reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-30.3. - Installation of public utility services for abutting owners on private ways authorized.

§ 39-1-30.3. Installation of public utility services for abutting owners on private ways authorized.
The owner, or owners, of real estate abutting on a private way who have by deed or by prescription existing rights of ingress and egress upon the way or other private ways, shall have the right to place, install, or construct in, on, along, under, and upon the private way or other private ways, poles and other appurtenances necessary for the transmission of electricity or telephone service, provided the facilities do not unreasonably obstruct the private way or other private ways, and do not interfere with or be inconsistent with the existing use by others of the way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans, and practices of the utility company that is to provide the electricity or telephone service. The agencies that provide the service shall comply with the rules and regulations of the public utilities commission. Any owner, or owners, may grant permission to a public utility company to enter upon the way or other private ways to place, install, repair, or relocate poles and other necessary appurtenances for the transmission of electricity or telephone service in accordance with the company or companies’ regulations, practices, and tariffs filed with the public utilities commission; provided, however, that no charge or added assessment shall be levied by the public utility company or companies against the owner or owners not connected to the service or services. Neither the person installing or repairing public utility facilities, nor the facilities, nor the electricity or telephone service transmitted shall be deemed to constitute a trespass upon the way or ways.
History of Section.
P.L. 1994, ch. 353, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-31. - Eminent domain.

§ 39-1-31. Eminent domain.
(a)
Before exercising any power of condemnation, a company shall present a petition to the commission describing the land, right of way, easement, or other interest in property it proposes to acquire, and setting forth why it is necessary to acquire it by eminent domain. The commission shall set a time and place for hearing the petition and shall give notice as the commission deems the circumstances require. If the commission shall determine that the proposed taking is for the benefit of the people of the state, and that it is necessary in order that the petitioner may render adequate service to the public, and that the use to which the property taken will be put will not unduly interfere with the orderly development of the region and scenic development, it shall issue a certificate authorizing the company to proceed with condemnation.
(b)
Any company acquiring an interest in land through the provisions of subsection (a) shall indemnify and hold harmless any and all owners, present and future, of land in which any right of way, easement, or other interest is acquired from harm caused by operations of the acquiring company that cause injury of any kind to the person or property of another.
(c)
No insurance company shall cause an insured to be placed into a risk pool by virtue of the fact that an easement has been granted under this section.
History of Section.
P.L. 1969, ch. 240, § 1; P.L. 1991, ch. 195, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-32. - Emergency powers of commission.

§ 39-1-32. Emergency powers of commission.
(a)
Any general or public law notwithstanding, the commission, when it determines that public safety so requires, or that failure to act immediately will result in irreparable injury to the public interest, or that an emergency exists in the financial affairs of a public utility which, if not met immediately, will interfere with the accommodations, convenience, and welfare of the people, may issue an order effective immediately, but for temporary duration, until formal notice be given and a hearing had of the parties in interest.
(b)
The superior court, upon the filing of a complaint sworn to by two (2) or more commissioners setting forth that a public utility has ceased, or that there is imminent danger of a public utility ceasing to provide service to its customers, and that in their opinion public safety requires that immediate action be taken to avoid irreparable injury to the public welfare or safety, shall forthwith issue a citation to the company to be served in such manner as the court shall direct, commanding the company to appear before the court on a day and in a place to be mentioned in the citation, then and there to show cause, if any it has, why a receiver of the company with all the powers and rights of a receiver in equity should not be appointed. Within a time to be fixed by the court, the receiver so appointed shall propose a plan for reorganization of the company, which plan shall be fair and equitable to all creditors and stockholders of the company, and protect the welfare and safety of the public. Upon the filing of the plan, the court shall order a hearing on the plan at such time and subject to such notice as may be provided in the order. At the hearing the court shall enter such decree as may be appropriate.
History of Section.
P.L. 1969, ch. 240, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-33. - Reports.

§ 39-1-33. Reports.
The commission and division shall make reports due on the first day of June and the first day of December to the governor for transmittal to the general assembly, which shall contain summaries of every rate-case hearing, and/or order of the commission and division occurring in the period immediately preceding the first day of June and the first day of December.
History of Section.
P.L. 1912, ch. 795, § 9; G.L. 1923, ch. 253, § 9; P.L. 1929, ch. 1394, § 1; G.L. 1938, ch. 122, § 7; G.L. 1956, § 39-1-9; G.L. 1956, § 39-1-33; P.L. 1969, ch. 240, § 1; P.L. 1973, ch. 199, § 1; P.L. 1979, ch. 96, § 1; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 103.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-34. - Disposition of fees.

§ 39-1-34. Disposition of fees.
All fees charged and collected by the division shall belong to the state and shall be paid into the state treasury monthly, by the administrator, accompanied by a detailed statement thereof, and become part of the general funds of the state.
History of Section.
P.L. 1912, ch. 795, § 9; G.L. 1923, ch. 253, § 9; P.L. 1929, ch. 1394, § 1; G.L. 1938, ch. 122, § 7; G.L. 1956, § 39-1-8; G.L. 1956, § 39-1-34; P.L. 1969, ch. 240, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-35. - Conflict of interest.

§ 39-1-35. Conflict of interest.
A person, or his or her or dependent child, spouse, of any person, who is, or has been in the past one year, in the employ of or holding any official relation to any company subject to the supervision of the commission, or engaged in the management of the company, or owning stock, bonds, or other securities thereof, or who is, or has been in the past one year, in any manner, connected with the operation of the company in this state, shall not be a commissioner or clerk of the commission; nor shall any commissioner or clerk of the commission, personally or in connection with a partner or agent, render professional service for or against or make or perform any business contract with any company subject to the supervision, relating to the business of the company, except contracts made with them as common carriers, or in regular course of public service.
History of Section.
P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-36. - Offices of commission and division.

§ 39-1-36. Offices of commission and division.
The department of administration shall furnish the commission with suitable offices, quarters in which to hold its meetings and transact its business, and a properly appointed hearing room adequate to accommodate the public, witnesses, stenographers, and the commissioners and their clerks. The department of administration shall furnish the division with offices suitably located for the convenience of the public and properly equipped for keeping its records, maps, and documents and for the efficient use of its library.
History of Section.
P.L. 1912, ch. 795, § 7; G.L. 1923, ch. 253, § 7; G.L. 1938, ch. 122, § 5; G.L. 1956, § 39-1-4; G.L. 1956, § 39-1-36; P.L. 1969, ch. 240, § 1; P.L. 1996, ch. 316, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-37. - “Public utility administrator” defined — Continuity of functions.

§ 39-1-37. “Public utility administrator” defined — Continuity of functions.
Wherever in any general or public law the words “public utility administrator” appears, the same words shall be deemed to refer to and mean administrator of the division of public utilities and carriers. The governor is authorized to transfer or reallocate, by executive order, the whole or any part of the appropriations for the public utility administrator or commission, to the commission or the division.
History of Section.
P.L. 1969, ch. 240, § 1; P.L. 1980, ch. 335, § 6; P.L. 1984, ch. 81, § 11; P.L. 1996, ch. 316, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-38. - Liberal construction — Incidental powers — Severability.

§ 39-1-38. Liberal construction — Incidental powers — Severability.
The provisions of this title shall be interpreted and construed liberally in aid of its declared purpose. The commission and the division shall have, in addition to powers specified in this chapter, all additional, implied, and incidental power that may be proper or necessary to effectuate their purposes. No rule, order, act, or regulation of the commission and of the division shall be declared inoperative, illegal, or void for any omission of a technical nature. If any provision of this title, or of any rule or regulation made thereunder, or the application thereof to any company or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the title, rule, or regulation, and the application of the provision to other companies or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this title shall not affect the validity of the remainder of the title.
History of Section.
P.L. 1912, ch. 795, § 58; G.L. 1923, ch. 253, § 56; G.L. 1938, ch. 122, § 53; G.L. 1956, § 39-1-17; G.L. 1956, § 39-1-38; P.L. 1969, ch. 240, § 1; P.L. 1997, ch. 326, § 103; P.L. 2020, ch. 79, art. 1, § 2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-39. - [Repealed.]

§ 39-1-39. [Repealed.]
History of Section.
P.L. 1980, ch. 122, § 1; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-40. - Toll-free telephone service for complaints.

§ 39-1-40. Toll-free telephone service for complaints.
The division shall maintain a toll-free telephone service where any consumer in Rhode Island may register an initial complaint against any public utility or nonregulated power producer. This toll-free telephone service may also be used by cable television subscribers for the purpose stated above.
History of Section.
P.L. 1986, ch. 533, § 1; P.L. 1996, ch. 316, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-41. - [Repealed.]

§ 39-1-41. [Repealed.]
History of Section.
P.L. 1987, ch. 22, § 2; Repealed by P.L. 1996, ch. 316, § 1, effective August 7, 1996.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-43. - [Repealed.]

§ 39-1-43. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-44. - [Repealed.]

§ 39-1-44. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-45. - [Repealed.]

§ 39-1-45. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-46. - [Repealed.]

§ 39-1-46. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-47. - [Repealed.]

§ 39-1-47. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-48. - [Repealed.]

§ 39-1-48. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-49. - [Repealed.]

§ 39-1-49. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-50. - [Repealed.]

§ 39-1-50. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-51. - [Repealed.]

§ 39-1-51. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-52. - [Repealed.]

§ 39-1-52. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-53. - [Repealed.]

§ 39-1-53. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-54. - [Repealed.]

§ 39-1-54. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-55. - [Repealed.]

§ 39-1-55. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-56. - [Repealed.]

§ 39-1-56. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-57. - [Repealed.]

§ 39-1-57. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1, P.L. 2006, ch. 216, § 9; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-58. - [Repealed.]

§ 39-1-58. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-59. - [Repealed.]

§ 39-1-59. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; P.L. 2006, ch. 216, § 9; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-60. - [Repealed.]

§ 39-1-60. [Repealed.]
History of Section.
P.L. 1997, ch. 142, § 1; Repealed by P.L. 2017, ch. 18, § 1, effective June 19, 2017; P.L. 2017, ch. 31, § 1, effective June 19, 2017.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1 - Public Utilities Commission › Section 39-1-62. - [Repealed.]

§ 39-1-62. [Repealed.]
History of Section.
P.L. 2004, ch. 595, art. 31, § 2; P.L. 2005, ch. 365, § 1; P.L. 2006, ch. 246, art. 4, § 3; P.L. 2007, ch. 73, art. 4, § 1; P.L. 2010, ch. 23, art. 9, § 10; P.L. 2018, ch. 47, art. 7, § 8; Repealed by P.L. 2019, ch. 88, art. 2, § 7, effective October 1, 2019.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-1. - Compliance with rules prior to termination.

§ 39-1.1-1. Compliance with rules prior to termination.
(a)
No public utility that distributes electricity or supplies natural or manufactured gas, electric, or water service shall terminate service to any household in which all adult residents are sixty-five (65) years of age or older, or where any resident is disabled or seriously ill, for failure to pay an outstanding indebtedness for service, without first complying with all rules and regulations for such terminations issued by the commission.
(b)
A natural gas distribution company or an electric distribution company as defined in § 39-1-2(a)(12), but not including the Block Island Power Company or the Pascoag Utility District, shall not shut off service to a household eligible for LIHEAP if the customer’s outstanding bill is three hundred dollars ($300) or less and not more than two (2) months in arrears. Service may not be terminated unless two (2) notices of termination have been sent.
History of Section.
P.L. 1979, ch. 410, art. 5, § 1; P.L. 1996, ch. 316, § 1; P.L. 1999, ch. 83, § 87; P.L. 1999, ch. 130, § 87; P.L. 2011, ch. 382, § 5; P.L. 2011, ch. 404, § 5.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-2. - Determination of persons subject to nontermination.

§ 39-1.1-2. Determination of persons subject to nontermination.
(a)
The commission shall promulgate appropriate rules and regulations to determine which persons who are elderly, disabled, or seriously ill are subject to the nontermination provisions of § 39-1.1-1, and in what manner relief will be made available to the subject persons.
(b)
Rules and regulations maintained to determine which persons are seriously ill shall include the provision that said determination shall be through certification to the public utility or to the division of public utilities and carriers by a licensed physician.
(1)
A licensed physician’s certification of serious illness shall be sufficient if initially made by telephone. In such event, the public utility or the division, whichever received initial certification, shall inform the certifying physician that he or she must forward to the public utility within seven (7) days a written certification indicating the name and address of the seriously ill person, the nature of the illness, and its likely duration. The public utility shall acknowledge receipt of such written certification and shall notify the customer in writing of the date upon which service will be terminated, unless the customer: (i) Has arranged for payment of an outstanding amount with the public utility, pursuant to rules and regulations promulgated by the commission; (ii) Requests a hearing, pursuant to rules and regulations promulgated by the commission; or (iii) Enrolls in a residential payment plan or other payment arrangement. The termination date shall be not less than three (3) weeks from receipt by the public utility of the written certification. If the duration of the illness exceeds three (3) weeks from the certification to the public utility, the customer may request a review pursuant to rules and regulations promulgated by the commission, to determine whether the initial exemption shall continue, for how long, and under what circumstances.
(2)
A public utility must honor a licensed physician’s certification of serious illness, but may seek division review of the validity of the certification, pursuant to rules and regulations promulgated by the commission. If a licensed physician’s certification does not comply with the requirements promulgated by the commission and is rejected by a public utility, the public utility shall inform the customer immediately, in writing, of the reasons for rejection of the certification and the customer’s right to have the division review the utility’s rejection of the certification.
(3)
Nontermination for any reason does not, in any way, relieve the customer of liability incurred for utility services.
History of Section.
P.L. 1979, ch. 410, art. 5, § 1; P.L. 1999, ch. 83, § 87; P.L. 1999, ch. 130, § 87; P.L. 2011, ch. 382, § 5; P.L. 2011, ch. 404, § 5.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-2.1. - Termination of service in residence where child domiciled.

§ 39-1.1-2.1. Termination of service in residence where child domiciled.
No gas or electric company shall terminate gas or electric service in any residence in which there is domiciled a person under the age of two (2) years and the customer’s service has not been previously shut off for nonpayment before the birth of the child; provided, that the customer cannot afford to pay any overdue bill because of financial hardship. The commission shall promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to implement the provisions of this section. The rules shall, as a minimum, require certification of the infancy by birth certificate or other verifiable certification and that the certification of infancy shall remain in effect without renewal until the child reaches the age of two (2) years.
History of Section.
P.L. 2007, ch. 297, § 1; P.L. 2007, ch. 419, § 1; P.L. 2008, ch. 431, § 1; P.L. 2008, ch. 445, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-3. - Attempt to collect debt.

§ 39-1.1-3. Attempt to collect debt.
The commission shall promulgate rules and regulations as are necessary to ensure that termination of utility service for outstanding indebtedness shall be authorized only after the utility has complied with reasonable methods of debt collection as defined by the division.
In promulgating the rules and regulations, the commission shall confer with the retail electric licensing commission and shall give reasonable consideration to any and all recommendations of the retail electric licensing commission.
History of Section.
P.L. 1979, ch. 410, art. 5, § 1; P.L. 1997, ch. 357, § 2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-4. - Effect on existing rules.

§ 39-1.1-4. Effect on existing rules.
Nothing in this chapter is intended to modify any existing or proposed rules and regulations dealing with utility termination during winter months as defined by the commission. Nothing in this chapter is intended to modify any existing or proposed rules and regulations dealing with termination of telephone service.
History of Section.
P.L. 1979, ch. 410, art. 5, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.1 - Termination of Service to Persons Who Are Disabled, Seriously Ill, or in Arrears of Payment › Section 39-1.1-5. - Severability.

§ 39-1.1-5. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, its invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 1979, ch. 410, art. 8, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-1.1. - Findings.

§ 39-1.2-1.1. Findings.
The general assembly finds and declares that:
(1)
Safety and the need for an effective damage-prevention program for underground utility facilities should include participation from all stakeholders including excavators and utility companies;
(2)
To develop a process for fostering and promoting the use of an effective damage-prevention program, by all appropriate stakeholders, technologies need to be improved that enhance communications, underground pipeline-locating capability, and gathering and analyzing information about the accuracy and effectiveness of underground facility-locating programs;
(3)
Many public, private, and municipal utilities are located underground, including, but not limited to, gas, water, electric, cable television, telephone, and sewers. Excavation in the vicinity of these utilities can be dangerous and the utilities should be marked appropriately to avoid damage, injury, or public emergency; and
(4)
All utilities, whether public, private, or municipal, should strongly consider participation in the utility damage-prevention program known as Dig Safe System, Inc. to ensure the highest level of safety and awareness of utility facility locations.
History of Section.
P.L. 2009, ch. 92, § 2; P.L. 2009, ch. 103, § 2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-2. - Excavation or demolition near public utility.

§ 39-1.2-2. Excavation or demolition near public utility.
No person, public agency, or public utility shall engage in excavation in the approximate location of public utility facilities or discharge explosives or demolish a structure containing a public utility facility without having first ascertained in the manner prescribed in this chapter the location of all public utility facilities or public utilities in the area or the absence thereof.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-3. - Annual report by public utilities.

§ 39-1.2-3. Annual report by public utilities.
All public utilities of the state, owning and operating underground facilities, shall file annually, with the administrator, a report setting forth the total mileage of underground facilities, excluding service connections, including the title, address, and telephone number of its representatives designated to receive the notice required by § 39-1.2-5.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-4. - Public utilities association — Creation.

§ 39-1.2-4. Public utilities association — Creation.
All public utilities of the state, owning and operating underground facilities, shall, with the assistance of the administrator, jointly participate in an association providing for mutual receipt of notification required by §§ 39-1.2-2 and 39-1.2-5. The cost of the operation of the association shall be apportioned equitably among all public utilities whose underground facilities are registered with the administrator.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-6. - Compliance by public agencies.

§ 39-1.2-6. Compliance by public agencies.
Any permit issued by a public agency for excavation, demolition, or the discharge of explosives shall be issued in compliance with this chapter.
History of Section.
P.L. 1984, ch. 119, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-7. - Marking of underground utilities and excavations.

§ 39-1.2-7. Marking of underground utilities and excavations.
(a)
A public utility served with the notice in accordance with § 39-1.2-5 shall, within seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and the public utility, mark the approximate location of the underground utility facilities.
(b)
Prior to notifying the association, any excavator must premark the area of proposed excavation in a manner that will enable the owner of the public utility facilities to identify the boundaries of the proposed excavation activities, except that premarking shall not be required if the proposed excavation will be continuous and exceed five hundred feet (500′) in length, or if such marks may reasonably interfere with traffic or pedestrian control or are misleading to the general public.
(c)
A public utility shall mark any of its underground utility facilities that are located within fifteen feet (15′) of the exterior limits of the premarked excavation area.
(d)
For the purposes of this chapter, the approximate location of underground utility facilities shall be marked with stakes, paint, or other physical means as may be necessary to ensure a distinctive mark. The public utility shall follow the color coding prescribed in this section.
UTILITY AND TYPE OF PRODUCT
SPECIFIC GROUP
IDENTIFYING COLOR
Electric power distribution and transmission
Safety Red
State and municipal electric systems
Safety Red
Gas distribution and transmission
High Visibility Safety Yellow
Dangerous materials, product line
High Visibility Safety Yellow
Telephone and telegraph systems
Safety Alert Orange
Water systems
Safety Precaution Blue
Cable antenna television
Safety Alert Orange
Premark
White
(e)
In the event the excavator shall damage the underground public utility facilities as the result of an incorrect marking by the public utility, the excavator shall not be responsible for the resulting damage.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 327, § 1; P.L. 1997, ch. 326, § 104; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-8. - Notice in emergency.

§ 39-1.2-8. Notice in emergency.
(a)
In the event of any emergency posing a threat to life, public health, public safety, or property, or that may require immediate correction in order to continue the operation of a major industrial plant, or to ensure the continuity of public utility service, excavation, maintenance, or repairs may be made without using explosives upon notice and advice thereof given to the association as soon as it is determined that an emergency exists. The excavator shall thereafter employ any means necessary, excluding blasting, to ensure that the underground public utility facilities in the area of the excavation shall not be damaged.
(b)
In the event of an emergency, public utilities shall notify the excavator, at the telephone number provided to the association by the excavator, within two (2) hours upon receipt of notice as to whether the public utility has any facilities in the vicinity of the proposed excavation. If the public utility has any facilities in the vicinity of the proposed excavation, the public utility shall mark out its facilities no later than three (3) hours after receipt of notice from the association.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-9. - Municipal ordinances.

§ 39-1.2-9. Municipal ordinances.
This chapter shall not be construed to authorize, affect, or impair local ordinances, charters of other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway, or to construct or demolish buildings or other structures on private property, nor construed to grant any person or public agency any rights not specifically provided by this chapter. A permit issued by a public agency shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter. The failure of any person, who or that has been granted a permit, to comply with the provisions of this chapter, shall not be deemed to impose any liability upon the public agency issuing the permit. Any disagreement between a public utility company and a person shall be referred to the administrator whose order shall be binding upon the parties.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-10. - Procedures at work site.

§ 39-1.2-10. Procedures at work site.
Any person or public agency excavating, tunneling, or discharging explosives shall exercise reasonable care when working in close proximity to the underground public utility facilities of any public utility. Further, when the facilities are to be exposed, only nonmechanical means shall be employed to locate the facility and such support, as may be reasonably necessary for the protection of the facilities, shall be provided in and near the work area.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-11. - Damage — Notice to public utility.

§ 39-1.2-11. Damage — Notice to public utility.
(a)
Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective coating, or any other underground facility of a public utility, the appropriate and/or affected public utility shall be notified immediately by the person or public agency responsible for the operation causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice, the public utility shall immediately dispatch personnel to the subject location to effect temporary or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal the damaged area until the public utility arrives at the subject location. Upon the occurrence of a serious electrical short, or the escape of dangerous fluids or gases from a broken line, the person or public agency responsible for the operations causing the damage shall call 911 if the damage presents an immediate danger to life and health of employees or pedestrians in the surrounding area. In the event of an immediate danger to life and health occurrence, the area shall be evacuated until proper emergency services arrive.
(b)
Any person, public agency, or public utility shall report all suspected violations of this chapter to the division of public utilities and carriers within thirty (30) days after learning of the circumstances constituting the suspected violation.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2014, ch. 97, § 1; P.L. 2014, ch. 128, § 1; P.L. 2017, ch. 83, § 1; P.L. 2017, ch. 91, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-12. - Maintenance of utility markings.

§ 39-1.2-12. Maintenance of utility markings.
After a public utility has marked its underground facilities in accordance with the provisions of § 39-1.2-7, the excavator shall be responsible for maintenance of the designated markings. In the event the markings are obliterated, destroyed, or removed, the utility shall, within forty-eight (48) hours following the receipt of a request, re-mark the location of its facilities.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-13. - Penalties.

§ 39-1.2-13. Penalties.
(a)
Any person or utility who or that violates any provision of this chapter shall be subject to a civil penalty of no more than three hundred fifty dollars ($350) for the first offense and not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for any subsequent offense within a twelve-month (12) period. The administrator of the division of public utilities and carriers shall assess the civil penalty against the person or utility who or that is determined to have committed the violation. All penalties recovered shall be paid into the general fund of the state. This chapter shall not be construed to affect any civil remedies for personal injury or property damage (including underground utilities), except as otherwise specifically provided for in this chapter.
(b)
Any contractor found in violation of this chapter that, after due process of law, fails to satisfy any such fines levied pursuant to this chapter shall be ineligible to bid on or be awarded any municipal, quasi-municipal, state, state-funded, state-regulated or state-subsidized construction and/or public works contracts.
History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 317, § 1; P.L. 1996, ch. 345, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-13.1. - Powers of administrator.

§ 39-1.2-13.1. Powers of administrator.
In enforcing the provisions of this chapter with respect to persons who or that are not public utilities, the administrator may:
(1)
Conduct an investigation in connection with violations involving the excavation or demolition of public utility facilities; and
(2)
For purposes of an investigation permitted under this section, require any person, which for purposes of this section only may be defined to include an individual, partnership, corporation, association or agent thereof, involved in the excavation or demolition of a public utility facility to appear at such time and place as the administrator may designate, then and there under oath to produce for the use of the administrator any and all documents and other such information relating directly to the incident as the administrator may require; and
(3)
Require the attendance of any person as provided in this section, provided however that the administrator shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance. In the event that any person fails to receive or accept notice by mail or fails to produce information requested, the administrator is empowered to issue a subpoena in a manner consistent with § 39-1-13.
If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes which the notice was issued, or refuses to produce information requested, any justice of the Superior Court for the county within which the inquiry is carried on or within which the person resides or transacts business, upon application of either the administrator or the person subject to the notice, shall have jurisdiction to hear and consider on an expedited basis the request and if deemed necessary and relevant to the consideration of the incident at issue, may issue an appropriate order. Any failure to obey the order of the superior court may be punished by the court as contempt thereof. The administrator may, after notice and opportunity for a fair and prompt hearing, and a finding that the person was in whole or in part responsible for the incident based upon clear and convincing evidence, impose a penalty or fine not in excess of penalties set forth in § 39-1.2-13.
This section shall not limit or affect any powers conferred upon the administrator pursuant to this title as such powers relate to public utility companies or agents thereof.
History of Section.
P.L. 1998, ch. 367, § 2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-1.2 - Excavation near Underground Utility Facilities › Section 39-1.2-14. - Severability.

§ 39-1.2-14. Severability.
If any provision of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected thereby.
History of Section.
P.L. 1984, ch. 119, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-2 - Duties of Utilities and Carriers › Section 39-2-1.1. - Services to new occupants.

§ 39-2-1.1. Services to new occupants.
No public utility shall refuse to furnish services to new occupants at any premises on the grounds that the previous occupant has vacated the premises without paying the public utility for services furnished, provided that the service is not for the use or benefit of the previous occupant.
History of Section.
P.L. 1976, ch. 219, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-2 - Duties of Utilities and Carriers › Section 39-2-1.3. - Payment for cellular telephone services — Late charges.

§ 39-2-1.3. Payment for cellular telephone services — Late charges.
No subscriber to a cellular telephone service shall be subject to an assessment of a late fee on a monthly billing unless the payment is at least thirty (30) days past the close of the billing period that is the subject of the statement. A cellular telephone operator shall not impose a late fee unless the bill contains a clear and conspicuous notice of when the late fee is to be imposed consistent with this section.
History of Section.
P.L. 1998, ch. 344, § 1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-2 - Duties of Utilities and Carriers › Section 39-2-1.4. - Reasonable backup or supplemental rates.

§ 39-2-1.4. Reasonable backup or supplemental rates.
(a)
Electricity produced by cogeneration and small power production can be of benefit to the public as part of the total energy supply of the entire electric grid of the state or consumed by a cogenerator or small power producer. Subject to compliance with applicable rules governing service, public utilities shall provide transmission or distribution service to enable a retail customer to transmit electrical power generated by the customer at one location to the customer’s facilities at another location, if the commission finds that the provision of this service, and the charges, terms, and other conditions associated with the provision of this service, are not likely to result in higher cost electric service to the utility’s general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers.
(b)
Each electric distribution company shall provide backup and supplemental service to any customer who is self-generating electricity and meets reasonable interconnection requirements designed to protect the distribution and transmission system. The commission shall ensure that backup and supplemental rates made, exacted, demanded, or collected by any public utility from a customer who is self-generating shall be just and reasonable and may not be unduly discriminatory. Any backup and supplemental rate tariffs in effect as of May 2002 may remain in effect as designed through December 31, 2004. Commencing January 1, 2005, the backup and supplemental rates shall be cost-based but may be discounted as provided for in subsection (c); provided, however, that the John O. Pastore Center power plant shall be exempt from the backup or supplemental rates.
(c)
Notwithstanding the rate design criteria set forth in subsection (b), the commission may permit or require discounted backup-distribution-service rates in order to encourage economically efficient cogeneration or small power-production projects if it finds these discounts to be in the public interest and/or contribute to system reliability procurement or least-cost procurement; provided, however, that any revenue not recovered by the electric distribution company as a result of these discounted distribution rates shall be accounted for and recovered in the rates assessed on all customers. The commission shall, in determining the public interest in distributed-generating facilities, consider reduced environmental impacts, increased energy efficiency, reduced transmission losses and congestion, effects on electric system reliability, and other factors the commission may deem relevant.
(d)
The provisions of this section shall be effective as of January 1, 2005.
History of Section.
P.L. 2002, ch. 144, § 4; P.L. 2003, ch. 376, art. 15, § 1; P.L. 2004, ch. 595, art. 35, § 1; P.L. 2006, ch. 236, § 7; P.L. 2006, ch. 237, § 7.