributed as provided for in the first notice.
(name and address of tower or attorney)
History of Section. P.L. 1994, ch. 328, § 1.
The public utilities administrator shall supervise, regulate, and enforce the provisions of this chapter.
History of Section. P.L. 1994, ch. 328, § 1.
(a) “Coordinated paratransit services” means paratransit services coordinated by the department of transportation, to be provided under a brokerage or other contractual model to provide, promote, and coordinate new or existing paratransit operations to enable all state, municipal, and private agencies access to appropriate paratransit services. For the purpose of this chapter, non-emergency medical transportation as defined in § 39-14.3-1 shall not be considered to be coordinated paratransit services.
(b) “Jitney” means and includes any motor bus or other public-service motor vehicle operated in whole or in part upon any street or highway in such manner as to afford a means of transportation similar to that afforded by a street railway company, by indiscriminately receiving or discharging passengers; or running on a regular route or over any portion thereof; or between fixed termini.
(c) “Paratransit services” means flexible transportation services provided on a demand-responsive and advance-reservation basis, for any destination within the scope of a service program provided by a state or municipal agency, the fee for which is determined pursuant to a contract between the service provider and the state or municipal agency. Paratransit includes single or group trips or trips made on a recurring basis such as for work, school, medical, nutrition, and sheltered workshops.
(d) “Public-service motor vehicle” shall include all motor vehicles as defined in § 31-1-3, used for the transportation of passengers for hire.
(e) “Transportation operator(s)” means an entity(ies) providing flexible transportation services that are operated publicly or privately, and are distinct from conventional fixed-route, fixed-schedule transit, and are generally operated with low-capacity vehicles that provide curb-to-curb or door-to-door service that typically involves transportation of elderly, disabled, low-income, or the otherwise transportation-dependent population.
History of Section. P.L. 1922, ch. 2221, § 1; G.L. 1923, ch. 254, § 1; G.L. 1938, ch. 125, § 1; impl. am. P.L. 1950, ch. 2595, art. 1, § 2; G.L. 1956, § 39-13-1; P.L. 1992, ch. 279, § 1; P.L. 2024, ch. 259, § 1, effective August 1, 2024.
Every person, association, or corporation owning or operating a jitney is hereby declared a common carrier and subject as such to the jurisdiction of the division of public utilities and carriers, and while so operating, to such reasonable rules and regulations as the division may prescribe with respect to routes, fares, speed, schedules, continuity of service, and the convenience and safety of passengers and the public.
History of Section. P.L. 1922, ch. 2221, § 2; G.L. 1923, ch. 254, § 2; G.L. 1938, ch. 125, § 2; G.L. 1956, § 39-13-2.
(a) Any person, association, or corporation operating a jitney, bus, or other motor vehicle as a transportation operator as defined in this chapter for the purpose of providing paratransit or coordinated paratransit services for the benefit of the citizenry of the state shall be exempted from regulation under this chapter.
(b) Transportation operators may enter contractual agreements with third-party transportation operators to provide paratransit services and the third parties shall be similarly exempted from regulation under this chapter.
(c) Provided, however, all transportation operators providing paratransit services shall be required to meet all driver and vehicle safety requirements as set forth in this chapter including but not limited to: (1) The same inspection standards or regulations as a jitney-registered vehicle including semi-annual safety inspections in accordance with chapter 38 of title 31; (2) That failure of a semi-annual state safety inspection shall result in suspension of the vehicle registration until such time as all defects are corrected; and (3) The requirements of § 39-13-11. Nothing in this section shall be construed to limit the power of the department of administration to require additional safety or other requirements, either by regulation or contract.
History of Section. P.L. 1992, ch. 279, § 2; P.L. 1994, ch. 70, art. 23, § 4.
No person, association, or corporation shall operate a jitney until the owner thereof shall have obtained a certificate from the division specifying the route over which the jitney may operate; the number of passengers it may carry at any one time; the service to be furnished; and that public convenience and necessity require operation over the route. Certificates issued under this chapter shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be two hundred and fifty dollars ($250) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues; provided, however, that this fee shall not apply to any city or town, or any agency or department of any city or town of the state, or any nonprofit jitney service utilized for the transportation of senior citizens.
History of Section. P.L. 1922, ch. 2221, § 3; G.L. 1923, ch. 254, § 3; P.L. 1936 (s. s.), ch. 2463; G.L. 1938, ch. 125, § 3; G.L. 1956, § 39-13-3; P.L. 1992, ch. 133, art. 34, § 6; P.L. 1995, ch. 370, art. 40, § 119; P.L. 2007, ch. 73, art. 26, § 4; P.L. 2007, ch. 485, § 4.
A certificate shall be issued only after written application for a certificate, accompanied by a fee of two hundred and fifty dollars ($250), has been made by the owner of the jitney; provided, however, that this fee shall not apply to any city or town, or any agency or department of any city or town of the state, or any nonprofit jitney service utilized for the transportation of senior citizens. All revenues received under this section shall be deposited as general revenues. No certificate shall be issued to any person who is not a citizen resident within this state, nor to any association, unless all members of the association are citizens resident within this state, nor to any corporation, unless either all stockholders thereof are citizens resident within this state or the corporation has been created by a special act of the general assembly, upon petition for the same, the pendency of which petition shall be notified in such manner as the general assembly may by general law or special act prescribe.
History of Section. P.L. 1922, ch. 2221, § 3; G.L. 1923, ch. 254, § 3; P.L. 1936 (s. s.), ch. 2463; G.L. 1938, ch. 125, § 3; G.L. 1956, § 39-13-4; P.L. 1960, ch. 71, art. 3, § 33; P.L. 1969, ch. 240, § 14; P.L. 1986, ch. 34, § 1; P.L. 1992, ch. 133, art. 34, § 6; P.L. 1995, ch. 370, art. 40, § 119; P.L. 2007, ch. 73, art. 26, § 3; P.L. 2007, ch. 485, § 3.
Upon receipt of an application, the division shall fix a time and place of a hearing thereon and shall give notice of the pendency of the application and of the time and place of the hearing thereon to the applicant, to the mayor of each city and the president of the town council of each town in or through which the applicant desires to operate, and to any common carrier operating over any portion of a route or over a route substantially parallel thereto, and shall give a public hearing upon the petition. Any town or city within which or between which, and any other town or city to which a common carrier is furnishing service, may, at any time after the certificate of public convenience and necessity has been issued, bring a written petition to the division in respect to routes, fares, speed, schedules, continuity of service, and the convenience and safety of passengers and the public. Thereupon, the division shall fix a time and place for a hearing upon the petition and shall mail a notice thereof to the parties in interest and give such other notice thereof as the division may deem proper by advertisement. The division may revoke or amend any certificate.
History of Section. P.L. 1922, ch. 2221, § 4; G.L. 1923, ch. 254, § 4; G.L. 1938, ch. 125, § 4; G.L. 1956, § 39-13-5.
(a) Any street railway company incorporated under the laws of this state and operating a street railway within this state or any railroad company incorporated under the laws of this state and operating a railroad in this state may acquire, own, and operate jitneys, subject to the provisions of this chapter and to all other laws relating to the registration, licensing, bonding, and operating of jitneys.
(b) No street railway company shall substitute for any existing trolley service, jitney service over a route over and along the same highway occupied by a line of street or other railway, or over a route that will serve the same or nearly the same communities served by a line of street or other railway, until the division shall, after due notice to the towns and cities affected thereby and a public hearing thereon, if it appears that the public interest will be served thereby, have authorized a substitution of service; and the street railway company shall thereafter continue the jitney service until, after like notice and hearing and for cause shown, the division shall have authorized the abandonment thereof.
History of Section. P.L. 1922, ch. 2221, § 5; G.L. 1923, ch. 254, § 5; P.L. 1925, ch. 635, § 1; P.L. 1928, ch. 1174, § 1; G.L. 1938, ch. 125, § 5; G.L. 1956, § 39-13-6.
The owner of every jitney shall, before operating or continuing to operate a jitney on the public highways of this state, furnish to the division of public utilities and carriers a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy that insures against liability for injury to persons and damage to property that may be caused by the operation of the jitney, such policy to provide for indemnity in the sum of not less than three hundred thousand dollars ($300,000) combined single limit or its equivalent split level.
History of Section. G.L. 1923, ch. 254, § 15; P.L. 1928, ch. 1141, § 1; G.L. 1938, ch. 125, § 15; impl. am. P.L. 1939, ch. 660, § 22; G.L. 1956, § 39-13-9; P.L. 2006, ch. 579, § 3.
The owner or operator of every jitney shall display in a conspicuous place in the jitney the certificate issued pursuant to this chapter or a certified copy thereof.
History of Section. P.L. 1922, ch. 2221, § 6; G.L. 1923, ch. 254, § 6; G.L. 1938, ch. 125, § 6; G.L. 1956, § 39-13-10; P.L. 1997, ch. 326, § 115.
(a) Upon the granting of a certificate of public convenience and necessity as provided in this chapter, the division of motor vehicles shall have jurisdiction over the registration of any jitney and over the licensing of its operator and its lighting, safety, and sanitary conditions.
(b) Effective January 1, 1986, no new license shall be issued to a jitney operator unless he or she has presented evidence of satisfactory completion of a cardiopulmonary resuscitation (CPR) training program. The program is to be approved by the American Heart Association, Rhode Island Affiliate, Inc., or the American Red Cross Association, Inc.; provided, however, that any person licensed as a jitney operator prior to January 1, 1986, shall not be required to complete the training program.
(c) This section shall not apply to operators of “taxicabs” or “limited public motor vehicles” as defined in chapter 14 of this title.
History of Section. P.L. 1922, ch. 2221, § 7; G.L. 1923, ch. 254, § 7; G.L. 1938, ch. 125, § 7; impl. am. P.L. 1939, ch. 660, § 22; G.L. 1956, § 39-13-11; P.L. 1985, ch. 34, § 1; P.L. 1986, ch. 65, § 1; P.L. 1986, ch. 120, § 1; P.L. 1997, ch. 326, § 115.
Every jitney shall carry markers to be furnished by the division of motor vehicles, which markers shall indicate that the vehicle is licensed for jitney service.
History of Section. P.L. 1922, ch. 2221, § 8; G.L. 1923, ch. 254, § 8; G.L. 1938, ch. 125, § 8; impl. am. P.L. 1939, ch. 660, § 22; G.L. 1956, § 39-13-12.
Every motor carrier engaged in transporting passengers over the highways of this state for compensation in interstate commerce, shall file an application with the administrator for a permit of registration. The application shall be accompanied by a fee of twenty-five dollars ($25.00). Upon a showing by the carrier that it has been authorized by the Interstate Commerce Commission to conduct an operation into, from, within, or through this state, and that the carrier is in compliance with all other requirements of this chapter, the administrator shall issue a permit of registration to the carrier as soon as possible and the carrier shall not so operate in interstate commerce unless and until the permit of registration shall have been issued. The motor carrier shall be required to file with the administrator only that portion of its interstate authority permitting operations within the borders of this state, and the motor carrier shall not be required to file with the administrator emergency or temporary operating authority having a duration of thirty (30) consecutive days or less, if the carrier has registered its interstate authority and registered and identified its vehicles under the provisions of this chapter. The administrator shall prescribe reasonable rules and regulations governing the registration of interstate authority. Each intrastate motor carrier holding a common-carrier certificate from the administrator is hereby granted the right to operate motor vehicles in interstate commerce in the transportation of passengers for compensation, as authorized by the Interstate Commerce Commission without obtaining a permit of registration from the administrator.
History of Section. P.L. 1969, ch. 240, § 15; P.L. 1986, ch. 34, § 1.
Every interstate motor carrier engaged in the transportation of passengers for compensation over the highways of this state, subject to the provisions of this chapter, shall apply to the administrator for the issuance of a vehicle identification device for the registration and identification of vehicles. The application shall be accompanied by a filing fee in the amount of eight dollars ($8.00) for each identification device applied for. All intrastate carriers shall be assessed twenty dollars ($20.00) for each identification device for which an application is made; provided, however, that this fee shall not apply to any city or town, or any agency or department of any city or town of the state, or any nonprofit jitney service utilized for the transportation of senior citizens. All revenues received under this section shall be deposited as general revenues. The identification device shall be furnished annually to every carrier whose duty it shall be to apply therefor. It shall be unlawful for any motor vehicle to be engaged in transporting passengers for compensation in either intrastate or interstate commerce without the owner thereof having applied for and received the required identification device, unless the vehicle is exempted from the provisions of this chapter. Each identification device shall be accompanied by a registration card issued by the administrator which shall be in the possession of the vehicle’s driver when the vehicle is in operation. Transfers of the identification device from one vehicle to another are hereby prohibited. The administrator in his or her discretion may refuse to reissue the identification device to the holder of any certificate, permit, or permit of registration, pending any complaint or hearing upon the question of revocation or suspension or in which the question is involved. The administrator shall prescribe reasonable rules and regulations governing the registration and identification of motor vehicles authorized for operation under this chapter.
History of Section. P.L. 1969, ch. 240, § 15; P.L. 1992, ch. 133, art. 34, § 6; P.L. 1997, ch. 326, § 115.
[Repealed]
The division is authorized to make such rules and regulations, to hold such hearings, and to issue such certificates as the provisions of §§ 39-13-1 — 39-13-6 and §§ 39-13-10 — 39-13-16 may require.
History of Section. P.L. 1922, ch. 2221, § 11; G.L. 1923, ch. 254, § 11; G.L. 1938, ch. 125, § 11; G.L. 1956, § 39-13-14.
Any person or the officers of any association or corporation, who shall violate any of the provisions of this chapter or any order, rule, or regulation adopted or established by the division under the provisions of this chapter, shall be fined not more than one hundred dollars ($100) or imprisoned not more than sixty (60) days, or both.
History of Section. P.L. 1922, ch. 2221, § 10; G.L. 1923, ch. 254, § 10; G.L. 1938, ch. 125, § 10; G.L. 1956, § 39-13-15.
Each section of this chapter and every part of each section are hereby declared to be independent sections; and the holding of any section or sections, or part or parts thereof, to be void, ineffective, or unconstitutional for any cause, shall not be deemed to affect any other section or part thereof.
History of Section. P.L. 1922, ch. 2221, § 13; G.L. 1923, ch. 254, § 12; G.L. 1938, ch. 125, § 12; G.L. 1956, § 39-13-16.
Every person, firm, or corporation engaged in the business of public passenger transportation in the state of Rhode Island shall be and remain exempt from gasoline and diesel engine fuel taxes for such fuel as is consumed by its public passenger buses used exclusively in its public passenger transportation system, as distinguished from buses used for charter, contract, lease, or school transportation service, and shall be and remain exempt from the motor vehicle registration fees for each public passenger bus used exclusively in its public passenger transportation system as distinguished from buses used for charter, contract, lease, or school transportation service, as provided in § 31-6-1, as amended, in excess of twenty-five dollars ($25.00).
History of Section. P.L. 1964, ch. 166, § 1.
As used in this chapter:
(1) “Motor carrier” means a contract carrier, a common carrier, or a private carrier of property or passengers by motor vehicle.
(2) “Motor carrier transportation contract” means a contract, agreement, or understanding covering:
(i) The transportation of property for compensation by a motor carrier or a service incidental thereof;
(ii) Entrance on property by a motor carrier for the purposes of loading, unloading, or transporting property for compensation or a service incidental thereof; or
(iii) A service incidental to an activity described in subsections (2)(i) and (2)(ii).
(3) “Promisee” means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with the promisee, and the motor carrier’s agents, employees, servants, or independent contractors directly responsible to the motor carrier.
History of Section. P.L. 2018, ch. 83, § 1; P.L. 2018, ch. 89, § 1.
(a) Notwithstanding the provisions of chapters 12 and 13 of this title, or any general or public law to the contrary, any provision, clause, covenant, or agreement contained in a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, an indemnitee from or against any liability for loss or damage resulting from the indemnitee’s negligence or intentional acts or omissions shall be void and unenforceable.
(b) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
History of Section. P.L. 2018, ch. 83, § 1; P.L. 2018, ch. 89, § 1.
This chapter shall apply to motor carrier transportation contracts entered into or renewed on or after the effective date of this chapter [June 28, 2018].
History of Section. P.L. 2018, ch. 83, § 1; P.L. 2018, ch. 89, § 1.
Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) “Certificate” means a certificate of public convenience and necessity issued to a common carrier.
(2) “Common carrier” means any person who holds himself, herself, or itself out to the general public as engaging in the transportation by motor vehicle of passengers for compensation in a taxicab or in a limited public motor vehicle.
(3) “Driver” means any person operating a motor vehicle used for the transportation of passengers which he or she owns or is operating with the expressed or implied consent of the owner.
(4) “Limited public motor vehicle” means and includes every motor vehicle for hire, other than a jitney, as defined in § 39-13-1, or a taxicab, as defined in this chapter, equipped with a taximeter used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger.
(5) “Motor carrier” means a common carrier by motor vehicle.
(6) “Person” means and includes any individual, firm, partnership, corporation, company, association, joint stock association, or company, and his, her, or its lessee, trustee, receiver, assignee, or personal representative, and, where the context requires, “driver” as defined in this section.
(7) “Taxicab” means and includes every motor vehicle for hire, other than a jitney as defined in § 39-13-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call-and-demand basis, when the solicitation or acceptance of the passenger occurs within the location named in the certificate; provided, that the vehicle’s driver may, if and when solicited on a public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate.
(8) “Taximeter” means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is mechanically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both.
(9) “Wheelchair-accessible taxicab” means a taxicab designed and equipped to allow the transportation of a person(s) who uses a wheelchair without requiring that person(s) to be removed from the wheelchair, but the taxicab is not restricted to transporting only persons using wheelchairs.
History of Section. P.L. 1929, ch. 1423, § 1; P.L. 1930, ch. 1552, § 1; P.L. 1938, ch. 100, § 1; G.L. 1938, ch. 101, § 1; P.L. 1956, ch. 3829, § 1; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-1; P.L. 1965, ch. 193, § 1; P.L. 1969, ch. 240, § 16; P.L. 1997, ch. 326, § 116; P.L. 2007, ch. 163, § 1; P.L. 2007, ch. 266, § 1.
Every person owning or operating a motor vehicle engaged or to be engaged in operating a taxicab or limited public motor vehicle is declared a common carrier and subject as such to the jurisdiction of the division of public utilities and carriers. The division shall prescribe such rules and regulations as it shall deem proper to assure adequate, economical, safe, and efficient service at reasonable charges without unjust discrimination, undue preference or advantages, or unfair or destructive competitive practices. The division may require common carriers to prepare records and to preserve them, and to make such reports to it as shall disclose to the division the character of service rendered, the safety of equipment used, and the safety of operation, the character of the management and conduct of the common-carrier business, and its relation to and control of or by other carriers or other businesses. Upon complaint or upon his or her own initiative, the administrator may investigate or conduct a hearing as to compliance by any common carrier with the provisions of this title or regulations promulgated pursuant thereto, and shall issue orders as his or her findings shall indicate to be necessary or desirable for the public welfare. The findings of the administrator shall be reported in writing and copies thereof shall be furnished to the parties involved.
History of Section. P.L. 1930, ch. 1552, § 2; G.L. 1938, ch. 100, § 2; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-2; P.L. 1969, ch. 240, § 16.
Every taxicab or limited public motor vehicle shall file with the public utilities administrator current schedules that shall be open to public inspection, showing all rates, tolls, and charges it has established and that 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 taxicab or limited public motor vehicle 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 taxicab or limited public motor vehicle, open to the public in such form and place as to be readily accessible and conveniently inspected, 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 public inspection, shall be prepared and arranged.
History of Section. P.L. 1985, ch. 499, § 1.
(a) No change shall be made in the rates, tolls, and charges that have been filed and published by any taxicab or limited public motor vehicle in compliance with the requirements of § 39-14-2.1 except after thirty (30) days’ written notice to the administrator which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. A filing fee of fifty dollars ($50.00) shall accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues. Whenever the administrator receives notice of any change or changes proposed to be made in any schedule filed under the provisions of § 39-14-2.1, the administrator may hold a public hearing and make investigation as to the propriety of the proposed change or changes.
(b) After notice of any investigation, the administrator shall have power, by any order served upon the taxicab or limited public motor vehicle affected, to suspend the taking effect of any change or changes pending the decision thereof, but not for a longer period than five (5) months beyond the time when the change or changes would otherwise take effect; provided, however, that in the event that any hearing and/or investigation shall not have been completed at the expiration of the five-month (5) period, the administrator shall have power, by an order served upon the taxicab or limited public motor vehicle affected, to further suspend the taking effect of the change or changes pending the decision thereon, but not for a longer period than three (3) months beyond the expiration of the first mentioned five-month (5) period. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the administrator shall make such order in reference to any proposed rate, toll, or charge as may be proper.
(c) The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges upon notice less than that specified in this section, or may modify the requirements of this section with respect to the posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after a hearing, may establish from time to time such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs; the time and manner of filing thereof; the suspension of rates before the rates become effective; and bearing upon the validity of any filed or existing rate. No taxicab or limited public motor vehicle shall charge, demand, collect, or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time.
(d) In the event of an appeal from an order of the administrator in any hearing under this section, the order shall remain in full force and effect during the pendency of the appeal.
(e) The administrator shall implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
History of Section. P.L. 1985, ch. 499, § 1; P.L. 1992, ch. 133, art. 34, § 7; P.L. 1997, ch. 326, § 116; P.L. 2001, ch. 307, § 1; P.L. 2003, ch. 412, § 1.
No person, association, or corporation shall operate a taxicab or taxicabs or a limited public motor vehicle or vehicles in any city or town in the state until the person, association, or corporation shall have obtained a certificate from the division certifying that public convenience and necessity require the operation of a taxicab or taxicabs or a limited public motor vehicle or vehicles for transportation of passengers, the acceptance or solicitation of which originate only within the territory specified in the certificate. The certificate shall be issued only after written application for a certificate, accompanied by a fee of one hundred dollars ($100), has been made, and public hearing held thereon. All revenues received under this section shall be deposited as general revenues. The administrator of the division of motor vehicles shall not register any vehicle defined in this section unless the person, association, or corporation shall present evidence of certification pursuant to this section to the administrator.
History of Section. P.L. 1930, ch. 1552, § 3; G.L. 1938, ch. 100, § 3; P.L. 1940, ch. 823, § 1; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-3; P.L. 1960, ch. 71, art. 3, § 34; P.L. 1965, ch. 193, § 2; P.L. 1986, ch. 34, § 2; P.L. 1992, ch. 133, art. 34, § 7; P.L. 1995, ch. 370, art. 40, § 120; P.L. 1997, ch. 326, § 116.
Upon receipt of an application, the division shall, within a reasonable time, fix the time and place of the hearing on every application. Notice of the hearing shall be given by first-class mail to the applicant and shall be published in a newspaper with statewide distribution.
History of Section. P.L. 1930, ch. 1552, § 3; G.L. 1938, ch. 100, § 3; P.L. 1940, ch. 823, § 1; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-4; P.L. 1965, ch. 193, § 3; P.L. 1995, ch. 151, § 1.
A certificate shall be issued by the administrator, after a hearing, to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, orders, rules, and regulations of the administrator thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise the application shall be denied. Any certificate issued under this chapter shall specify the service to be rendered and, at the time of the issuance and from time to time thereafter, attached to the exercise of the privileges granted by the certificate, such reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require. Certificates issued under this chapter shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues.
History of Section. P.L. 1992, ch. 133, art. 34, § 8; P.L. 1995, ch. 370, art. 40, § 120.
Every taxicab and limited public motor vehicle engaged in the transportation of passengers for compensation over the highways of this state, subject to the provisions of this chapter, shall apply to the administrator for the issuance of a vehicle identification device for the registration and identification of vehicles. The application shall be accompanied by a filing fee in the amount of twenty dollars ($20.00) for each identification device for which an application is made. All revenues received under this section shall be deposited as general revenues. The identification device shall be furnished annually to every carrier whose duty it shall be to apply therefor. It shall be unlawful for any taxicab or limited public motor vehicle to be engaged in transporting passengers for compensation without the owner thereof having applied for and received the required identification device, unless the vehicle is exempted from the provisions of this chapter. Each identification device shall be accompanied by a registration card issued by the administrator which shall be in the possession of the vehicle’s driver, when the vehicle is operating. Transfers of the identification device from one vehicle to another are hereby prohibited unless authorized by the administrator. The administrator, in his or her discretion, may refuse to reissue the identification device to the holder of any certificate or permit pending any complaint or hearing upon the question of revocation or suspension or in which such question is involved. The administrator shall prescribe reasonable rules and regulations governing the registration and identification of motor vehicles authorized for operation under this chapter.
History of Section. P.L. 1992, ch. 133, art. 34, § 8; P.L. 1995, ch. 370, art. 40, § 120.
The business of operating any limited public motor vehicle actually established in any city or town on or before February 15, 1956, and in continuous operation from that date to the date of application, shall be presumed to be required by public convenience and necessity, and certificates for operation shall be issued as a matter of right without public hearing, the provisions of § 39-14-4 notwithstanding; provided, however, that the certificates shall be limited to the number of public service registrations in effect, or for which applications were on file in the division of motor vehicles on April 27, 1956, at five o’clock (5:00) p.m. Pending the issuance of the certificates by the division, the continued operation by the applicant shall be lawful.
History of Section. G.L. 1938, ch. 100, § 7; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-5; P.L. 1965, ch. 193, § 4.
The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all taxicabs or limited public motor vehicles, and shall cause an inspection thereof to be made before registering the taxicabs or limited public motor vehicles, and from time to time thereafter, as it shall deem necessary for the convenience, protection, and safety of passengers and of the public. A fee of one dollar ($1.00) shall be paid to the division of motor vehicles for each annual inspection and for each taxicab or limited public motor vehicle operator’s license hereafter issued by the division.
History of Section. P.L. 1930, ch. 1552, § 5; G.L. 1938, ch. 100, § 5; impl. am. P.L. 1939, ch. 660, § 22; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-6.
The owner or operator of each taxicab or limited public motor vehicle subject to the provisions of §§ 39-14-3 and 39-14-4, shall display, in a conspicuous place therein, a memorandum issued by the division of the certificate provided for in this chapter.
History of Section. P.L. 1930, ch. 1552, § 4; G.L. 1938, ch. 100, § 4; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-7; P.L. 1997, ch. 326, § 116.
A limited public motor vehicle may only be operated from private property if the property is owned by the owner of the vehicle or is used exclusively for the purpose of transportation of passengers for hire and is leased by the owner of the vehicle; but no vehicle shall be operated from any taxicab stand on any public highway; nor shall the operator thereof transport any passenger for hire unless the transportation is requested by the passenger at an office of the owner of the vehicle, either personally or by telephone.
History of Section. G.L. 1938, ch. 100, § 1; P.L. 1956, ch. 3829, § 1; G.L. 1938, ch. 101, § 1; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-8.
Every person proposing to enter into a contract, agreement, arrangement, or understanding, whereby the owner of a taxicab or limited public motor vehicle leases or otherwise lets a taxicab or limited public motor vehicle to an operator, shall file with the administrator, in the form to be provided by him or her, an application for approval of the agreement. The division shall, upon written application setting forth the purpose, terms, and conditions of the lease agreement, after investigation, approve or deny the request. The lease agreement shall be approved by the administrator if, after investigation, the applicant operator is found to be fit, willing, and able to perform the authorized service and to conform to the provisions of this chapter and the requirements, orders, rules, and regulations of the administrator thereunder.
History of Section. P.L. 1930, ch. 1552, § 9; G.L. 1938, ch. 100, § 9; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-9; P.L. 1978, ch. 396, § 1; P.L. 2015, ch. 215, § 1; P.L. 2015, ch. 234, § 1.
[Repealed]
History of Section. P.L. 1930, ch. 1552, § 3; G.L. 1938, ch. 100, § 3; P.L. 1940, ch. 823, § 1; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-10; P.L. 1965, ch. 193, § 5; Repealed by P.L. 1980, ch. 131, § 1.
(a) Any person or the officers of any association or corporation who shall violate any provision of §§ 39-14-1 — 39-14-17, 39-14-20(b), 39-14-25 and 39-14-26, or any order, rule, or regulation adopted or established under any provision, shall be fined not more than one hundred dollars ($100) or imprisoned not more than sixty (60) days or both, and his or her certificate may be revoked, and the violation shall be a separate and distinct offense for each day during which it shall continue.
(b) The administrator may, in his or her discretion, in addition to seeking criminal sanctions, impose upon its regulated taxicabs and limited public motor vehicles an administrative civil penalty (fine) in addition to revoking or suspending the taxicab’s and limited public motor vehicle’s operating authority as conferred under this chapter. The fine shall not exceed one thousand dollars ($1,000) per each violation of the sections contained in this chapter or the division’s orders, rules, and regulations issued and promulgated thereunder.
History of Section. P.L. 1930, ch. 1552, § 6; G.L. 1938, ch. 100, § 6; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-11; P.L. 1980, ch. 131, § 3; P.L. 2000, ch. 203, § 1; P.L. 2003, ch. 423, § 1.
The division is authorized to make such rules and regulations, to hold hearings, and issue certificates as may be required under the provisions of §§ 39-14-1 — 39-14-14 and §§ 39-14-25 and 39-14-26.
History of Section. P.L. 1930, ch. 1552, § 8; G.L. 1938, ch. 100, § 8; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-12; P.L. 1980, ch. 131, § 3.
[Repealed]
History of Section. P.L. 1930, ch. 1552, § 10; G.L. 1938, ch. 100, § 10; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-13; P.L. 1965, ch. 193, § 6; Repealed by P.L. 1969, ch. 240, § 18.
The provisions of §§ 39-14-1 — 39-14-14 are hereby declared to be supplementary and in addition to the provisions of other chapters of this title, and of title 31, and of §§ 39-14-15 — 39-14-23. The cities and towns may continue to exercise by ordinance all lawful authority heretofore exercised by them, not inconsistent with the express provisions of this chapter.
History of Section. P.L. 1930, ch. 1552, § 11; G.L. 1938, ch. 100, § 11; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-14.
(a) Every motor vehicle used in the transportation of passengers for compensation in a taxicab service over the publicly used highways of this state shall be equipped with a taximeter. Any motor carrier or operator who shall knowingly and willfully cause a motor vehicle to be operated as a taxicab that is not equipped with a taximeter, or when so equipped the taximeter is not in a recording position for the purpose of registering charges at the time the service is rendered, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed twenty-five dollars ($25.00) for the first offense; and, upon conviction for a second offense, shall be fined not to exceed fifty dollars ($50.00) and shall have his or her certificate suspended for a period not to exceed thirty (30) days; and, upon conviction for a third offense, shall be fined not to exceed one hundred dollars ($100) and shall have his or her certificate suspended for a period not to exceed one hundred eighty (180) days.
(b) A certificate holder authorized to provide taxicab services is not required to utilize the vehicle’s taximeter for registering charges when the transportation services are being coordinated by, and paid for by, a state department, authority, or agency on behalf of clients of the state department, authority, or agency, provided, the alternative method for registering or calculating charges is approved by the division.
History of Section. P.L. 1973, ch. 201, § 1; P.L. 2014, ch. 252, § 1; P.L. 2014, ch. 306, § 1.
The operator of every taxicab or limited public motor vehicle shall have a recent and distinct photograph of himself or herself at least two and one-half inches (2½″) wide and four inches (4″) high, together with his or her full name and address, posted in a conspicuous place in the taxicab or limited public motor vehicle operated by him or her.
History of Section. P.L. 1929, ch. 1423, § 2; G.L. 1938, ch. 101, § 2; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-15.
The owner of every taxicab or limited public motor vehicle shall post in a conspicuous place, in each of the taxicabs or limited public motor vehicles owned by him or her, a schedule of the fares to be collected from the passengers therein, and the schedule shall be so written and arranged that the passengers can readily determine the exact fare payable by them, and it shall be unlawful to collect any fare otherwise than as appearing on and determinable from the schedule.
History of Section. P.L. 1929, ch. 1423, § 3; G.L. 1938, ch. 101, § 3; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-16.
The full name of the owner of every taxicab or limited public motor vehicle shall be displayed on each side of the rear doors of the taxicab or limited public motor vehicle in letters at least two inches (2") high and whenever any taxicab or limited public motor vehicle shall be used or operated upon any public highway of this state with the consent of the owner, express or implied, or under any agreement with the owner, express or implied, the operator thereof, if other than the owner, shall, in case of accident, be deemed to be the agent of the owner.
History of Section. P.L. 1929, ch. 1423, § 5; G.L. 1938, ch. 101, § 5; G.L. 1938, ch. 101, § 4; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-17.
The owner of every taxicab or limited public motor vehicle shall, before operating or continuing to operate a taxicab or limited public motor vehicle on the public highways of this state, furnish to the division of public utilities and carriers, a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring him or her against liability for injury to persons and damage to property that may be caused by the operation of the taxicab or limited public motor vehicle, such policy to provide for indemnity in the sum of not less than three hundred thousand dollars ($300,000) combined, single limit, or two hundred fifty thousand dollars ($250,000) per person, five hundred thousand dollars ($500,000) per accident bodily injury and one hundred thousand dollars ($100,000) property damage split limit.
History of Section. P.L. 1929, ch. 1423, § 6; G.L. 1938, ch. 101, § 6; impl. am. P.L. 1939, ch. 660, § 22; G.L. 1938, ch. 101, § 5; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-18; P.L. 1968, ch. 118, § 1; P.L. 1976, ch. 140, § 18; P.L. 1981, ch. 194, § 1; P.L. 1997, ch. 326, § 116; P.L. 2006, ch. 579, § 1.
No owner of a taxicab or limited public motor vehicle, who shall have complied with the requirements of § 39-14-18, shall be required to furnish evidence of financial responsibility under any other provision of law with respect to the taxicab or limited public motor vehicle.
History of Section. P.L. 1930, ch. 1552, § 12; G.L. 1938, ch. 100, § 12; P.L. 1956, ch. 3829, § 1; G.L. 1956, § 39-14-19.
(a) No person shall operate a taxicab or limited public motor vehicle upon the public highways until the person shall have first obtained an operator’s license as provided for in chapter 10 of title 31.
(b) Further, no person shall operate a taxicab or limited public motor vehicle upon the highways until the person shall have first obtained a special license from the division of public utilities and carriers under such rules and regulations as the division of public utilities and carriers shall require.
History of Section. P.L. 1929, ch. 1423, § 7; G.L. 1938, ch. 101, § 7; impl. am. P.L. 1939, ch. 660, § 22; G.L. 1938, ch. 101, § 6; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-20; P.L. 2003, ch. 423, § 1.
Any person, firm, or corporation violating any of the provisions of §§ 39-14-18 — 39-14-20(a) shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each violation.
History of Section. P.L. 1929, ch. 1423, § 9; G.L. 1938, ch. 101, § 9; G.L. 1938, ch. 101, § 8; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-21; P.L. 2003, ch. 423, § 1.
The administrator of the division of motor vehicles shall enforce the provisions of §§ 39-14-18, 39-14-19, 39-14-20(a), and 39-14-21.
History of Section. P.L. 1935, ch. 2250, § 75; G.L. 1938, ch. 101, § 10; G.L. 1938, ch. 101, § 9; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-22; P.L. 2003, ch. 423, § 1; P.L. 2020, ch. 79, art. 1, § 7.
The provisions of this chapter shall not apply to any citizen of the town of New Shoreham owning or operating a taxicab or limited public motor vehicle in the town of New Shoreham.
History of Section. P.L. 1929, ch. 1423, § 8; P.L. 1931, ch. 1716; G.L. 1938, ch. 101, § 8; G.L. 1938, ch. 101, § 7; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-23; P.L. 1994, ch. 367 § 1; P.L. 1995, ch. 318, § 1.
Each section of this chapter and each part of each section is hereby declared to be an independent section, and the holding of any section or sections or part or parts thereof to be void, ineffective, or unconstitutional, for any cause, shall not be deemed to affect any other section or part thereof.
History of Section. P.L. 1930, ch. 1552, § 13; G.L. 1938, ch. 100, § 13; P.L. 1956, ch. 3829, § 1; G.L. 1938, ch. 101, § 9; P.L. 1956, ch. 3830, § 1; G.L. 1956, § 39-14-24.
No certificate shall be sold or transferred until the administrator, upon written application setting forth the purposes, terms, and conditions of the sale or transfer, shall, after a hearing, approve the application. The application shall be accompanied by a fee of two hundred and fifty dollars ($250). All revenues received under this section shall be deposited as general revenues. A proposed transfer of a certificate shall be approved only if the administrator finds the transferee to be fit, willing, and able, financially and otherwise, to render the service described and authorized in the certificate; further, the administrator shall only reissue and transfer a certificate upon evidence that the transferor of the certificate has, during the six-month (6) period immediately prior to receipt of the transfer application, or during the six-month (6) period immediately preceding the filing of a petition for bankruptcy, whether voluntary or involuntary, or the institution of a petition for receivership, wherein the certificates are assets of the bankruptcy or receivership, been rendering the service authorized by the certificate.
History of Section. P.L. 1980, ch. 131, § 2; P.L. 1986, ch. 34, § 2; P.L. 1992, ch. 133, art. 34, § 7; P.L. 1995, ch. 370, art. 40, § 120; P.L. 2007, ch. 73, art. 26, § 4; P.L. 2007, ch. 485, § 4.
Any taxi or limited public motor vehicle certificate holder who, during any period of not less than one hundred eighty (180) consecutive days, has failed to render any part of the service authorized by his or her certificate, except for reasonable cause, including bankruptcy, receivership, or other trustee proceedings, shall be deemed to have abandoned that part of the service; and if, after a hearing, the administrator finds the certificate holder has failed to render service in accordance with the certificate, his or her rights thereto to the extent of his or her failure to render service shall be revoked. The administrator may, for sufficient cause shown after a public hearing, amend, suspend, or revoke any certificate issued under this chapter.
History of Section. P.L. 1980, ch. 131, § 2; P.L. 1997, ch. 326, § 116; P.L. 2013, ch. 306, § 1; P.L. 2013, ch. 377, § 1.
The following provisions shall govern the operation of taxicabs used to transport passengers, notwithstanding any regulations to the contrary:
(1) Except as provided in subsection (3) of this section, no taxicab shall operate beyond an odometer reading of three hundred thousand (300,000) miles or ten (10) model years, whichever is the first to occur.
(2) Except as provided in subsection (3) of this section, no motor vehicle shall initially be put in service as a taxicab if the vehicle is more than eight (8) model years old.
(3) An exception may be granted to subsections (1) and (2) of this section in cases involving vehicles in extraordinary condition. The certificate holder may petition the administrator of the division of public utilities and carriers (the “administrator”) for an exemption from the prohibitions provided in subsections (1) and (2) of this section. In order to be granted an exemption, the petitioner shall demonstrate, to the satisfaction of the administrator, that the vehicle to be used as a taxicab would be as acceptable to the public as the newer taxicabs mandated under the rules and regulations of the division of public utilities and carriers; that the vehicle has few, if any, of the interior and exterior wear signs concomitant with vehicles of that older vintage; and that the vehicle appears and functions in relatively “original” condition.
History of Section. P.L. 2024, ch. 149, § 1, effective June 17, 2024; P.L. 2024, ch. 151, § 1, effective June 17, 2024.
Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) “Certificate” means a certificate of operating authority issued to a public motor vehicle.
(2) “Charter carrier” means a provider of transportation services to groups such as: lodges, bands, athletic teams, schools, or other travel groups, assembled by someone other than the carrier who or that collectively contracts for the exclusive use of certain equipment for the duration of a particular trip or tour. Charter carrier services shall also include transportation services provided by employment agencies or employers to individuals in the context of providing transportation to and from their place of employment.
(3) “Common carrier,” as used in this chapter, means any person engaging in the business of providing transportation services for compensation to passengers through the use of a public motor vehicle as defined in this chapter.
(4) “Division” means the division of public utilities and carriers.
(5) “Driver” means any person operating a motor vehicle used for the transportation of passengers that he or she owns or is operating with the expressed or implied consent of the owner.
(6) “Person” means and includes any individual, partnership, corporation, or other association of individuals.
(7) “Public motor vehicle” means and includes every motor vehicle for hire, other than a jitney, as defined in § 39-13-1, or a taxicab or limited public motor vehicle, as defined in § 39-14-1, used for transporting members of the general public for compensation in unmarked vehicles at a predetermined or prearranged charge to such points as may be directed by the passenger. All vehicles operated under this chapter shall conform to specifications established by the division. Transportation services provided by charter carriers, as defined in this chapter, or by funeral homes, in association with funeral services, and by ambulance companies shall be exempt from this chapter.
(8) “Unmarked vehicles” means motor vehicles that do not display the transportation company’s name, address, or telephone number, or any advertisements or commercial information beyond that included by the vehicle’s manufacturer on the vehicle’s exterior surfaces; provided, however, that public motor vehicles that display markings identifying them as service or courtesy vehicles used by licensed healthcare facilities, assisted-living residences, and adult daycare programs, licensed by the Rhode Island department of health, pursuant to chapters 17 and 17.4 of title 23 and § 23-1-52, respectively, shall be permitted to operate with such markings; provided the vehicles are registered to these licensed entities; operated by employees of these licensed entities; and that the service provided with these vehicles, when being used as public motor vehicles, is limited to transportation services provided to passengers receiving transportation services through a program funded by the federal government and/or the state of Rhode Island; provided, further, that public motor vehicles providing transportation services under a program funded by the federal government and/or the state of Rhode Island may display temporary and easily removable markings (e.g., magnetic placards) on their vehicles, for the sole purpose of identifying the vehicles as authorized transportation service vehicles operating in association with the publicly funded program.
(9) “Wheelchair-accessible public motor vehicle” means a public motor vehicle designed and equipped to allow the transportation of a person(s) who uses a wheelchair without requiring that person(s) to be removed from the wheelchair, but the public motor vehicle is not restricted to transporting only persons using wheelchairs.
History of Section. P.L. 2002, ch. 182, § 1; P.L. 2007, ch. 163, § 2; P.L. 2007, ch. 266, § 2; P.L. 2012, ch. 312, § 1; P.L. 2012, ch. 334, § 1; P.L. 2015, ch. 216, § 1; P.L. 2015, ch. 233, § 1.
Every person owning or operating a motor vehicle engaged as a public motor vehicle is declared a common carrier and subject to the jurisdiction of the division of public utilities and carriers. The division may prescribe any rules and regulations that it deems proper to ensure adequate, economical, safe, and efficient service. Charter carriers, as defined in this chapter, shall be exempted from the provisions of this chapter.
History of Section. P.L. 2002, ch. 182, § 1.
No person shall operate a public motor vehicle in any city or town in the state until the person shall have obtained a certificate from the division certifying that the applicant is fit, willing, and able to provide the services as a public motor vehicle in the transportation of passengers. The certificate shall be issued only after written application for it, accompanied by a fee of two hundred fifty dollars ($250), and after a public hearing has been conducted on it. All revenues under this section shall be deposited as general revenues. Certificates issued under this chapter shall be renewed before the close of business on December 31, of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues.
History of Section. P.L. 2002, ch. 182, § 1.
Upon receipt of an application, the division shall, within a reasonable time, fix the time and place for the hearing. Notice of the hearing shall be given by first-class mail to the applicant and shall be published in a newspaper with statewide distribution.
History of Section. P.L. 2002, ch. 182, § 1.
The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all public motor vehicles and shall cause an inspection of it to be made before registering it, and from time to time thereafter, as it shall deem necessary for the convenience, protection, and safety of passengers and of the public. A fee of twenty-five dollars ($25.00) shall be paid to the division of motor vehicles for each annual inspection.
History of Section. P.L. 2002, ch. 182, § 1.
No public motor vehicle shall be operated from any taxicab stand on any public highway; nor shall the operator of it transport any passenger for hire unless the transportation is requested by the passenger at an office of the owner of the vehicle, either personally or by telephone and/or other electronic means. When solicited by a prospective customer, the certificate holder or its representative shall quote what the actual charge for the requested transportation service will be prior to picking up the passenger(s).
The division shall establish and set a minimum allowable charge for public motor vehicle services. The minimum allowable charge provisions of this section shall not apply to public motor vehicle service coordinated by, or paid for by, a state department, authority, or agency on behalf of clients of the state department, authority, or agency; provided, however, that the state department, authority, or agency requests the service no later than the day before the service is to be rendered. This exemption shall also apply in cases where the state has contracted with a private company to coordinate the scheduling and provision of such transportation services, provided the funding for such transportation services comes exclusively through a program funded by the federal government and/or the state of Rhode Island.
History of Section. P.L. 2002, ch. 182, § 1; P.L. 2012, ch. 312, § 1; P.L. 2012, ch. 334, § 1; P.L. 2015, ch. 216, § 1; P.L. 2015, ch. 233, § 1.
The owner of any public motor vehicle, operating under this section, shall file with the division of public utilities and carriers a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring the public motor vehicle company against liability for injury to persons and damage to property that may be caused by the operation of the public motor vehicle, this policy to provide for the indemnity in the sum of not less than one million five hundred thousand dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand dollars ($100,000) for damage to property.
History of Section. P.L. 2002, ch. 182, § 1.
No person shall operate a public motor vehicle upon the public highways until the person shall have first obtained an operator’s license as provided for in chapter 10 of title 31. Further, no person shall operate a public motor vehicle upon the highways until the person shall have first obtained a special license from the division of public utilities and carriers under any rules and regulations that the division of public utilities and carriers shall require.
History of Section. P.L. 2002, ch. 182, § 1.
(a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any act prohibited by this chapter, or who shall be guilty of any violation of this chapter or the rules and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one year, or both for each offense.
(b) The administrator may, in his or her discretion, in lieu of seeking criminal sanctions, and/or in lieu of revoking or suspending the carrier’s operating authority as conferred under this chapter, impose upon its regulated common carriers an administrative civil penalty (fine). This fine shall not exceed one thousand dollars ($1,000) per each violation of the sections contained in this chapter or the division’s rules and regulations promulgated under it.
History of Section. P.L. 2002, ch. 182, § 1.
The business of operating any public motor vehicle not subject to regulation shall now be subject to the provisions of this chapter. However, businesses that have been providing continuous transportation services akin to the public motor vehicle services defined and described in this chapter since January 1, 2002, shall have ninety (90) days from the passage of this legislation to file a relevant application with the division. These businesses may continue to operate without a certificate during the ninety-day (90) period mentioned above and through the period of time required by the division to issue a final decision on the application.
History of Section. P.L. 2002, ch. 182, § 1.
Terms in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) “Active TNC driver” means a TNC driver who has provided at least one prearranged ride through the TNC in the preceding ninety (90) days.
(2) “Administrator” means the administrator of the division of public utilities and carriers.
(3) “Digital network” means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rider transportation with transportation network company drivers.
(4) “Division” means the division of public utilities and carriers.
(5) “Partner” or “partnering” means the act of a TNC operator agreeing to the terms and conditions set forth by a TNC for access to the TNC’s digital network for the purpose of being connected to potential TNC riders seeking TNC services.
(6) “Person” means and includes any individual, partnership, corporation, or other association of individuals.
(7) “Personal vehicle” means a vehicle that is used by a transportation network company driver and is:
(i) Designed to hold no more than seven (7) individuals, including the driver;
(ii) Owned, leased, or otherwise authorized for use by the individual; and
(iii) Not a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; or a common carrier as defined in this title.
(8) “Transportation network company” or “TNC” means an entity licensed by the division pursuant to this chapter that uses a digital network to connect transportation network company riders to transportation network operators who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
(9) “Transportation network company affiliation placard” or “TNC affiliation placard” means a recognizable logo or decal issued by the TNC used to identify personal vehicles whenever the vehicle is available to provide, or is providing, TNC services.
(10) “Transportation network company operator” or “TNC operator” or “TNC driver” means an individual who:
(i) Receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(ii) Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee.
(11) “Transportation network company rider” or “TNC rider” means a person who uses a transportation network company’s digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver’s personal vehicle between points chosen by the rider.
(12) “Transportation network company services” or “prearranged ride” means the provision of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts a TNC rider’s request for a ride made only through a digital network controlled by a transportation network company (TNC), continuing while the TNC driver transports the requesting TNC rider(s), and ending when the last requesting TNC rider(s) departs from the personal vehicle. TNC services and prearranged rides do not include transportation provided using a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; a common carrier as defined in this title; or a regional transportation provider. TNC services and prearranged rides do not include a shared-expense carpool or vanpool arrangement or service.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1; P.L. 2020, ch. 79, art. 1, § 8.
(a) TNCs or TNC drivers are not common carriers, as defined in this title; jitneys, as defined in § 39-13-1; taxicabs or limited public motor vehicles, as defined in § 39-14-1; or public motor vehicles, as defined in § 39-14.1-1.
(b) A TNC driver shall not be required to register the vehicle the driver uses for prearranged rides as a commercial or for-hire vehicle.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) Every person operating a licensed transportation network company or operating as a licensed transportation network company operator is declared to be subject to the jurisdiction of the division of public utilities and carriers. The division may prescribe rules and regulations consistent with this chapter that are necessary to ensure adequate, safe, and compliant service under this chapter. The division is further authorized to conduct investigations into complaints; conduct investigations initiated on its own; and to hold hearings as it deems necessary to fulfill the proper administration of this chapter.
(b) The division shall require transportation network companies to establish and implement a written policy capping dynamic pricing during disasters and relevant states of emergency and make this policy available on its website or application.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) For the sole purpose of verifying that a TNC is in compliance with the requirements of this chapter and no more often than annually, the division shall have the right to visually inspect a sample of records that the TNC is required to maintain. The sample shall be chosen randomly by the division in a manner agreeable to both parties. The audit shall take place at a mutually agreed upon location in Rhode Island. Any record furnished to the division may exclude information that would tend to identify specific drivers or riders.
(b) In addition to the provisions of subsection (a), in response to a specific complaint against any TNC driver, or upon reasonable suspicion that a violation of this chapter has occurred, the division is authorized to inspect records held by the TNC that are necessary to investigate and resolve the complaint. Any record furnished to the division may exclude information that would tend to identify specific drivers or riders, unless the identity of a driver or rider is relevant to the complaint.
(c) Any records inspected by the division under this chapter shall be held confidential by the division and are not subject to disclosure to a third party by the division without prior written consent of the TNC, and are exempt from disclosure under the Rhode Island Access to Public Records Act, chapter 2 of title 38. Nothing in this section shall be construed as limiting the applicability of any other exemptions under the Rhode Island Access to Public Records Act, chapter 2 of title 38.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1; P.L. 2020, ch. 79, art. 1, § 8.
(a) No person shall operate a TNC in the state until that person shall have applied for and obtained a permit from the division; provided, that any transportation network company operating in the state before the effective date of this chapter [Nov. 3, 2016] may continue to operate in the state until the division creates a permit process as required pursuant to this section, and provides a reasonable period in which to apply and obtain a permit.
(b) No application for a permit may be granted or renewed unless the division determines that, at a minimum, each applicant for a permit has verified the following:
(1) That the applicant has a sufficient oversight process in place to ensure that every vehicle providing transportation network services through its digital network possesses adequate insurance coverage;
(2) That the applicant has submitted to the division information on the internal or third-party background check entity and its data-collection process to ensure compliance with the requirements established in § 39-14.2-7(b) and (c). The required information and the process for submitting such information shall be established through regulations promulgated by the division;
(3) That the applicant has sufficient oversight processes in place to ensure that each TNC driver using the applicant’s digital network:
(i) Has submitted to a background check conducted by the applicant that includes a review of local and national criminal records, sex offender records, and driving records associated with each driver; and
(ii) Submitted the application requirement of § 39-14.2-7(b)(1).
(c) The application fee and annual renewal fee shall be five thousand dollars ($5,000) for a TNC with fewer than 50 active TNC drivers; ten thousand dollars ($10,000) for a TNC with at least 50, but fewer than 200, active TNC drivers; and thirty thousand dollars ($30,000) for a TNC with at least 200 active TNC drivers at the time of application or permit renewal and only after the division satisfactorily determines that the applicant meets the requirements for a TNC set forth in this chapter, and as set forth in any rules or regulations promulgated in accordance with § 39-14.2-3.
(d) All permits issued under this section shall be renewed before the close of business on December 31 of each calendar year. All revenue collected under this section shall be deposited into the transportation network services reserve account as provided in § 39-14.2-6.
(e) Permits issued under this chapter shall not be transferred without the consent of the division.
(f) The sale or other transfer of a controlling percentage of the capital stock or membership interests of a TNC, whether by merger, stock sale, or otherwise, or the sale or transfer of more than fifty percent (50%) of the value of the assets of a TNC, shall be deemed a change of control, not a transfer, and shall not be subject to the restrictions in subsection (d). The phrase “controlling percentage” means the ownership of, and the right to vote, stock or interests possessing more than fifty percent (50%) of the total, combined voting power of all classes of TNC’s capital stock or interests issued, outstanding, and entitled to vote for the election of directors.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
There is hereby created a fund to be known as the transportation network services administration reserve account, a restricted-use account within the division of public utilities and carriers. The account, hereinafter referred to as the “fund,” shall be used for the purpose of providing the financial means for the division to fulfill its regulatory oversight of this chapter; enforcing relevant sections of this chapter; and any other administrative expense deemed necessary by the administrator.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) No individual shall provide TNC services or transport TNC riders in a personal vehicle until the individual shall have first submitted to required, periodic background checks conducted through the TNC in accordance with subsection (b).
(b) Prior to permitting an individual to accept trip requests through its digital network, a TNC shall:
(1) Require the individual to submit an application to the TNC. The application shall include the individual’s name; address; age; driver’s license number; photocopy or electronic copy of the driver’s license; motor-vehicle registration for the personal vehicle that the individual intends to use to provide prearranged rides; automobile liability insurance; and other information as may be required by the TNC;
(2) Conduct, or have a third party accredited by the National Association of Professional Background Screeners conduct, a local and national criminal background check for each applicant that shall include:
(i) A multistate/multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(ii) The Dru Sjodin National Sex Offender Public Website; and
(3) Obtain and review, or have a third party obtain and review, a driving history research report for such driving applicant.
(c) The TNC shall certify that the required background checks verify that the applicant meets the following criteria:
(1) Has not had more than three (3) moving violations in the prior three-year (3) period, or one of the following major violations in the prior three-year (3) period:
(i) Attempting to evade the police;
(ii) Reckless driving;
(iii) Driving on a suspended license; or
(iv) Revoked license.
(2) Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to any of the following:
(i) Driving under the influence of drugs or alcohol;
(ii) Felony fraud;
(iii) Sexual offenses;
(iv) Use of a motor vehicle to commit a felony;
(v) Felony crimes involving property damage and/or theft; or
(vi) Acts of violence or felony acts of terror;
(3) Is not a match in the Dru Sjodin National Sex Offender Public Website;
(4) Possesses a valid driver’s license;
(5) Possesses proof of registration for the motor vehicle to be used to provide prearranged rides or TNC services;
(6) Possesses proof of automobile liability insurance, that satisfies the financial-responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A), for the motor vehicle(s) to be used to provide prearranged rides or TNC services; and
(7) Is at least nineteen (19) years of age.
(d) TNC operators may be affiliated with or may “partner” with more than one properly permitted transportation network company to provide TNC services.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1; P.L. 2020, ch. 79, art. 1, § 8.
TNC operators shall be strictly prohibited from soliciting or accepting so-called “street hails.”
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
TNC operators may utilize a personal vehicle to provide licensed TNC services, provided:
(1) The vehicle is owned by, leased to, or otherwise authorized by the legal owner/lessee to be used by a TNC operator to provide TNC services: and
(2) The vehicle is no older than fifteen (15) model years old and is designed to hold no more than seven (7) individuals, including the driver; and
(3) The vehicle meets the vehicle-safety inspection requirements for a private motor vehicle in Rhode Island, or the state in which the vehicle is registered, performed by a facility licensed by the state to conduct such inspections, and shall display an according inspection sticker on the vehicle’s windshield if required to do so by applicable law; and
(4) The vehicle shall have met or surpassed sanitary/acceptability standards established by the TNC with which the TNC operator has “partnered”; and
(5) It shall be prohibited for a TNC operator to connect to a TNC’s digital network for the purpose of accepting solicitations and providing TNC services in a personal vehicle other than a personal vehicle that the TNC operator has registered with the TNC pursuant to § 39-14.2-11.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
The TNC’s digital network shall display to passengers requesting TNC services a picture of the TNC driver and the license plate number of the vehicle to be used to provide the requested services before the passenger enters the TNC operator’s vehicle.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) No personal vehicle shall be utilized to provide TNC services until the TNC operator intending to utilize a personal vehicle to provide such TNC services has first registered the vehicle with the TNC and the owner has been issued by the TNC a transportation network affiliation placard.
(b) TNC operators shall be required to display the transportation network affiliation placard in a conspicuous place on the personal vehicle at all times when connected to a TNC’s digital network.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) On behalf of a TNC operator, a TNC may charge a fare for the transportation services provided to the passengers; provided that, if a fare is charged, the TNC shall disclose to the riders the fare or fare calculation method on its website or within the digital network.
(b) The TNC shall provide the potential rider with the option to receive a reasonably accurate estimate of the expected total fare before the passenger enters the TNC operator’s personal vehicle.
(c) Fares for TNC services shall not be paid in cash. Any payment for TNC services shall be made only electronically using the TNC’s digital network or other application.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) Within a reasonable period of time following the completion of a TNC service trip, a TNC shall transmit an electronic receipt to the rider that lists:
(1) The origin and destination of the trip;
(2) The total time and distance of the trip; and
(3) An itemization of the total fare paid, including any additional surcharges.
(b) A TNC shall be prohibited from disclosing a TNC rider’s personally identifiable information to a third party, unless:
(1) Disclosure is pursuant to the publicly disclosed terms of the TNC’s privacy policy or another consent mechanism to which the rider consents;
(2) Disclosure is required by a legal obligation; or
(3) Disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a TNC shall be permitted to share a rider’s name and/or telephone number with the TNC operator providing prearranged rides or TNC services to such passenger in order to facilitate correct identification of the rider by the TNC operator or to facilitate communication between those two (2) parties.
(c) A TNC rider shall be afforded all of the anti-discrimination protections provided in § 39-14.2-21.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) On or before ninety (90) days after the effective date of this chapter and thereafter, TNC drivers, or a TNC on the driver’s behalf, shall maintain primary automobile insurance that:
(1) Recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport riders for compensation and covers the driver:
(i) While the driver is logged on to the transportation network company’s digital network; or
(ii) While the driver is engaged in a prearranged ride or providing transportation network company services.
(b) The following automobile liability insurance requirements shall apply during the time a TNC driver is logged into the TNC’s digital network and available to receive requests for transportation but is not providing prearranged rides:
(1) Primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury per incident, and twenty-five thousand dollars ($25,000) for property damage.
(2) Uninsured and underinsured motorist coverage to the extent required by § 27-7-2.1.
(3) The coverage requirements of this subsection (b) may be satisfied by any of the following:
(i) Automobile insurance maintained by the TNC driver; or
(ii) Automobile insurance maintained by the TNC; or
(iii) Any combination of subsections (b)(3)(i) and (b)(3)(ii).
(c) The following automobile liability insurance requirements shall apply while a TNC driver is providing prearranged rides:
(1) Primary automobile liability insurance that provides at least one million five hundred thousand dollars ($1,500,000) for death, bodily injury, and property damage;
(2) Uninsured and underinsured motorist coverage to the extent required by § 27-7-2.1;
(3) The coverage requirements of this subsection (c) may be satisfied by any of the following:
(i) Automobile liability insurance maintained by the TNC driver; or
(ii) Automobile liability insurance maintained by the TNC; or
(iii) Any combination of subsections (c)(3)(i) and (c)(3)(ii).
(d) If insurance maintained by a TNC driver to fulfill the insurance requirements of subsections (b) and (c) of this section has lapsed or does not provide the required coverage, insurance maintained by a TNC shall provide the coverage required by this section beginning with the first dollar of a claim and the insurer shall have the duty to defend such claim.
(e) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.
(f) Insurance required by this section may be placed with an insurer licensed under § 27-2.4-1 et seq., or with a surplus lines insurer eligible under § 27-3-40 that has a credit rating of no less than “A-” from A.M. Best, or “A” from Demotech, or similar rating from another rating agency recognized by the Rhode Island insurance division.
(g) Insurance required by this section shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A).
(h) A TNC driver shall carry physical or electronic proof of coverage satisfying subsections (b) and (c) with him or her at all times during his or her use of a vehicle in connection with a TNC’s digital network. In the event of an accident, a TNC driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers, upon request pursuant to § 31-47-2(15). Upon such request, a TNC driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether they were logged on to the TNC’s digital network or providing prearranged rides at the time of an accident.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) The TNC shall disclose, in writing, to TNC drivers the following before they are allowed to accept a request for prearranged rides on the TNC’s digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with a TNC’s digital network; and
(2) That the TNC driver’s own automobile insurance policy might not provide any coverage while the driver is logged on to the TNC’s digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
(b) Insurers that write automobile liability insurance in Rhode Island may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to a TNC’s digital network or while a TNC driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
(1) Liability coverage for bodily injury and property damage;
(2) Uninsured and underinsured motorist coverage;
(3) Medical payments coverage;
(4) Comprehensive physical damage coverage;
(5) Collision physical damage coverage; and
(6) Personal injury protection.
Such exclusions shall apply notwithstanding any requirement under § 31-47-2(13)(i)(A). Nothing in this section shall be construed as to require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a TNC’s digital network or while a TNC driver provides a prearranged ride.
Nothing in this section shall be deemed to preclude an insurer from providing primary or excess coverage by contract or endorsement for the TNC driver’s personal vehicle while the TNC driver is logged on to a digital network or while the driver is engaged in a prearranged ride.
(c) Automobile insurers that exclude the coverage described in § 39-14.2-14(b) and (c) shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this chapter shall be deemed to invalidate or limit an exclusion contained in a policy including any policy in use or approved for use in Rhode Island prior to the enactment of this chapter that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy, shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of § 39-14.2-14(b) and (c) at the time of loss.
(d) In a claims coverage investigation, a TNC shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver, if applicable, the precise times that a transportation network company driver logged on and off of the TNC’s digital network in the twelve-hour (12) periods immediately preceding and immediately following the accident. Any insurer providing coverage under § 39-14.2-14(b) and (c) shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverage, exclusions, and limits provided under any automobile insurance maintained under § 39-14.2-14(b) and (c).
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
TNC drivers shall be independent contractors and not employees of the TNC if they are determined to meet federal and state law and regulation relating to independent contractors, including, but not limited to, 26 U.S.C. § 3401(a), 26 U.S.C. § 3402(a)(1), §§ 28-29-17.1 and 28-42-7, and the TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) The TNC shall implement a zero-tolerance policy regarding a TNC driver’s activities while accessing the TNC’s digital network. The zero-tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged into the TNC’s digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website or mobile application, as well as procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) TNCs shall provide notice on their website or digital network how a rider may report a complaint about a TNC operator who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of a recently completed prearranged trip.
(c) Upon receipt of such a rider complaint alleging a violation of the zero tolerance policy, the TNC shall suspend such TNC operator’s access to the digital network as soon as possible and shall conduct an investigation into the reported incident. The suspension of access shall last until the investigation is complete. The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a rider complaint is received by the TNC.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
All provisions of this chapter, with the exception of § 39-14.2-14, are hereby declared to be the sole jurisdiction of the division; § 39-14.2-14 is hereby declared to be the sole jurisdiction of the division and the department of business regulation. Cities, towns, and other local entities in the state are expressly prohibited from:
(1) Establishing any licensing or registration requirement or imposing any charge, fee, or tax on transportation network companies, transportation network company operators, or personal vehicles;
(2) Requiring a TNC driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction; or
(3) Subjecting transportation network companies to the city, town, or local entity’s rate, entry, operation, or other requirements; provided, however, that cities and towns may continue to impose excise taxes upon the legal owners of vehicles used to provide TNC services in a manner consistent with previous such taxation of private motor vehicles.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
Notwithstanding the provisions of § 39-14.2-18, the Rhode Island airport corporation, or any successor entity authorized to oversee and control the property of Rhode Island T.F. Green International Airport and any other state airport, shall have the authority to establish reasonable regulations governing transportation network company (TNC) operators offering TNC services on airport property through proper amendment of the corporation’s ground transportation rules or by entering into operating agreements with TNCs.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1; P.L. 2021, ch. 32, § 8, effective June 1, 2021; P.L. 2021, ch. 36, § 8, effective June 1, 2021.
(a) A TNC shall maintain individual trip records that detail the date, time, pick-up location, drop-off location, distance traveled, length of time of the trip, and total fare charged for every TNC service it coordinates in the state. Such records shall be maintained for a minimum of two (2) years from December 31 of the calendar year in which the services were rendered.
(b) A TNC shall maintain detailed, TNC-operator records that include the dates and times the operator “logs into” and “logs out of” the TNC’s digital network, the number of TNC service trips the operator performs through the TNC’s digital network, and the total miles driven and fares collected. Additionally, the TNC shall maintain records of all passenger complaints lodged against each TNC operator and the results of any investigation or actions taken as a result of such complaints. Such records shall be maintained for a minimum of two (2) years from December 31 of the calendar year in which the services were rendered.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) A transportation network company shall adopt a policy of nondiscrimination based on the rider’s race, color, national origin, religious belief or affiliation, gender, physical disability, age, sexual orientation/identity, gender identity, or the pick-up location or drop-off location requested by the rider. TNCs and TNC operators shall not impose any additional charge(s) for providing services in compliance with this section.
(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of the rider’s race, color, national origin, religious belief or affiliation, gender, physical disability, age, sexual orientation/identity, gender identity, or the pick-up location or drop-off location requested by the rider.
(c) TNC operators shall not deny or refuse service to any rider accompanied by a service animal, nor shall a TNC operator impose any additional charge for the transportation of any service animal accompanying a TNC rider. Service animals shall be allowed to accompany the TNC rider in the passenger compartment of the vehicle without any conditions or restrictions, so long as the animal does not impede the safe operation of the vehicle.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
(a) The administrator may impose civil sanctions upon any TNC or TNC operator subject to the applicable provisions of this chapter and/or any rules and regulations promulgated under it, who or that shall knowingly or willfully cause to be done any act prohibited by applicable sections of this chapter, or who or that shall be guilty of any violation of this chapter or the rules and regulations. The sanctions may include a civil penalty (fine) or the suspension or revocation of the TNC’s license.
(b) If the division finds that a TNC has failed to comply with the provisions of § 39-14.2-7, the division shall conduct an audit of an additional sample of TNC records as determined by the division.
(1) Upon a TNC’s first violation of § 39-14.2-7, the division shall fine the TNC five thousand dollars ($5,000). Upon any additional violations after a three-year (3) period during which the TNC has not violated § 39-14.2-7, the division shall fine the TNC seven thousand five hundred dollars ($7,500).
(2) Upon a TNC’s second violation of § 39-14.2-7 within three (3) years, the division shall fine the TNC ten thousand dollars ($10,000) and shall require the TNC to produce a remediation plan to meet the requirements of § 39-14.2-7.
(3) Upon a TNC’s third violation of § 39-14.2-7 within three (3) years, the division shall assume responsibility for implementing the provisions of § 39-14.2-7 on behalf of the TNC for at least six (6) months and until the TNC has provided a remediation plan and the division has determined that the TNC will successfully achieve full compliance with this chapter. At minimum, and subject to such other requirements as the division may establish by regulation, the division shall conduct required background checks for the TNC’s drivers. Any additional costs incurred by the division as a result of implementing this section shall be reimbursed by the TNC.
(c) Nothing in this section shall be construed to limit the division’s authority to fine TNCs or TNC drivers or suspend or revoke TNC licenses.
History of Section. P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.
Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) “Certificate” means a certificate of operating authority issued to a non-emergency medical transportation service provider.
(2) “Common carrier” means any person engaging in the business of providing for-hire non-emergency medical transportation services as defined in this chapter.
(3) “Division” means the division of public utilities and carriers.
(4) “Driver” means any person operating a motor vehicle used to provide non-emergency medical transportation services that the person owns or is operating with the expressed or implied consent of the vehicle owner.
(5) “EOHHS” means the Rhode Island executive office of health and human services.
(6) “Non-emergency medical transportation” or “NEMT” means the transportation program established to provide cost-effective NEMT services for individuals eligible for medical assistance under the Medicaid State Plan who need access to healthcare services and have no other means of transportation. The program is inclusive of the Elderly Transportation Program (ETP) and monthly bus pass distribution for the TANF (“RI Works”) program. It is a key benefit of Medicaid defined under 42 C.F.R. 457.1206 and is frequently coordinated by state agencies, departments, and authorities, including the executive office of health and human services and the RIde program administered by the Rhode Island public transit authority, and may be coordinated by a third-party scheduler contracted by such state agency, department, or authority. For the purposes of this chapter, the coordination of transportation by medical facilities when discharging patients/clients shall not be deemed NEMT.
(7) “Non-emergency medical vehicle” (“NEMT vehicle”) means a vehicle operated under the authority of a NEMT certificate holder in vehicles bearing “Public Service” registration plates issued by the department of motor vehicles.
(8) “Passenger” means an individual being transported by a certificated carrier in conformance with the provisions of this chapter.
(9) “Person” means and includes any individual, partnership, corporation, or other association of individuals.
(10) “Public motor vehicle” and “PMV” and “public motor vehicle certificate of operating authority” means the type of vehicle and operating certification process as defined in § 39-14.1-1.
(11) “RIPTA” means the Rhode Island public transit authority.
(12) “Special license” means a license, commonly referred to as a “hackney operator’s license,” issued by the division of public utilities and carriers authorizing drivers to transport passengers for compensation.
(13) “Taxicab” means every motor vehicle identified as such in § 39-14-1.
(14) “Third-party scheduler” means a vendor engaged by a state agency, department, or authority to schedule and coordinate transportation services for clients of the agency, department, or authority.
(15) “Vehicle” means a motor vehicle used to provide non-emergency medical transportation services as defined in this chapter.
(16) “Vehicle markings” means markings required to be affixed to the outside of vehicles identifying the vehicle as providing NEMT service.
(17) “Wheelchair-accessible vehicle” means a vehicle designed and equipped to allow the transportation of a passenger who uses a wheelchair without requiring that passenger to be removed from the wheelchair.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
Every person owning or operating a motor vehicle engaged in providing non-emergency medical transportation is declared a common carrier and subject to the jurisdiction of the division. The division may prescribe any rules and regulations that it deems proper to ensure adequate, economical, safe, and efficient service regulated under this chapter. Moreover, the executive office of health and human services shall determine reasonable vehicle standards to ensure NEMT vehicles are of satisfactory condition, age, and mileage to be used to transport NEMT passengers in a safe, sanitary, and acceptable manner.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
(a) No person shall operate a vehicle in the provision of non-emergency medical transportation in this state until the person shall have obtained an NEMT certificate of operating authority from the division certifying that the applicant is fit, willing, and able to provide such service to passengers. The certificate shall be issued only after submission to the division of a written application for it, accompanied by a fee of one hundred twenty-five dollars ($125), and after a public hearing has been conducted on the application. Certificates issued under this chapter shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues.
(b) Notwithstanding the provisions of subsection (a) of this section, the division shall have the authority to automatically grant such a certificate to any applicant who has previously held a public motor vehicle certificate, issued under § 39-14.1-3 (“PMV certificate”), and has utilized that certificate solely to provide non-emergency medical transportation prior to the establishment of this chapter. In such instances, the division may administratively convert such a PMV certificate to an NEMT certificate without the need for an additional application fee to be paid or an application hearing to be held. The division shall establish a mechanism for all such certificate conversion requests to be made no later than August 1, 2024. Nothing in this subsection shall be construed to mean that such converted certificates are exempt from the annual renewal process listed in subsection (a) of this section.
(c) Non-emergency medical transportation services provided by RIPTA and by licensed ambulance companies shall be exempt from this chapter.
(d) Taxicab companies certificated and authorized by the division under chapter 14 of this title shall be permitted to provide non-emergency medical transportation services without the need to apply for an NEMT certificate as required in subsection (a) of this section; provided, however, that taxicabs shall not provide services beyond the authority conferred through its division-issued certificate of public convenience and the requirements set forth in chapter 14 of this title.
(e) Transportation network companies authorized by the division under chapter 14.2 of this title shall be exempt from this chapter, provided, that non-emergency medical transportation conducted by such companies shall be provided in accordance with policies established by EOHHS.
(f) No for-hire transportation services authorized by the division under chapter 13 or 14.1 of this title shall be authorized to provide non-emergency medical transportation services, without first having obtained an NEMT certificate as required in subsection (a) of this section.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
Upon receipt of an application for new authority, the division shall, within a reasonable time, set the time and place for the required hearing. Notice of the hearing shall be given by first-class mail to the applicant and shall be published on the division’s agency website. Following the hearing, the administrator of the division shall issue a decision granting or denying the application as soon as practicable.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all vehicles utilized to provide non-emergency medical transportation and shall cause an inspection of it to be made before registering it, and from time to time thereafter, as it shall deem necessary for the convenience, protection, and safety of passengers and of the public. The division of motor vehicles shall establish a reasonable fee to be paid for each annual inspection. Moreover, the executive office of health and human services shall ensure that the vehicles are of satisfactory condition, age, and mileage to be used to transport NEMT passengers in a safe, sanitary, and acceptable manner.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
(a) Every vehicle engaged in non-emergency medical transportation shall be appropriately registered with the division of motor vehicles to be operated on the roadways of the state. Moreover, before being used to transport passengers, certificate holders shall register each vehicle with the division on a form that lists vehicle year, make, model, and license plate number.
(b) Every vehicle used to provide non-emergency medical transportation services shall bear markings on the outside of the vehicle identifying it as authorized to provide such services. Such markings shall make it clearly identifiable as an NEMT vehicle and shall list the NEMT certificate number issued by the division. The division shall, in conjunction with EOHHS and all other state agencies that contract for NEMT services on behalf of passengers, establish reasonable guidelines for such vehicle markings.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
No person shall operate an NEMT vehicle for compensation upon the public highways until the person shall have first obtained an operator’s license as provided for in chapter 10 of title 31. Provided, further, no person shall operate an NEMT vehicle upon the highways until the person shall have first obtained a special license from the division under any rules and regulations that the division shall have established in accordance with § 39-14-20 and § 39-14.1-8. Nothing in this section shall prohibit the executive office of health and human services from requiring additional vetting and/or training of NEMT drivers.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
The owner of any NEMT vehicle operating under this chapter shall file with the division a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring the NEMT certificate holder against liability for injury to person and damage to property that may be caused by the operation of the NEMT vehicle, which policy shall provide for the indemnity in the sum of not less than one million five hundred thousand dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand dollars ($100,000) for damage to property. Such proof of financial responsibility shall be resubmitted annually when the NEMT certificate is renewed in accordance with § 39-14.3-3(a).
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
(a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any act prohibited by this chapter, or who shall be guilty of any violation of this chapter or the rules and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one year, or both for each offense.
(b) The administrator of the division may, in their discretion, in lieu of seeking criminal sanctions, and/or in lieu of revoking or suspending the carrier’s operating authority as conferred under this chapter, impose upon its regulated common carriers an administrative civil penalty (“fine”). This fine shall not exceed one thousand dollars ($1,000) per violation under this chapter or the division’s rules and regulations promulgated under this chapter.
History of Section. P.L. 2024, ch. 259, § 2, effective August 1, 2024.
Whenever the electors of any town, qualified to vote upon questions of taxation or involving the expenditure of money, shall have voted, at a town meeting called for that purpose, to provide a water supply for the inhabitants of the town, or for some part thereof; or whenever any town shall enter or shall have entered into any contract with any person or corporation to furnish the town with a water supply (a contract which towns are hereby authorized to make), then the town, or the person or corporation bound to fulfill the contract, as the case may be, may take, condemn, hold, use, and permanently appropriate any land, water, rights of water and of way, necessary and proper to be used in furnishing or enlarging any such water supply, including sites and materials for dams, reservoirs, pumping stations, and for coal houses, with a right-of-way thereto, and a right-of-way for water pipes along and across public highways, and through private lands, and including also lands covered or to be flowed by water, or to be in any other way used in furnishing, enlarging, or maintaining any water supply. And if any change in any highway shall be required for the accommodation of the water supply, then the town, person, or corporation may alter the grade of the highway or construct a bridge therein, under the direction of the town council of the town where the change is made, and as far as may be needful, first giving bond with surety satisfactory to a justice of the superior court, if requested, conditioned to reimburse the town for every expense and damage occasioned by a change of grade or other change in the highway.
History of Section. G.L. 1896, ch. 123, § 1; C.P.A. 1905, § 1223; G.L. 1909, ch. 149, § 1; G.L. 1923, ch. 179, § 1; G.L. 1938, ch. 637, § 1; G.L. 1956, § 39-15-1.
Whenever any property or estate or rights of property shall be taken under the provisions of § 39-15-1, the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests, by the town, person, or corporation, taking the property or estate or rights of property.
History of Section. G.L. 1896, ch. 123, § 2; G.L. 1909, ch. 149, § 2; G.L. 1923, ch. 179, § 2; G.L. 1938, ch. 637, § 2; G.L. 1956, § 39-15-2.
If any land covered by tidewater shall be taken under this chapter, then damages to the rights of every riparian owner and of every lessee of the land, if any, shall be awarded under the provisions hereof the same as for any other right of property.
History of Section. G.L. 1896, ch. 123, § 9; G.L. 1909, ch. 149, § 9; G.L. 1923, ch. 179, § 9; G.L. 1938, ch. 637, § 9; G.L. 1956, § 39-15-3.
Whenever any property or estate or rights of property shall be taken under the provisions of this chapter for either of the purposes described in § 39-15-2 or § 39-15-3, and the person or corporation shall then, or at any time thereafter, be required by the owner of the property, estate, or right taken, to give bond with surety for the payment therefor, the person or corporation shall, without delay, give bond to the owner, with surety satisfactory to a justice of the superior court, conditioned to pay to the owner all damages that may be awarded him or her for the estate so taken.
History of Section. G.L. 1896, ch. 123, § 3; C.P.A. 1905, § 1223; G.L. 1909, ch. 149, § 3; G.L. 1923, ch. 179, § 3; G.L. 1938, ch. 637, § 3; G.L. 1956, § 39-15-4; P.L. 1997, ch. 326, § 117.
The town, person, or corporation taking any property, estate, or right of property under the provisions of this chapter, shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the property, estate, or right of property, shall contain a list of the owners thereof and of the persons interested therein, so far as the owners or person interested therein may be known to the town, person, or corporation taking the property, estate, or right of property, and which shall be filed in the office of the clerk of the superior court for the county where the property or estate is located.
History of Section. G.L. 1896, ch. 123, § 4; C.P.A. 1905, § 1222; G.L. 1909, ch. 149, § 4; G.L. 1923, ch. 179, § 4; G.L. 1938, ch. 637, § 4; G.L. 1956, § 39-15-5.
Upon the filing of any certificate, the clerk shall forthwith issue a notice to the several persons named in the certificate which shall contain the substance of the certificate, and also a notice of a time and place when the persons may appear in the court and be heard in reference to the necessity for the taking and the appointment of commissioners to appraise the damages accruing to them by virtue of the taking of their property, estate, or rights of property; and the clerk shall, for four (4) successive weeks thereafter, cause to be advertised in each issue of some newspaper published in the county a copy of the notice, requiring all persons interested in the premises to appear at the time and place, if they see fit, to be heard in the premises. The personal notice upon known parties shall be served as soon as may be, and at least twenty (20) days, before the time of the hearing, by some officer authorized to serve process or by some disinterested person.
History of Section. G.L. 1896, ch. 123, § 4; G.L. 1909, ch. 149, § 4; G.L. 1923, ch. 179, § 4; G.L. 1938, ch. 637, § 4; G.L. 1956, § 39-15-6.
At the time mentioned in the notice given under the authority of § 39-15-6, or at such adjournment from the time as the court shall order, the court, after hearing the parties in interest therein who may desire to be heard, shall first adjudge whether the taking of the property, estate, or rights in question is a public necessity, and, if that shall be adjudged affirmatively, the property and rights of property shall from that time be deemed to have been taken, and the court shall then appoint three (3) suitable persons to be commissioners to appraise the damages sustained by any person whose property, estate, or rights of property shall have been taken for either or any of the purposes authorized in this chapter. The commissioners, after being duly sworn to the faithful discharge of their trust and giving due notice to the parties in interest, shall proceed to hear the parties with their allegations and proofs, and to examine the premises, and shall make up and return their award in the premises to the clerk of the superior court from which they received their appointment, with their fees marked thereon, which fees, being first allowed by the court, shall be forthwith paid by the town, person, or corporation taking the property, estate, or rights of property embraced in the award.
History of Section. G.L. 1896, ch. 123, § 5; C.P.A. 1905, § 1216; G.L. 1909, ch. 149, § 5; G.L. 1923, ch. 179, § 5; G.L. 1938, ch. 637, § 5; G.L. 1956, § 39-15-7; P.L. 1997, ch. 326, § 117.
Upon the payment of the fees provided in § 39-15-7, the clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested in the report. Any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awarded, and may file his or her claim for the trial at any time within three (3) months from the opening of the report. The claim shall stand for trial by jury upon a proper issue based upon the claim, as other cases upon the docket of the court, and shall be tried in the court in every respect as other cases are there tried, including the right to object to rulings and to move for new trials for cause; and execution may be awarded thereon as in other cases; but if the party claiming the jury trial shall not therein obtain an award for damages more favorable to him or her than that given by the commissioners, he or she shall pay costs to the adverse party.
History of Section. G.L. 1896, ch. 123, § 6; C.P.A. 1905, § 1216; G.L. 1909, ch. 149, § 6; G.L. 1923, ch. 179, § 6; G.L. 1938, ch. 637, § 6; G.L. 1956, § 39-15-8.
Whenever the report of the commissioners shall be received by the court and no right of trial by jury shall be claimed thereon, the court shall enter judgment in favor of the several claimants for the damages awarded to them respectively; and so shall enter judgment upon the verdict of the jury, subject to the right to apply for new trials for cause, upon the rendition of the verdict; and the court shall forthwith grant execution upon all such judgments.
History of Section. G.L. 1896, ch. 123, § 8; G.L. 1909, ch. 149, § 8; G.L. 1923, ch. 179, § 8; G.L. 1938, ch. 637, § 8; G.L. 1956, § 39-15-9.
Any proceeding in taking any property or estate or rights of property, or in claiming damages therefor, or other proceeding under the provisions of this chapter, may at any stage of the proceeding, with the leave of the court, be amended upon such terms and conditions as to the court may appear to be just and proper.
History of Section. G.L. 1896, ch. 123, § 7; G.L. 1909, ch. 149, § 7; G.L. 1923, ch. 179, § 7; G.L. 1938, ch. 637, § 7; G.L. 1956, § 39-15-10.
The town council of any town or the city council of any city may grant to any person or corporation the right to lay water pipes in any of the public highways of the town or city for supplying the inhabitants of the town or city with water, and may consent to the erection, construction, and the right to maintain a reservoir or reservoirs within the town or city, for such time and upon such terms and conditions as they may deem proper, including therein, the power and authority to exempt the pipes and reservoirs and the land and works connected therewith from taxation.
History of Section. G.L. 1896, ch. 40, § 37; G.L. 1909, ch. 50, § 39; G.L. 1923, ch. 51, § 42; G.L. 1938, ch. 333, § 42; G.L. 1956, § 39-15-11.
The owner of any house, building, tenement, or estate shall be liable for the payment of the price or rent or rates fixed by any town, city, or incorporated fire district or water district for the use of water furnished by such town, city, fire district, or water district to the owner or occupant of the house, building, tenement, or estate; and the price, rent, or rates shall be a lien upon the house, building, tenement, and estate in the same way and manner as taxes assessed on real estate are liens, and, if not paid as required by the town, city, fire district, or water district, shall be collected in the same manner that taxes assessed on real estate are by law collected; provided, however, that the city of Cranston or any agency thereof may charge interest on delinquent payments at a rate of not more than twelve percent (12%) per annum; provided, however, that the city of Woonsocket or any agency thereof may charge interest on delinquent payments at a rate of not more than eighteen percent (18%) per annum.
History of Section. P.L. 1909, ch. 428, § 1; G.L. 1923, ch. 301, § 31; G.L. 1938, ch. 449, § 1; P.L. 1940, ch. 949, § 1; G.L. 1956, § 39-15-12; P.L. 1982, ch. 143, § 1; P.L. 1982, ch. 343, § 1.
The purposes of this chapter are to:
(1) Augment current principles for setting the rates of public utilities that are water suppliers that are subject to commission rate regulation in a manner that facilitates:
(i) Managing demand, especially seasonal demand;
(ii) Investing in infrastructure repair and replacement;
(iii) Recovering the full costs, including capital and operational, of water systems through water system revenues; and
(iv) Establishing operating capital and debt service of sufficient size; and
(2) Provide an optional system for multiyear water rates that are adjustable in accordance with an approved rate plan.
History of Section. P.L. 2009, ch. 288, § 1; P.L. 2009, ch. 341, § 1.
For the purposes of this chapter, the following definitions shall apply:
(1) “Agricultural” shall mean commercial agricultural producers as defined in § 46-15.3-4(2).
(2) “Commission” shall mean the public utilities commission established by chapter 1 of this title, with all powers set forth in chapter 1 of this title, including, but not limited to, the powers set forth in §§ 39-1-3 and 39-1-7, and in chapter 4 of this title, and subject to the provisions of chapter 5 of this title.
(3) “Division” shall mean the division of public utilities and carriers.
(4) “Water resources board” shall mean the water resources board having the duties set forth in chapter 15 of title 46.
(5) “Water supplier” shall mean all water supply systems regulated by the public utilities commission including the Kent County Water Authority, Newport Water Department, Pawtucket Water Supply Board, Providence Water Supply Board, United Water Rhode Island, Woonsocket Water Department, and any future water supply system that meets the definition established in § 39-1-2(a)(20) pertaining to public utilities employed for the distribution of water to the consuming public.
(6) “Water supply systems management plan” shall mean a water supply systems management plan prepared in accordance with § 46-15.3-5.1 and found by the water resources board, pursuant to the provisions of § 46-15.3-7.6, to be in compliance with the requirements for such plans.
History of Section. P.L. 2009, ch. 288, § 1; P.L. 2009, ch. 341, § 1.
(a) Adequacy. The rates of water suppliers subject to commission rate regulation shall be responsible and adequate to pay for all costs associated with water supply, including, but not limited to, the costs of:
(1) Acquisition, treatment, transmission, distribution, and availability of water;
(2) System administration and overhead, including the prudent cost and/or value of all services and facilities provided by the city or town to the water supplier, including, but not limited to, testing, operation, maintenance, replacement, repair, debt service, and associated with, but not limited to, supply, production, treatment, transmission, administration facilities, and metering and billing;
(3) Programs for the conservation and efficient use of water, including costs of developing, implementing, enforcing, and evaluating the conservation programs and including conservation pricing as described in subsection (d);
(4) Sufficient operating reserves, revenue stabilization funds, debt service reserves, and capital improvement/infrastructure replacement funds to implement water supply system management plans.
(b) Equitability. Except for service charges and other fixed fees and charges approved as reasonable by the commission, where practicable, rates:
(1) Shall be based on metered usage and fairly set among and within the classes and/or types of users;
(2) Shall provide that within any class of users the full cost of system capacity, administration, operation, and water supply costs for peak and seasonal use is borne by the users that contribute to such peak and seasonal use; and
(3) May provide a basic residential use rate for water use that is designed to make a basic level of water use affordable. Rates may require implementation of demand management practices, consistent with the standards and guidelines of the water resources board, established pursuant to § 46-15.8-5(1), by wholesale and retail customers.
(c) Revenue stabilization. Water suppliers subject to commission rate regulation shall in the absence of other sufficient funds available for similar purposes, establish as part of their next general rate filing before the commission a revenue-stabilization account to ensure fiscal stability during periods when revenues decline as a result of implementing water conservation programs, or due to circumstances beyond the reasonable control of the water supplier, including, but not limited to, the weather and drought. A revenue-stabilization account shall accumulate a maximum of ten percent (10%) of the annual operating expenses of the supplier and shall be used to supplement other revenues so that the supplier’s reasonable costs are compensated. A supplier may draw upon its revenue-stabilization account without further action of the commission if revenues in any fiscal year fall below the level sufficient to provide reasonable compensation for services rendered, subject to periodic review by the commission to ensure that the purposes of § 39-15.1-1 are fulfilled.
(d) Conservation. Water suppliers subject to commission rate regulation shall take effective action to reduce waste of water and to reduce non-agricultural seasonal increases in the use of water, and may adopt conservation pricing as part of a demand management program or otherwise revise their rates as a means to achieve their goals. For the purpose of encouraging conservation of water, suppliers are authorized to request increased rates based on quantity used either throughout the year or seasonally and to seek expedited review by the commission of such revised rates, provided that the supplier shall not have the burden of proof to link the increased rate to obtaining reasonable compensation for the service rendered as established in § 39-3-12. Conservation pricing shall be designed to promote efficient water use, and to limit seasonal non-agricultural outdoor water use, and to the extent possible shall not increase prices for water users with no significant seasonal increase in water use. Revenues generated from the adoption of conservation rates shall be used to fund the revenue-stabilization account established pursuant to subsection (c) above, operating reserves, debt-service reserves or capital improvement/infrastructure replacement funds.
(e) Billing. Billing shall be at a minimum quarterly by December 31, 2013.
History of Section. P.L. 2009, ch. 288, § 1; P.L. 2009, ch. 341, § 1.
(a) Water suppliers may, at their discretion, file with the commission a rate plan for a period not to exceed six (6) years, which rate plans shall set forth proposed rates:
(1) That are adequate, as described in § 39-15.1-3(a), to pay for all reasonable costs of service associated with water supply during the period of the plan, and may include projections of cost increases, and are equitable as described in § 39-15.1-3(b);
(2) That attribute the cost of increased seasonal demand to customers who or that contribute to increased seasonal demand and that may include conservation pricing pursuant to § 39-15.1-3(d);
(3) That provide for infrastructure maintenance, repair, and replacement, especially in order to meet goals for reduction of leakage and the accounting of non-billed water, that are included in a water supply systems management plan; and
(4) That provide for the establishment and maintenance of operating reserves, capital reserves, and debt-service reserves as described in § 39-15.1-3(a).
(b) The commission shall approve or reasonably amend the plan and the rates proposed therein.
(c) A water supplier with a multiyear plan approved by the commission may change its rates consistent with provisions of the plan, provided that a forty-five (45) day notice is given to the commission and the division, which notice shall state the amount of the proposed rate changes, the manner in which the proposed rate is consistent with the approved plan, and the purpose of the proposed rate change. The proposed rate change shall be effective sixty (60) days after the notice to the commission and the division, unless the commission shall decide that the proposed rate increase may be unreasonable or inconsistent with the approved plan, in which case the commission shall hold a hearing on the proposed rate increase and may approve, or reasonably amend the proposed rate increase. Notwithstanding the foregoing notice provision, the commission shall be bound by the suspension period set forth in § 39-3-11.
(d) A water supplier may petition the commission for a modification to an approved plan, and the commission in hearing and deciding the petition need only consider those portions or elements of the plan affected by the proposed modification. The commission shall approve or reasonably modify the proposed modification. An approved modification shall become part of the plan for purposes of subsection (c) of this section.
(e) Each water supplier with an approved plan shall report annually to the commission and the division with regard to performance under the plan, including rates, revenues derived from rates, expenditures necessary to pay for all reasonable costs of service; and the level and status of operating reserves, capital reserves, and debt-service reserves.
History of Section. P.L. 2009, ch. 288, § 1; P.L. 2009, ch. 341, § 1.
As used in this chapter the following definitions shall apply:
(1) “Authority” means the corporation created by § 39-16-3.
(2) “Board” means the members of the authority.
(3) “Bonds” means the bonds, notes, or other obligations issued by the authority pursuant to this chapter.
(4) “District” means the Kent County water district.
(5) “Property” means any or all of the properties of any water supply and distribution system or part thereof, including plants, works, and instrumentalities, and all properties used or useful in connection therewith, and all parts thereof and all appurtenances thereto, including lands, easements, rights in land and water rights, rights-of-way, contract rights, franchises, approaches, connections, dams, reservoirs, water mains and pipelines, pumping stations and equipment, or any other property incidental to and included in the system or part thereof situated within or without the district.
(6) “Treasurer” means the treasurer of the authority.
History of Section. P.L. 1946, ch. 1740, § 2; G.L. 1956, § 39-16-1; P.L. 2020, ch. 79, art. 1, § 9.
There is hereby created a district to be known as the Kent County water district, whose boundaries shall be coterminous with the boundaries of Kent County. Notwithstanding any finding by any court to the contrary, the Kent County water district shall be a political subdivision of the state.
History of Section. P.L. 1946, ch. 1740, § 1; G.L. 1956, § 39-16-2; P.L. 1990, ch. 16, § 1.
A board to be known as the Kent County Water Authority is hereby created. The powers of the public benefit corporation shall be vested in and exercised by a majority of the members of the board then in office.
History of Section. P.L. 1946, ch. 1740, § 1; G.L. 1956, § 39-16-3; P.L. 1990, ch. 16, § 1.
(a) The board shall consist of seven (7) members, one member to be appointed by the town council of East Greenwich and two (2) members by the city council of the city of Warwick, and two (2) members each appointed by the town councils of the towns of Coventry and West Warwick. The successors of members shall be appointed by their respective city and town councils. A majority of the governing body appointing a member may remove the member for willful misconduct.
(b) The members of the board shall appoint a member to serve as chair of the board, and the appointment shall be made at the board’s first meeting after the effective date of this section. The chair appointed shall serve for a seven-year (7) term, at which time the board shall appoint a new chair. If a chair is unable to complete their term, a new chair shall be appointed to serve a seven-year (7) term.
(c) Each member shall serve for a term of seven (7) years, except that all vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his or her successor has been duly appointed and has qualified. Each member of the authority shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
(d) Four (4) members of the authority shall constitute a quorum and the vote of four (4) members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(e) In the event of a vacancy occurring in the board by reason of the death, resignation, or removal for willful misconduct of a member, the governing body of the town or city that appointed the member shall appoint a new member for the unexpired term.
(f) In the month of January, the board shall make an annual report to the town councils of East Greenwich, West Warwick, and Coventry, and to the city council of Warwick, of its activities for the preceding fiscal year. Each report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an annual audit of the books, records, and accounts of the authority to be made.
History of Section. P.L. 1946, ch. 1740, § 1; G.L. 1956, § 39-16-4; P.L. 1981, ch. 410, § 1; P.L. 1990, ch. 16, § 1; P.L. 2017, ch. 283, § 1; P.L. 2017, ch. 297, § 1; P.L. 2018, ch. 346, § 26.
The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and a treasurer, who may or may not be a member of the board, and other employees as may be necessary in its judgment, and fix their compensation. The board may provide, in the fixing of compensation, for a retirement program, commonly known as a pension plan, funded by individual or group insurance or annuity contracts or otherwise, for health and accident insurance, for life insurance, for hospital service commonly known as blue cross, and for physicians’ service for any one or more or all of its employees; and the board is hereby authorized to expend the moneys of the authority for purposes and programs as it may deem advisable. These programs and purposes may be financed in full or in part by the moneys of the authority.
History of Section. P.L. 1946, ch. 1740, § 1; G.L. 1956, § 39-16-5; P.L. 1962, ch. 41, § 1.
Each member of the board shall receive an annual salary not to exceed three thousand dollars ($3,000) per year, and shall be entitled to reimbursement of his or her actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation, and expenses of all members, officers, employees, and agents shall be paid solely out of the funds of the authority. No part of the earnings of the authority shall inure to the benefit of any private person.
History of Section. P.L. 1946, ch. 1740, § 1; P.L. 1955, ch. 3592, § 1; G.L. 1956, § 39-16-6; P.L. 1969, ch. 22, § 1; P.L. 1990, ch. 16, § 1.
No member of the authority shall directly or indirectly engage in any contract or agreement for labor or for the supply of materials for construction or reconstruction of the physical assets of the authority or replacements or additions thereto.
History of Section. P.L. 1946, ch. 1740, § 1; P.L. 1955, ch. 3592, § 1; G.L. 1956, § 39-16-7.
The authority shall have power:
(1) To acquire property by voluntary purchase from the owner or owners thereof; and if the authority deems it advisable, to acquire any of the properties through the purchase of stock and obligations of a corporation owning the property and the dissolution of the corporation. The owner or owners of any property that the authority is herein authorized to acquire are hereby authorized to sell or otherwise transfer the same to the authority, and in the case of a sale or other transfer of property pursuant to this provision it shall be lawful to dissolve the corporation, any other provision of law to the contrary notwithstanding.
(2) To own and operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired hereunder all of which, together with the acquisition of the property, are hereby declared to be public purposes.
(3) To produce, distribute, and sell water within or without the territorial limits of the district.
(4) To sue and be sued.
(5) To adopt and alter a corporate seal.
(6) To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal, or mixed, or interest therein for its corporate purposes, and to mortgage, pledge, or lease any such property; provided, however, that in the case of any sale or proposed sale of any real property hereunder, the authority shall first grant to the city or town in which the real property, or any part thereof, is situated the right to purchase the real property, or portion thereof situated within its boundaries, upon the same terms and conditions as the authority offers or proposes to offer to any other prospective purchaser.
(7) To make bylaws for the management and regulation of its affairs.
(8) To borrow money for any of its corporate purposes, including the creation and maintenance of working capital, and to issue negotiable bonds, notes, or other obligations, and to fund or refund the same.
(9) To fix rates and collect charges for the use of the facilities of or services rendered by or any commodities furnished by the authority, such as to provide revenues sufficient at all times to pay, as the same shall become due, the principal and interest on the bonds of the authority, together with the maintenance of proper reserves therefor, in addition to paying, as the same shall become due, the expense of operating and maintaining the properties of the authority, together with proper reserves for depreciation, maintenance, and contingencies and all other obligations and indebtedness of the authority. The authority shall charge any city, county, or town for the use of any facility of or service rendered by or any commodities furnished to it by the authority at rates applicable to other users taking similar service.
(10) To contract in its own name for any lawful purpose that would effectuate the 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 out the powers expressly granted by this chapter; provided, however, that the full faith, credit, and taxing power of the state or of any city, county, town, or other political subdivision shall never be pledged, nor shall any bond, note, or other evidence of indebtedness of the authority constitute the obligation of the state or of any city, county, town, or other political subdivision, but shall be solely the obligation of the authority. It is the intention of the legislature that any property acquired by the authority pursuant to the provisions of this chapter shall be financed as a self-liquidating enterprise, and that any indebtedness incurred by the authority shall be payable solely from the earnings or revenues derived from all or part of the property acquired by the authority.
(11) To enter into cooperative agreements with cities, counties, towns, or water companies within or without the district for the interconnection of facilities or for any other lawful corporate purposes necessary or desirable to effect the purposes of this chapter.
History of Section. P.L. 1946, ch. 1740, § 3; G.L. 1956, § 39-16-8; P.L. 1971, ch. 63, § 1; P.L. 1990, ch. 16, § 1.
Notwithstanding the proviso contained in the definition of “public utility” in § 39-1-2, chapters 1 — 5 of this title shall apply to the water district created by this chapter and to the governing body thereof, and notwithstanding anything contained in this chapter with respect to fixing rates and collecting charges, rates and charges of the district and/or authority shall be established in accordance with and subject to the provisions of chapters 1 — 5. Until so established, the rates and charges that were in effect at the time when the authority acquired properties pursuant to the provisions of § 39-16-8, shall continue in full force and effect.
History of Section. P.L. 1952, ch. 2876, § 1; G.L. 1956, § 39-16-9.
The authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate purposes and to secure the payment of the bonds as may be provided in the resolution or resolutions authorizing the bonds. Except as may be otherwise expressly provided by the authority, every issue of bonds by the authority shall be general obligations payable out of any moneys, earnings, or revenues of the authority, subject only to any agreements with the holders of particular bonds pledging any particular moneys, earnings, or revenues.
History of Section. P.L. 1946, ch. 1740, § 4; G.L. 1956, § 39-16-10.
(a) The authority is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the authority for the purpose of paying all or part of the cost to acquire, construct, reconstruct, rehabilitate, improve, or maintain any property necessary or desirable for the purposes of the authority. The bonds shall be authorized by resolution of the board, and shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their date, bear interest at such rate or rates payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges and such privileges of reconversion from registered to coupon form, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. Notwithstanding the requirement of § 39-16-8 that any indebtedness incurred by the authority shall be payable solely from the earnings or revenues derived from all or part of the property acquired by the authority, the authority may purchase, or otherwise acquire, or require bond insurance, letters of credit, lines of credit, or such other instruments or securities to ensure the timely payment of principal, interest, and/or redemption premium on the bonds.
(b) Pending the preparation of the bonds in definitive form, the board shall have the power to issue temporary bonds or interim receipts in such form as the board may elect. The definitive bonds shall be signed by the chairperson of the authority or a facsimile thereof shall be impressed or imprinted thereon and attested by the manual or facsimile signature of the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until delivery.
(c) Any bonds, authorized by and issued pursuant to this chapter, may be sold at public or private sale for such price or prices as the authority shall determine.
(d) The authority is hereby authorized to provide for the issuance of refunding bonds of the authority for the purpose of refunding any bonds then outstanding that shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon or interest accrued or to accrue to the earliest or subsequent date of redemption purchase or maturity of the bonds and, if deemed advisable by the authority, for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property of the authority. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the authority, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes, either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States, or in certificates of deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at such time or times as shall be appropriate to ensure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof, may be returned to the authority for use by it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any property of the authority may be invested and reinvested in such obligations, securities, and other investments consistent with this section as shall be specified in the resolutions under which the bonds are authorized and that shall mature not later than the times when the proceeds will be needed for these purposes. The interest, income, and profits, if any, earned or realized on the investments may be applied to the payment of all parts of the costs, or may be used by the authority otherwise in furtherance of its purposes. The issuance of the bonds, the maturities, and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect to the bonds shall be governed by the provisions of this chapter insofar as the provisions may be applicable.
History of Section. P.L. 1946, ch. 1740, § 4; G.L. 1956, § 39-16-11; P.L. 1981, ch. 410, § 1; P.L. 1990, ch. 16, § 1; P.L. 1997, ch. 326, § 118.
Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions that shall be a part of the contract with the holders of the bonds thereby authorized, as to:
(1) Pledging all or any part of the money, earnings, income, and revenues derived from all or any part of the property of the authority to secure the payment of any bonds or of any issue of bonds subject to such agreements with bondholders as may then exist;
(2) The rates to be fixed and the charges to be collected and the amounts to be raised in each year, and the use and disposition of the earnings and other revenues;
(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(4) Limitations on the right of the authority to restrict and regulate the use of the properties in connection with which the bonds are issued;
(5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may be applied;
(6) Limitations on the issuance of additional bonds, including refunding bonds and the terms upon which additional bonds may be issued and secured;
(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given;
(8) The creation of special funds into which any earnings or revenues of the authority may be deposited, and the investment of the funds;
(9) The appointment of a fiscal agent and the determination of its powers and duties;
(10) Limitations on the power of the authority to sell or otherwise dispose of its properties;
(11) The preparation of annual budgets by the authority and the employment of consulting engineers and auditors;
(12) The rights and remedies of bondholders in the event of failure on the part of the authority to perform any agreement;
(13) Covenanting that as long as any bonds are outstanding the authority shall use its best efforts to establish and maintain its rates and charges adequate at all times to pay and provide for all operating expenses of the authority, all payments of principal, redemption premium, if any, and interest on bonds, notes, or other evidences of indebtedness of or assumed by the authority, all renewals, repairs, or replacements to the property of the authority deemed necessary, and all other amounts that the authority may by law, resolution, or contract be obligated to pay. On or before the last day of the authority’s fiscal year, the authority shall review the adequacy of its rates and charges to satisfy the above requirements for the next succeeding fiscal year. If the review indicates that the rates and charges are, or are likely to be, insufficient to meet the requirements of this chapter, the authority shall promptly take such steps as are permitted by law and as are necessary to cure or avoid the deficiency, including but limited to, making an emergency request to the public utilities commission to raise its rates and charges;
(14) Any other matters, of like or different character that in any way affect the security or protection of the bonds.
History of Section. P.L. 1946, ch. 1740, § 4; G.L. 1956, § 39-16-12; P.L. 1990, ch. 16, § 1.
It is hereby declared that the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and for the improvement of their health, welfare, and prosperity, and the authority will be performing an essential governmental function in the exercise of the powers conferred by this chapter, and the state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments or sums in lieu of taxes, except as provided in § 39-16-14, to the state or any political subdivision thereof upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of the property or upon any earnings, revenues, moneys, or other income derived by the authority, and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation.
History of Section. P.L. 1946, ch. 1740, § 5; G.L. 1956, § 39-16-13; P.L. 1997, ch. 326, § 118.
The authority shall pay annually, having first made provision for the payment of principal and interest on any bonds outstanding and any other charges payable from revenues due in such year as may be provided in the resolution or resolutions authorizing any bonds, in lieu of any property tax, as a charge upon its earnings or revenues, to each city, town, or district, a sum equal in amount to any property tax levied on any property by or on behalf of the city, town, or district during the year next preceding the acquisition of such property by the authority. The authority shall have no power to levy or collect ad valorem property taxes.
History of Section. P.L. 1946, ch. 1740, § 5; G.L. 1956, § 39-16-14.
The state does hereby pledge to and agree with the holders of the bonds, notes, and other evidences of indebtedness of the authority that the state will not limit or alter rights hereby vested in the authority until the bonds, notes, or other evidences of indebtedness, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any actions or proceedings by or on behalf of the bondholders, are fully met and discharged.
History of Section. P.L. 1946, ch. 1740, § 6; G.L. 1956, § 39-16-15.
The bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons, whomsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities that may be deposited with and shall be received by all public officers and bodies of this state, and all municipalities and municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized.
History of Section. P.L. 1946, ch. 1740, § 8; G.L. 1956, § 39-16-16.
All money of the authority, from whatever source derived, shall be paid to the treasurer of the authority. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out on check of the treasurer, on requisition by the authority, or of such other person or persons as the authority may authorize to make the requisitions. All deposits of money shall be secured by obligations of the United States, or of the state, of a market value equal at all times to the amount of deposits, and all banks and trust companies are authorized to give security for the deposits. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, security, investment, and payment of any money of the authority, or any money held in trust or otherwise for the payment of bonds or in any way to secure bonds, and to carry out any contract notwithstanding that the contract may be inconsistent with the previous provisions of this section. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as money of the authority, and all banks and trust companies are authorized to give security for the deposits.
History of Section. P.L. 1946, ch. 1740, § 7; G.L. 1956, § 39-16-17.
The right to alter, amend, or repeal this chapter is hereby expressly reserved, but no such alteration, amendment, or repeal shall operate to impair the obligation of any contract made by the authority under any power conferred by this chapter.
History of Section. P.L. 1946, ch. 1740, § 9; G.L. 1956, § 39-16-18.
If any section, clause, provision, or term of this chapter shall be declared unconstitutional and ineffective in whole or in part, then to the extent that it is not unconstitutional and ineffective it shall be valid and effective and no other section, clause, provision, or term shall on account thereof be deemed invalid or ineffective.
History of Section. P.L. 1946, ch. 1740, § 10; G.L. 1956, § 39-16-19.
The authority, in addition to any other powers granted in this chapter, has the following powers in order to assist it in setting rates:
(1) To conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information and necessary to carry out the terms of this chapter;
(2) To issue subpoenas, necessary to carry out the terms of this chapter, requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the authority, or before one or more of the members of the authority appointed by it to conduct the hearing; and
(3) To apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed to testify, or who is guilty of any contempt after summons to appear.
History of Section. P.L. 1990, ch. 16, § 2.
If the authority shall be dissolved, all funds of the authority, not required for the payment of bonds or other debts of the authority, the disposition of which is not otherwise governed by contracts to which the authority may be party, shall be paid to the towns of East Greenwich, Coventry, and West Warwick and the city of Warwick and, except as provided in this chapter, all property belonging to the authority shall be vested in the above-mentioned municipalities and delivered to them.
History of Section. P.L. 1990, ch. 16, § 2; P.L. 1997, ch. 326, § 118.
The authority may, by resolution, authorize the issue from time to time of interest bearing or discounted notes in anticipation of the issue of bonds. Temporary notes issued under this section shall be signed by the chairperson and the treasurer of the authority and shall be payable within five (5) years of their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes under this section, provided the period from the date of the original note to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed five (5) years. All other terms and conditions of the notes shall be set by the authority in the resolution authorizing issuance.
History of Section. P.L. 1990, ch. 16, § 2; P.L. 1997, ch. 326, § 118.
Any town or city, by vote of the town council or city council, may pass ordinances or make contracts to be executed by its proper officers, granting rights and franchises in, over, or under the streets and highways in the town or city to the corporations, as are provided for in § 39-17-2, and for the purposes and upon the condition specified in this chapter.
History of Section. G.L. 1896, ch. 77, § 1; G.L. 1909, ch. 91, § 1; G.L. 1923, ch. 103, § 1; G.L. 1938, ch. 126, § 1; G.L. 1956, § 39-17-1; P.L. 1997, ch. 326, § 119.
Any grants, whether by ordinance or by contract, may confer upon any corporation created by the general assembly for the purpose of distributing water, or for the purpose of producing, selling, and distributing currents of electricity to be used for light, heat, or motive power, or for the purpose of manufacturing, selling, and distributing illuminating or heating gas, or for the purpose of operating street railways by any motive power, or for the purpose of operating telephones, the exclusive right, for a time not exceeding twenty-five (25) years, to erect, lay, construct, and maintain for the purposes for which the corporation is created, poles, wires, pipes, conduits, rails, or cables, with necessary and convenient appurtenances as may be required for the conduct of the business of the corporation, in, over, or under the streets of the town or city; provided, however, that no grant of exclusive rights or franchises for any of the purposes described in this section shall be made by any city or town where, at the time a corporation created for the same purpose, or a person duly authorized by law to use the streets for such purpose, shall be in actual use and enjoyment of the rights, except to the corporation or person already carrying on business in the city or town; and provided, further, that whenever in any city or town more than one corporation shall at the time be in actual use and enjoyment of portions of the streets and highways for any of the purposes described in this section, no exclusive right or franchise shall be granted to either without the consent of the other; and provided, further, that no grant shall prevent any town or city from permitting any person or corporation to use streets or highways for any of the purposes described in this section in order to connect and serve any two (2) or more estates owned by the person or corporation.
History of Section. G.L. 1896, ch. 77, § 2; G.L. 1909, ch. 91, § 2; G.L. 1923, ch. 103, § 2; G.L. 1938, ch. 126, § 2; G.L. 1956, § 39-17-2; P.L. 1997, ch. 326, § 119; P.L. 2006, ch. 216, § 15.
Every corporation that shall accept exclusive rights or franchises granted by ordinance or contract under the provisions of this chapter, shall make and render to the treasurer of the town or city granting the same, on or before the thirtieth day of January, April, July, and October in every year, returns, verified by the oath of its president or treasurer, of the gross earnings of the corporation within the town or city for the period of three (3) months next preceding the first day of January, April, July, and October in the same year, and shall at the time pay to the town or city treasurer, in full payment for the rights and franchises granted under this chapter, a special tax upon the gross earnings at a rate not exceeding three percent (3%) upon the gross earnings of the corporation within the town or city in that year.
History of Section. G.L. 1896, ch. 77, § 3; G.L. 1909, ch. 91, § 3; G.L. 1923, ch. 103, § 3; G.L. 1938, ch. 126, § 3; G.L. 1956, § 39-17-3; P.L. 1997, ch. 326, § 119.
In case any corporation shall do business in more than one town or city, and it shall be unable to ascertain the amount of its gross earnings in each town or city separately from actual accounts kept thereof, its returns of gross earnings to be made as provided in § 39-17-3 shall state the gross earnings of its entire business and the length of its wires, pipes, mains, or tracks in the streets and highways of each town or city, and the gross earnings from its business in the town or city shall be taken to be that proportion of the whole gross earnings that the length of its wires, pipes, mains, or tracks in the streets and highways of the city or town bears to the total length of all its wires, pipes, mains, or tracks in streets and highways.
History of Section. G.L. 1896, ch. 77, § 3; G.L. 1909, ch. 91, § 3; G.L. 1923, ch. 103, § 3; G.L. 1938, ch. 126, § 3; G.L. 1956, § 39-17-4; P.L. 1997, ch. 326, § 119.
In case any corporation shall neglect to make payment of the quarterly tax as provided in § 39-17-3, the town or city treasurer may collect and recover of the corporation, as other taxes are collectible, double the amount of the special tax shown to be due by the last preceding quarterly return of the corporation.
History of Section. G.L. 1896, ch. 77, § 3; G.L. 1909, ch. 91, § 3; G.L. 1923, ch. 103, § 3; G.L. 1938, ch. 126, § 3; G.L. 1956, § 39-17-5; P.L. 1997, ch. 326, § 119.
No corporation which shall acquire exclusive rights or franchises under the provisions of this chapter, shall at any time during the continuance thereof charge for its product, wares, or service, to any town or city or the inhabitants thereof, any greater price than the price actually charged by it at the time of the granting of the rights or franchises, both prices being reckoned in United States gold coin of the standard weight and fineness in force at the time of the granting of the right or franchise, or in the equivalent thereof in actual value in other lawful money of the United States.
History of Section. G.L. 1896, ch. 77, § 4; G.L. 1909, ch. 91, § 4; G.L. 1923, ch. 103, § 4; G.L. 1938, ch. 126, § 4; G.L. 1956, § 39-17-6.
The use and enjoyment of all rights and franchises granted under the provisions of this chapter shall be subject to such reasonable rules and regulations and orders, controlling the extent and quality of construction and service to be maintained by the corporation to which such rights are granted, and prescribing the location and arrangement of its tracks, poles, wires, or conduits, and their appurtenances, as are, or may be from time to time, enacted by the town or city councils. In case any regulation or enactment shall seem to any corporation to be unreasonable, the corporation, within thirty (30) days after the same has been passed, may complain to the division of public utilities and carriers setting forth that the regulation or order is not reasonable in the premises; and thereupon the division shall proceed to hear and determine the matter in accordance with the provisions of chapter 4 of this title; subject, however, to the right of appeal to the superior court contained in chapter 5 of this title.
History of Section. G.L. 1896, ch. 77, § 5; C.P.A. 1905, § 1107; G.L. 1909, ch. 91, § 5; P.L. 1912, ch. 795, § 52; G.L. 1923, ch. 103, § 5; G.L. 1938, ch. 126, § 5; G.L. 1956, § 39-17-7.
No city or town shall make any charge to any corporation for the use of its streets except under and in accordance with the provisions of this chapter; provided, that any city or town may require that any street railway company shall continue to conform to any existing requirements as to paving and keeping in repair the streets and highways.
History of Section. G.L. 1896, ch. 77, § 6; G.L. 1909, ch. 91, § 6; G.L. 1923, ch. 103, § 6; G.L. 1938, ch. 126, § 6; G.L. 1956, § 39-17-8.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:
(1) “Authority” means the Rhode Island public transit authority created by § 39-18-2, or, if the authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof, or upon whom the powers of the authority given by this chapter shall be given by law.
(2) “Bonds” means bonds, notes, or other evidences of indebtedness, including temporary notes of the authority issued in anticipation of revenues to be received by the authority or in anticipation of the receipt of federal, state, or local grants or other aid.
(3) “Municipality” means any town, city, or subdivision thereof.
(4) “Transit property” means and includes any property, whether real or personal, and any apparatus and equipment used or useful in the operation of a motor bus, water, or rail passenger transportation line or system, and includes any rights or franchises to operate any passenger transportation line or system, but it does not include other property or assets.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 1; P.L. 1983, ch. 157, § 1; P.L. 1999, ch. 256, § 1.
It is hereby found and declared as follows:
(1) Rhode Island has had a long and rich legacy of providing public transit services that contribute to the fabric of the state;
(2) Public transit continues to evolve and can play increasingly important roles in the future;
(3) Public transit services provide benefits to the quality of communities by curtailing energy consumption, helping people participate in their communities by offering mobility options, defining spaces and promoting sound urban design, and linking activity centers to support social networks;
(4) Pedestrian access and safety is crucial to supporting public transit services;
(5) One of the values of an improved public transit system is the generation of investment and wealth in areas served by the system;
(6) The state’s public transit system should provide a variety of mobility options for people that include services for people with special needs, and services to tourism destinations, employment and retail centers, education institutions and other modes of transportation including rail, air, and water transportation services;
(7) The use of technology is vital for making informed decisions about existing and future public transit services and for providing efficient, user responsive public transit; and
(8) The state in partnership with local communities should support the legacy of public transit services in Rhode Island and improve, expand, and augment that system to meet the needs of the people in the twenty-first (21st) century.
History of Section. P.L. 2007, ch. 504, § 2; P.L. 2007, ch. 518, § 2.
(a) There is hereby created a body corporate and politic to be known as the “Rhode Island public transit authority” (hereinafter “RIPTA”).
(b) The authority shall consist of nine (9) members, one of whom shall be the director of the department of transportation, or the director’s designee, who shall serve as an ex officio member, and eight (8) of whom shall be appointed by the governor with the advice and consent of the senate, with at least one of the eight (8) being a regular user of fixed-route RIPTA transportation and at least one of the eight (8) being a person with a disability. The governor shall achieve a diverse membership in the board and shall give due consideration to recommendations for nominations from the RIPTA Riders Alliance, the National Federation of the Blind of Rhode Island, the Gray Panthers of Rhode Island, the Sierra Club of Rhode Island, the Rhode Island AFL-CIO, the RIPTA Transportation Advisory Committee, the Rhode Island business community, the Amalgamated Transit Union, and the Rhode Island League of Cities and Towns. No one shall be eligible for appointment unless he or she is a resident of this state.
(c) Those members of the authority as of the effective date of this act [June 16, 2006] who were appointed to the authority by members of the board of the general assembly shall cease to be members of the authority on the effective date of this act [June 16, 2006], and the governor shall thereupon nominate two (2) members, each of whom shall serve the balance of the unexpired term of their predecessor. Those members of the authority as of the effective date of this act [June 16, 2006] who were appointed to the authority by the governor shall continue to serve the balance of their current terms. Thereafter, during the month of January in each year, the governor shall appoint members to succeed the departing members. The newly appointed members shall serve for a term of three (3) years, commencing on the day they are qualified. In the event of a vacancy occurring in the membership, the governor, with the advice and consent of the senate, shall appoint a member for the unexpired term. Any member of the authority shall be eligible for reappointment.
(d) Each member of the authority, before entering upon the member’s duties, shall take an oath to administer the duties of the member’s office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
(e) The director of the department of transportation shall serve as chairperson. The authority shall elect a secretary and such other officers as it deems necessary.
(f) Five (5) members of the authority shall constitute a quorum. The affirmative vote of a majority of the members present and voting shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(g) The members of the authority shall receive no compensation, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(h) No member of the authority shall be in the employ of, or own any stock in, or be in any way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street railway company; nor shall any member of the authority personally, or through a partner or agent, render any professional service or make or perform any business contract with or for any company; nor shall any member of the authority, directly or indirectly, receive a commission, bonus, discount, present, or reward from any company.
(i) Members of the authority shall be removable by the governor pursuant to the provisions of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.
(j) The authority shall conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the general manager of the authority, be approved by the authority, and be conducted by the general manager of the authority. The authority may approve the use of any authority and/or staff members and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the authority’s rules and regulations. The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1970, ch. 111, § 5; P.L. 1979, ch. 257, § 1; P.L. 1999, ch. 105, § 12; P.L. 2001, ch. 180, § 81; P.L. 2006, ch. 103, § 5; P.L. 2006, ch. 144, § 5; P.L. 2016, ch. 73, § 1; P.L. 2016, ch. 75, § 1; P.L. 2023, ch. 246, § 1, effective July 1, 2023; P.L. 2023, ch. 247, § 1, effective July 1, 2023.
(a) It shall be the purposes of the authority to:
(1) Provide public transit services that meet mobility needs of the people of the state, including the elderly and disabled;
(2) Increase access to employment opportunities;
(3) Connect different modes of public transportation, including rail, air, and water services;
(4) Promote community design that features public transit services as defining elements of a community;
(5) Facilitate energy conservation and efficient energy use in the transportation sector by providing public transit services; and
(6) Mitigate traffic congestion and enhance air quality.
(b) It shall further be the purpose of the authority to own and operate a mass motor bus, water, or rail passenger transportation system and to manage, to coordinate, and to perform vehicle maintenance for a state paratransit system. Whenever any operator of a mass motor bus, water, or rail passenger transportation system files with the public utilities administrator a petition to discontinue any service, it is the purpose and function of the authority to determine if it is in the public interest to discontinue that service. If it is determined that it is not in the public interest to discontinue that service, the authority is authorized and empowered to acquire all or any part of the transit property, or any interest therein, of the system.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 2; P.L. 1983, ch. 157, § 1; P.L. 1999, ch. 256, § 1; P.L. 2007, ch. 504, § 1; P.L. 2007, ch. 518, § 1.
(a) The authority is hereby authorized and empowered:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the seal at pleasure;
(3) To maintain an office at such place or places within the state as it may designate;
(4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that any and all actions against the authority shall be brought only in the county in which the principal office of the authority shall be located;
(5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and to lease as lessee or lessor any property, real, personal, or mixed, or any interest therein, for such term and at such rental as the authority may deem fair and reasonable, and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal, or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;
(6) To employ, in its discretion, planning, architectural, and engineering consultants, attorneys, accountants, construction, financial, transportation, and traffic experts and consultants, superintendents, managers, and such other officers, employees, and agents as may be necessary in its judgment, and to fix their compensation;
(7)(i) To fix, from time to time, subject to the provisions of this chapter, schedules and such rates of fare and charges for service furnished or operated as in its judgment are best adopted to ensure sufficient income to meet the cost of service; provided, however, the authority is not empowered to operate a passenger vehicle under its control in competition with passenger vehicles of a private carrier over routes that the private carrier operates pursuant to a certificate of public convenience and necessity issued to the private carrier by the division of public utilities and carriers; and provided further that the authority shall not require any person who meets the means-test criteria as defined by the Rhode Island office of healthy aging and who is either sixty-five (65) years of age, or over, or who is a person with a disability to pay more than one-half (½) of any fare for bus rides; provided, however, that under no circumstances shall fares or charges for special service routes be discounted. Any person who is either sixty-five (65) years of age, or over, or who is a person with a disability, who does not satisfy the means-test criteria as heretofore provided, shall only be required to pay one-half (½) of the fare or charge for bus rides during off-peak hours, but shall not be eligible for a reduction during peak hours. For the purposes of this chapter, “peak hours,” “off-peak hours,” and “special service routes” shall be determined annually by the authority. The authority, in conjunction with the department of human services, shall establish an advisory committee comprised of seniors/persons with disabilities who are constituent users of the authority’s services to assist in the implementation of this section;
(ii) Any person who accompanies and is assisting a person with a disability when the person with a disability uses a wheelchair shall be eligible for the same price exemptions extended to a person with a disability by subsection (a)(7)(i). The cost to the authority for providing the service to the elderly shall be paid by the state;
(iii) Any person who accompanies and is assisting a passenger who is blind or visually impaired shall be eligible for the same price exemptions extended to the passenger who is blind or visually impaired by subsection (a)(7)(i). The cost to the authority for providing the service to the elderly shall be paid by the state;
(iv) The authority shall be authorized and empowered to charge a fare for any paratransit services required by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., in accordance with 49 C.F.R. Part 37;
(8) To borrow money and to issue bonds of the authority for any of its purposes including, without limitation, the borrowing of money in anticipation of the issuance of bonds or the receipt of any operating revenues or other funds or property to be received by the authority, and the financing of property to be owned by others and used, in whole or substantial part, by the authority for any of its purposes, all as may, from time to time, be authorized by resolution of the authority; the bonds to contain on their face a statement to the effect that neither the state nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon;
(9) To enter into management contracts for the operation, management, and supervision of any or all transit properties under the jurisdiction of the authority, and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;
(10) Without limitation of the foregoing, to borrow money from, to receive and accept grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining, repairing, constructing, and operating of transit property, and to enter into contracts, leases, or other transactions with any federal agency; and to receive and accept from the state, from any municipality, or other political subdivision thereof, and from any other source, aid or contributions of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which the grants and contributions may be made;
(11) To acquire in the name of the authority, by negotiated purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of condemnation to the extent only and in the manner as provided in this chapter, public and private lands, including public parks, playgrounds or reservations, or parts thereof, or rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable;
(12) To contract with any municipality, public or private company or organization, whereby the authority will receive a subsidy to avoid discontinuance of service, and each municipality within the state is hereby authorized to make and enter into such contracts and to make, grant, or give to the authority a subsidy in such amount and for such period of time as it may deem advisable;
(13) To operate open-door service from Rhode Island to and from locations in Massachusetts and Connecticut that are within five (5) miles of the Rhode Island border; and
(14) To do all things necessary, convenient, or desirable to carry out the purposes of this chapter.
(b) To effectuate the purposes of this chapter the authority shall have the following duties:
(1) To participate in and contribute to transportation planning initiatives that are relevant to the purposes of the authority;
(2) To plan, coordinate, develop, operate, maintain, and manage a statewide public transit system consistent with the purposes of the authority, including plans to meet demands for public transit where such demand, current or prospective, exceeds supply and/or availability of public transit services;
(3) To work with departments, agencies, authorities, and corporations of federal, state, and local government, public and private institutions, businesses, nonprofit organizations, users of the system, and other entities and persons to coordinate public transit services and provide a seamless network of mobility options.
History of Section. P.L. 1972, ch. 33, § 1; P.L. 1973, ch. 228, § 1; P.L. 1975, ch. 264, § 1; P.L. 1976, ch. 228, § 1; P.L. 1978, ch. 211, § 1; P.L. 1980, ch. 30, § 1; P.L. 1983, ch. 157, § 1; P.L. 1984, ch. 427, § 1; P.L. 1989, ch. 99, § 1; P.L. 1991, ch. 113, § 2; P.L. 1993, ch. 138, art. 30, § 4; P.L. 1997, ch. 129, § 1; P.L. 1997, ch. 326, § 120; P.L. 1999, ch. 83, § 89; P.L. 1999, ch. 130, § 89; P.L. 2001, ch. 70, § 1; P.L. 2001, ch. 225, § 1; P.L. 2007, ch. 504, § 1; P.L. 2007, ch. 518, § 1; P.L. 2015, ch. 141, art. 22, § 1; P.L. 2017, ch. 193, § 1; P.L. 2017, ch. 241, § 1.
(a) The authority shall have the power to establish reasonable rules of conduct for passengers for the protection of the health and safety of passengers and employees of the authority. The rules shall incorporate the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and § 28-5.1-7, chapter 28 of title 11, and chapter 87 of title 42 and be promulgated in accordance with the provisions of chapter 35 of title 42.
(b) All controversies arising out of application of any provision of this section shall be determined by the general manager, or his or her designated hearing officer, who shall afford a hearing to the passenger and/or his or her parent or guardian, and, after hearing, shall render a written decision. The decision of the general manager or hearing officer shall be final, except that the passenger aggrieved by the decision shall have a right of appeal to the superior court, which shall affirm the decision unless it is clearly erroneous or contrary to law. The hearing shall be conducted in accordance with the provisions of chapter 35 of title 42.
(c) Notice shall be provided to the RIde funding agency or agencies for any hearing regarding their client/passengers on RIde vehicles. A representative of the RIde funding agency or agencies may attend the hearing. The general manager or hearing officer will consider the recommendation of the RIde funding agency’s representative in rendering his/her decision.
(d) The decision of the general manager or hearing officer may include:
(1) Refusing to transport a person whose violation of the rules of the authority threatens the health and safety of passengers or employees of the authority, for a period not to exceed six (6) months; and/or
(2) Revoking a passenger’s ticket, pass, or other fare medium, regardless of the number of trips or time period for which the ticket, pass, or other fare medium is valid, if the passenger’s continued presence on an authority vehicle or at an authority facility threatens the health or safety of the authority’s other passengers or employees. The authority shall, within a reasonable time after such a revocation, refund to the passenger the unused value of the ticket, pass, or other fare medium.
(e) Nothing under this section precludes any other action permitted by law.
(f) All RIde buses shall be installed with passenger security cameras when federal funds become available for this purpose.
(g) Any person seeking employment as a RIde bus driver shall undergo a criminal background check to be initiated prior to or within one week of employment. All employees hired prior to the enactment of this subsection shall be exempted from its requirements.
(1) The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police, or local police department where he or she resides, for a statewide criminal records check. Fingerprinting shall not be required. Upon the discovery of any disqualifying information as defined in § 23-17-37, the bureau of criminal identification, the state police, or the local police department will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer, in writing, that disqualifying information has been discovered.
(2) An individual against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the ability of the individual to drive a RIde bus. In those situations in which no disqualifying information has been found, the bureau of criminal identification, state police, or local police department shall inform the applicant and the employer in writing of this fact.
(3) The criminal record check requirements of this section shall apply only to persons seeking to drive RIde buses.
History of Section. P.L. 1999, ch. 249, § 1; P.L. 2007, ch. 241, § 1; P.L. 2020, ch. 79, art. 1, § 10.
(a) Any alteration or elimination of any bus route within the system established by the authority pursuant to § 39-18-4 shall not take effect until a public hearing is held in the neighborhood(s) along the affected route.
(b) The public hearing shall take place at least thirty (30) days before the bus route change is scheduled to take effect in the neighborhood(s) along the affected route.
(c) The authority shall also prepare a neighborhood(s) impact statement prior to the public hearing, and provide it to those persons attending the public hearing, the governor, those members of the general assembly whose districts are affected by the change, and the mayor or town administrator of the city or town affected by the change.
(d) Nothing in this section shall be construed to apply to any temporary alteration of a bus route necessitated by including, but not limited to, temporary alterations occasioned by weather, construction activity, emergency, or unforeseen condition.
History of Section. P.L. 2018, ch. 181, § 1; P.L. 2018, ch. 276, § 1.
(a) Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the state, or of any political subdivision thereof, or a pledge of the faith and credit of the state, or of any political subdivision. All bonds shall contain, on the face thereof, a statement to the effect that neither the state nor any political subdivision thereof shall be obligated to pay the bonds, or the interest thereon, and that neither the faith and credit nor the taxing power of the state, or of any political subdivision thereof, is pledged to the payment of the principal of or the interest on the bonds.
(b) All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the provisions of this chapter, and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this chapter.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1983, ch. 157, § 1.
(a) The authority shall have the power to acquire any transit property or any interest therein by the exercise of the power of eminent domain.
(b) The necessity for acquisition shall be conclusively presumed upon the adoption by the authority of a resolution declaring that the acquisition of the transit property or interest therein described in the resolution is necessary to provide transit services. Within six (6) months thereafter, in the event of acquisition by eminent domain, the authority shall cause to be filed in the land evidence records of the city or town in which the transit property is located (for the purpose of this section, all personal property shall be deemed to be located in the city or town where the transit company has its principal place of business), a copy of the resolution of the authority, together with a description of the property or interest therein and a statement signed by the chairperson of the authority that the property is taken pursuant to the provisions of this chapter. Thereupon, the authority shall file in the superior court, in and for the county in which the transit property is located, a statement of the sum of any estimate by the authority to be just compensation for the property taken. If the property is located in more than one county, the statement shall be filed in the superior court in and for the county where the transit company has its principal place of business.
(c) Upon the filing by the authority of the copy of resolution, description, and statement in the land evidence records of the city or town, the filing in the superior court of the statement and the depositing in the superior court to the use of the persons entitled thereto of the sum as the court shall determine to be amply sufficient to satisfy the claims of all persons having an estate or interest in the property (and the court may in its discretion take evidence on the question to determine the sum to be deposited), title to the property shall vest in the authority absolutely and in fee simple, and the authority thereupon may take possession of the property. No sum so paid into the court shall be charged with clerk’s fees of any nature.
(d) After the filing of the copy of resolution, description, and statement, notice of the taking of the property shall be served upon the owners of and persons having an estate in or interest in the property by the sheriff or his or her deputies of the county in which the property is located, leaving a true and attested copy of the description and statement with each of the persons personally or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the property, or interest therein, taken of such absent persons if the same are known to the officer; and after the filing of the copy of resolution, description, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper, published or having general circulation in the county where the property, or interest therein, may be located, at least once a week for three (3) successive weeks. If any person shall agree with the authority for the price of the property or interest therein so taken, the court upon the application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceeding.
(e) Any owner of or persons entitled to any estate in or interest in any part of the real property or interest therein, so taken, who cannot agree with the authority for the price of the property or interest therein so taken in which he or she has an estate or interest as provided in this section, may, within three (3) months after personal notice of the taking, or, if he or she have no personal notice, may, within one year from the first publication of the copy of the resolution and statement, apply by petition to the superior court in and for the county in which the property, or interest therein, lies, setting forth the taking of his or her property, or interest therein, and praying for an assessment of damages. Upon filing of the petition, the court shall cause twenty (20) days’ notice of the pendency thereof to be given to the authority by serving the chairperson of the authority with a certified copy thereof, and may proceed after such notice to the trial thereof; and the trial shall determine all questions of fact relating to the value of property, or interest therein, and the amount thereof, and judgment shall be entered upon the verdict, and execution shall be issued therefor against the money so deposited in court and in default thereof against any other property of the authority. In case two (2) or more conflicting petitioners make claim to the same property, or to any interests therein, or to different interests in the same piece of property or parcel of land, the court upon motion shall consolidate their several petitions for trial at the same time, and may frame all necessary issues for the trial thereof; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court in and for the county in which such property, or interest therein, lies, be not in session in the county, then the trial may be heard in the superior court for the counties of Providence and Bristol.
(f) If any properties, or interests therein, in which any minor or other person not capable in law to act in his or her own behalf is interested, are taken by the authority under the provisions of this chapter, the superior court, upon the filing therein of any petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard on behalf of the minor or other persons; and the guardian may also, with the advice and consent of the superior court, and upon such terms as the superior court may prescribe, release to the authority all claims for damages for the lands of the minor or other person or for any interests therein. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of any minor or other person, may, before the filing of any petition, agree with the authority upon the amount of damages suffered by the minor or other person by any taking of his or her property, or of his or her interests in any property, and may, upon receiving the amount, release to the authority all claims for damages of the minor or other person for the taking.
(g) Whenever, from time to time, the authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons having estates or interests in the property, the court may order that the amount of any excess, including any interests or increment of any sums so deposited, shall be repaid to the authority. Whenever the authority has satisfied the court that the claims of all persons interested in land taken have been satisfied, the unexpended balance, including any interest or increment on any sums so deposited, shall be paid forthwith to the authority.
(h) At any time during the pendency of any proceedings for the assessment of damages for property or interests therein taken, or to be taken, by eminent domain by the authority, the authority or any owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 5; P.L. 1997, ch. 326, § 120.
(a) The authority is hereby authorized to provide, by resolution, for the issuance at one time, or from time to time, of bonds of the authority for any of its purposes. The bonds may be general obligations of the authority or special obligations payable only from particular funds. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be determined by the authority, and shall mature at such time or times not exceeding thirty (30) years from their date or dates as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. Temporary notes of the authority issued in anticipation of revenues to be received by the authority or in anticipation of the receipt of federal, state, or local grants or other aid shall mature no later than thirteen (13) months from their respective dates or six (6) months after the expected date of receipt of the grants or aid, whichever shall be later, and shall be in an amount not exceeding the limitations imposed by the last paragraph of this section. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or shall bear his or her facsimile signature, and the official seal of the authority, or a facsimile thereof, shall be impressed or imprinted thereupon and attested by the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be the officer before the delivery of the bonds, the signature or the facsimile shall, nevertheless, be valid and sufficient for all purposes the same as if he or she had remained in office until delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner either at public or private sale and for the price as it may determine will best effect the purposes of this chapter.
(b) The proceeds of the bonds of each issue shall be disbursed in the manner and under restrictions, if any, as the authority may provide in the resolution authorizing the issuance of the bonds or in the trust agreement described in § 39-18-8 securing the bonds.
(c) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds that shall become mutilated or shall be destroyed or lost. Except as provided in the following paragraph, bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things that are specifically required by this chapter.
(d) No bonds shall be issued by the authority unless, at the time of the adoption by the authority of the resolution authorizing the issuance of the bonds, the authority shall have received from the general manager or chief financial officer of the authority a certificate indicating that the payments of principal (including any payments made to a reserve fund other than payments made from bond proceeds) and interest on the bonds, together with the payments of the principal and interest on all other then outstanding bonds of the authority, will not exceed during any fiscal year of the authority eighty percent (80%) of the revenues (including, without limitation, grants and other aid) of the authority during the fiscal year. In determining the amount of the principal and interest payments to be made during any fiscal year, there shall be deducted any payments to be made from a reserve fund previously established to provide for the payments. The certificate shall be based upon the reasonable expectations (both as to the amount of revenues to be received by the authority and as to the maximum amount of any variable payments to be made on the bonds) of the officer of the authority executing the certificate at the time the certificate is delivered. The certificate shall describe with reasonable particularity the calculations of principal and interest payments and of anticipated revenues upon which the certificate is based. A copy of the certificate shall be furnished to the governor prior to the issuance of the bonds described in the certificate and, in the case of any bonds whose issuance, according to the certificate, is expected to result in the aggregate amount of principal and interest payments (calculated as above) on the bonds and all then outstanding bonds of the authority exceeding in any fiscal year of the authority fifty percent (50%) of the revenues of the authority, the bonds shall not be issued unless the governor shall have approved the issuance or not disapproved the issuance within thirty (30) days of the receipt of the certificate. Approval or disapproval of any bond issue by the governor shall be evidenced by delivery to the authority of a certificate approving or disapproving the issue or any part thereof.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 6; P.L. 1983, ch. 157, § 1; P.L. 1997, ch. 326, § 120.
Bonds issued under the provisions of this chapter may be secured by trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenues to be received, but shall not convey or mortgage any transit property or any part thereof. The trust agreement or resolution providing for the issuance of the bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, without limitation, covenants setting forth the duties of the authority in relation to the custody, safeguarding, and application of all moneys, and conditions or limitations with respect to the issuance of additional bonds. It shall be lawful for any bank or trust company incorporated under the laws of the state that may act as depositary of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any trust agreement or resolution may contain other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the authority’s cost of operation and maintenance. Bonds may also be secured by insurance or by letters of credit, or in any other manner deemed appropriate by the authority not inconsistent with the provisions of this chapter, or may be unsecured.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1983, ch. 157, § 1.
The authority is hereby authorized and empowered to fix and revise, from time to time, such schedules of service and rates of fare and charges for service furnished or operated as it determines to be reasonable. The schedules of service, rates of fare, and charges for service shall not be subject to supervision or regulation by any commission, board, bureau, or agency of the state or of any municipality or other political subdivision of the state; except as provided in § 39-18-4. Provided, however, any changes in frequency of services of more than fifteen percent (15%), providers of service, rates of service, other than systemwide changes, and charges for service shall be presented for comment in at least one public hearing scheduled in an accessible location in each county affected, and the hearing shall be scheduled in two (2) sessions, one during daytime business hours and one during evening hours. The revenues derived from the authority’s operations and any other funds or property received or to be received by the authority (including, without limitation, any funds or other property received or to be received by the authority pursuant to § 39-18-4(a)(10)), in whole or in part, at any time and from time to time, may be pledged to, and charged with, the payment of the principal of and the interest on some or all of the authority’s bonds as provided for in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. The pledge shall be valid and binding from the time when the pledge is made; the revenues, funds, or other property so pledged, and thereafter received by the authority, shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind, in tort, contract, or otherwise, against the authority, irrespective of whether the parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 7; P.L. 1983, ch. 157, § 1; P.L. 1987, ch. 517, § 1; P.L. 2008, ch. 475, § 21; P.L. 2020, ch. 79, art. 1, § 10.
All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority may, in the resolution authorizing the bonds or in the trust agreement securing the bonds, provide for the payment of the proceeds of the sale of the bonds and the revenues to be received to a trustee, which shall be any trust company or bank having the powers of a trust company within or without the state, which shall act as trustee of the bonds and hold and apply the bonds to the purposes of this chapter, subject to this chapter and to regulations as the resolution or trust agreement may provide, or may provide for the funds to be held in a separate account of the authority maintained at any bank within or without the state to be disbursed therefrom on the instructions of such officer or officers of the authority as may be so authorized and empowered by resolution of the authority.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1983, ch. 157, § 1.
Any holder of bonds issued under the provisions of this chapter, or any of the coupons pertaining thereto, and the trustee under any trust agreement related thereto, except to the extent the rights given in this chapter may be restricted by the trust agreement, may, by civil action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted in this chapter or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing and revising of schedules and rates of fare and charges for service.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1983, ch. 157, § 1; P.L. 1997, ch. 326, § 120.
The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state and for the increase of their commerce, maintenance, and increase of their transportation and general prosperity and for the improvement of their health, welfare, and living conditions and as the acquisition, operation, and maintenance by the authority of the transit properties acquired will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the facilities or upon any property acquired or used by the authority under the provisions of this chapter, or upon the income from the operation of the transit facilities. The bonds issued under the provisions of this chapter, their transfer, and income derived therefrom (including any profit made on the sale thereof) at all times shall be free from taxation within the state.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 8; P.L. 1983, ch. 157, § 1.
Bonds issued by the authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, credit unions, building and loan associations, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds are hereby made securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations is now or may hereafter be authorized by law.
History of Section. P.L. 1964, ch. 210, § 1.
Notwithstanding any of the foregoing provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter, all bonds shall be deemed to be negotiable instruments under the laws of this state.
History of Section. P.L. 1964, ch. 210, § 1.
(a) The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority, including temporary notes, then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of the bonds.
(b) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of the outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof, and may, pending application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on such date as may be determined by the authority.
(c) Any escrowed proceeds, pending such use, may be invested and reinvested in direct obligations of the United States of America, or in certificates of deposit or time deposits secured by direct obligations of the United States of America, maturing at such time or times as shall be appropriate to ensure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any investment may also be applied to payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner.
(d) All bonds shall be issued and secured and shall be subject to the provisions of this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1965, ch. 127, § 9; P.L. 1983, ch. 157, § 1.
The state does hereby pledge to and agree with any person, firm, corporation, or federal agency subscribing to or acquiring the bonds to be issued by the authority that the state will not limit or alter the rights hereby vested in the authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The state does further pledge to and agree with the United States and any other federal agency, that in the event that any federal agency shall contribute any funds for the acquisition and improvement of any transit property or for the authority’s operations or otherwise, the state will not alter or limit the rights and powers of the authority in any manner that would be inconsistent with the due performance of any agreements between the authority and the federal agency; and the authority shall continue to have and may exercise all powers granted in this chapter, so long as the powers shall be necessary or desirable for the carrying out of the purposes of this chapter.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 1983, ch. 157, § 1; P.L. 1997, ch. 326, § 120.
(a) Whenever the authority acquires transit property facilities under the provisions of this chapter, the authority shall continue the payment of all pensions and retirement allowances under and in accordance with the pension plan in effect at the time of the acquisition.
(b) As of the date of the acquisition of the transit property under the provisions of this chapter, such officers and employees, as may be determined by the authority to be qualified and necessary for the carrying on of the transit operations, shall be transferred to, and become officers and employees of, the authority, it being the intention hereof that transit property facilities acquired by the authority shall at all times be operated under personnel qualified to supervise mass transit facilities. No officer or employee so transferred and becoming an officer or employee of the authority in accordance with this section shall, by reason of the transfer, without his or her consent be removed, lowered in rank or compensation, or suspended except for just cause and for reasons specifically given to him or her in writing within twenty-four (24) hours after the removal, suspension, or transfer or lowering in rank or compensation; nor shall any officer or employee by reason of transfer, without his or her consent, be in any worse position in respect to workers’ compensation, pension, superannuation, sickness, or other benefits or other allowances granted by his or her previous employer to him or her, the widowed person, family, or personal representatives than he or she enjoyed under any person, firm, or corporation under whom he or she held his or her employment immediately prior to his or her transfer to the employment of the authority; provided, however, that the authority may abolish any office or post of any existing executive officer if in the opinion of the authority the office or post is an unreasonable addition to the staff of the authority. The authority shall have the authority to bargain collectively with labor organizations representing employees of the authority and to enter into agreements with the organizations relative to wages, salaries, hours, working conditions, health benefits, pensions, and retirement allowances of the employees.
(c) In case of any labor dispute where collective bargaining does not result in agreement, the authority shall offer to submit the dispute to arbitration by a board composed of three (3) persons, one appointed by the authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the authority. The member selected by the labor organization and the authority shall act as chairperson of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of ten (10) days from the date of the appointment of the two (2) arbitrators representing the authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American arbitration association to furnish a list of five (5) persons from which the third arbitrator shall be selected. The arbitrators appointed by the authority and the labor organization promptly after the receipt of the list, shall determine by lot the order of elimination, and, thereafter, each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. The term “labor dispute” shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions, but not limited thereto, and including any controversy concerning any differences or questions that may arise between the parties, including, but not limited to, the making or maintaining of collective bargaining agreements, the terms to be included in the agreements and the interpretation or application of the collective bargaining agreements and any grievances that may arise. Each party shall pay one-half (½) of the expenses of the arbitration.
History of Section. P.L. 1964, ch. 210, § 1.
(a) Any action taken by the authority under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution shall take effect immediately and need not be published or posted.
(b) Within ninety (90) days after the end of each fiscal year, the authority shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, permits considered and their disposition, rules or regulations promulgated, studies conducted, polices and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative, or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the authority; a summary of any training courses held pursuant to the provisions of this chapter; a briefing on anticipated activities in the upcoming fiscal year, and findings and recommendations for improvements. The report shall be posted electronically on the websites of the general assembly and the secretary of state pursuant to the provisions of § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.
(c) The director of administration shall cause an annual audit of the books, records, and accounts of the authority to be made and the costs thereof shall be treated as part of the cost of operation of the authority.
History of Section. P.L. 1964, ch. 210, § 1; P.L. 2006, ch. 103, § 5; P.L. 2006, ch. 144, § 5.
For the purposes of chapters 42 — 44 of title 28 and chapters 29 — 37 of title 28, and with respect to chapter 31 of title 9, and notwithstanding any inconsistent provisions of these chapters, the authority shall be deemed to be an instrumentality and a political subdivision of the state; provided, however, with respect to chapters 29 — 37 of title 28, the authority shall pay all benefits, required by law, until the authority ceases to exist. Thereafter, the payments shall be the obligation of the state.
History of Section. P.L. 1967, ch. 171, § 1; P.L. 1977, ch. 261, § 1; P.L. 1990, ch. 65, art. 19, § 2.
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
History of Section. P.L. 1964, ch. 210, § 1.
The authority shall use the services of the department of transportation in planning, designing, and constructing transportation services or facilities to the extent that these services are provided by the department of transportation. The authority may use any other services provided by the department of transportation. Nothing in this section shall modify any trust agreement entered into by the Rhode Island public transit authority in accordance with § 39-18-8, as amended prior to July 1, 1970.
History of Section. P.L. 1970, ch. 111, § 6.
The authority and the department of transportation shall be authorized and empowered to enter into agreements, between each other and with others, providing for the assignment to the authority of all or part of any grants, loan, or other money or property of whatever nature received, or to be received, by the department; and the department of transportation is hereby authorized and empowered to certify to the authority, or to others, the amount of funds or property from any federal agency or other source received, or to be received, or reasonably expected to be received, or applied for, which funds or property have been or will be or are expected to be assigned to the authority.
History of Section. P.L. 1983, ch. 157, § 2.
The general assembly shall appropriate annually a sum for the financial support of the operating expenses of the Rhode Island public transit authority from certain proceeds of the motor fuel tax reserved for this purpose pursuant to § 31-36-20. The total amount of state subsidy disbursements in any fiscal year shall not exceed the appropriation for that year. In the event that dedicated motor fuel tax revenues received during a fiscal year are not sufficient to support the appropriation for that year, the difference shall be transferred from the proceeds of the motor fuel tax imposed by chapter 36 of title 31. Funds appropriated to the authority pursuant to this section shall be administered by the department of transportation in accordance with procedures established jointly by the departments of transportation and administration. The authority shall annually submit to the department of transportation a comprehensive budget request for funds for the ensuing fiscal year. Prior to the beginning of each fiscal year, the authority shall enter into an agreement with the departments of administration and transportation establishing the conditions for payment of the available state and federal subsidies. The director of administration is authorized, from time to time, to advance funds from the general fund to the Rhode Island public transit authority to be used for the purpose of this section, in anticipation of transfers from the revenues reserved pursuant to § 31-36-20, provided that the aggregate of all advances less transfers, at any one time, shall not exceed the total amount of the annual appropriation.
History of Section. P.L. 1983, ch. 167, art. 8, § 2; P.L. 1985, ch. 181, art. 2, § 2; P.L. 1987, ch. 118, art. 3, § 1.
(a) All eligible employees of the Rhode Island public transit authority shall be entitled to purchase benefits set forth in § 36-12-2 at the same rate as the group rate paid by the state for the benefits.
(b) Payments for benefits shall be made by the authority directly to the general treasurer at the rate as calculated by the department of administration.
History of Section. P.L. 1990, ch. 65, art. 19, § 1.
(a) The Rhode Island public transit authority is authorized and directed, in consultation with the division of public utilities and carriers and the governor’s commission on disabilities, to develop the “John J. MacDonald, Jr. Transportation Initiative” for a statewide federally funded “New Freedom Program” to reduce barriers to transportation services and expand the transportation mobility options available to people with disabilities who need wheelchair-accessible transportation beyond the requirements of the Americans with Disabilities Act (ADA) of 1990, by September 30, 2010. The goal is to provide on-demand wheelchair-accessible taxicab service throughout the state, and especially at Rhode Island T.F. Green International Airport and the train stations.
(b) The administrator of the division of public utilities and carriers is authorized and directed to issue a regional wheelchair taxicab certificate after a hearing, in accordance with the provisions of chapter 35 of title 42, the administrative procedures act, to any qualified applicant therefore, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able to properly perform the service proposed and to conform to the provisions of chapter 14 of this title, and the requirements, orders, rules, and regulations of the administrator thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise the application shall be denied.
(c) The Rhode Island public transit authority is authorized and directed:
(1) To adopt rules and regulations for the implementation of the John J. MacDonald, Jr. transportation initiative; and
(2) Purchase up to two (2) wheelchair-accessible taxicabs for each regional wheelchair taxicab or public motor vehicle certificate holder, utilizing New Freedom — Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. § 101 et seq.) funds for eighty percent (80%) of the cost. The program or purchases thereunder shall be funded by federal grants and private funds only and shall not have a negative financial impact on the Rhode Island public transit authority’s operating budget. The operators of the wheelchair-accessible taxicabs shall be responsible for the twenty percent (20%) nonfederal match for purchase of the vehicles.
(d) The operators of the certified wheelchair-accessible taxicabs or public motor vehicles, and not the Rhode Island public transit authority, shall be responsible for all operating and maintenance costs of the wheelchair-accessible taxicabs or public motor vehicles.
(e) The Rhode Island public transit authority and the division of public utilities and carriers is authorized and directed to begin implementation of the “John J. MacDonald, Jr. Transportation Initiative” on or before January 1, 2011.
History of Section. P.L. 2010, ch. 201, § 1; P.L. 2010, ch. 210, § 1; P.L. 2021, ch. 32, § 9, effective June 1, 2021; P.L. 2021, ch. 36, § 9, effective June 1, 2021.
This chapter shall be known and may be cited as the “Transportation and Debt Reduction Act of 2011.”
History of Section. P.L. 2011, ch. 151, art. 22, § 1.
The general assembly finds that:
(1) Rhode Island now has, and for some years has had, a serious shortfall of funds available for the upkeep, maintenance, and repair of the state’s highways, roads, and bridges.
(2) Rhode Island now funds, and for some years has funded, the local twenty percent (20%) match required to bring federal transportation dollars into the state by means of selling bonds. This has proven unsustainable and creates unaffordable debt-service obligations for future generations of Rhode Island taxpayers.
(3) The health, safety, and convenience of Rhode Island’s citizens are seriously and adversely affected when the state’s highways, roads, and bridges are not kept in a proper state of upkeep, maintenance, and repair.
(4) A critically important function of the state in maintaining the health, safety, and welfare of all the people of Rhode Island is to ensure the proper upkeep, maintenance, and repair of the state’s highways, roads, and bridges.
(5) Rhode Island must consider all potential sustainable sources as a vehicle for maintaining and improving the transportation infrastructure of the state.
(6) Additional stable and secure funding sources are absolutely necessary in order for the state to carry out its essential functions, including the upkeep, maintenance, and repair of the state’s highways, roads, and bridges, and providing for the continued functioning and reliability of public transit. In order to avoid to the full extent possible the creation of enormous and unaffordable debt-service obligations for future generations of Rhode Islanders, these funding sources should be created on a pay-as-you-go basis, and bonding should be reduced to the fullest extent practicable.
History of Section. P.L. 2011, ch. 151, art. 22, § 1.
When used in this chapter:
(1) “Department of transportation” means the department created by chapter 13 of title 42.
(2) “Director” means the director of the Rhode Island department of transportation.
(3) “Highway maintenance” means the upkeep, maintenance, and repair of the state’s highways, roads, and bridges, including repaving or resurfacing the same.
(4) “State planning council” means the state planning council within the division of planning of the department of administration, as established by § 42-11-10.
(5) “Transportation improvement program” means the transportation improvement program that is created and amended from time to time by the state planning council.
History of Section. P.L. 2011, ch. 151, art. 22, § 1.
(a) There is hereby created a special account in the intermodal surface transportation fund as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.
(b) The fund shall consist of all those moneys that the state may, from time to time, direct to the fund, including, but not necessarily limited to, moneys derived from the following sources:
(1) There is imposed a surcharge of forty dollars ($40.00) per vehicle or truck, other than those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) each year through June 30, 2016. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, thirty dollars ($30.00) from July 1, 2015, through December 31, 2025, and forty dollars ($40.00) from January 1, 2026, and each year thereafter.
(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be as set forth below and shall be paid in full in order to register the vehicle or truck and upon each subsequent renewal:
| Plate Type | Surcharge | | --- | --- | | Antique | $ 10.00 | | Farm | $ 15.00 | | Motorcycle | $ 18.00 |
(ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;
(2) There is imposed a surcharge of twenty dollars ($20.00) per vehicle or truck, other than those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks subject to annual registration, to be paid annually by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be phased in at the rate of five dollars ($5.00) each year through June 30, 2016. The total surcharge will be five dollars ($5.00) from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30, 2015, fifteen dollars ($15.00) from July 1, 2015, through December 31, 2025, and twenty dollars ($20.00) from January 1, 2026, and each year thereafter.
(i) For registrations of the following plate types, the surcharge shall be as set forth below and shall be paid in full in order to register the plate, and upon each subsequent renewal:
| Plate Type | Surcharge | | --- | --- | | Boat Dealer | $ 11.25 | | Cycle Dealer | $ 11.25 | | In-transit | $ 10.00 | | Manufacturer | $ 10.00 | | New Car Dealer | $ 10.00 | | Used Car Dealer | $ 10.00 | | Racer Tow | $ 10.00 | | Transporter | $ 10.00 | | Bailee | $ 10.00 |
(ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;
(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars and twenty-five cents ($6.25) each year through June 30, 2015. The total surcharge will be six dollars and twenty-five cents ($6.25) from July 1, 2013, through June 30, 2014, twelve dollars and fifty cents ($12.50) from July 1, 2014, through December 31, 2025, and seventeen dollars and fifty cents ($17.50) from January 1, 2026, and each year thereafter;
(3) There is imposed a surcharge of forty dollars ($40.00) per license to operate a motor vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge will be phased in at the rate of ten dollars ($10.00) each year through June 30, 2016. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, thirty dollars ($30.00) from July 1, 2015, through December 31, 2025, and forty dollars ($40.00) from January 1, 2026, and each year thereafter. In the event that a license is issued or renewed for a period of less than five (5) years, the surcharge will be prorated according to the period of time the license will be valid;
(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31, shall be deposited into the Rhode Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees be transferred as follows:
(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;
(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;
(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and
(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be deposited;
(5) All remaining funds from previous general obligation bond issues that have not otherwise been allocated.
(c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this section shall be deposited in the Rhode Island highway maintenance account and shall be used only for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues to partially offset cost of collections.
(d) Unexpended balances and any earnings thereon shall not revert to the general fund but shall remain in the Rhode Island highway maintenance account. There shall be no requirement that monies received into the Rhode Island highway maintenance account during any given calendar year or fiscal year be expended during the same calendar year or fiscal year.
(e) The Rhode Island highway maintenance account shall be administered by the director, who shall allocate and spend monies from the fund only in accordance with the purposes and procedures set forth in this chapter.
History of Section. P.L. 2011, ch. 151, art. 22, § 1; P.L. 2013, ch. 144, art. 6, § 2; P.L. 2014, ch. 145, art. 21, § 7; P.L. 2017, ch. 302, art. 4, § 5; P.L. 2018, ch. 47, art. 8, § 3; P.L. 2018, ch. 346, § 27; P.L. 2019, ch. 88, art. 8, § 2; P.L. 2023, ch. 79, art. 2, § 7, effective June 16, 2023; P.L. 2025, ch. 278, art. 11, § 12, effective July 1, 2025.
(a) The monies in the highway maintenance fund to be directed to the department of transportation pursuant to § 39-18.1-4(b)(1) — (b)(3) shall be allocated through the transportation improvement program process to provide the state match for federal transportation funds, in place of borrowing, as approved by the state planning council. The expenditure of moneys in the highway maintenance fund shall only be authorized for projects that appear in the state’s transportation improvement program.
(b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the department of transportation will allocate necessary funding to programs that are designed to eliminate structural deficiencies of the state’s bridge, road, and maintenance systems and infrastructure.
(c) Provided, that beginning July 1, 2015, through June 30, 2025, five percent (5%) of available proceeds in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island public transit authority for operating expenditures.
(d) Provided, that beginning July 1, 2025, ten percent (10%) of available proceeds in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island public transit authority for operating expenditures.
(e) Provided, further, that from July 1, 2017, and annually thereafter, in addition to the amount above, the Rhode Island public transit authority shall receive an amount of not less than five million dollars ($5,000,000) each fiscal year, except for the period July 1, 2019, through June 30, 2022, during which such amount or a portion thereof may come from federal coronavirus relief funds.
History of Section. P.L. 2011, ch. 151, art. 22, § 1; P.L. 2014, ch. 145, art. 21, § 7; P.L. 2017, ch. 135, § 1; P.L. 2017, ch. 302, art. 4, § 6; P.L. 2017, ch. 326, § 1; P.L. 2019, ch. 88, art. 8, § 2; P.L. 2020, ch. 79, art. 1, § 11; art. 2, § 22; P.L. 2021, ch. 162, art. 2, § 6, effective July 6, 2021; P.L. 2025, ch. 278, art. 11, § 12, effective July 1, 2025.
If any of the provisions of this chapter or the applicability thereof is held invalid by any court of competent jurisdiction, the remainder of the provisions of this chapter shall not be affected thereby.
History of Section. P.L. 2011, ch. 151, art. 22, § 1.
“Community antenna television system” or “CATV” as used in this chapter shall mean and include the ownership or operation of a cable television system that receives video or audio signals, electrical impulses, or currents at a central antenna or electronic control center within this state and from which it distributes or transmits such signals, impulses, or currents by a cable or wire system to electronic equipment at a customer’s terminal point within this state.
History of Section. P.L. 1969, ch. 240, § 17; P.L. 2008, ch. 116, § 1; P.L. 2008, ch. 266, § 1.
Every company owning or operating a CATV plant in this state is hereby declared to be a communications carrier and, as such, subject to the jurisdiction of and to reasonable rules and regulations as the division may prescribe with reference to the erection and maintenance of distribution facilities and equipment in, under, above, along, across, and upon public highways, bridges, and public places in order to safeguard the safety of the customers and of the public and to preserve the environment and scenic assets of the state.
History of Section. P.L. 1969, ch. 240, § 17.
No person or company shall operate a CATV service unless there shall be in force for the same a valid certificate issued by the administrator authorizing the operation. Every application for a certificate shall be filed with the administrator on a form provided by him or her and shall contain verified answers to such questions and such information as the administrator may propound or require and shall be accompanied by a fee of fifty dollars ($50.00). All certificates shall be nonexclusive. Any additional certificate issued shall not contain terms or conditions more favorable or less burdensome than those imposed on the incumbent company. The administrator, within a reasonable time, shall fix the time and place of hearing on the application.
History of Section. P.L. 1969, ch. 240, § 17; P.L. 1989, ch. 142, § 1.
A certificate shall be issued by the administrator to an applicant therefor if the administrator finds that the applicant is of good character and is fit, willing, technically qualified, and financially able properly to perform the service proposed and to conform to the requirements, orders, rules, and regulations of the division, and that the proposed operation will be consistent with the public interest. No certificate shall be transferred except with the consent and approval of the administrator. The holder of a certificate shall be entitled to retain the same so long as the holder conforms to the orders, rules, and regulations of the division and pays an annual fee of fifty dollars ($50.00).
History of Section. P.L. 1969, ch. 240, § 17.
Each certificate shall specify the service to be rendered, the routes of aerial and underground feeder and distribution cables, the area of operation, and any plans, contracts, or arrangements for pole line attachments with a public utility or arrangements with a common carrier, and other appropriate feasibility plans.
History of Section. P.L. 1969, ch. 240, § 17.
The division shall supervise and regulate every CATV company operating within this state so far as may be necessary to prevent the operation from having detrimental consequences to the public interest, and for this purpose may promulgate and enforce such reasonable rules and regulations as it may deem necessary with reference to issuance of certificates, territory of operation, abandonment of facilities, elimination of unjust discrimination among subscribers, financial responsibility, and insurance covering personal injury and property damage, safety of equipment and operation, and filing of reports. No certificates shall be issued or remain valid unless the applicant has filed with the division and revised to keep current a schedule of rates and charges for its services. The rates and charges shall be reasonably compensatory so as not to encourage unfair or destructive competitive practices and shall be applied without discrimination. The cable television section of the division of public utilities and carriers shall take all necessary steps to ensure that Rhode Island shall regulate the rates charged by cable television companies to the full extent allowable under federal law; provided, however, the division shall hold public hearings and the cable television companies shall justify and explain at the hearings the necessity for all rate increases of regulated rates. This section shall constitute authority to make any and all certifications to the Federal Communications Commission required under the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385.
History of Section. P.L. 1969, ch. 240, § 17; P.L. 1993, ch. 46, § 1; P.L. 1999, ch. 188, § 1.
(a) The division shall be empowered to manage and operate public, education, and government (PEG) access television in Rhode Island; provided, however, that an existing cable television certificate holder may, at its sole discretion, and for as long as it desires to do so, elect to continue to manage a PEG access studio within its service area.
(b) In carrying out the purposes of this section, the division may designate another entity, whether public or private, to actually manage the day-to-day operations of any PEG access studios not being actively managed and operated by an existing cable television certificate holder. These day-to-day operations shall include the responsibility of programming statewide interconnect channels and managing interconnect playback in conjunction with the management of PEG playback.
(c) The division shall fund the operations authorized under this section through PEG access and interconnect fees, which shall be established by the division following public hearing and notice to the state’s cable television certificate holders. The fees shall be paid by the state’s cable television certificate holders which may in turn pass through such expenses to their respective subscribers in accordance with federal law.
(d) In furtherance of exercising this authority, the division shall promulgate such reasonable rules and regulations that the division deems necessary to carry out its responsibilities.
History of Section. P.L. 2013, ch. 144, art. 7, § 6.
(a) Every CATV company that receives a certificate from the administrator shall have the right to erect poles or posts or to construct any conduit or other facility or maintain cables, wires, or fixtures upon, under, or over any state or municipal highway or public place for the purpose of operating a CATV service, provided that a permit therefor has first been obtained from the director of transportation or the proper official of the city or town having jurisdiction over the roads or public places, which permission the officials are authorized to give.
(b) All equipment, fixtures, and facilities shall be so placed or constructed as not to unreasonably inconvenience travel on the highway or use thereof by public utilities or other persons or companies having rights therein.
History of Section. P.L. 1969, ch. 240, § 17; P.L. 1970, ch. 206, § 1.
(a) Whenever, in order to move a building to be used as affordable housing for low- and moderate-income persons for a period of not less than ten (10) years, a nonprofit housing development corporation desires that the poles, posts, conduits, cables, wires, or fixtures erected by a CATV company be cut, disconnected, or removed, the CATV company shall cut, disconnect, or remove the same at its own expense.
(b) A nonprofit housing development corporation that desires the cutting, disconnection, or removal of poles, posts, conduits, cables, wires, or fixtures of a CATV company shall give written notification to the commission and the CATV company at least thirty (30) days before the removal is desired. The written notification must contain the location of the site where the structure is presently located; the location of the final destination of the structure; the path of the proposed move, described in reference to the crossings of streets or highways; and the date of required cutting, disconnection, or removal.
(c) Upon receipt of the written notification described in § 39-2-15.1(b), the commission shall promptly determine whether the applicant is a nonprofit housing development corporation within the meaning of this chapter, and shall also determine whether the structure to be moved will be maintained as affordable housing for a period of not less than ten (10) years. A resolution, issued by the board of directors of the nonprofit housing development corporation and recorded at the land records office of the locality to where the structure is to be moved, stating that the structure will be used as affordable housing for a period of not less than ten (10) years, shall be satisfactory evidence that the requirements of this section have been satisfied. If the commission determines that the applicant satisfies the requirements of this section, it shall require that the CATV company undertake the actions as requested in the application on the date specified therein.
(d) If, at any time during the ten-year (10) period following the cutting, disconnection, or removal of the pipes, mains, poles, wires, conduits, or fixtures of a public utility, the nonprofit housing development corporation shall utilize the structure for any purpose other than affordable housing, the nonprofit housing development corporation shall reimburse the public utility for the cost of the cutting, disconnection, or removal of the same.
History of Section. P.L. 1988, ch. 580, § 4.
The commission may, after affording the holder an opportunity to be heard, revoke, suspend, or alter any certificate for willful violation of any provision of this chapter, or the rules and regulations or orders promulgated under the authority of this chapter, or for failure to commence operations within a reasonable time, or for other reasonable cause. If a holder of a certificate after commencing operations shall fail for a continuous period of sixty (60) days to render proper service without good reason therefor, the administrator shall revoke the certificate. In the exercise of the police power of the state, the commission may revoke or refuse to renew the license of any CATV company whose programs originating in this state have been adjudged by a court of competent jurisdiction to be obscene.
History of Section. P.L. 1969, ch. 240, § 17; P.L. 1983, ch. 314, § 1.
The administrator may, in his or her discretion, in lieu of seeking a suspension or revocation of a certificate as conferred under this chapter, impose upon its regulated CATV companies an administrative penalty. Any CATV company that violates any of the provisions of this chapter, or any division order, rule, or regulation issued or promulgated under this chapter, or does any act prohibited in this chapter, or fails or refuses to perform any duty enjoined upon it for which a penalty has not been provided, is subject to a penalty of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), and in the case of a continuing violation of any of the provisions of the chapter, every day’s continuance of a violation is a separate and distinct offense.
History of Section. P.L. 2000, ch. 188, § 1.
(a) The administrator shall determine the expenses of the division of public utilities and carriers associated with the regulation of operational community antenna television systems, including the cost of division personnel and consultants performing duties directly associated with the systems for each upcoming year. The administrator shall apportion and assess one hundred percent (100%) of the expenses among the several operating CATV franchise holders located in this state in the proportion that the gross revenue of each CATV franchise shall bear to the gross revenues of all of the CATV franchises issued and operational; provided, however, that the sum so apportioned and assessed shall not exceed three percent (3%) of any individual CATV franchise holder’s gross revenues. The sum so apportioned and assessed shall be in addition to any taxes payable to the state under any other provision of law.
(b) CATV franchise awardees that have received compliance-order certificates but have not received operational certificates shall be assessed two thousand five hundred dollars ($2,500) for any fiscal year in which they are franchised but not in operation.
(c) The administrator shall apply any budgetary balance or shortfalls from the preceding annual assessment toward the next fiscal year assessment.
(d) Upon collection from the several franchise holders operating in this state, assessments shall be deposited in the public utilities commission funding account as established pursuant to § 39-1-23. The moneys deposited in the public utilities commission funding account pursuant to this section shall be expended at the discretion of the administrator for meeting CATV related operations expenses of the division.
History of Section. P.L. 1980, ch. 337, § 1; P.L. 1984, ch. 209, § 1; P.L. 1990, ch. 65, art. 42, § 1; P.L. 1991, ch. 44, art. 10, § 1; P.L. 1995, ch. 332, § 1; P.L. 1998, ch. 365, § 1; P.L. 2000, ch. 150, § 1; P.L. 2010, ch. 23, art. 12, § 1.
Pursuant to the legislative intent that a tenant in a multiple dwelling unit shall have the freedom and right to select the provider of cable television, telephone, telecommunications, or information service to their living unit, without any restraints, limitations, or conditions imposed by a landlord, and to enable CATV operators or other telephone, telecommunications, or information service providers to offer meaningful choices to tenants of multiple dwelling or commercial units, a tenant in a multiple dwelling unit may subscribe to CATV, telephone, telecommunications, or information service, subject to the following provisions:
(1) A CATV operator or other telephone, telecommunications, or information service provider that affixes or causes to be affixed CATV, telephone, telecommunications, or information facilities to the dwelling or commercial unit of a tenant shall (i) Do so at no cost to the landlord of the dwelling, (ii) Indemnify the landlord for damages, if any, arising from the installation and/or the continued operation thereof, and (iii) Not interfere with the safety, functioning, appearance, or use of the dwelling or commercial unit, nor interfere with the reasonable rules and regulations of the owner dealing with the day-to-day operations of the property, including the owner’s reasonable access rules for soliciting business. Nothing in this subsection shall prohibit a landlord from contracting with the CATV operator or other telephone, telecommunications, or information service provider for work in addition to standard installation.
(2) No CATV operator or landlord shall enter into any agreement with persons owning, leasing, controlling, or managing a building served by a CATV system or perform any act that would directly or indirectly diminish or interfere with the rights of any tenant to use a master or individual antenna system.
(3)(i) A CATV operator or other telephone, telecommunications, or information service provider shall have the landlord’s consent to affix CATV system facilities that are necessary to either offer or provide service to a tenant’s dwelling or commercial unit by delivery to the owner, in person or by certified mail, return receipt requested, of a copy of this section and a signed statement that the CATV operator or other telephone, telecommunications, or information service provider will be bound by the terms of this section to the owner or lawful agent of the property upon which the CATV system facilities are to be affixed. A CATV operator or other telephone, telecommunications, or information service provider shall be permitted to affix CATV systems facilities pursuant to this subsection prior to receiving a request for service from a tenant.
(ii) The CATV operator or other service provider shall present and review with the owner prior to any installation, plans and specifications for the installation, and shall abide by reasonable installation requests by the owner. The CATV operator or other telephone, telecommunications, or information service provider will inspect the premises with the owner after installation to ensure conformance with the plans and specifications. The owner may waive, in writing, the prior presentation of the plans and specifications. The CATV operator or other telephone, telecommunications, or information service provider shall be responsible for the maintenance of any equipment installed on the owner’s premises and shall be entitled to reasonable access for maintenance. The CATV operator or other service provider shall also, prior to any installation, provide, upon the request of the owner, a certificate of insurance covering all the employees or agents of the installer, CATV operator, or other service provider as well as all equipment of the operator or other telephone, telecommunications, or information service provider.
(4) If the owner of any such real estate intends to require the payment of any sum in excess of a nominal amount, herein defined as one dollar ($1.00), in exchange for permitting the installation of CATV, telephone, telecommunications, or information system facilities to the dwelling or commercial unit of a tenant, the owner shall notify the CATV operator or other service provider by certified mail, return receipt requested, within twenty (20) days of the date on which the owner is notified that the CATV operator or other telephone, telecommunications, or information service provider intends to extend CATV telephone, telecommunications, or information system facilities to the dwelling or commercial unit of a tenant of the owner’s real estate. Absent such notice, it will be conclusively presumed that the owner will not require payment in excess of the nominal amount specified in this subsection for the connection.
(5) If the owner gives notice, the owner will, within thirty (30) days after giving notice, advise the CATV operator or other service provider in writing of the amount the owner claims as compensation for affixing CATV, telephone, telecommunications, or information system facilities to his or her real estate. If within thirty (30) days after receipt of the owner’s claim for compensation the CATV operator or other telephone, telecommunications, or information service provider has not agreed to accept the owner’s demand, the owner may bring an action in the superior court for the county in which the real estate is located to enforce the owner’s claim for compensation. The action shall be brought within six (6) months of the date on which the owner first made a demand upon the CATV operator or other telephone, telecommunications, or information service provider for compensation and not thereafter.
(6) It shall be presumed that reasonable compensation therefor shall be the nominal amount, but the presumption may be rebutted and overcome by evidence that the owner has a specific alternative use for the space occupied by CATV or other telephone, telecommunications, or information system facilities or equipment, the loss of which shall result in a monetary loss to the owner, or that installation of CATV or other telephone, telecommunications, or information system facilities or equipment upon the multiple dwelling or commercial unit will otherwise substantially interfere with the use and occupancy of the unit to an extent that causes a decrease in the resale or rental value of the real estate. In determining the damages to any real estate injured when no part of it is being taken, consideration is to be given only to such injury as is special and peculiar to the real estate, and there shall be deducted therefrom the amount of any benefit to the real estate by reason of the installation of CATV, telephone, telecommunications, or information system facilities.
(7) None of the foregoing steps to claim or enforce a demand for compensation in excess of the nominal amount shall impair or delay the right of the CATV operator, or other service provider to install, maintain, or remove CATV system facilities to a tenant’s dwelling or commercial unit on the real estate. The superior court shall have original jurisdiction to enforce the provisions of this subsection.
(i) In the event that the superior court determines that any individual or entity has unreasonably interfered with the rights granted to tenants, CATV operators, or other service providers as set forth in this subsection, the superior court may award the party seeking enforcement its reasonable attorney’s fees and costs.
(ii) Nothing contained herein shall impair the right of a tenant of a multiple dwelling unit or a CATV operator, or other telephone, telecommunications, or information service provider to pursue any other remedies that may be available at law or in equity.
(8) It shall be an unfair trade practice under chapter 13.1 of title 6 for any person owning, leasing, or managing any multiple dwelling unit served by a CATV system or other telephone, telecommunications, or information service provider to discriminate in rental charges or other charges to tenants based on the tenants’ subscription to a CATV, telephone, telecommunications, or information service from and after June 25, 1986, or to demand or accept payment, except as provided in this section, for the affixing of CATV, telephone, telecommunications, or information facilities to a tenant’s dwelling or commercial unit; provided, however, that this subsection shall not apply to contracts entered into on or before June 25, 1986.
History of Section. P.L. 1986, ch. 257, § 1; P.L. 2006, ch. 222, § 1; P.L. 2008, ch. 116, § 1; P.L. 2008, ch. 266, § 1.
A tenant in a mobile or manufactured home park may subscribe to CATV service, subject to the following provisions:
(1) A CATV operator that affixes, or causes to be affixed, CATV facilities to the dwelling of a tenant shall (i) Do so at no cost to the landlord of such mobile or manufactured home park, (ii) Indemnify the landlord for damages, if any, arising from the installation and/or the continued operation thereof, and (iii) Not interfere with the safety, functioning, appearance, or use of the mobile or manufactured home park, nor interfere with the reasonable rules and regulations of the owner dealing with the day-to-day operations of the property, including the owner’s reasonable access rules for soliciting business. Nothing in this subsection shall prohibit a landlord from contracting with the CATV operator for work in addition to standard installation.
(2) No CATV operator shall enter into any agreement with persons owning, leasing, controlling, or managing a mobile or manufactured home park served by a CATV system or perform any act that would directly or indirectly diminish or interfere with the rights of any tenant to use a master or individual antenna system.
(3)(i) A CATV operator shall have the landlord’s consent to affix CATV system facilities that are necessary to either offer or provide service to a privately owned utility pole within the mobile or manufactured home park by delivery to the owner, in person or by certified mail, return receipt requested, of a copy of this section and a signed statement that the CATV operator will be bound by the terms of this section to the owner or lawful agent of the property upon which the CATV system facilities are to be affixed. A CATV operator or other telephone, telecommunications, or information service provider shall be permitted to affix CATV systems facilities pursuant to this subsection prior to receiving a request for service from a tenant.
(ii) The CATV operator shall present and review with the owner prior to any installation, plans and specifications for the installation, and shall abide by reasonable installation requests by the owner. The CATV operator will inspect the premises with the owner after installation to ensure conformance with the plans and specifications. The owner may waive in writing the prior presentation of the plans and specifications. The CATV operator shall be responsible for the maintenance of any equipment installed on the owner’s premises and shall be entitled to reasonable access for maintenance. The CATV operator shall also, prior to any installation, provide, upon the request of the owner, a certificate of insurance covering all the employees or agents of the installer or CATV operator as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intends to require the payment of any sum in excess of a nominal amount, herein defined as the amount paid by the CATV operator to utility companies for installation of similar facilities on their poles, in exchange for permitting the installation of CATV system facilities to the privately owned utility pole, the owner shall notify the CATV operator by certified mail, return receipt requested, within twenty (20) days of the date on which the owner is notified that the CATV operator intends to install CATV system facilities on the privately owned utility pole within the mobile or manufactured home park. Absent such notice, it will be conclusively presumed that the owner will not require payment in excess of the nominal amount specified in this subsection for the connection.
(5) If the owner gives notice, the owner will, within thirty (30) days after giving notice, advise the CATV operator in writing of the amount the owner claims as compensation for affixing CATV system facilities to his or her privately owned utility pole. If within thirty (30) days after receipt of the owner’s claim for compensation, the CATV operator has not agreed to accept the owner’s demand, the owner may bring an action in the superior court for the county in which the real estate is located to enforce the owner’s claim for compensation. The action shall be brought within six (6) months of the date on which the owner first made a demand upon the CATV operator for compensation and not thereafter.
(6) It shall be presumed that reasonable compensation therefor shall be the nominal amount, but the presumption may be rebutted and overcome by evidence that the owner has a specific alternative use for the space occupied by CATV system facilities or equipment, the loss of which shall result in a monetary loss to the owner, or that installation of CATV system facilities or equipment upon the privately owned utility pole will otherwise substantially interfere with the use and occupancy of the pole to an extent that causes a decrease in the resale or rental value of the real estate. In determining the damages to any real estate injured when no part of it is being taken, consideration is to be given only to such injury as is special and peculiar to the real estate, and there shall be deducted therefrom the amount of any benefit to the real estate by reason of the installation of CATV system facilities.
(7) None of the foregoing steps to claim or enforce a demand for compensation in excess of the nominal amount shall impair or delay the right of the CATV operator to install, maintain, or remove CATV system facilities to a tenant’s dwelling on the real estate. The superior court shall have original jurisdiction to enforce the provisions of this subsection.
(i) In the event that the superior court determines that any individual or entity has unreasonably interfered with the rights granted to tenants, CATV operators, or other service providers as set forth in this subsection, the superior court may award the party seeking enforcement its reasonable attorney’s fees and costs.
(ii) Nothing contained herein shall impair the right of a tenant or a CATV operator or other telephone, telecommunications, or information service provider to pursue any other remedies that may be available at law or in equity.
(8) It shall be an unfair trade practice under chapter 13.1 of title 6 for any person owning, leasing, or managing any mobile or manufactured home park served by a CATV system to discriminate in rental charges or other charges to tenants based on the tenants’ subscription to a CATV service from and after July 1, 1987, or to demand or accept payment, except as provided in this section, for the affixing of CATV facilities to a privately owned utility pole within the mobile or manufactured home park provided, however, that this subsection shall not apply to contracts entered into on or before July 1, 1987.
(9) For the purposes of this section, the phrase “privately owned utility pole” refers to a utility pole that is owned by a person or entity other than a public utility or municipal corporation providing electric or telecommunications services.
History of Section. P.L. 1987, ch. 239, § 1; P.L. 2008, ch. 116, § 1; P.L. 2008, ch. 266, § 1.
Subscribers to cable television may terminate service at any time by requesting disconnection and returning all equipment to the CATV company.
History of Section. P.L. 1986, ch. 257, § 1.
The cable television section of the division of public utilities and carriers shall conduct a study of the billing and termination practices of cable television companies throughout the New England region. This study shall focus on the practice of advance billing by cable television companies and positive or negative effects on subscribers associated with prohibiting the practice. The study shall also include the financial impact of a prohibition of advanced billing on cable television companies and their subscribers including any technical barriers to prohibiting advance billing. The division shall submit a report to the house corporations committee on or before October 30, 1993. All costs associated with this study shall be billed directly to cable television companies pursuant to § 39-19-9.
History of Section. P.L. 1993, ch. 46, § 2.
No subscriber to a cable television service shall be subject to an assessment of a late fee on a monthly billing unless the payment is at least forty-five (45) days past the close of the billing period that is the subject of the statement. A cable television operator shall not impose a late fee unless the bill contains a clear and conspicuous notice of when the late fee is to be imposed consistent with this section.
History of Section. P.L. 1993, ch. 46, § 2.
(a) The cable television company making an application or filing to the division, or subject to a division investigation, shall be charged with and shall pay the expenses reasonably so incurred by the division for the purchase of materials, and for the employment of legal counsel, official stenographers, engineers, accountants, and expert witnesses and for travel, advertising expense, hearing site expense, and other necessary expenses as are reasonably attributable to the investigation or the hearing of the application or filing by the division.
(b) The total amount that may be charged to any cable television company under authority of this section for proceedings before the division in any calendar year shall not exceed forty thousand dollars ($40,000).
(c) The administrator shall ascertain the expenses and shall determine the amount to be paid by the cable television company or companies, and bills shall be rendered therefor, either at the conclusion of the investigation or hearing, or from time to time during its progress, and the amount of each bill so rendered shall be paid by the cable television company to the administrator within thirty (30) days from the date of its rendition unless, within the thirty-day (30) time period, the cable television company so billed shall request an opportunity to be heard by the division as to the amount thereof. The division shall comply with any such request. Any amount of the bill not paid within thirty (30) days from the date of service of the determination upon the hearing, or, if none shall be requested, within thirty (30) days from the date of rendition of the bill, shall draw interest at the rate of twelve percent (12%) per annum. At the discretion of the administrator, cable television companies may be prebilled for contractual services utilized by the division. Any revenue received, but not expended upon the completion of the case, will be promptly reimbursed to the cable television company.
(d) Any person or company making an application to the division for the issuance of a CATV certificate shall be charged with and pay all expenses reasonably incurred by the division in supplying materials and for the employment of legal counsel, official stenographers, engineers, accountants, and expert witnesses, and for travel and other necessary expenses as are reasonably attributable to the investigation or the hearing of the application proposal. Applicants shall pay those fees in full prior to the hearing process commencing unless the administrator agrees to an alternate payment schedule. All fees collected by the division shall be deposited with the general treasurer and appropriated to the division. The administrator is authorized and directed to draw his or her orders upon the general treasurer for payment of any sum or sums as may be necessary, from time to time, and upon receipt by him or her of authenticated vouchers presented by the administrator. Failure of the applicant to pay expenses lawfully assessed by the administrator shall constitute grounds for suspension of regulatory proceedings or revocation of any certificate granted, until the applicant has paid the expenses.
History of Section. P.L. 1995, ch. 329, § 1; P.L. 2001, ch. 28, § 1; P.L. 2001, ch. 67, § 1.
Since reliable and economic bulk electric power supply is essential to the safety, health, morals, and welfare of the state and to the sound growth of the communities therein, and in order to promote the general welfare and insure the future power needs of the inhabitants of this state, it is hereby declared to be in the public interest and for a public purpose:
(1) That electric utilities operating in the New England states be permitted to participate together in the common ownership of electric-generating facilities that will contribute towards a reliable bulk power supply in New England, achieve increased reliability and economies of generation, and thereby promote lower overall cost of power within the state;
(2) That such advantages can be obtained through joint planning, ownership, operation, and use, or any combination thereof, of electric-generating facilities within or without the state for the generation of electricity to be consumed within or without the state;
(3) That domestic electric utilities be authorized and granted rights both within and without the state to participate in the ownership of electric-generating facilities; and
(4) That foreign electric utilities be authorized and granted rights within this state to own or participate in the ownership of electric-generating facilities.
History of Section. P.L. 1975, ch. 215, § 1.
In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
(1) “Commission” means the public utilities commission.
(2) “Division” means the division of public utilities and carriers.
(3) “Domestic electric utility” means an electric utility organized under the laws of, or having its principal place of business in, this state.
(4) “Electric-generating facilities” means electric-generating units rated five hundred megawatts (500 MW) or above, and generating stations in commercial generation on or before January 1, 1990, that are subsequently altered or modified to increase the rating of these stations by at least two hundred megawatts (200 MW), and related facilities including those for the transmission of the capacity and related energy from these units or stations.
(5) “Electric utility” means any individual, partnership, corporation, association, or entity, or subdivision thereof, private, governmental, or other, wherever resident or organized, primarily engaged in the generation and sale or purchase and sale of electricity, or the transmission thereof, for ultimate consumption by the public.
(6) “Foreign electric utility” means any electric utility other than a domestic electric utility.
History of Section. P.L. 1975, ch. 215, § 1; P.L. 1976, ch. 334, § 1; P.L. 1990, ch. 171, § 1.
Notwithstanding any contrary provisions of any general or special law relating to the powers and authorities of domestic electric utilities or any limitation imposed by their charters (which are hereby amended), but subject to the provisions of this title and this chapter, a domestic electric utility shall have the following additional powers:
(1) Jointly or separately to plan, finance, construct, purchase, operate, maintain, use, share costs of, own, mortgage, lease, sell, provide services for, dispose of, or otherwise participate in electric-generating facilities, or portions thereof, within or without the state, or the product or service therefrom, or securities issued in connection with the financing of electric-generating facilities or portions thereof;
(2) To enter into and perform contracts for joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, providing services for, disposal of, or other participation in electric-generating facilities, or portions thereof, within or without the state, or the product or service therefrom, or securities issued in connection with the financing of electric-generating facilities or portions thereof, including, without limitation, contracts for the payment of obligations imposed without regard to the operational status of a facility or facilities and contracts with domestic or foreign electric utilities for the sale or purchase of electricity from an electric-generating facility or facilities for long or short periods of time or for the life of a specific electric-generating unit or units; and
(3) To enter into and perform contracts for the transmission both within or without the state of the capacity and related energy from a specifically identified electric-generating facility, wherever located, to its own retail service territory, or to any purchaser of such capacity and related energy; provided, however, that nothing in this section shall be construed to authorize a domestic electric utility to sell electricity at wholesale or retail within or without this state unless:
(i) The sale is authorized under its charter or the general or special laws of this state other than this chapter; or
(ii) The sale constitutes a sale of capacity and related energy from a specifically identified electric-generating facility or a sale of economy, backup, and other energy therefrom.
History of Section. P.L. 1975, ch. 215, § 1.
(a) Notwithstanding the provisions of §§ 7-1.2-1401 and 7-1.2-1402, and any other provision of any general or special law relating to the rights of foreign corporations to transact business in this state and to produce a certificate of authority under chapter 1.2 of title 7 to transact business, limiting the powers, rights, and privileges of a foreign corporation procuring a certificate, and establishing the duties, restrictions, penalties, and liabilities imposed on a foreign corporation, but subject to the provisions of this chapter, a foreign electric utility:
(1) Shall have the right to transact business in this state to the extent necessary or desirable to exercise the powers set forth in § 39-20-3 in connection with electric-generating facilities or portions thereof located within this state or the product or service therefrom or securities issued in connection with the financing of the facilities or portions thereof;
(2) Shall be entitled to procure a certificate of authority under chapter 1.2 of title 7 to transact business; and
(3) Shall have within this state the powers set forth in § 39-20-3 in connection with electric-generating facilities or portions thereof located within this state, or the product or service therefrom, or securities issued in connection with the financing of facilities or portions thereof.
(b) Nothing in this section shall be construed to authorize a foreign electric utility to sell electricity at wholesale or retail within this state unless:
(1) The sale is authorized under its charter or the general or special laws of this state other than by this chapter; or
(2) The sale constitutes a sale of capacity and related energy from a specifically identified electric-generating facility within this state or a sale of economy, backup, or other energy therefrom. Nonregulated power producers shall not be subject to this subsection.
History of Section. P.L. 1975, ch. 215, § 1; P.L. 1976, ch. 332, § 1; P.L. 1996, ch. 316, § 1; P.L. 2005, ch. 36, § 25; P.L. 2005, ch. 72, § 25.
(a) A foreign electric utility, in order to procure a certificate of authority to transact business in this state pursuant to this chapter, shall make application therefor to the secretary of state pursuant to the provisions of §§ 7-1.2-1405 and 7-1.2-1406 and shall be subject to §§ 7-1.2-1403 — 7-1.2-1418, 7-1.2-1501 and 7-1.2-1601 — 7-1.2-1604.
(b) A foreign public utility that has received a certificate of authority to transact business in this state pursuant to this chapter:
(1) Shall, before owning or operating an electric-generating facility in this state, notify the commission of the action to be taken by it;
(2) Shall thereafter furnish to the commission annually a copy of the annual report filed by it with the utility regulatory agency of the state of its domicile or principal locus; and
(3) Shall furnish to the commission, from time to time, such other information with respect to its activities in the state as the commission may reasonably request.
History of Section. P.L. 1975, ch. 215, § 1; P.L. 2005, ch. 36, § 25; P.L. 2005, ch. 72, § 25.
If any domestic or foreign electric utility acquires or owns an interest as a tenant in common with one or more other domestic or foreign electric utilities in any electric-generating facility in this state, the surrender or waiver by any owner of the property of the right to partition the property for a period not exceeding the period for which the property is used or useful for electric utility purposes, shall not be invalid or unenforceable by reason of the length of the period, nor shall such surrender or waiver be construed as unduly restricting the alienation of the property.
History of Section. P.L. 1975, ch. 215, § 1.
(a) The interests of domestic electric utilities and foreign electric utilities in all electric-generating facilities located in this state shall be liable to taxation by the cities and towns under the provisions of chapters 3 — 5 of title 44. To the extent that the interests may be exempt from taxation because: (1) The interests are owned by a quasi-municipal corporation that is exempt by the provisions of its charter from taxation by the city or town assessing the tax; or (2) The interests are owned by an individual, partnership, corporation, association, or entity that is exempt from taxation by any general or special law, the owners shall make payments to the city or town in lieu of those taxes in the same amounts as the taxes that would have been assessed were they not exempt. The payments in lieu of taxes to be made under this section shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law, including appeals, now and hereafter in effect applicable to the levy, assessment, collection, cancellation, and abatement of the taxes.
(b) Legislative consent is hereby given to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof to any domestic electric utility that has acquired or has an interest in an electric-generating facility or a portion thereof without the state or is otherwise acting without the state pursuant to powers granted in this chapter.
History of Section. P.L. 1975, ch. 215, § 1; P.L. 1997, ch. 326, § 121.
Legislative consent is hereby given to the application of regulatory and other laws of other states and of the United States to any domestic electric utility that has acquired or has an interest in an electric-generating facility or a portion thereof without the state or is otherwise acting without the state pursuant to authority granted in this chapter.
History of Section. P.L. 1975, ch. 215, § 1.
[Repealed]
History of Section. P.L. 1975, ch. 215, § 1; Repealed by P.L. 1976, ch. 332, § 2.
(a) The purposes for which a domestic public utility may issue stocks, bonds, or other evidences of indebtedness, payable more than twelve (12) months from date of issue, pursuant to §§ 39-3-15, 39-3-17 — 39-3-19, and 39-3-21 shall include the acquisition of ownership of, or other interests in, electric-generating facilities, within or without this state, or portions thereof.
(b) Notwithstanding the provisions of § 39-3-20, any foreign electric utility, other than a governmental entity, that owns and operates any electric-generating facilities within this state or portions thereof shall be subject to the provisions of §§ 39-3-15, 39-3-17 — 39-3-19, and § 39-3-21 and other regulatory laws within the state with respect to any financing of the cost of its acquisition of ownership of or other interests in the electric-generating facilities, including the issuance of stocks, bonds, or other evidences of indebtedness payable more than twelve (12) months from the date of issue; provided, however, that it shall be exempt from the provisions of this subsection upon the filing with the commission of certification by a regulatory commission of the state of domicile or principal locus of the foreign electric utility, or of the United States, that the regulatory commission has regulatory jurisdiction over the financing of the foreign electric utility.
History of Section. P.L. 1975, ch. 215, § 1.
For purposes of § 39-1-30, any domestic and foreign electric utility that owns or participates in the ownership of any plant, building, wires, conductors, fixtures, structures, equipment, or apparatus in this state pursuant to this chapter shall be considered a company under the supervision of the commission.
History of Section. P.L. 1975, ch. 215, § 1.
This chapter shall be construed in all respects so as to meet all constitutional requirements. Except as expressly provided for in this chapter, the provisions of this chapter shall not affect the interpretation of other laws. If any provision of this chapter shall be held unconstitutional, the unconstitutionality shall not affect any other provisions.
History of Section. P.L. 1975, ch. 215, § 1; P.L. 1997, ch. 326, § 121.
It is hereby found and disclosed that:
(1) E-911 uniform emergency telephone system is a feasible service and would be beneficial for the citizens of Rhode Island;
(2) E-911 uniform emergency telephone system employs features that contribute to the protection of life and property and add to the operational efficiency of various public safety agencies;
(3) E-911 uniform emergency telephone system affords our residents a more simple and faster means to request assistance in an emergency and, in addition, enables the various agencies to process emergency calls in a more efficient manner than at present;
(4) E-911 uniform emergency telephone system benefits are extremely valuable and this service would be an enhancement to the quality of life throughout our state; and
(5) Changes in consumer habits require that the state E-911 uniform emergency telephone system take the steps necessary to ensure that its operating capabilities are in line with new technologies and practices.
History of Section. P.L. 1984, ch. 155, art. 6, § 1; P.L. 2016, ch. 516, § 1.
There is hereby established within the department of public safety the E-911 uniform emergency telephone system division with all powers and authority necessary for acquiring, planning, designing, constructing, extending, improving, operating, maintaining, and updating the uniform emergency telephone system in this state to conform with national standards and support national internetworking of 9-1-1 services.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 2008, ch. 100, art. 9, § 8; P.L. 2016, ch. 516, § 1.
(a) The governor shall appoint an associate director of the E-911 uniform emergency telephone system division who shall direct the affairs of the division. The division may employ technical experts, and other officers, agents, and attorneys, and fix their qualifications, duties, and compensation. The associate director and the technical experts, officers, agents, and attorneys so employed shall be in the unclassified service of the state. The division may employ other employees, permanent and temporary, and the employees shall be in the unclassified service of the state. The division may delegate to one or more of its agents or employees such administrative duties as it may deem proper.
(b) The department of administration shall furnish the division with suitable offices and telephone service in the state house, state office building, or some other location, for the transaction of business.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 2008, ch. 100, art. 9, § 8.
(a) There shall be an E-911 uniform emergency telephone system advisory commission consisting of fourteen (14) members to be appointed in the following manner: five (5) members shall be the director of the department of health, or his or her designee, the fire marshal, or his or her designee, the colonel of the Rhode Island state police, or his or her designee, the state telecommunications director, or his or her designee, and the administrator of the division of public utilities and carriers, or his or her designee; three (3) members shall be appointed by the speaker of the house: one of whom shall be a member of the house of representatives, and one of whom shall be a representative of the police chiefs’ association, and one of whom shall be a representative of the telecommunication services provider that is the primary provider to the E-911 PSAP; three (3) members shall be appointed by the president of the senate: one of whom shall be a member of the senate, one of whom shall be a representative of the fire chiefs’ association, and one of whom shall be a representative of the wireless telecommunication industry; and three (3) members shall be appointed by the governor: two (2) of whom shall be representatives of the public, and one of whom shall be a representative of the Rhode Island League of Cities and Towns.
(b) Members of the commission shall serve five-year (5) terms, except for ex officio members.
(c) The advisory commission may make such recommendations and give such advice to the executive director of the division as it deems appropriate.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1998, ch. 150, § 2; P.L. 2001, ch. 180, § 82.
(a) Wherever in the Rhode Island general laws, chapters 21 and 21.1 of title 39, reference is made to the “E-911 uniform emergency telephone system,” or to “the E-9-1-1 Uniform Emergency Telephone System Authority,” or to “the E-9-1-1 authority,” or to “the division” or to “E-9-1-1” or to “Next Generation 9-1-1,” or “NG 9-1-1” or “Text-to-9-1-1,” as an entity, it shall be deemed to mean the E-911 uniform emergency telephone system division within the executive department.
(b) Wherever in the Rhode Island general laws, chapters 21 and 21.1 of title 39, reference is made to “the project” or to “911 system,” it shall be deemed to mean the E-911 uniform emergency telephone system and its respective functions and operations.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 2002, ch. 206, § 1; P.L. 2002, ch. 261, § 1; P.L. 2016, ch. 516, § 1.
(a) The division shall have full and complete authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.
(b) The division, or any officers or executives designated by it, may act as agent of the federal government in accordance with the requirements of any federal legislation related to federal assistance.
(c) The division is hereby authorized to accept the provisions of any federal legislation, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the associate director or such other person or persons as the governor or director of public safety may designate.
(d) The division may enter into all necessary contracts and agreements with the federal or state governments, or any agency thereof, necessary or incident to the project, and all contracts and agreements shall be signed in the name of the division by the associate director or some other person or persons designated by the governor or director of public safety.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 2008, ch. 100, art. 9, § 8.
Whenever it shall be necessary to obtain assistance from the federal or state government in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for the execution of the project, the division may make all necessary applications for such purposes. All applications shall be made in writing in the name of the division and shall be duly signed by the associate director or other person or persons as the governor or director of public safety may designate.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 2008, ch. 100, art. 9, § 8.
The division may, for the purpose of carrying out the project or any part thereof authorized by this chapter, accept or use any federal or state funds or assistance, or both, provided thereof under any federal or state law. In the event that federal or state funds or assistance are made available for execution of the project, the project shall be carried out and executed in all respect subject to the provisions of the appropriate federal and state laws providing for the construction and operation of such projects, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with such federal and state law, rules, and regulations, as the division may establish to ensure the proper execution of the project.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1997, ch. 326, § 122.
All money paid to the division by the federal government for the purpose of executing a project shall be received by the general treasurer and by him or her deposited in the fund, and the division shall forthwith use the money for the payment of debt service on, or the recall or the redemption of, bonds and notes issued by the state in anticipation of federal project payments.
History of Section. P.L. 1989, ch. 126, art. 36, § 5.
With the exception of money received by the division from the sale or licensing of communications and educational materials regarding the use of 911 as a uniform emergency telephone number and system, all money received by the division for the use of the facilities of the project shall be paid over to the general treasurer and by him or her deposited in the fund. All money in the fund is hereby appropriated by the provisions of the chapter to be expended by the division for administration and all expenses relating to the planning, construction, equipping, operation, and maintenance of the project; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may be necessary from time to time. All money received by the division for the sale or licensing of communications and educational materials as described in this chapter shall be deposited into a separate account or fund by the general treasurer for the sole restricted purpose of financially supporting the creation, distribution, and use of public educational materials regarding the use of 911 as a uniform emergency telephone number and system. For these purposes, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may be necessary, from time to time, as determined by the associate director, or his or her designee.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1997, ch. 326, § 122; P.L. 2008, ch. 100, art. 9, § 8; P.L. 2020, ch. 79, art. 1, § 12.
The division may adopt rules and regulations, or any amendment to existing rules and regulations, according to the provisions of chapter 35 of title 42. The division shall also give notice thereof, prior to the effective date thereof, by sending by registered or certified mail a copy thereof to each person interested therein who shall have registered with the division his or her name and address, with a request to be so notified. Review of the rules may be had as provided in chapter 35 of title 42.
History of Section. P.L. 1989, ch. 126, art. 36, § 5.
The telephone common carrier shall recover the necessary capital and operating costs of providing access for E-911 within the common carrier’s tariff rates for E-911 service. The common carrier is directed to establish and file with the public utilities commission a tariff with rates recovering the capital and operating costs of providing access to the network.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1989, ch. 126, art. 45, § 1; P.L. 1992, ch. 133, art. 65, § 1.
The expenses of the division in the performance of its duties under this chapter shall be construed to be costs of operation and maintenance of the project.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1997, ch. 326, § 122.
In the performance of its duties under this chapter, the division shall be entitled to ask for and to receive from any public or private agency and any other commission, board, officer, agency, or municipal subdivision of the state such information, cooperation, assistance, and advice as shall be reasonable and proper in view of the nature of its functions.
History of Section. P.L. 1989, ch. 126, art. 36, § 5; P.L. 1997, ch. 326, § 122; P.L. 2002, ch. 206, § 1; P.L. 2002, ch. 261, § 1.
The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the division by the provisions hereof, the statement shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon the division.
History of Section. P.L. 1989, ch. 126, art. 36, § 5.
The state shall provide, for the use of the general public, a toll-free watts telephone line and number for each public agency that utilizes the 277 exchange.
History of Section. P.L. 1989, ch. 126, art. 36, § 5.
The E-911 uniform emergency telephone system division shall take all steps necessary to implement “Next Generation-9-1-1,” “NG 9-1-1,” or “Text-to-9-1-1” technologies as soon as practicable, and report back to the general assembly no later than March 30, 2017, a timeline that anticipates the date of completion.
History of Section. P.L. 2016, ch. 516, § 2.
(a) The purpose of this chapter is to establish the number 911 as the primary emergency telephone number for use in the state and to develop and improve emergency communications procedures and facilities with the objective of reducing the response time to emergency calls for law enforcement, fire, medical, rescue, and other emergency services.
(b) It is hereby declared by the general assembly that:
(1) Availability and type of 911 service in the state. The citizens of this state enjoy enhanced 911 service where a public safety answering point (PSAP) telecommunicator receives the 911 call, the pertinent information about the nature and location of the emergency by questioning the caller, and confirms the telephone number and address of the calling party. E-911 saves lives and property by helping emergency services personnel do their jobs more quickly and efficiently.
(2) E-911 capabilities. E-911 information includes Automatic Location Identification (ALI), which permits the prompt dispatch of emergency assistance to the street address of the wireline phone. This capability is especially important where the caller is disoriented, disabled, unable to speak, or does not know his or her location. ALI also reduces the errors in reporting the location of the emergency and in forwarding accurate information to emergency personnel. Automatic Number Identification (ANI) allows the number of the calling party to be displayed at the PSAP. With ANI, the PSAP can call back the party if the call is disconnected. The general assembly finds that ALI and ANI are critical components of effective emergency services.
(3) Wireless 911 capabilities. Mobility, the primary advantage of wireless technologies, creates complexities for providing E-911 service, necessitating special action for wireless E-911 services.
(4) The need for wireless E-911 services. It has been reported that the total number of wireless subscribers in the United States exceeds 42 million, and 9.6 million new subscribers were added in 1995 alone. Currently, there are almost thirty thousand (30,000) new wireless subscribers each day, amounting to a forty percent (40%) annual growth rate. Industry studies report that a majority of new subscribers cite safety and security as a primary reason for purchasing a mobile phone. These statistics underscore the growing popularity of mobile communications. With this growth, wireless customers place a large and increasing portion of 911 emergency calls received by PSAPs. In 1994 alone, almost eighteen million (18,000,000) wireless calls were made nationwide to 911 and other public service numbers. It is in the health and safety interests of the citizens of this state that wireless 911 services be enhanced to provide critical ALI and ANI information.
(5) The FCC mandate for wireless E-911. In July, 1996, the Federal Communications Commission (FCC) took several important steps to foster major improvements in the quality and reliability of wireless 911 services (FCC Docket No. 94-102). The FCC directed wireless carriers to deliver wireless E-911 information to PSAPs by April 1, 1998. The FCC also directed that wireless carriers, by October 1, 2001, identify to the PSAP the latitude and longitude of a mobile unit making an E-911 call within a radius of no more than one hundred twenty-five (125) meters in sixty-seven percent (67%) of all cases.
(6) PSAP’S ability to receive wireless E-911 information. Currently, E-911 does not have the necessary systems, facilities, and trained personnel to receive ANI and ALI on wireless calls. It is in the health and safety interests of the citizens of this state that PSAPs have the capability to receive and process wireless E-911 calls, and to require standards of quality of service, performance of service, and technological compliance of all providers of telecommunication services.
(7) Conditions for providing wireless E-911. The FCC mandate only applies if (a) PSAPs capable of receiving and utilizing the data elements associated with the E-911 services formally request such services from the wireless carriers in their jurisdiction and (b) a mechanism for the recovery of costs relating to the provision of such services is available. The FCC left it to each state to ensure that a mechanism is in place to permit carriers to recover costs associated with providing E-911 services. The general assembly finds that it is in the public interest to ensure that the conditions imposed by the FCC on wireless carriers to provide E-911 services are met as soon as possible so that the citizens of this state will have more reliable and efficient wireless emergency services.
(8) The need for a funding mechanism. Wireline Enhanced 911 services in the state are funded by telephone subscribers. Wireless 911 services are not funded. Funding for wireless E-911 service will be necessary to ensure PSAPs have the necessary systems to be capable of receiving E-911 information from wireless carriers. Further, given the continued rise in the use of wireless communications, PSAPs will experience increasing demand and incur additional costs for ongoing operation and maintenance of the emergency 911 system. Wireless carriers will incur costs to upgrade systems to be capable of meeting the FCC mandate and will incur a continuous cost in providing E-911 information. The general assembly finds that the principal purpose of wireless E-911 funding is for wireless carriers to recover the costs of providing E-911 services and therefore to fulfill the FCC mandate.
(9) Establishment and purpose of an E-911 emergency services fund. To ensure that adequate and sustained funding for E-911 statewide emergency services exists so that wireless and wireline E-911 systems can be implemented, maintained, and provided at optimum technical levels, and E-911 services performed at optimum skill levels, the legislature finds that it is necessary and proper to establish a “911 emergency services fund.” The 911 emergency services fund shall be the cost recovery mechanism for all E-911 service providers and shall serve as the means through which PSAP upgrades, including upgrades required to receive E-911 information from wireless carriers, may be implemented and maintained.
(10) Indemnification. Given the complexity of providing E-911 services, the general assembly finds that it is appropriate to provide immunity from civil liability for landline and wireless E-911 service providers. Further, the general assembly finds that to encourage innovation in the provision of emergency services, it is in the public interest to also extend immunity by statute to any person that provides equipment or services for the establishment, maintenance, or operation of E-911 services. Immunity would not extend to willful or wanton acts of misconduct by the E-911 service provider or its employees and agents.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1997, ch. 123, § 1.
This chapter may be cited as the “911 Emergency Telephone Number Act.”
History of Section. P.L. 1986, ch. 152, § 1.
As used in this chapter:
(1) “Automatic location identification (ALI)” means the system capability to identify automatically the geographical location of the telephone being used by the caller and to provide a display of the location information at a public safety answering point.
(2) “Automatic number identification (ANI)” means the system capability to identify automatically the calling telephone number and to provide a display of that number at a public safety answering point.
(3) “Communications common carrier” means any person, party, or entity that provides communications services for profit by way of wire or radio. It includes re-sellers of such services.
(4) “Communications services” means the transmission of sounds, messages, data, information, codes, or signals between a point or points of origin and a point or points of reception.
(5) “Prepaid wireless E-911 telecommunications service” means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount.
(6) “Private safety agency” means a private entity that provides emergency fire, ambulance, or medical services.
(7) “Public agency” means the state government and any unit of local government or special purpose district located in whole or in part within the state that provides, or has authority to provide, firefighting, law enforcement, ambulance, medical, or other emergency services.
(8) “Public safety agency” means a functional division of a public agency that provides firefighting, law enforcement, ambulance, medical, or other emergency services.
(9) “Public safety answering point (PSAP)” means a communications facility operated on a twenty-four (24) hour basis, assigned responsibility to transmit 911 calls to other public safety agencies. It is the first point of reception of a 911 call by a public safety agency and serves the entire state.
(10) “Relay method” means the method of responding to a telephone request for emergency service whereby a public safety answering point notes pertinent information and relays it by telephone to the appropriate public safety agency or other provider of emergency services for dispatch of an emergency service unit.
(11) “Selective call routing” means a feature that routes a 911 call from a central office to the designated public safety answering point based upon the telephone number of the calling party.
(12) “Telecommunication services provider,” for purposes of this chapter and of chapter 21 of this title, means every person, party, or entity that provides communications services, telephony services, voice or data transmission services, and wireless prepaid services, including, but not limited to: audio, print information, voice over internet protocol (VoIP), data or visual information, communication or transmission or any combination thereof, for profit on a subscription, wireless prepaid service, wireless prepaid telephone calling arrangement or pay-for-services or any other basis by means of landline local telephone exchange, cellular telephone, wireless communication, radio, telephony, internet, data, satellite, computer, prepaid wireless telephone, voice over internet protocols (VoIP) instruments, devices or means, or any other communication or data instruments devices or means that have access to, connect with, or interface with the E-911 uniform emergency telephone system. Telecommunication service provider includes “telephone common carrier,” “communications common carrier,” “telephone companies,” and “common carrier” as those terms are used in this chapter and in chapter 21 of this title, and “telecommunication common carrier” as defined in the Code of Federal Regulations at 47 C.F.R. part 22, as amended from time to time, and as defined in the NENA Master Glossary of 9-1-1 Terminology as amended from time to time.
(13) “Telephone common carrier” means any person, party, or entity that provides communications services for profit between a point of origin and a point of reception by way of a land-line wire connection between the two (2) points. It includes re-sellers of such services.
(14) “Telephone service provider” means every person, party, or entity that provides telephone services to subscribers or wireless prepaid customers including, but not limited to, “telephone common carrier” and “telecommunications service providers.”
(15) “Telephony” or “telephony services provider” (see “Telephone service provider”).
(16) “The 911 authority” means the agency of the state government in which responsibility for administering the implementation and operation of the 911 system is vested by the general assembly.
(17) “Transfer method” means the method of responding to a telephone request for emergency service whereby a public safety answering point transfers the call directly to the appropriate public safety agency or other provider of emergency service for dispatch of an emergency service unit.
(18) “Voice over internet protocol (VoIP)” provides distinct packetized voice or data information in digital format using the Internet Protocol.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1997, ch. 123, § 1; P.L. 2005, ch. 365, § 2; P.L. 2010, ch. 23, art. 9, § 11.
Automatic number identification (ANI) and automatic location identification (ALI) information that consists of the name, address, and telephone numbers of telephone subscribers shall be confidential. Dissemination of the information contained in the 911 automatic number and automatic location database is prohibited except for the following purposes:
(1) The information will be provided to the public safety answering point (PSAP) on a call-by-call basis only for the purpose of handling emergency calls or for training, and any permanent record of the information shall be secured by the public safety answering points and disposed of in a manner that will retain that security except as otherwise required by applicable law.
(2) All telephone calls and telephone call transmissions received pursuant to this chapter, and all tapes containing records of telephone calls, shall remain confidential and used only for the purpose of handling emergency calls and for public safety purposes as may be needed for law enforcement, fire, medical, rescue, or other emergency services. The calls shall not be released to any other parties without the written consent of the person whose voice is recorded, or upon order of the court.
(3) The ALI — ANI Database may be provided to all city, state, and town emergency management agencies, fire departments, and police departments of the state of Rhode Island for the purposes of, and restricted to, establishing systems of emergency public warning. “ALI — ANI Database” shall be defined as automatic location identification and automatic number identification information identifying the land-line telephone numbers and addresses (but shall not include the names, whether listed, unlisted, or unpublished) of subscribers to telephone common carrier services in the state.
(4) Telephone numbers, including listed, unlisted, and unpublished numbers, and street numbers and addresses (excluding individual names), if contained within the Rhode Island E-911 ALI — ANI Database, may be provided by Rhode Island E-911, on a reasonable basis as determined by Rhode Island E-911 to city, state, and town emergency management agencies, fire departments, and police departments for the sole purpose of allowing an individual city, state, or town emergency management agency, fire department, and/or police department to warn local residents of imminent and significant threats to public safety.
(5) The city or town local emergency warning system ALI — ANI Database shall be located in a restricted access and secured facility located within the local emergency management office, fire department, and/or police department. Additionally, the local emergency warning system ALI — ANI Database shall be secure from unauthorized access and shall be accessible only by the city or town emergency management director, fire chief, or police chief and no more than three (3) department members (who shall be known as emergency warning officers), appointed in writing by the respective department director or chief, with a copy of the appointment that includes the name, title, and duration of appointment sent to Rhode Island E-911. The activation of the local emergency warning system can only be approved and authorized by the department director or chief or his or her authorized emergency warning officer. Any access to the local ALI — ANI database shall be documented by use of a secure electronic log that records such access and which shall be maintained for a period of no less than twelve (12) months. Any unauthorized and/or inappropriate access of the local emergency warning system ALI — ANI Database is to be reported immediately in writing to Rhode Island E-911.
(6) A violation of the provisions of this section shall be a criminal offense punishable by up to one year imprisonment and/or a fine not to exceed one thousand dollars ($1,000).
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1993, ch. 77, § 1; P.L. 1996, ch. 184, § 1; P.L. 2006, ch. 228, § 1; P.L. 2020, ch. 79, art. 1, § 13.
(a) The state shall establish a single, central statewide emergency 911 system equipped with selective call routing, automatic number identification, and automatic location identification. All telecommunication service providers who operate within this state shall provide access to the E-911 uniform emergency telephone system with selective call routing, automatic number identification, and automatic location identification capabilities in accordance with this chapter, with the rules and regulations of the Federal Communications Commission and of the Rhode Island public utilities commission, and with such other rules and regulations promulgated by the 911 authority. Before the public utilities commission shall grant any license, permit, power, or authority to operate or shall approve any tariff, rate, or similar compensation measure to any telephone common carrier or telecommunication services provider pursuant to this title, it shall obtain a certificate of compliance from the 911 authority, certifying that the telephone common carrier or telecommunication services provider that is seeking such grant or approval is in compliance with the standards of quality of service, performance of service, and technological compliance adopted by the 911 authority pursuant to chapter 21 of this title. No license, permit, power, or authority to operate shall be granted, or any tariff, rate, or similar compensation measure be approved, until and unless the telephone common carrier or telecommunication service provider is in full compliance with such standards.
(b) The digits “911” shall be the primary emergency telephone number within the state.
(c) Nothing in this chapter shall be construed to prohibit or discourage the municipalities to maintain separate, secondary backup telephone numbers for emergency and nonemergency telephone calls. Dissemination of the information contained in the database for any other than emergency purpose is prohibited. The 911 emergency telephone number is not intended as a total replacement for the telephone service of the public safety agencies. The public safety answering point will not use the 911 system for administrative purposes, for placing outgoing calls, or for receiving nonemergency calls.
(d) Any addition to the basic 911 system that may be required by any municipality may be made at the municipality’s expense, provided that the addition is approved by the 911 authority.
(e)(1) The 911 authority and the telephone common carrier contracting with the authority shall not be liable for any inadequate database information submitted to the 911 authority by the municipality, its agents, or servants.
(2) Notwithstanding the provisions of chapter 31 of title 9, the telephone common carrier, its agents, and employees are hereby indemnified and held harmless by the 911 authority and the state for civil damages for any action or omission in connection with the 911 or E-911 systems unless the action or omission constitutes gross negligence or wanton and willful misconduct.
(f) Any expense incurred by a municipality shall not be deemed a state mandate pursuant to § 45-13-9.
(g) The telephone common carrier shall not issue or permit the usage of any three-digit (3) telephone number for emergency purposes other than the digits “911” as provided in this chapter.
(h) The state of Rhode Island, the E-911 uniform emergency telephone system authority, local public service answering points, E-911 service providers, including telephone common carriers and telecommunication services providers and their respective employees, directors, officers, representatives, or agents shall not be liable to any person for civil damages resulting from or caused by any act or omission in the development, design, installation, operation, maintenance, performance, or provision of E-911 service, except to the extent due directly to its willful misconduct or gross negligence. Also, no provider of E-911 service, including a telecommunication services provider, shall be liable to any person who uses E-911 service, for the release of subscriber information, including but not limited to, billing information required under this act, to any public safety answering point or to the state of Rhode Island or the E-911 uniform emergency telephone system.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1992, ch. 133, art. 65, § 2; P.L. 1995, ch. 143, § 1; P.L. 1997, ch. 123, § 1.
The 911 authority, or any other agency that may replace it, shall plan, implement, and operate the 911 system, as provided by this chapter.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1.
The 911 system designs should include provisions for expansion to include capabilities not required in initial implementation. The public safety answering point may handle nonemergency calls by referring the caller to another number.
History of Section. P.L. 1986, ch. 152, § 1.
(a) The 911 system shall be capable of transmitting requests for law enforcement, firefighting, and emergency medical and ambulance services to a public safety agency or agencies that provide the requested service at the place where the call originates. In response to requests for emergency medical or ambulance services, the 911 system dispatchers shall also provide for the communication of instructions to callers during the period before the arrival of emergency responders. By September 1, 2022, the 911 system shall include telecommunicator cardiopulmonary resuscitation (“T-CPR”), provided by certified emergency medical dispatchers (EMD) who have satisfactorily completed a training course that meets the requirements of the U.S. Department of Transportation, National Highway Traffic Safety Administration, Emergency Medical Dispatch (EMD); National Standard Curriculum, as from time to time amended, and any other requirements pursuant to § 23-4.1-3(c). The 911 system may also provide for transmittal of requests for other emergency services, such as poison control, suicide prevention, and civil defense. Conferencing capability with counseling, aid to persons with disabilities, and other services as deemed necessary for emergency response determination may be provided by the 911 system.
(b) Any unit of any agency or municipality in this state that provides law enforcement, firefighting, medical, or ambulance services to an area shall be part of the 911 system. The 911 public safety answering point may transmit emergency response requests to private safety agencies.
(c) Automatic intrusion alarms and other automatic alerting devices shall not be installed so as to cause the number 911 to be dialed in order to directly access emergency services.
(d) A comprehensive call review and quality improvement program including, but not limited to, all cardiac arrest and critical calls as well as a random sampling of all calls from the emergency telephone system shall be established.
(e) All 911 system dispatchers shall be certified in EMD and trained in telecommunicator cardiopulmonary resuscitation (“T-CPR”) to coach a person calling in about a cardiac arrest incident until the rescue or other emergency service unit arrives. EMD continuing education shall be provided for 911 system dispatchers.
(f) No 911 system operator who renders emergency assistance to a person in need thereof shall be liable for civil damages that result from acts or omissions by the person rendering the emergency care, which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1999, ch. 83, § 90; P.L. 1999, ch. 130, § 90; P.L. 2021, ch. 82, § 1, effective June 23, 2021; P.L. 2021, ch. 83, § 1, effective June 23, 2021.
Every pay station telephone of a telephone common carrier served from a central office having a dial-tone-first capability shall permit a caller to dial 911, or to reach an operator by dialing “0,” without first inserting a coin or paying any other charge. No telephone common carrier shall eliminate the dial-tone-first capability from any central office having this capability on June 13, 1986.
History of Section. P.L. 1986, ch. 152, § 1.
(a) On or before July 1, 1987, the E-911 uniform emergency telephone system division shall publish an overall plan that it has developed for implementing 911 service in Rhode Island in accordance with the provisions of this chapter. The plan shall include technical and operational standards for 911 systems. Public agencies shall comply with these standards.
(b) The E-911 uniform emergency telephone system division, or any other agency that may replace it, may promulgate rules and regulations related to telecommunication service providers as are just and reasonable and in the public interest to implement the provisions of this chapter.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1998, ch. 150, § 1.
Each local public agency shall designate a coordinator who shall serve as the point of contact in working with the 911 authority or any other agency that may replace it.
History of Section. P.L. 1986, ch. 152, § 1.
The attorney general shall, at the request of the E-911 uniform emergency telephone system division, or any other agency that may replace it, or on its own initiative, commence judicial proceedings in the superior court against any public agency, municipality, or telecommunication services provider providing communication services to enforce the provisions of this chapter.
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1998, ch. 150, § 1.
(a) A public safety agency that receives a request for emergency service outside its jurisdictional or operational boundaries shall promptly forward the request, utilizing the transfer or relay method, to the public safety answering point or public safety agency responsible for that geographical area.
(b) Once a public safety answering point or public safety agency dispatches an emergency unit, the unit shall render its services to the requesting party without regard to the unit’s normal jurisdictional boundaries, until it is properly relieved by the public safety agency responsible for that geographical area.
(c) Public agencies within a single system, and public agencies in different systems but which share common boundary lines, are authorized to enter into joint power agreements or other written cooperative agreements to implement these requirements. These agreements may further provide for a public safety agency to render aid outside its normal jurisdictional boundaries on a regular basis.
History of Section. P.L. 1986, ch. 152, § 1.
(a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence and business telephone line or trunk, or path and data, telephony, internet, voice over internet protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private branch exchange, or connecting to or from a customer-based or dedicated telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a customer-based or dedicated central office (such as, but not exclusive of, a centrex system but exclusive of trunks and lines provided to wireless communication companies) that can access to, connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by each telecommunication services provider at the inception of services and shall be payable to the telecommunication services provider by the subscriber of the services.
(2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any other wireless instrument, device, or means that has access to, connects with, or activates or interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each telecommunication services provider and shall be payable to the telecommunication services provider by the subscriber. Prepaid wireless telecommunications services shall not be included in this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the general body of ratepayers this surcharge.
(b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18 of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of computing the tax under chapter 13 of title 44.
(c) Each telephone common carrier and each telecommunication services provider shall establish a special account to which it shall deposit on a monthly basis the amounts collected as surcharges under this section.
(d) The money collected by each telecommunication services provider shall be transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice over internet protocol (VoIP), satellite, computer, internet, or communications services in this state and every month thereafter, to the division of taxation, together with the accrued interest. The E-911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in the general fund; provided, however, that ten percent (10%) of the money collected from the first response surcharge shall be deposited in the information technology restricted receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from the date the money should have been transferred.
(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section until it has been paid to the telephone common carrier or telecommunication services provider. Any surcharge shall be added to and shall be stated separately in the billing by the telephone common carrier or telecommunication services provider and shall be collected by the telephone common carrier or telecommunication services provider.
(f) Each telephone common carrier and telecommunication services provider shall annually provide the E-911 uniform emergency telephone system division, or any other agency that may replace it, with a list of amounts uncollected, together with the names and addresses of its subscriber-users who can be determined by the telephone common carrier or telecommunication services provider to have not paid the E-911 surcharge.
(g) Included within, but not limited to, the purposes for which the money collected from the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction, maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition, upgrade, or modification of PSAP equipment to be capable of receiving E-911 information, including necessary computer hardware, software, and database provisioning, addressing, and non-recurring costs of establishing emergency services; network development, operation, and maintenance; database development, operation, and maintenance; on-premise equipment maintenance and operation; training emergency service personnel regarding use of E-911; educating consumers regarding the operations, limitations, role, and responsible use of E-911; reimbursement to telephone common carriers or telecommunication services providers of rates or recurring costs associated with any services, operation, administration, or maintenance of E-911 services as approved by the division; reimbursement to telecommunication services providers or telephone common carriers of other costs associated with providing E-911 services, including the cost of the design, development, and implementation of equipment or software necessary to provide E-911 service information to PSAPs, as approved by the division.
(h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]
(i) Nothing in this section shall be construed to constitute rate regulation of wireless communication services carriers, nor shall this section be construed to prohibit wireless communication services carriers from charging subscribers for any wireless service or feature.
(j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]
History of Section. P.L. 1986, ch. 152, § 1; P.L. 1987, ch. 236, § 1; P.L. 1992, ch. 133, art. 65, § 2; P.L. 1993, ch. 138, art. 73, § 1; P.L. 1997, ch. 123, § 1; P.L. 1998, ch. 31, art. 9, § 1; P.L. 1998, ch. 150, § 1; P.L. 2000, ch. 55, art. 28, § 1; P.L. 2001, ch. 160, § 1; P.L. 2002, ch. 65, art. 13, § 15; P.L. 2005, ch. 365, § 2; P.L. 2006, ch. 246, art. 4, § 1; P.L. 2007, ch. 73, art. 4, § 2; P.L. 2010, ch. 23, art. 9, § 11; P.L. 2014, ch. 145, art. 9, § 5; P.L. 2018, ch. 47, art. 7, § 9; P.L. 2019, ch. 88, art. 2, § 8; P.L. 2023, ch. 79, art. 2, § 8, effective June 16, 2023.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section. P.L. 1986, ch. 152, § 1.
No person shall call or otherwise cause the number nine-one-one (911) to be called for the purpose of knowingly making a false alarm or complaint or reporting false information that could result in the dispatch of emergency services from any public agency as defined in § 39-21.1-3(7). Any person violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for a term not exceeding one year, or both.
History of Section. P.L. 1988, ch. 90, § 1; P.L. 2020, ch. 79, art. 1, § 13.
All telephone calls and telephone call transmissions received pursuant to this chapter and all tapes containing records of telephone calls shall remain confidential and used only for the purpose of handling emergency calls and for public safety purposes as may be needed for law enforcement, fire, medical, rescue or other emergency services. The calls shall not be released to any other parties without the written consent of the caller whose voice is recorded, or upon order of the court.
History of Section. P.L. 1996, ch. 180, § 1.
In emergency situations that require emergency medical transportation services and arise out of a 911 emergency telephone system request, only those ambulance services that are operated by municipalities, for municipalities by contracted services, by fire districts, or nonprofit corporations shall be used.
History of Section. P.L. 1999, ch. 337, § 1.
This act may be cited as the “Prepaid Wireless Charge Act of 2010.”
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2018, ch. 47, art. 7, § 10.
The legislature finds that:
(1) Maintaining effective and efficient emergency services across the state benefits all citizens;
(2) 911 fees imposed upon the consumers of telecommunications services that have the ability to dial 911 are an important funding mechanism to assist state and local governments with the deployment of emergency services to the citizens of this state;
(3) Prepaid wireless telecommunication services are an important segment of the telecommunications industry and have proven particularly attractive to low-income, low-volume consumers;
(4) Unlike traditional telecommunications services, prepaid wireless telecommunications services are not sold or used pursuant to term contracts or subscriptions, and monthly bills are not sent to consumers by prepaid wireless telecommunication services providers or retail vendors;
(5) Prepaid wireless consumers have the same access to emergency 911 services from their wireless devices as wireless consumers on term contracts, and prepaid wireless consumers benefit from the ability to access the 911 system by dialing 911;
(6) Consumers purchase prepaid wireless telecommunication services at a wide variety of general retail locations and other distribution channels, not just through service providers;
(7) Such purchases are made on a “cash-and-carry” or “pay-as-you-go” basis from retailers; and
(8) To ensure equitable contributions to the funding of emergency systems from consumers of prepaid wireless telecommunication services, the collection and payment obligation of charges to support E-911 should be imposed upon the consumer’s retail purchase of the prepaid wireless telecommunication service and should be in the form of a single, statewide charge that is collected once at the time of purchase directly from the consumer, remitted to the state, and distributed to E-911 authorities pursuant to state law.
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2018, ch. 47, art. 7, § 10; P.L. 2019, ch. 88, art. 2, § 9.
For purposes of this chapter, the following terms shall have the following meanings:
(1) “Consumer” means a person who purchases prepaid wireless telecommunications service in a retail transaction.
(2) “Division” means the division of taxation.
(3) “Prepaid wireless charge” means the charge that is required to be collected by a seller from a consumer in the amount established under § 39-21.2-4.
(4) “Prepaid wireless telecommunications service” means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount.
(5) “Provider” means a person who or that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
(6) “Retail transaction” means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
(7) “Seller” means a person who or that sells prepaid wireless telecommunications service to another person.
(8) “Wireless telecommunications service” means commercial mobile radio service as defined by 47 C.F.R. § 20.3, as amended.
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2018, ch. 47, art. 7, § 10; P.L. 2020, ch. 79, art. 1, § 14.
(a) Amount of charge. The prepaid wireless E-911 charge is hereby levied at the rate of two and one-half percent (2.5%) per retail transaction.
(b) Collection of charge. The prepaid wireless charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
(c) Application of charge. For purposes of subsection (b) of this section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of chapter 18 of title 44.
(d) Liability for charge. The prepaid wireless charge is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless charges that the seller collects from consumers as provided in § 39-21.2-5, including all such charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.
(e) Exclusion of charge from base of other taxes and fees. The amount of the prepaid wireless charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency, including, but not limited to, the tax imposed under chapter 18 of title 44, nor be included within the telephone common carrier’s gross earnings for the purpose of computing the tax under chapter 13 of title 44.
(f) [Deleted by P.L. 2019, ch. 88, art. 2, § 9.]
(g) Bundled transactions. When prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, then the percentage specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the seller elects to apply the percentage (1) If the amount of prepaid wireless telecommunications service is disclosed to the consumer as a dollar amount, the dollar amount, or (2) If the retailer can identify the portion of the price that is attributable to the prepaid wireless telecommunications service, by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, non-tax purposes, the portion.
However, if a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, non-itemized price, then the seller may elect not to apply the percentage specified in subsection (a) of this section to such transaction. For purposes of this paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or less, is minimal.
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2018, ch. 47, art. 7, § 10; P.L. 2019, ch. 88, art. 2, § 9; P.L. 2020, ch. 79, art. 1, § 14.
(a) Time and manner of payment. Prepaid wireless E-911 charges collected by sellers shall be remitted to the division at the times and in the manner provided by the streamlined sales and use tax as described in § 44-18.1-34. The division shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the streamlined sales and use tax.
(b) Seller administrative deduction. A seller shall be permitted to deduct and retain one percent (1%) of prepaid wireless E-911 charges that are collected by the seller from consumers.
(c) Audit and appeal procedures. The audit and appeal procedures applicable to sales and use tax under chapter 19 of title 44 shall apply to prepaid wireless E-911 charges.
(d) Exemption documentation. The division shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales tax purposes under § 44-18-25.
(e) All E-911 fees collected pursuant to this section shall be deposited in a restricted-receipt account and used solely for the operation of the E-911 uniform emergency telephone system.
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2019, ch. 88, art. 2, § 9; P.L. 2020, ch. 79, art. 1, § 14.
No liability regarding 911 service. No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 911 or E-911 service, or for identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 911 or E-911 service.
History of Section. P.L. 2010, ch. 23, art. 9, § 12.
The prepaid wireless charge imposed by this act shall be the only E-911 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency, for E-911 funding purposes, upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.
History of Section. P.L. 2010, ch. 23, art. 9, § 12; P.L. 2018, ch. 47, art. 7, § 10.
[Repealed]
There is hereby created within the department of human services a permanent committee to be known as the adaptive telephone equipment loan program committee. This committee shall advise on the program and shall consist of fifteen (15) members, one of whom shall be from the house of representatives, to be appointed by the speaker; one of whom shall be from the senate, to be appointed by the president of the senate; one of whom shall be a representative of the telephone company, to be appointed by its chief executive officer; one of whom shall be a representative of the public utilities commission, to be appointed by the chairperson of the public utilities commission; and eleven (11) of whom shall be appointed by the governor as follows: seven (7) consumers, including at least one from each of the following communities: the hard of hearing or deaf community, the speech-impaired community, and the neuromuscular-impaired community; one professional member who shall be an audiologist, physician, or speech pathologist, and three (3) members of the general public.
History of Section. P.L. 1985, ch. 48, § 2; P.L. 1993, ch. 115, § 2; P.L. 2001, ch. 180, § 83; P.L. 2004, ch. 378, § 1; P.L. 2004, ch. 504, § 1.
The duties of the committee shall include but not be limited to advising on the implementation of the telecommunications device for the impaired distribution program authorized by § 39-1-42(a)(2), and providing periodic review of activities, policies, regulations, procedures, programs, and operation of the program.
History of Section. P.L. 1985, ch. 48, § 2; P.L. 2004, ch. 378, § 1; P.L. 2004, ch. 504, § 1; P.L. 2020, ch. 79, art. 1, § 15.
The committee shall, from time to time, and at least annually, report to the general assembly on its findings and the results of its studies, and make such recommendations to the general assembly and propose such legislation or initiate such studies as it shall deem advisable.
History of Section. P.L. 1985, ch. 48, § 2.
The committee shall meet at such times and places as in the judgment of the committee will best serve the convenience of all parties in interest. The members of the committee shall receive no salary.
History of Section. P.L. 1985, ch. 48, § 2.
[Repealed]
History of Section. P.L. 1990, ch. 135, § 1; Repealed by P.L. 2004, ch. 378, § 2, effective July 3, 2004; and by P.L. 2004, ch. 504, § 2, effective July 7, 2004.
Of the number of members appointed by the governor originally under this chapter, one-third (⅓) shall be appointed for a term of one year; one-third (⅓) shall be appointed for a term of two (2) years; and one-third (⅓) shall be appointed for a term of three (3) years. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The committee shall elect from its own membership a chairperson, vice chairperson, and other officers as deemed necessary annually. The committee may appoint such personnel as may be necessary for the efficient performance of the duties prescribed by this chapter.
History of Section. P.L. 1993, ch. 115, § 3.
[Repealed]
History of Section. P.L. 1987, ch. 144, § 1; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
Every gas company whose total annual sales in the preceding calendar year exceed five million cubic feet (5,000,000 cu. ft.) shall submit, every two (2) years, to the public utilities commission, a long-range energy plan for the five-year (5) period subsequent to the date the plan is submitted, and shall apprise the commission in the interim of any changes that substantially affect the plan. The public utilities commission shall by rule specify such information as it shall reasonably require, to include, but not be limited to, the company’s peak demand forecasts, annual sales in cubic feet, major proposed additions to plant, and an analysis of the cost and financing of any proposed additions to plant or purchases. The filing shall include all assumptions and methodologies used by the company in formulating the plan.
History of Section. P.L. 1987, ch. 144, § 1.
This chapter shall be known as the electric transmission siting and regulatory act.
History of Section. P.L. 1992, ch. 439, § 1.
The general assembly finds and hereby declares the following:
(1) The citizens of the state whose homes are in close proximity to proposed high-voltage lines have expressed concern about the possible harmful effect of electromagnetic fields that emanate from the electrical utilities facilities;
(2) There have been a number of scientific studies that purport to suggest that the electromagnetic fields associated with electrical utility facilities may present a significant health risk;
(3) The issue of the adverse health effects of human exposure to electromagnetic radiation has been the subject of newspaper and scientific journal articles, and although to date no firm data exists indicating at what levels this radiation may pose certain health risks, scientific studies and preliminary evidence warrant an approach of prudent avoidance;
(4) While the general assembly recognizes that at present, research data neither provides a basis for asserting that magnetic fields pose a significant health risk nor does it allow one to categorically assert that there are no risks. Prudence, therefore, suggests caution in dealing with electromagnetic fields and public health issues until further research permits a more conclusive determination.
History of Section. P.L. 1992, ch. 439, § 1.
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