reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-2.2. - Qualifications of members.

§ 46-15.1-2.2. Qualifications of members.
(a)
Each public member of the board, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
(b)
No member of the board shall be in the employ of, or own any stock in, or be in any way directly or indirectly financially interested in any private corporation or company engaged in the supply, storage, distribution, or sale of water. No member shall, either personally or through a partner or agent, render any professional service or make or perform any business contract with or for any such corporation or company; nor shall any member, directly or indirectly, receive a commission, bonus, discount, present, or reward from any such corporation or company; provided, however, that the limitation set forth herein shall not apply in the case of those public members affiliated with public water systems who receive directors’ fees or other payments for their services with a public water system.
History of Section.
P.L. 1990, ch. 461, § 6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-2.3. - Officers of the board — Quorum and vote required for action.

§ 46-15.1-2.3. Officers of the board — Quorum and vote required for action.
Forthwith, and upon the enactment of this chapter, and annually in the month of March, thereafter, the board shall elect one of its public members as chairperson, one of its public members as vice chairperson, and shall also elect a secretary either from its membership or its technical staff. The board may elect from among its members such other officers as it deems necessary. Nine (9) voting members of the board constitutes a quorum. A majority vote of those present and voting shall be required for action. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.
History of Section.
P.L. 1990, ch. 461, § 6; P.L. 1999, ch. 461, § 2; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-2.4. - Compensation of members.

§ 46-15.1-2.4. Compensation of members.
(a)
The members of the board shall serve without compensation.
(b)
The members of the board may also be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
History of Section.
P.L. 1990, ch. 461, § 6; P.L. 2005, ch. 117, art. 21, § 33; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-4. - Purposes.

§ 46-15.1-4. Purposes.
The purposes of the water resources board under this chapter shall be to carry out the powers and duties of the board set forth in this chapter, including, without limitation, to establish water supply facilities and lease those facilities to cities, towns, districts, and other municipal, quasi municipal or private corporations or companies engaged in the water supply business in Rhode Island, or contract for the use of the facilities by the parties, or sell to those parties the water derived from, carried by, or processed in the facilities.
History of Section.
P.L. 1970, ch. 304, § 1; P.L. 1981, ch. 80, § 6; P.L. 1990, ch. 461, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-4.1. - “Water supply facilities” defined.

§ 46-15.1-4.1. “Water supply facilities” defined.
The phrase
“water supply facilities”
wherever appearing in this chapter and chapter 15 of this title means water reservoirs, wells and well sites, treatment, transmission or distribution systems, stream gauging stations, any and all real estate or interests in real estate held in connection with those, all equipment and improvements held in connection with those, and any and all other property or interests in them, real, personal or mixed, used or held to be used in connection with those.
History of Section.
P.L. 1986, ch. 56, § 2; P.L. 1990, ch. 461, § 5; P.L. 1999, ch. 461, § 2; P.L. 2000, ch. 336, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-5.1. - Powers in support of the Rhode Island rivers council.

§ 46-15.1-5.1. Powers in support of the Rhode Island rivers council.
Upon the request of the Rhode Island rivers council, the board may exercise any powers set forth in § 46-15.1-5 on behalf of the Rhode Island rivers council in order to accomplish the purposes of the council.
History of Section.
P.L. 2004, ch. 159, § 3; P.L. 2004, ch. 254, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-5.2. - Duties of the board.

§ 46-15.1-5.2. Duties of the board.
(a)
The board shall have the following additional duties:
(1)
Within ninety (90) days after the end of each fiscal year, the board (corporate) shall submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide:
(i)
A summary of the board’s (corporate) meetings including when the board (corporate) met, subjects addressed, and decisions rendered; a summary of the board’s (corporate) actions including a listing of entities for which water supply facilities were established, leased, contracted for the use of, or which received water sold from such facilities; bonds and notes issued; grants or loans applied or contracted for; funds invested or deposited; assets acquired; assets sold, leased, or conveyed to municipal water agencies, departments, special water districts, or private water companies; contracts entered into to supply raw or processed water; trust agreements entered into with corporate trustees; actions taken in support of the work of the Rhode Island Rivers Council; a synopsis of any law suits or other legal matters related to the authority of the board (corporate); a consolidated financial statement of all funds received and expended by the board (corporate) including the source of the funds; a listing of the staff and/or consultants employed by the board (corporate); a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; and a listing of findings and recommendation derived from board (corporate) activities.
(ii)
The report shall be posted electronically on the general assembly and the secretary of state’s website as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of the provisions of this section.
(2)
The board shall conduct a training course for newly appointed and qualified members and new designees of ex-officio members within six (6) months of their qualification or designation. The course shall be developed by the general manager, approved by the board, and conducted by the general manager. The board may approve the use of any board or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 46-13, 46-14, 46-15, 46-15.1, 46-15.2, 46-15.3, 46-15.4, 46-15.5, 46-15.6, 46-15.7, 42-46, 38-2 and 36-14; and the board’s rules and regulations.
(b)
The director of the department of administration shall, within ninety (90) days of the effective date of this act [June 16, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.
History of Section.
P.L. 2006, ch. 104, § 3; P.L. 2006, ch. 126, § 3; P.L. 2007, ch. 340, § 49.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-6. - Purchase or lease from state.

§ 46-15.1-6. Purchase or lease from state.
The state properties committee is authorized on behalf of the state, from time to time, to sell and convey or lease to the board, for the purposes of this chapter, any property (which may include water sources or the right to take water) held by the state for water supply purposes, or any interest therein. Any such sale of property shall be for fair market value as determined by the board and the state properties committee. Any such lease shall be for a term not exceeding fifty (50) years and shall be for such fair rental value as may be set forth in the lease or determined in accordance with the lease.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-8. - Funds.

§ 46-15.1-8. Funds.
(a)
Except as otherwise provided by the board, the funds of the board under this chapter shall be in the custody of the treasurer of the board. The fiscal year of the board under this chapter shall end on June 30 of each calendar year. All payments by the board under this chapter shall be made solely from the funds derived by the board from the exercise of its powers under this chapter. Payments to the state hereunder, in the nature of current expenses, shall be a first charge on the revenues of the project or projects to which the payments relate, and on such other funds as may be available hereunder to pay the current expenses of the project or projects. Payments to the state hereunder in the nature of capital costs shall be a first charge on the proceeds of bonds or notes issued by the board to finance the project or projects to which the payments relate, and on such other funds as may be available hereunder to pay the capital costs of the project or projects. A sale shall not be made by the state to the board under § 46-15.1-6 unless the necessary funds are available to pay the purchase price upon the conveyance.
(b)
The board may expend for any corporate purpose hereunder such sums as may be advanced to the board for the purpose by the state or by any city, town, district, or other municipal or quasi municipal or public or private corporation or company engaged in the water supply business, and each of those entities (other than the state) is authorized to make advances to the board in connection with any project or proposed project in which it is interested. Each advance by the state shall be repaid as provided in the foregoing paragraph. Each advance by any other entity shall be repaid to the extent and subject to the terms specified in or otherwise agreed at the time of the advance.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-9. - Temporary borrowing.

§ 46-15.1-9. Temporary borrowing.
The board may borrow money temporarily for the purposes of this chapter and chapter 15.3 of this title in anticipation of revenue or federal aid or in anticipation of the issue of bonds, and issue notes therefor. Notes issued in anticipation of revenue may not mature or be refunded beyond one year from the date of their original issue, and notes issued in anticipation of federal aid or of the issue of bonds may not mature or be refunded beyond five (5) years from the date of their original issue. Notes shall be payable solely from such funds as are derived under this chapter or chapter 15.3 of this title and provided for payment under the applicable trust agreement or resolution described in § 46-15.1-11, and shall contain a statement to this effect on their face.
History of Section.
P.L. 1970, ch. 304, § 1; P.L. 1987, ch. 417, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-12. - Trust funds.

§ 46-15.1-12. Trust funds.
All money received by the board under this chapter, whether as proceeds from the sale of bonds or notes or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-13. - Remedies.

§ 46-15.1-13. Remedies.
Any holder of bonds or notes issued under this chapter or of any of the coupons appertaining thereto, and the trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by the trust agreement or resolution, may bring suit upon the bonds, notes, or coupons and may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under the trust agreement or resolution, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the board or by any officer thereof, including the fixing, revising, and collecting of rates and rents. The court may appoint a receiver in any such proceedings.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-14. - Exemption from taxation.

§ 46-15.1-14. Exemption from taxation.
(a)
The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, and for the improvement of their health and living conditions, and the purchase, lease, operation, and maintenance of projects by the board under this chapter will constitute the performance of essential governmental functions. The board shall not be required to pay any taxes or assessments upon any property acquired or used by the board hereunder or upon its income, existence, or franchise hereunder, and the bonds and notes issued by the board hereunder and the interest thereon shall be exempt from taxation in the state. Sales to the board hereunder shall not be subject to any sales or similar tax, and the use of property by the board hereunder shall not be subject to any use or similar tax. The lease of property of the board to others hereunder for water supply purposes, contracts for the use by others, and the use thereof by the lessees or others contracting with the board, shall not be subject to any sales, use, or similar tax, and the lessees or other users under the contracts shall not be required to pay any property taxes or assessments on the property except as provided below.
(b)
Except as to property leased to others, the board shall pay annually from its revenues hereunder, after first providing for debt service and other expenses and reserve requirements required by an applicable trust agreement or bond or note resolution to be met from current revenues, to each city, town, or district, a sum of money, in lieu of property taxes on its property hereunder, equal to any property tax levied on the property by the city, town, or district during the year next preceding the acquisition of the property by the board. As to property leased to others, the lessee shall pay such amount, except to the extent that provision is made in the lease for payment by the board, under the terms set forth in the foregoing sentence.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-15. - Bonds and notes eligible for investment.

§ 46-15.1-15. Bonds and notes eligible for investment.
Bonds and notes issued by the board hereunder are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, banks, trust companies, banking associations, investment companies, savings institutions, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations is now or may hereafter be authorized by law.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-16. - Negotiable instruments.

§ 46-15.1-16. Negotiable instruments.
Notwithstanding any of the foregoing provisions of this chapter or any recitals in any bonds and notes issued by the board hereunder, all the bonds and notes shall be deemed to be negotiable instruments under the laws of the state and investment securities under the Uniform Commercial Code.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-17. - Refunding bonds.

§ 46-15.1-17. Refunding bonds.
(a)
The board may issue refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds as may be required by a trust agreement or resolution securing bonds or notes. The refunding bonds may be issued at such time or times simultaneous with or prior to the maturity, acceleration, or redemption date of the bonds being refunded as the board may determine to be in the public interest.
(b)
The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the board, to the purchase, retirement at maturity, or redemption of those 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 assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds and notes to be so refunded. The interest, income, and profits, if any, earned or realized on any investment may also be applied to the payment 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 board for use by it in furtherance of its purposes.
(c)
The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the board in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds, other than refunding bonds, insofar as the provisions may be applicable, but no bonds shall be refunded to a date more than forty (40) years from the date of their original issue.
History of Section.
P.L. 1970, ch. 304, § 1; P.L. 1987, ch. 417, § 5; P.L. 2007, ch. 340, § 49.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-17.1. - Dissolution.

§ 46-15.1-17.1. Dissolution.
If the board shall be dissolved all funds of the board not required for the payment of bonds shall be paid to the general treasurer for the use of the state, and all property belonging to the board shall be vested in the state and delivered to it.
History of Section.
P.L. 1986, ch. 56, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-17.2. - Inconsistent provisions.

§ 46-15.1-17.2. Inconsistent provisions.
Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, or of any municipal charter or of any rule or regulation of the state or any municipality, the provisions of this chapter shall be controlling.
History of Section.
P.L. 1986, ch. 56, § 7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-17.3. - Limitation of powers.

§ 46-15.1-17.3. Limitation of powers.
The state does hereby pledge to and agree with the holders of any bonds issued by the board pursuant to this chapter that the state will not alter or limit the rights hereby vested in the board to fulfill the terms of any agreement made with or for the benefit of the holders of bonds, or in any way impair the rights and remedies of bondholders, until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders are fully met and discharged. The board is authorized to include this pledge and agreement of the state in any agreement with bondholders.
History of Section.
P.L. 1987, ch. 417, § 6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-18. - Severability — Constructions.

§ 46-15.1-18. Severability — Constructions.
(a)
If any provision of this chapter shall be held invalid in any circumstance, the invalidity shall not affect any other provisions or circumstances.
(b)
This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not those steps are required by statute.
(c)
This chapter shall be construed liberally in aid of its declared purposes. The powers granted hereby shall be in addition to, independent of, and not in substitution for any other powers granted by law.
History of Section.
P.L. 1970, ch. 304, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-19. - Surface reservoirs.

§ 46-15.1-19. Surface reservoirs.
Notwithstanding the foregoing, no provision of this chapter, nor any language contained therein, shall allow or permit any funds, proceeds, revenues, or other sums of money derived by, through, or from the issuance of revenue bonds as authorized under this chapter, to be used for the design or construction of any surface reservoirs, without the approval of the general assembly, or to be used in connection with the acquisition of sites for the development of surface reservoirs through the exercise by the water resources board of the power of eminent domain as provided under § 46-15.1-5(15) and in accordance with the provisions of chapter 6 of title 37.
History of Section.
P.L. 1970, ch. 304, § 1; P.L. 1999, ch. 461, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-19.1. - Big River Reservoir — Administration.

§ 46-15.1-19.1. Big River Reservoir — Administration.
The Rhode Island water resources board, established pursuant to this chapter and chapter 15 of this title, shall be the only designated agency which will administer those lands acquired for the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws of 1964. The director of the department of environmental management and the director’s authorized agents, employees, and designees shall, together with the water resources board in accordance with the Big River management area land use plan for the lands, protect the natural resources of the Big River Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the department of environmental management, as provided for in chapter 17.1 of title 42, and as provided for in title 20 of the General Laws.
History of Section.
P.L. 2000, ch. 284, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-20. - Water development account fund.

§ 46-15.1-20. Water development account fund.
There is created a special fund called
“water development fund”
, a general revenue fund within the general fund, which shall record any net proceeds which may be paid to the state as a result of the lease of any reservoir sites or other facilities as may be acquired or constructed by the state in accordance with the provisions of this chapter, or as otherwise authorized or permitted, or as a result of the sale of surplus property or any interest therein, including, without limiting the generality of the foregoing, the sale of excess gravel, timber, or other materials located on the reservoir sites or other facilities. Monies are to be deposited as general revenues. The amounts appropriated shall be made available for the purposes authorized by this chapter, and also hereby made available for borrowing from the board, in accordance with and pursuant to the provisions of this chapter exclusive of acquisition of reservoir sites, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment or loan of such sums or such portions thereof as may be required, from time to time, upon receipt by him or her of properly authenticated vouchers.
History of Section.
P.L. 1990, ch. 461, § 6; P.L. 1991, ch. 44, art. 76, § 9; P.L. 1995, ch. 370, art. 40, § 159; P.L. 1999, ch. 461, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-21. - Annual report of water provider.

§ 46-15.1-21. Annual report of water provider.
Each water providing and water supply company both public and private doing business in this state shall forward an annual report to the water resources board setting forth the status of any water supply within the company’s jurisdiction and control, and progress made towards achieving the goals of the entity’s water supply management plan as prescribed in §§ 46-15.3-5.1 and 46-15.3-7.
History of Section.
P.L. 1991, ch. 20, § 1; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-22. - Discontinuation of borrowing authority and abolishment of water resources board (corporate).

§ 46-15.1-22. Discontinuation of borrowing authority and abolishment of water resources board (corporate).
(a)
Notwithstanding any law to the contrary, including, but not limited to, § 46-15.1-10, upon the effective date of this section, the water resources board (corporate), established as a body politic and corporate and public instrumentality pursuant to this chapter, shall be prohibited from borrowing money or issuing bonds for any purpose.
(b)
The water resources board (corporate) shall continue to repay existing debt until all such debt is fully repaid. Upon the repayment by the water resources board (corporate) of all such existing obligations, the water resources board (corporate) shall be dissolved and all existing functions and duties of the water resources board (corporate) shall be transferred to the Rhode Island infrastructure bank, a body politic and corporate and public instrumentality of the state established pursuant to chapter 12.2 of this title.
History of Section.
P.L. 2009, ch. 68, art. 5, § 6; P.L. 2015, ch. 141, art. 14, § 20.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-1. - Short title.

§ 46-15.2-1. Short title.
This chapter shall be known as the “Rhode Island Water Facilities Assistance Program”.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-2. - Legislative findings.

§ 46-15.2-2. Legislative findings.
The general assembly finds and declares that:
(1)
A number of Rhode Island municipalities periodically suffer water shortages severe enough to require usage curtailments as a result of droughts.
(2)
The limited water supply systems and sources of these municipalities, burdened by rising water usage caused by growth and development, will encounter increasing difficulties coping with short-term climatologically caused shortages.
(3)
The quality of water supplies of a number of municipalities are threatened by development and by contamination.
(4)
Population growth, commercial and industrial development, and patterns of higher water consumption have forced some communities to abandon or supplement their inadequate or contaminated original sources of water, and to develop new supplies of water often located beyond their borders and outside their original service areas.
(5)
It has become evident that individual water systems serving the public often no longer have the financial resources to find and develop adequate new water supplies. The costs of constructing aqueducts, major transmission lines, and pumping stations to deliver water to communities from remote sources, and the difficulties in acquiring rights-of-way, overwhelm most communities and indicate the need for state involvement.
(6)
Water of high quality is a sufficiently abundant resource in Rhode Island that enough water can be made available to meet all the needs of each Rhode Islander through the foreseeable future provided that water can be conveyed to the communities and water systems in need from remote sources.
(7)
The water resources board was established in 1967 and charged with the responsibility of acquiring and developing new major water supplies for the people of Rhode Island. The Rhode Island water facilities assistance program enables the water resources board to assist public water systems in obtaining and delivering potable water to meet present and future needs throughout the state of Rhode Island.
(8)
The water resources board and other existing agencies of state government have adequate capability and authority to carry out this program without the creation of new agencies.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-3. - Definitions.

§ 46-15.2-3. Definitions.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:
(1) “Distribution facilities”
means the pipes and appurtenant facilities employed specifically to deliver, to dispense, to render, or to circulate potable water directly for the benefit of a consumer or a community of consumers.
(2) “Intersystem facilities”
means transmission facilities designed and constructed by the owner of any public water system having the capacity to serve two (2) or more water systems.
(3) “Transmission facilities”
means the pipes, pumping stations, and storage facilities required to carry potable water, or raw water to a treatment facility or storage facility for later treatment, from a water source to or throughout an area served or to be served by a public water system for the specific purpose of supplying water to support a general population. Transmission facilities shall not include the distribution system. Determinations concerning eligible transmission facilities for purposes of this program shall be made by the water resources board.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1988, ch. 129, art. 28, § 1; P.L. 1990, ch. 461, § 7; P.L. 1992, ch. 292, § 1; P.L. 1999, ch. 461, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-7. - Project execution.

§ 46-15.2-7. Project execution.
The water resources board shall determine the priority and scheduling of all projects assisted by this program, and shall ensure that all construction is properly managed and successfully completed.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-8. - Liberal construction.

§ 46-15.2-8. Liberal construction.
The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to any agency by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon that agency.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.2 - Water Facilities Assistance Program › Section 46-15.2-9. - Severability.

§ 46-15.2-9. Severability.
If any provisions of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.
History of Section.
P.L. 1983 (S.S.), ch. 332, art. II, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-1. - Short title.

§ 46-15.3-1. Short title.
This chapter shall be referred to as the “Public Drinking Water Supply System Protection Act of 1997”.
History of Section.
P.L. 1987, ch. 417, § 1; P.L. 1997, ch. 360, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-2. - Designation of water resources board — Selection of treasurer.

§ 46-15.3-2. Designation of water resources board — Selection of treasurer.
(a)
Except as specified in § 46-15.3-9, the water resources board is designated to carry out the provisions of this chapter in its capacity as designated in § 46-15.1-2. In exercising its powers under this chapter, the board shall constitute a body politic and corporate and a public instrumentality of the state having a distinct legal existence from the state and not constituting a department of the state government, but this shall not affect the status of the board when exercising other powers. The board may take action under this chapter at any meeting of the board. A member of the board who is affiliated with a public water system in Rhode Island as provided in § 46-15-2 shall not thereby be disqualified from acting as a member of the board on a transaction under this chapter with the public water system.
(b)
The treasurer, chosen pursuant to § 46-15.1-2, shall act as such under this chapter. If a treasurer has not been chosen by the board pursuant to § 46-15.1-2, the board shall at any time, and annually in the month of March thereafter, choose a treasurer to act as such under this chapter. The treasurer need not be a member of the board or of its staff and shall serve until his or her successor is chosen and taken office, unless sooner removed by the board with or without cause. In the event of a vacancy in the office of treasurer, the board shall fill the vacancy for the unexpired term.
History of Section.
P.L. 1987, ch. 417, § 1; P.L. 2007, ch. 340, § 51.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-3. - Purposes and powers.

§ 46-15.3-3. Purposes and powers.
The purposes of the board and the suppliers under this chapter shall be to protect the quality and safety of the public drinking water supply. In carrying out the foregoing purposes the board shall have, in addition to the powers granted in this chapter, all of the powers enumerated in chapter 15.1 of this title, and shall have the power to acquire interests in land in the manner provided in § 46-15.1-5, but in exercising these powers, the board shall not be subject to any limitation on the use of funds contained in § 46-15.1-19.
History of Section.
P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 461, § 8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-7. - Water quality protection component.

§ 46-15.3-7. Water quality protection component.
(a)
Every supplier of public water eligible for trust fund proceeds under this chapter shall, by July 1, 1988, complete a water quality protection component which shall at a minimum include:
(1)
Determination of the boundaries of the watersheds of reservoirs serving the supplier or of the aquifers serving public wells.
(2)
Identification of sources of contamination of each reservoir or well field.
(3)
Identification of measures needed to protect each reservoir or well field from sources of contamination, including acquisition of buffer zones, diversion of storm water or spills, and desirable land use control regulations.
(4)
A priority list of actions for implementing these protection measures.
(b)
This component shall be adopted by the governing board of each water supplier following a public hearing. Notice of the public hearing shall be published once by the supplier at least twenty (20) days before the date set thereof, in a newspaper of general circulation in the State of Rhode Island. The notice shall set forth the date, time, and place of the hearing and shall include a brief description of the matter to be considered at the hearing. The component shall be updated at least once every five (5) years. Proceeds from the watershed protection fund shall be usable for reimbursement of suppliers for preparation of water quality protection plans.
History of Section.
P.L. 1987, ch. 417, § 1; P.L. 1992, ch. 468, § 2; P.L. 1997, ch. 360, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-7.3. - Rules governing content of programs, components, review, evaluation, funding, and implementation.

§ 46-15.3-7.3. Rules governing content of programs, components, review, evaluation, funding, and implementation.
The water resources board with the concurrence of the department of environmental management, the department of health, the department of administration’s division of planning, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall forthwith promulgate rules and regulations for the review of components as described in this chapter. The water resources board with the concurrence of the department of environmental management, the department of health, the department of administration’s statewide planning program, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards which it will use to evaluate the implementation of approved components, programs and funding mechanisms.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-7.4. - Excluding requirement of state mandated cost.

§ 46-15.3-7.4. Excluding requirement of state mandated cost.
The provisions of §§ 45-13-7 through 45-13-10 inclusive, shall not apply to this chapter.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-7.7. - Water suppliers — Temporary exemption.

§ 46-15.3-7.7. Water suppliers — Temporary exemption.
Those water suppliers, and all others subject to the provisions of this chapter, who, at the time that this chapter takes effect, have in process the development of a water supply management plan, or component thereof, as required under any provision of the general laws, shall be temporarily exempt from having to comply with this chapter, for a period of five (5) years following the submission of a water supply management plan required under other provisions of the general laws.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-8. - Notice of imposition of charge — Actions to contest validity.

§ 46-15.3-8. Notice of imposition of charge — Actions to contest validity.
Notice of the imposition of the water quality protection charge shall be published once in a newspaper of general circulation in the state of Rhode Island at some time subsequent to the imposition of the water quality protection charge. Actions to contest the validity of the proceedings for the imposition of the water quality protection charge must be commenced within sixty (60) days after the date of the notice, and no action thereafter commenced shall raise any question concerning the validity of the proceedings and imposition of the water quality protection charge. After the expiration of the period of sixty (60) days, the validity of the proceedings and the imposition of the water quality protection charge shall be conclusively presumed.
History of Section.
P.L. 1987, ch. 417, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-12. - Dissolution.

§ 46-15.3-12. Dissolution.
If the board shall be dissolved, all funds of the board not required for the payment of bonds shall be paid to the general treasurer for the use of the state, and all property belonging to the board shall be vested in the state and delivered to it. If the fund for the city of Providence shall be dissolved, all the funds not required for the payment of bonds shall be paid to the city of Providence.
History of Section.
P.L. 1987, ch. 417, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-13. - Severability — Construction.

§ 46-15.3-13. Severability — Construction.
(a)
If any provision of this chapter shall be held invalid in any circumstance, the invalidity shall not affect any other provisions or circumstances.
(b)
This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not the steps are required by statute.
(c)
This chapter shall be construed liberally in aid of its declared purposes. The powers granted hereby shall be in addition to, independent of, and not in substitution for any other powers granted by law.
History of Section.
P.L. 1987, ch. 417, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-16. - Actions by the department of health.

§ 46-15.3-16. Actions by the department of health.
The department of health shall review each water supply system management plan, replacement or amendment thereto filed with it, submit comments in writing to the water resources board, as to its completeness, appropriateness for the area served, and adequacy to achieve the objectives of this chapter, and, as appropriate, to meet the requirements of the Federal Safe Drinking Water Act, Chapter 13 of this title, Public Drinking Water Supply, and Chapter 14 of this title, Contamination of Drinking Water.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-17. - Actions by the department of environmental management.

§ 46-15.3-17. Actions by the department of environmental management.
The department of environmental management shall review each water supply system management plan, replacement or amendment thereto filed with it, and submit comments in writing to the water resources board.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-18. - Actions by the division of planning of the department of administration.

§ 46-15.3-18. Actions by the division of planning of the department of administration.
The division of planning of the department of administration shall:
Review each water supply system management plan, replacement, or amendment thereto submitted by a water supplier as provided by § 46-15.3-5.1 and submit comments in writing to the water resources board. Water supply system management plans or amendments thereto prepared by municipalities as required by § 46-15.3-5.1 shall be reviewed as provided by chapter 22.2 of title 45.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-19. - Actions by the division of public utilities and carriers and the public utilities commission.

§ 46-15.3-19. Actions by the division of public utilities and carriers and the public utilities commission.
The division of public utilities and carriers shall review each water supply system management plan, replacement or amendment thereto filed with it by a regulated water supplier and submit comments in writing to the water resources board as to its completeness, appropriateness for the area served and adequateness to achieve the objective of this chapter.
History of Section.
P.L. 1997, ch. 360, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-20. - Enforcement.

§ 46-15.3-20. Enforcement.
(a)
The water resources board shall forward any determination of non-compliance made pursuant to §§ 46-15.3-7.5 and 46-15.3-7.6 to the division of public utilities and carriers. The division of public utilities and carriers shall consider such determinations of non-compliance as a complaint under § 39-4-3.
(b)
The order of the division of public utilities and carriers may be appealed pursuant to § 39-5-1.
History of Section.
P.L. 1997, ch. 360, § 3; P.L. 2010, ch. 239, § 23.