R.I. Gen. Laws § 39-31-2 — RI Code / Title 39 / Chapter 39-31 / Section 39-31-2
§ 39-31-2. Purpose.
Status: in_force

The purpose of this chapter is to:

(1) Secure the future of the Rhode Island and New England economies, and their shared environment, by making state and/or coordinated, cost-effective, strategic investments in energy resources and infrastructure such that the New England states improve energy system reliability and security; enhance economic competitiveness by reducing energy costs to attract new investment and job growth opportunities; and protect the quality of life and environment for all residents and businesses;

(2) Utilize state and/or coordinated competitive processes, in collaboration with other New England states and their instrumentalities, to advance strategic investment in energy infrastructure and energy resources, provided that the total energy security, reliability, environmental, and economic benefits to the state of Rhode Island and its ratepayers exceed the costs of the projects, and ensure that the benefits and costs of the energy infrastructure investments are shared appropriately among the New England States; and

(3) Encourage an approach to energy policy that advances the objectives of achieving a reliable, clean-energy future that is consistent with meeting greenhouse gas reduction goals as established by chapter 6.2 of title 42 (the 2021 act on climate) at reasonable cost to ratepayers.
R.I. Gen. Laws § 39-2-24 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-24
§ 39-2-24. Confidentiality of telephone records.
Status: repealed

(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.
R.I. Gen. Laws § 39-18-16 — RI Code / Title 39 / Chapter 39-18 / Section 39-18-16
§ 39-18-16. Limitation of powers.
Status: in_force

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.
R.I. Gen. Laws § 39-6-12 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-12
§ 39-6-12. Filing of location of road  Citation.
Status: in_force

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.
R.I. Gen. Laws § 39-8-6 — RI Code / Title 39 / Chapter 39-8 / Section 39-8-6
§ 39-8-6. Operation of grade crossings of railroads.
Status: in_force

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.
R.I. Gen. Laws § 39-12-34 — RI Code / Title 39 / Chapter 39-12 / Section 39-12-34
§ 39-12-34. Self-incrimination  Immunity from prosecution.
Status: in_force

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.
R.I. Gen. Laws § 39-19-8 — RI Code / Title 39 / Chapter 39-19 / Section 39-19-8
§ 39-19-8. Revocation or change of certificate.
Status: in_force

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.
R.I. Gen. Laws § 39-18-19 — RI Code / Title 39 / Chapter 39-18 / Section 39-18-19
§ 39-18-19. Severability.
Status: in_force

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.
R.I. Gen. Laws § 39-21-2 — RI Code / Title 39 / Chapter 39-21 / Section 39-21-2
§ 39-21-2. Establishment of the E-911 uniform emergency telephone system division.
Status: in_force

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.
R.I. Gen. Laws § 39-6-26 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-26
§ 39-6-26. Right of purchaser to convey to corporation.
Status: in_force

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.
R.I. Gen. Laws § 39-5-4 — RI Code / Title 39 / Chapter 39-5 / Section 39-5-4
§ 39-5-4. Powers of supreme court.
Status: in_force

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.
R.I. Gen. Laws § 39-18-1.1 — RI Code / Title 39 / Chapter 39-18 / Section 39-18-1.1
§ 39-18-1.1. Findings.
Status: in_force

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.
R.I. Gen. Laws § 39-13-11 — RI Code / Title 39 / Chapter 39-13 / Section 39-13-11
§ 39-13-11. Registration and licensing of vehicles and operators  CPR training requirement.
Status: in_force

(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.
R.I. Gen. Laws § 39-2-22 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-22
§ 39-2-22. Seven-digit dialing option.
Status: in_force

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.
R.I. Gen. Laws § 39-12-20 — RI Code / Title 39 / Chapter 39-12 / Section 39-12-20
§ 39-12-20. Transfer of certificates or permits  Joint control of common carriers.
Status: in_force

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.
R.I. Gen. Laws § 39-14-23 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-23
§ 39-14-23. Persons exempt.
Status: in_force

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.
R.I. Gen. Laws § 39-28-1 — RI Code / Title 39 / Chapter 39-28 / Section 39-28-1
§ 39-28-1. Findings.
Status: in_force

The Rhode Island general assembly finds that growth and enhancement of services using internet protocol technology provide Rhode Island consumers more choice in voice, data, and video services than at any other time. The proliferation of new technologies and applications and the growing number of providers developing and offering innovative services using internet protocol are due in large part to little barrier to investment, including freedom from state laws and regulations governing traditional telephone service, that these technologies have enjoyed in Rhode Island, as well as recognition that federal law is more uniform in its oversight of internet protocol-enabled services. The economic benefits, including consumer choice, new jobs, and significant capital investment, will be jeopardized and competition minimized by the imposition of traditional state entry, rate, and service-term regulation on voice over internet protocol service and internet protocol-enabled service.
R.I. Gen. Laws § 39-18-9 — RI Code / Title 39 / Chapter 39-18 / Section 39-18-9
§ 39-18-9. Revenues.
Status: in_force

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.
R.I. Gen. Laws § 39-18-15 — RI Code / Title 39 / Chapter 39-18 / Section 39-18-15
§ 39-18-15. Refunding bonds.
Status: in_force

(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.
R.I. Gen. Laws § 39-31-4 — RI Code / Title 39 / Chapter 39-31 / Section 39-31-4
§ 39-31-4. Regional energy planning.
Status: in_force

(a) Consistent with the purposes of this chapter, and utilizing regional stakeholder processes where appropriate, the office of energy resources, in consultation and coordination with the division of public utilities and carriers and the public utility company that provides electric distribution as defined in § 39-1-2(a)(12) as well as natural gas as defined in § 39-1-2(a)(17), is authorized to:

(1) Participate in the development and issuance of state, regional, or multistate competitive solicitation(s) for the development and construction of regional electric-transmission projects that would allow for the reliable transmission of nuclear power and/or large- or small-scale domestic or international hydroelectric power to New England load centers that will benefit the state of Rhode Island and its ratepayers, and such solicitations may be issued by the New England States Committee on Electricity or the electric or natural gas distribution company to further the purposes of this chapter;

(2) Participate in the development and issuance of state, regional, or multistate competitive solicitation(s) for the development and construction of regional electric-transmission projects that would allow for the reliable transmission of eligible renewable energy resources, including offshore wind, as defined by § 39-26-5(a), to New England load centers that will benefit the state of Rhode Island and its ratepayers, and the solicitations may be issued by the New England States Committee on Electricity or the electric or natural gas distribution company to further the purposes of this chapter; and

(3) Participate in the development and issuance of regional or multistate competitive solicitation(s) for the development and construction of regional natural-gas-pipeline infrastructure and capacity that will benefit the state of Rhode Island and its ratepayers by strengthening energy system reliability and security and, in doing so, potentially mitigate energy price volatility that threatens the economic vitality and competitiveness of Rhode Island residents and businesses. The solicitations may be issued by the New England States Committee on Electricity or the electric or natural gas distribution company to further the purposes of this chapter; and the solicitations may request proposals that are priced in increments to allow for the evaluation of project costs and benefits associated with adding various levels of additional, natural gas pipeline capacity into New England and assist with the optimization of energy system reliability, economic, and other benefits consistent with the purposes of this chapter.

(4) As part of any such state, regional, or multistate competitive solicitation processes conducted pursuant to this chapter, the office of energy resources shall work jointly with the division of public utilities and carriers, and with the electric distribution company as appropriate, to identify incremental, natural-gas-pipeline infrastructure and capacity and/or electric-transmission projects that optimize energy reliability, economic, environmental, and ratepayer impacts for Rhode Island, consistent with the legislative findings and purpose of this chapter. The office of energy resources and division of public utilities and carriers shall be authorized to utilize expert consultants, as needed, to assist in any state, regional, multistate, or state-level determination related to the procurement activities identified in § 39-31-5.

(b) Prior to any binding commitments being made by any agencies of the state, the electric distribution company, or any other entity that would result in costs being incurred directly, or indirectly, by Rhode Island electric and/or gas consumers through distribution or commodity rates, the office of energy resources and division of public utilities and carriers shall jointly file any energy infrastructure project recommendation(s) with the public utilities commission and may make such filing jointly with the electric or natural gas distribution company as appropriate. The public utilities commission shall consider any such recommendation(s) as specified under § 39-31-7.

(c) A copy of the filing made under subsection (b) of this section shall be provided to the governor, the president of the senate, the speaker of the house, the department of environmental management, and the commerce corporation.

(d) The electric distribution company shall be provided with a copy of any filing made under this section at least ten (10) business days in advance of its filing with the public utilities commission and the electric or gas distribution utility may file separate comments when the filing is made.

(e) As part of any office of energy resources and division of public utilities and carriers filing made pursuant to this chapter, the agencies shall identify the expected energy reliability, energy security, and ratepayer impacts that are expected to result from commitments being made in connection with the proposed project(s).

(f) The office of energy resources and division of public utilities and carriers reserve the right to determine that energy infrastructure projects submitted in any state, regional, or multistate competitive solicitation process are not in Rhode Islands energy reliability, energy security, and/or ratepayer interests, and shall make such findings available to the governor, the president of the senate, and the speaker of the house. The electric or gas distribution utility may attach a separate opinion to those findings, at its election.
R.I. Gen. Laws § 39-4-7 — RI Code / Title 39 / Chapter 39-4 / Section 39-4-7
§ 39-4-7. Hearings in locality of consumers affected.
Status: in_force

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.
R.I. Gen. Laws § 39-1-27.7 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-27.7
§ 39-1-27.7. System reliability and least-cost procurement.
Status: in_force

(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.
R.I. Gen. Laws § 39-15-6 — RI Code / Title 39 / Chapter 39-15 / Section 39-15-6
§ 39-15-6. Notice of condemnation proceedings.
Status: in_force

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.
R.I. Gen. Laws § 39-1-27.12 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-27.12
§ 39-1-27.12. Low Income Home Energy Assistance Program Enhancement Plan.
Status: in_force

(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.
R.I. Gen. Laws § 39-3-18 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-18
§ 39-3-18. Order of division as to security issue.
Status: in_force

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.
R.I. Gen. Laws § 39-14-3 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-3
§ 39-14-3. Certificate required for operation  Application and fee.
Status: in_force

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.
R.I. Gen. Laws § 39-11-23 — RI Code / Title 39 / Chapter 39-11 / Section 39-11-23
§ 39-11-23. Penalty for violations.
Status: in_force

(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.
R.I. Gen. Laws § 39-27-2 — RI Code / Title 39 / Chapter 39-27 / Section 39-27-2
§ 39-27-2. Findings.
Status: in_force

The legislature finds that:

(a) Efficiency standards for certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels, thus saving money on utility bills.

(b) The efficiency standards save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.

(c) The efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power-transmission lines, and power-distribution system upgrades.

(d) Energy efficiency standards contribute to the economy of this state by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy, since energy bill savings can be spent on local goods and services.
R.I. Gen. Laws § 39-8-12 — RI Code / Title 39 / Chapter 39-8 / Section 39-8-12
§ 39-8-12. Municipal order to maintain crossing gates or fence.
Status: in_force

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 (Â½) thereof to the use of the state and the other one-half (Â½) to the use of the complainant.
R.I. Gen. Laws § 39-21-9 — RI Code / Title 39 / Chapter 39-21 / Section 39-21-9
§ 39-21-9. Receipt and deposit of federal funds.
Status: in_force

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.
R.I. Gen. Laws § 39-33-1 — RI Code / Title 39 / Chapter 39-33 / Section 39-33-1
§ 39-33-1. Definitions.
Status: in_force

As used in this chapter:

(1) Commission means the public utilities commission.

(2) Energy storage system means any technology capable of converting electrical energy to some form of stored energy for reconversion to electrical energy at a later time.

(3) Long-duration energy storage system means energy storage systems that are capable of permanently displacing fossil fuel energy systems designed to store energy or necessary for balancing intermittent renewable energy resources.
R.I. Gen. Laws § 39-30-2 — RI Code / Title 39 / Chapter 39-30 / Section 39-30-2
§ 39-30-2. Definitions.
Status: in_force

When used in this chapter, the following terms shall have the following meanings:

(1) Electric distribution company means a company defined in § 39-1-2(a)(12), supplying standard-offer service, last-resort service, or any successor service to end-use customers.

(2) Lighting equipment means all equipment used to light streets in the municipality, the operation and maintenance of which is currently charged to the municipality, including lighting ballasts, fixtures, and other equipment necessary for the conversion of electric energy into streetlighting service, but excluding the utility poles upon which the lighting equipment is fixed. Lighting equipment shall include, but not be limited to, decorative street and area lighting equipment and solid-state (LED) lighting technologies.

(3) Office means the office of energy resources.
R.I. Gen. Laws § 39-3-14 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-14
§ 39-3-14. Accounting and records of utilities.
Status: in_force

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.
R.I. Gen. Laws § 39-3-36 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-36
§ 39-3-36. Notice of railroad hearing.
Status: in_force

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.
R.I. Gen. Laws § 39-31-5 — RI Code / Title 39 / Chapter 39-31 / Section 39-31-5
§ 39-31-5. State and regional energy procurement.
Status: in_force

(a) Consistent with the purposes of this chapter, the public utility company that provides electric distribution as defined in § 39-1-2(a)(12), as well as natural gas as defined in § 39-1-2(a)(17), in consultation with the office of energy resources and the division of public utilities and carriers is authorized to voluntarily participate in state, multistate, or regional efforts to:

(1) Procure domestic or international large-scale hydroelectric power, nuclear power, and eligible renewable energy resources, as defined by § 39-26-5(a), on behalf of electric ratepayers;

(2) Procure incremental, natural-gas-pipeline infrastructure and capacity into New England to help strengthen energy system reliability and facilitate the economic interests of the state and its ratepayers;

(3) Support the development and filing of necessary tariffs and other appropriate cost-recovery mechanisms that allocate the costs of new, electric-transmission and natural-gas-pipeline infrastructure and capacity projects selected pursuant to the provisions of this chapter to ratepayers, such that costs are shared among participating states in an equitable manner; and

(4) To the extent that the public utility company that provides electric distribution as defined in § 39-1-2(a)(12), as well as natural gas as defined in § 39-1-2(a)(17), pursues the objectives identified above, the public utility company shall utilize appropriate, competitive processes, and maintain compliance with applicable federal and state siting laws.

(b) Any procurement authorized under this section shall be commercially reasonable.
R.I. Gen. Laws § 39-7-6 — RI Code / Title 39 / Chapter 39-7 / Section 39-7-6
§ 39-7-6. Heating of cars.
Status: in_force

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 (Â½) thereof to the use of the complainant, and one-half (Â½) thereof to the use of the state.
R.I. Gen. Laws § 39-30-4 — RI Code / Title 39 / Chapter 39-30 / Section 39-30-4
§ 39-30-4. Liberal construction.
Status: in_force

The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.
R.I. Gen. Laws § 39-3-37.1 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-37.1
§ 39-3-37.1. Conservation notice on water bills.
Status: in_force

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.
R.I. Gen. Laws § 39-9-2 — RI Code / Title 39 / Chapter 39-9 / Section 39-9-2
§ 39-9-2. Abandonment of stations  Seasonal stations.
Status: in_force

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.
R.I. Gen. Laws § 39-1-32 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-32
§ 39-1-32. Emergency powers of commission.
Status: in_force

(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.
R.I. Gen. Laws § 39-34-1 — RI Code / Title 39 / Chapter 39-34 / Section 39-34-1
§ 39-34-1. Legislative findings.
Status: in_force

The general assembly finds and declares:

(1) Global climate change is increasing the frequency and intensity of storm events, and is increasing the number of harmful pests and fungi that threaten local trees and other vegetation;

(2) Tree-related damage is the leading cause of power outages, and these risks are amplified during storm events;

(3) Power restoration efforts are vital; however, these efforts are costly endeavors for local ratepayers and for our economy;

(4) More comprehensive and statewide vegetation management standards and practices can reduce the likelihood of power outages, drive utility cost efficiencies, enhance public safety, and help reduce ratepayer costs;

(5) Electric system reliability is paramount for a modern and vibrant economy, and is critical to the safety and well-being of all citizens  particularly as societys dependence on the grid increases due to the electrification of transportation, heating, and other energy demands; and

(6) A uniform and streamlined process for authorizing the electric distribution companys management of vegetation that encroaches upon or is likely to encroach upon electric distribution system equipment will help drive system and cost efficiencies across the grid and ensure communities and property owners are treated equitably across the state.
R.I. Gen. Laws § 39-1-27 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-27
§ 39-1-27. Electric distribution companies required to file restructuring plans.
Status: repealed

(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.
R.I. Gen. Laws § 39-14-18 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-18
§ 39-14-18. Proof of financial responsibility.
Status: in_force

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.
R.I. Gen. Laws § 39-35-2 — RI Code / Title 39 / Chapter 39-35 / Section 39-35-2
§ 39-35-2. Decommissioning plan required.
Status: in_force

The developer of any ground-mounted solar system shall, at the time they apply for required permits from the municipality of jurisdiction, submit a plan for decommissioning to include an estimate of the financial cost of implementing the plan. The municipality shall be required to keep the decommissioning plan on file; provided that, doing so does not make the municipality responsible for its implementation. Each municipality may require the developer to post a performance bond to cover the cost of its decommissioning plan.
R.I. Gen. Laws § 39-6-8 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-8
§ 39-6-8. Reversion of abandoned lands.
Status: in_force

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.
R.I. Gen. Laws § 39-20-11 — RI Code / Title 39 / Chapter 39-20 / Section 39-20-11
§ 39-20-11. Zoning and other municipal regulation.
Status: in_force

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.
R.I. Gen. Laws § 39-19-6.1 — RI Code / Title 39 / Chapter 39-19 / Section 39-19-6.1
§ 39-19-6.1. Public, education and government television studios and equipment.
Status: in_force

(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.
R.I. Gen. Laws § 39-14-24 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-24
§ 39-14-24. Severability.
Status: in_force

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.
R.I. Gen. Laws § 39-27-3 — RI Code / Title 39 / Chapter 39-27 / Section 39-27-3
§ 39-27-3. Definitions.
Status: in_force

As used in this chapter:

(1) Automatic commercial icemaker means a factory-made assembly that is shipped in one or more packages that consists of a condensing unit and ice-making section operating as an integrated unit, that makes and harvests ice cubes, and that may store and dispense ice. This term includes machines with capacities between and including fifty (50) and two thousand five hundred (2,500) pounds per twenty-four (24) hours.

(2) Ballast means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current and waveform) for starting and operating the lamp.

(3) Boiler means a self-contained, low-pressure appliance for supplying steam or hot water primarily designed for space heating.

(4) Bottle-type water dispenser means a water dispenser that uses a bottle or reservoir as the source of potable water.

(5) Chief of Energy and Community Services means the head official of the Rhode Island state energy office.

(6) Commercial clothes washer means a soft-mount horizontal or vertical-axis clothes washer that:

(i) Has a clothes container compartment no greater than three and one-half cubic feet (3.5 cu ft.) in the case of a horizontal-axis product or no greater than four cubic feet (4 cu ft.) in the case of a vertical-axis product; and

(ii) Is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries.

(7) Commercial hot food holding cabinet means an appliance that is a heated, fully-enclosed compartment with one or more solid doors, and that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. Commercial hot food holding cabinet does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

(8) Commercial pre-rinse spray valve means a hand-held device designed and marketed for use with commercial dishwashing and ware washing equipment and that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning.

(9) Commercial refrigerator, freezer, and refrigerator-freezer means self-contained refrigeration equipment that:

(i) Is not a consumer product as regulated pursuant to 42 U.S.C. § 6291 and subsequent sections;

(ii) Operates at a chilled, frozen, combination chilled/frozen, or variable temperature for the purpose of storing and/or merchandising food, beverages, and/or ice;

(iii) May have transparent and/or solid hinged doors, sliding doors, or a combination of hinged and sliding doors; and

(iv) Incorporates most components involved in the vapor compression cycle and the refrigerated compartment in a single cabinet.

This term does not include:

(i) Units with eighty-five cubic feet (85 cu. ft.) or more of internal volume;

(ii) Walk-in refrigerators or freezers;

(iii) Units with no doors; or

(iv) Freezers specifically designed for ice cream.

(10) Commission means the Rhode Island public utilities commission.

(11) Compensation means money or any other valuable thing, regardless of form, received, or to be received, by a person for services rendered.

(12) Electricity ratio is the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*EAE/(1000*Ef +3.412*EAE)) where EAE (average annual auxiliary electrical consumption) and EF (average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations.

(13) High-intensity discharge lamp means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts (3 W) per square centimeter.

(14) Illuminated exit sign means an internally-illuminated sign that is designed to be permanently fixed in place to identify a building exit and consists of an electrically powered integral light source that illuminates the legend EXIT and any directional indicators and provides contrast between the legend, any directional indicators and the background.

(15) Large packaged air-conditioning equipment means electronically-operated, air-cooled air-conditioning and air-conditioning heat pump equipment having cooling capacity greater than, or equal to, two hundred forty thousand (240,000) Btu/hour but less than seven hundred sixty thousand (760,000) Btu/hour that is built as a package and shipped as a whole to end-user sites.

(16) Low-voltage dry-type distribution transformer means a transformer that:

(i) Has an input voltage of six hundred volts (600 V) or less;

(ii) Is air-cooled;

(iii) Does not use oil as a coolant; and

(iv) Is rated for operation at a frequency of sixty hertz (60 Hz).

(17) Mercury-vapor lamp means a high-intensity discharge lamp in which the major portion of the light is produced by radiation from mercury operating at a partial pressure in excess of one hundred thousand (100,000) PA (approximately 1 atm). This includes clear, phosphor-coated, and self-ballasted lamps.

(18) Metal-halide lamp means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

(19) Metal-halide lamp fixture means a lamp fixture designed to be operated with a metal-halide lamp and a ballast for a metal-halide lamp.

(20) Probe-start metal-halide ballast means a ballast used to operate metal-halide lamps that does not contain an igniter and instead starts lamps by using a third starting electrode probe in the arc tube.

(21) Pulldown refrigerator means a commercial refrigerator with doors that, when fully loaded with twelve-ounce (12) canned beverages at ninety (90) degrees F, can cool these beverages to an average stable temperature of thirty-eight (38) degrees F in twelve (12) hours or less.

(22) Residential boiler means a self-contained appliance for supplying steam or hot water, that uses natural gas, propane, or home heating oil and has a heat input rate of less than three hundred thousand (300,000) Btu per hour.

(23) Residential furnace means a self-contained space heater designed to supply heated air through ducts of more than ten inches (10") length and utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home-heating oil, and that:

(i) Is designed to be the principal heating source for the living space of one or more residences;

(ii) Is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above sixty-five thousand (65,000) Btu per hour; and

(iii) Has a heat input rate of less than two hundred twenty-five thousand (225,000) Btu per hour.

(24) Single-voltage external AC to DC power supply means a device that:

(i) Is designed to convert line-voltage AC input into lower-voltage DC output;

(ii) Is able to convert to one DC output voltage at a time;

(iii) Is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load;

(iv) Is contained within a separate physical enclosure from the end-use product;

(v) Is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring;

(vi) Does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit;

(vii) Does not have a battery chemistry or type selector switch and indicator light; or

(viii) Has a nameplate output power less than or equal to two hundred fifty watts (250 W).

(25) State-regulated incandescent reflector lamp means a lamp, not colored or designed for rough or vibration service applications, with an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within one hundred fifteen to one hundred thirty volts (115 V to 130 V), and that falls into either of the following categories: a blown PAR (BPAR), bulged reflector (BR), or elliptical reflector (ER) bulb shape or similar bulb shape with a diameter equal to or greater than two and one-quarter inches (2.25"); or a reflector (R), parabolic aluminized reflector (PARA) bulged reflector (BR) or similar bulb shape with a diameter of two and one-quarter inches to two and three-quarter inches (2.25 to 2.75"), inclusive.

(26) Torchiere means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A torchiere may include downward-directed lamps in addition to the upward, indirect illumination.

(27) Traffic signal module means a standard eight-inch (8) (two hundred millimeter (200 mm)) or twelve-inch (12) (three hundred millimeter (300 mm)) traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

(28) Transformer means a device consisting of two (2) or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value. The term transformer does not include:

(i) Transformers with multiple voltage taps, with the highest voltage tap equaling at least twenty percent (20%) more than the lowest voltage tap; or

(ii) Transformers, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special purpose application and are unlikely to be used in general purpose applications.

(29) Unit heater means a self-contained, vented, fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space, except that such term does not include any products covered by federal standards established pursuant to 42 U.S.C. § 6291 and subsequent sections or any product that is a direct vent, forced flue heater with a sealed combustion burner.

(30) Walk-in refrigerator and walk-in freezer mean a space, designed for the purpose of storing and/or merchandising food, beverages, and/or ice, that is refrigerated to temperatures, respectively, at or above and below thirty-two (32) degrees F that can be walked into.

(31) Water dispenser means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.
R.I. Gen. Laws § 39-8-4.1 — RI Code / Title 39 / Chapter 39-8 / Section 39-8-4.1
§ 39-8-4.1. Removal of debris from railroad rights-of-way, switching devices, and railroad yards.
Status: in_force

(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²) 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²) on either side of the center line of any tracks wherein any switch is located, and a distance of nine feet (9²) 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.
R.I. Gen. Laws § 39-29-1 — RI Code / Title 39 / Chapter 39-29 / Section 39-29-1
§ 39-29-1. Jurisdiction over wireless service.
Status: in_force

Notwithstanding any general or public law to the contrary, the commission and the division shall have no jurisdiction or authority over wireless service.
R.I. Gen. Laws § 39-6-33 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-33
§ 39-6-33. Determination of price to be paid.
Status: in_force

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.
R.I. Gen. Laws § 39-2-4 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-4
§ 39-2-4. Acceptance of unlawful rebates or advantages.
Status: in_force

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.
R.I. Gen. Laws § 39-12-18 — RI Code / Title 39 / Chapter 39-12 / Section 39-12-18
§ 39-12-18. Revocation of common carrier certificate.
Status: in_force

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.
R.I. Gen. Laws § 39-27-8 — RI Code / Title 39 / Chapter 39-27 / Section 39-27-8
§ 39-27-8. Testing, certification, and enforcement.
Status: in_force

(a) The manufacturers of products covered by the chapter shall test samples of their products in accordance with the test procedures adopted pursuant to this chapter or those specified in the state building code. The chief of energy and community services, in consultation with the state building commissioner, shall adopt test procedures for determining the energy efficiency of the products covered by §39-27-4 if the procedures are not provided for in this section, and §39-27-5 or in the state building code, except that the test procedure for:

(1) Automatic commercial icemakers shall be the test standard specified by the Air Conditioning and Refrigeration Institute Standard 810-2003, as in effect on January 1, 2005;

(2) Bottle-type water dispensers shall be measured in accordance with the test criteria contained in version 1 of the U.S. Environmental Protection Agencys Energy Star Program/Requirement for Bottled Water Coolers, except units with an integral, automatic timer shall not be tested using Section D, Timer Usage, of the test criteria;

(3) Commercial hot food holding cabinets shall be the idle energy rate-dry test on ASTM F2140-01, Standard Test Method for Performance of Hot Food Holding Cabinets published by ASTM International Interior volume and shall be measured in accordance with the method shown in the U.S. Commercial Hot Food Holding Cabinets as in effect on August 15, 2003; and

(4) Residential furnaces and boilers AFUE shall be measured in accordance with the federal test method for measuring the energy consumption of furnaces and boilers contained in Appendix N to subpart B of part 430, title 10, Code of Federal Regulations.

The chief of energy and community services shall use U.S. Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The chief of energy and community services may use updated test methods when new versions of test procedures become available.

(b) Manufacturers of new products covered by §39-27-4, except for single-voltage external AC to DC power supplies, high-intensity discharge lamp ballasts, walk-in refrigerators and walk-in freezers, shall certify to the chief of energy and community services that the products are in compliance with the provisions of this chapter. The certifications shall be based on test results. The chief of energy and community services shall promulgate regulations governing the certification of the products and may coordinate with the certification programs of other states and federal agencies.

(c) The chief of energy and community services may test products covered by §39-27-4. If the products so tested are found not to be in compliance with the minimum efficiency standards established under §39-27-5, the chief of energy and community services shall:

(1) Charge the manufacturer of the product for the cost of product purchase and testing; and

(2) Make information available to the public on products found not to be in compliance with the standards.

(d) With prior notice and at reasonable and convenient hours, the chief of energy and community services may cause periodic inspections to be made of distributors or retailers of new products covered by §39-27-4 in order to determine compliance with the provisions of this chapter. The chief of energy and community services shall also coordinate in accordance with §23-27.3-111.7 regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the state building code.

(e) The chief of energy and community services shall investigate complaints received concerning violations of this chapter. Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the chief of energy and community services for any first violation. Repeat violations shall be subject to a civil penalty of not more than two hundred fifty dollars ($250). Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under this subsection are in addition to costs assessed under subsection (d) of this section.
R.I. Gen. Laws § 39-1-29 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-29
§ 39-1-29. Proceedings before federal agencies  Cooperation with other agencies.
Status: in_force

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.
R.I. Gen. Laws § 39-6-7 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-7
§ 39-6-7. Abandonment of condemned lands.
Status: in_force

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.
R.I. Gen. Laws § 39-2-15 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-15
§ 39-2-15. Interference with construction  Notice.
Status: in_force

(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.
R.I. Gen. Laws § 39-3-13.1 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-13.1
§ 39-3-13.1. Power to order refunds.
Status: in_force

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.
R.I. Gen. Laws § 39-1-6 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-6
§ 39-1-6. Holding over in office.
Status: in_force

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.
R.I. Gen. Laws § 39-32-3 — RI Code / Title 39 / Chapter 39-32 / Section 39-32-3
§ 39-32-3. Collocation of small wireless facilities on authority poles and authority structures.
Status: in_force

An authority may require a person to obtain a building, electrical, or a public right-of-way use or work permit to collocate small wireless facilities on authority poles or authority structures, provided such permits are of general applicability and do not apply exclusively to wireless facilities. An authority may not require a permit, other than a public right-of-way work permit, for routine maintenance on a previously approved small wireless facility or to replace a small wireless facility with a facility of substantially similar or smaller size and weight. An authority shall accept an application for, process, and issue a permit allowed under this chapter as follows:

(1) An authority shall receive applications for, and process and issue permits for, collocating small wireless facilities on a nondiscriminatory basis and in substantially the same manner as the permitting of other applicants within the jurisdiction of the authority. An applicant for a collocation permit shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers. If consistent with the preceding sentence, an authority may require an application to include information sufficient to determine whether the collocation meets applicable building or electrical codes or, if applicable, standards for construction in the right-of-way, provided such codes and standards are of general applicability.

(2) An authority may charge a fee to process an application to collocate a small wireless facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the authority to process the application, excluding any fees for review of an application charged by third parties on a contingency basis or a result-based arrangement, and further excluding any costs already recovered by existing fees, rates, or taxes paid by a wireless provider. The application processing fee shall be no greater than the application processing fee, if any, charged by the authority to persons seeking to place a pole in the public way. Except as provided in § 39-32-5, an applicant shall not be required to pay any additional fees or charges, or perform or provide any services not directly related to the collocation, in order to collocate small wireless facilities.

(3) At its discretion, an applicant shall be allowed to file a consolidated application and receive a single permit to collocate small wireless facilities at multiple locations within the jurisdiction of the authority.

(4) An authority may not institute a moratorium on filing, receiving, or processing applications or issuing permits or approvals for the collocation of small wireless facilities.

(5) All permits regarding the collocation of small wireless facilities shall be of unlimited duration but initial construction shall be completed within one hundred eighty (180) days after the permit issuance date, unless the authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

(6) Notwithstanding the provisions of § 39-32-2(c), a permit for a collocation within a historic district as defined in § 45-24.1-1.1 shall be subject to historic district commission review and approval, in accordance with standards to be adopted by regulation or rule. The standards may include that a collocation meet reasonable design, context, color, and stealth and concealment requirements and make reasonable accommodation for location within the district. The historic district commission may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request for waiver.

(7) A permit may require a collocation on an authority pole that is a decorative pole to meet objective design standards, including that a collocation meet reasonable location, context, color, and stealth and concealment requirements. Such standards shall be adopted by ordinance, regulation, or rule. An authority may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request.
R.I. Gen. Laws § 39-15-3 — RI Code / Title 39 / Chapter 39-15 / Section 39-15-3
§ 39-15-3. Riparian rights as to tidelands.
Status: in_force

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.
R.I. Gen. Laws § 39-1-4 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-4
§ 39-1-4. Composition of commission  Terms  Vacancies.
Status: in_force

(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.
R.I. Gen. Laws § 39-1-27.6 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-27.6
§ 39-1-27.6. Standards of conduct.
Status: in_force

(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.
R.I. Gen. Laws § 39-7-4 — RI Code / Title 39 / Chapter 39-7 / Section 39-7-4
§ 39-7-4. Passenger cars not to be followed by cars loaded with dirt or stone.
Status: in_force

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 (Â½) thereof to the use of the complainant and one-half (Â½) thereof to the use of the state.
R.I. Gen. Laws § 39-11-1 — RI Code / Title 39 / Chapter 39-11 / Section 39-11-1
§ 39-11-1. Definitions.
Status: in_force

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.
R.I. Gen. Laws § 39-21-16 — RI Code / Title 39 / Chapter 39-21 / Section 39-21-16
§ 39-21-16. State agencies  Toll-free telephone line.
Status: in_force

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.
R.I. Gen. Laws § 39-17-2 — RI Code / Title 39 / Chapter 39-17 / Section 39-17-2
§ 39-17-2. Purposes for which permitted  Duration  Protection of existing businesses  Landowners rights.
Status: in_force

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.
R.I. Gen. Laws § 39-6-13 — RI Code / Title 39 / Chapter 39-6 / Section 39-6-13
§ 39-6-13. Superior court jurisdiction.
Status: in_force

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.
R.I. Gen. Laws § 39-14-19 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-19
§ 39-14-19. Owners exempt from other financial responsibility requirements.
Status: in_force

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.
R.I. Gen. Laws § 39-3-33 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-33
§ 39-3-33. Rules of division.
Status: in_force

The division shall make such reasonable rules as will aid in the administration and enforcement of chapters 1  5 of this title.
R.I. Gen. Laws § 39-2-1.2 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-1.2
§ 39-2-1.2. Utility base rate  Advertising, demand-side management, and renewables.
Status: in_force

(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.
R.I. Gen. Laws § 39-21-5 — RI Code / Title 39 / Chapter 39-21 / Section 39-21-5
§ 39-21-5. Other references to E-911 uniform emergency telephone system  References to the project or to 9-1-1 system.
Status: in_force

(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.
R.I. Gen. Laws § 39-3-30 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-30
§ 39-3-30. Investigation and order as to transaction between affiliates.
Status: in_force

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.
R.I. Gen. Laws § 39-31-6 — RI Code / Title 39 / Chapter 39-31 / Section 39-31-6
§ 39-31-6. Utility filings with the public utilities commission.
Status: in_force

(a) Pursuant to the procurement activities in § 39-31-5 or § 39-31-10, the public utility company that provides electric distribution as defined in § 39-1-2(a)(12), as well the public utilities that distribute natural gas as provided by § 39-1-2(a)(20), are authorized to voluntarily file proposals with the public utilities commission for approval to implement these policies and achieve the purposes of this chapter. The companys proposals may include, but are not limited to, the following authorizations:

(1) Subject to review and approval of the commission, to enter into long-term contracts through appropriate competitive processes for large-scale hydroelectric power, nuclear power, and/or renewable energy resources, as defined by § 39-26-5(a); provided that:

(i) The electric distribution company may, subject to review and approval of the commission, select a reasonable, open, and competitive method of soliciting proposals for the purchase of these power resources, that may include public solicitations and individual negotiations.

(ii) The solicitation process shall permit a reasonable amount of negotiating discretion for the parties to engage in arms-length negotiations over final contract terms.

(iii) Each long-term contract entered into pursuant to this section shall contain a condition that it shall not be effective without commission review and approval.

(iv) The electric distribution company shall file the contract(s) or unsigned contract(s) pursuant to § 39-31-10(c), along with a justification for its decision, within a reasonable time after it has executed the contract following a solicitation or negotiation.

(v) Subject to review and approval of the public utilities commission, to enter into long-term contracts for natural-gas-pipeline infrastructure and capacity that are commercially reasonable and advance the purposes of this chapter at levels beyond those commitments necessary to serve local gas distribution customers, and may do so either directly, or in coordination with, other New England states and instrumentalities; utilities; generators; or other appropriate contracting parties.

(vi) The commission shall accept public comment on any contracts filed by the distribution utility, as authorized under this section, for a period no less than thirty (30) days.

(A) During this public comment period, the contracts shall be reviewed by the following state agencies, which shall provide advisory opinions to the public utilities commission on the topics specified, and the public utilities commission shall give due consideration to the advisory opinions filed:

(I) The department of environmental management (DEM) shall provide an advisory opinion on the expected greenhouse gas emissions and statewide environmental impacts resulting from the proposed contract(s), including a determination as to whether the proposed project(s) advance the goals of chapter 6.2 of title 42 (the 2021 Act on Climate).

(II) The commerce corporation shall provide an advisory opinion on the expected statewide economic impacts resulting from the proposed contract(s).

(III) The office of energy resources shall provide an advisory opinion on the expected energy security, reliability, environmental, and economic impacts resulting from the contract(s).

(B) The commission shall notify the aforementioned agencies upon the filing of any contract filed by the distribution utility pursuant to this chapter, and notify them of any related hearings and/or proceedings.

(C) Advisory opinions issued by agencies designated under subsection (a)(1)(vi)(A) of this section shall not be considered as final decisions of the agencies making the opinions, and shall not be subject to judicial review under § 42-35-15, or any other provision of the general laws.

(vii) The commission shall approve the contract(s) if it determines that:

(A) The contract is commercially reasonable;

(B) The requirements for the solicitation have been met;

(C) The contract is consistent with achievement of the states greenhouse gas reduction targets as specified in chapter 6.2 of title 42 (the 2021 Act on Climate); and

(D) The contract is consistent with the purposes of this chapter.

(viii) Participate in a multistate or regional sharing of costs through the Federal Energy Regulatory Commission-approved tariffs for the costs of electric transmission and natural-gas-pipeline infrastructure projects pursued under this chapter.

(b) The commission shall hold evidentiary hearings and public hearings to review any contract filing that may be made pursuant to this section and issue a written order approving or rejecting the contract within one hundred twenty (120) days of the filing; in rejecting a contract, the commission may advise the parties of the reason for the contract being rejected and provide an option for the parties to attempt to address the reasons for rejection in a revised contract within a specified period not to exceed ninety (90) days.
R.I. Gen. Laws § 39-28-6 — RI Code / Title 39 / Chapter 39-28 / Section 39-28-6
§ 39-28-6. Effect on tax obligations or authority.
Status: in_force

Nothing in this act shall be construed to modify or affect any tax obligations imposed by § 44-13-4 or the authority of the department of revenue to enforce any such obligations.
R.I. Gen. Laws § 39-2-1 — RI Code / Title 39 / Chapter 39-2 / Section 39-2-1
§ 39-2-1. Reasonable and adequate services  Reasonable and just charges.
Status: in_force

(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.
R.I. Gen. Laws § 39-8-8 — RI Code / Title 39 / Chapter 39-8 / Section 39-8-8
§ 39-8-8. Maintenance of highways occupied by rails.
Status: in_force

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.
R.I. Gen. Laws § 39-14-2 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-2
§ 39-14-2. Powers of division.
Status: in_force

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.
R.I. Gen. Laws § 39-3-4 — RI Code / Title 39 / Chapter 39-3 / Section 39-3-4
§ 39-3-4. Water carriers entitled to certificate as of right.
Status: in_force

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.
R.I. Gen. Laws § 39-1-27.8 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-27.8
§ 39-1-27.8. Supply procurement portfolio.
Status: in_force

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.
R.I. Gen. Laws § 39-31-13 — RI Code / Title 39 / Chapter 39-31 / Section 39-31-13
§ 39-31-13. Severability.
Status: in_force

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.
R.I. Gen. Laws § 39-1-23.1 — RI Code / Title 39 / Chapter 39-1 / Section 39-1-23.1
§ 39-1-23.1. Motor carrier enforcement program created  Recovery of expenses through a percentage of fines collected from motor carriers.
Status: in_force

(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.
R.I. Gen. Laws § 39-16-11 — RI Code / Title 39 / Chapter 39-16 / Section 39-16-11
§ 39-16-11. Terms and sale of bonds  Refunding.
Status: in_force

(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.
R.I. Gen. Laws § 39-19-10.1 — RI Code / Title 39 / Chapter 39-19 / Section 39-19-10.1
§ 39-19-10.1. Installation of cable television in mobile or manufactured home parks.
Status: in_force

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.
R.I. Gen. Laws § 39-19-12 — RI Code / Title 39 / Chapter 39-19 / Section 39-19-12
§ 39-19-12. Billing to subscribers.
Status: in_force

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.
R.I. Gen. Laws § 39-14-2.2 — RI Code / Title 39 / Chapter 39-14 / Section 39-14-2.2
§ 39-14-2.2. Notice of change in rates.
Status: in_force

(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.
R.I. Gen. Laws § 39-13-9 — RI Code / Title 39 / Chapter 39-13 / Section 39-13-9
§ 39-13-9. Proof of financial responsibility.
Status: in_force

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.