reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-2. - Definitions.

§ 46-23.3-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1)
“Adaptation and resilience projects” means those projects on public land that protect or enhance coastal or riverine habitats to address climate change impacts. Adaptation and resilience projects include, but are not limited to: those projects that reduce the vulnerability of low-lying infrastructure on public land through measures that include removal and relocation of infrastructure; restoration of river and stream floodplains, including regrading of banks; revegetation; acquisition of that area of land necessary to maintain and preserve public access; and redesigning, resizing, and replacing culverts and bridge spans at existing wetland crossings.
(2)
“Bank” means the Rhode Island infrastructure bank.
(3)
“Climate change impacts” means and includes, but is not limited to: flooding, erosion, sea level rise, and storm surge.
(4)
“Council” means the coastal resources management council.
(5)
“Department” means the department of environmental management.
(6)
“Director” means the director of the department of environmental management.
(7)
“Infrastructure” means and includes, but is not limited to: roads, parking lots, and other paved surfaces; shoreline protection structures; buildings; water control structures; culverts; other structures; and remnants of development.
(8)
“Public land(s)” means property owned by state or municipal governments, including any quasi-public agencies thereof, public and private lands dedicated to public use, including lands that provide access to shorelines and riverbanks. Public lands include properties where the state or municipality holds an easement for public purposes.
(9)
“Shoreline protection structures” means and includes, but is not limited to: revetments, bulkheads, seawalls and floodwalls, breakwaters, jetties, and other structures, the purpose or effect of which is to control the erosion of coastal or river features, and includes, but is not limited to, any sheet pile walls, concrete or stone walls.
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-3. - Technical advisory committee.

§ 46-23.3-3. Technical advisory committee.
There is hereby established a technical advisory committee consisting of four (4) members as follows: one member shall be the director of the department of environmental management, or designee; one member shall be the director of the coastal resources management council, or designee; one member shall be the director of the state planning council within the department of administration, or designee; and one member shall be the director of the Rhode Island emergency management authority, or designee. The technical advisory committee shall serve as an advisory board to the department, council, and the program staff.
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-5. - Eligible and ineligible projects.

§ 46-23.3-5. Eligible and ineligible projects.
(a)
Funds in the Ocean State Climate Adaptation and Resilience (OSCAR) fund shall be used solely for adaptation and resilience projects as defined in § 46-23.3-2.
(b)
The OSCAR fund shall not be used for:
(1)
Mitigating any current, planned, or future projects that degrade, fill, or otherwise destroy coastal, estuarine, or riverine habitats;
(2)
Fulfilling any liability for restoration required by any local, state, or federal agency pursuant to an environmental or public health enforcement action;
(3)
With the exception of culverts as specifically described in § 46-23.3-2(1), elevating, repairing, or replacing infrastructure, or constructing new infrastructure, in its existing location that is experiencing climate change impacts as defined in § 46-23.3-2(3);
(4)
Constructing new, or repairing existing shoreline protection structures; provided, however, that existing shoreline protection structures on public parks may be repaired; and/or
(5)
Constructing roads or bridges.
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-6. - Disbursement process and reporting.

§ 46-23.3-6. Disbursement process and reporting.
(a)
The department and the council shall establish and execute a process, at least annually, for the solicitation, evaluation, and award of grants for projects that meet the requirements set forth in this chapter. The department and council shall forward their respective written notification of approval of a project application to the bank.
(b)
The department, the council, and the bank shall jointly submit a report to the speaker of the house of representatives and the president of the senate not later than the tenth day following the convening of each regular session of the general assembly. The report shall include the following:
(1)
The amount of money awarded from the OSCAR fund during the preceding fiscal year;
(2)
A brief summary of the projects that received funding and a timeline of implementation; and
(3)
Any other information requested by the general assembly.
(c)
Nothing contained in this chapter is intended to abrogate or affect the existing powers of the department of environmental management, the coastal resources management council, or the bank.
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-7. - Regulations.

§ 46-23.3-7. Regulations.
The council, the department, and the bank shall adopt all rules and regulations necessary for the administration and enforcement of this chapter.
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-1. - Definitions.

§ 46-24-1. Definitions.
(a)
The term
“authority”
means the corporation created by § 46-24-2.
(b)
The term
“board”
means the members of the authority.
(c)
The term
“participating community”
means the towns of Coventry, West Warwick, and Scituate, and the cities of Warwick and Cranston.
(d)
The term
“project”
means the Pawtuxet River authority project.
(e)
The term
“property”
means any or all properties of any public works facilities or part thereof, including plants, works, instrumentalities, incinerators, waste disposal facilities, and all properties used or useful in connection therewith and all parts thereof and all appurtenances thereto, including lands, easements, rights, and lands and water rights, rights of way, contract rights, franchises, approaches, connections, sewer mains, and pipe lines, or any other property incidental to and included in any garbage disposal or incinerator system or part thereof situated within or without the authority’s jurisdiction.
(f)
The term
“public works”
means and include any function which may be performed by any governmental agency, proprietary or otherwise.
(g)
The term
“treasurer”
means the treasurer of the authority.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-2. - Pawtuxet River authority created.

§ 46-24-2. Pawtuxet River authority created.
A board to be known as the Pawtuxet River authority is hereby created. The board shall be a body corporate and politic, constituting a public benefit corporation, and shall serve as the governing body of the authority for the purposes of this chapter. The powers of the corporation shall be vested in and exercised by the majority of the members of the board hereby created and in office.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-3. - Composition of board.

§ 46-24-3. Composition of board.
(a)
The board shall consist of fifteen (15) members, three (3) members to be appointed by the presidents of the town councils of Coventry, West Warwick, and Scituate, respectively, and three (3) members each to be appointed by the mayors of the cities of Warwick and Cranston. Each member so appointed shall serve for three (3) years beginning on the first day of June, except that in the case of the first members appointed, one from each of the above named participating towns and cities shall serve until June 1, 1973, one until June 1, 1974, and one until June 1, 1975. Members shall be appointed during the month of May of each year by the appointing authority, and in the event of a vacancy occurring in the board by reason of the death, resignation, or otherwise of a member, the appointing authority of the town or city, which appointed the member, shall appoint a new member for the unexpired term.
(b)
There shall be minority representation on the board as follows: one of the three (3) members from Warwick and Cranston shall be of the political party other than that of the mayor, and in Coventry, West Warwick, and Scituate, one member each shall be of the political party not having a majority of the members of each respective town council. The mayor or the president of the town council shall appoint to the authority a member or members thereof, to represent the city or town, chosen from lists of qualified electors submitted by the respective chairpersons of the city or town political committee, which lists shall contain the names of five (5) times the number of persons to be appointed. These lists shall be submitted on or before May 1 in the year in which a member is to be appointed for a full term; provided, that in the event of a vacancy by reason of death, resignation, or otherwise, the lists shall be submitted within ten (10) days after the vacancy shall occur; provided, further, that for the initial appointments hereunder, the lists shall be submitted within thirty (30) days after May 1, 1972.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-4. - Compensation of board and agents.

§ 46-24-4. Compensation of board and agents.
Each member of the board shall receive an annual salary not to exceed five hundred dollars ($500) per year and shall be entitled to reimbursement of his or her actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation, and expenses of all members, officers, employees, and agents shall be paid solely out of the funds of the authority.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-5. - Officers and employees of board.

§ 46-24-5. Officers and employees of board.
The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and treasurer who may, or may not, be members of the board and such other employees as may be necessary in its judgment and fix their compensation.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-6. - Business prohibited to members.

§ 46-24-6. Business prohibited to members.
No member of the Pawtuxet River authority shall directly or indirectly engage in any contract or agreement for labor, supply of materials for construction, or reconstruction of the physical assets of the district or replacements or additions thereto. No person holding elective office in the participating communities or the general assembly of the state of Rhode Island shall be eligible to be a member of the authority.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-7. - Fiscal year.

§ 46-24-7. Fiscal year.
The fiscal year of the authority shall be from July 1 to June 30.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-8. - Annual reports.

§ 46-24-8. Annual reports.
The board, during May of each year, shall submit to the councils of the participating cities and towns a report showing actual expenditures for the preceding ten (10) months, and the projected expenditures for the final two (2) months of its fiscal year, as well as a proposed budget for the next fiscal year. This annual report shall include, in addition, a request for any necessary contributions.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-10. - Tax exemption.

§ 46-24-10. Tax exemption.
It is hereby declared that the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of the state of Rhode Island for the improvement of their health, welfare, and prosperity, and the authority will perform an essential government function in the exercise of the powers conferred by this chapter, and the state of Rhode Island covenants that the authority shall be required to pay no taxes or assessments or sums in lieu of taxes, except as provided in § 46-24-11, to the state or any political subdivision thereof upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of the property, or upon any earnings, moneys, revenues, or other income derived by the authority, and the income therefrom shall at all times be exempt from taxation.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-11. - Payments in lieu of taxes.

§ 46-24-11. Payments in lieu of taxes.
The authority shall pay annually in lieu of any property tax, as a charge upon its earnings and revenues, to each city, town, and district, or other district, a sum equal in amount to any property tax levied on any property by or on behalf of the town or district during the year next preceding the acquisition of the property by the authority. The authority shall have no power to levy or collect ad valorem property taxes.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-12. - Subcommittees.

§ 46-24-12. Subcommittees.
The board may create such subcommittees as may be necessary to carry out its duties, except that all powers shall be reserved to the entire board.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-13. - Meetings.

§ 46-24-13. Meetings.
(a)
The board shall meet at least once a month at a place within the participating communities, and all meetings shall be open to the public, and all decisions shall be made public; provided, however, nothing contained herein shall prohibit the board from closing a meeting to the public when the nature of the item under discussion involves personnel or other matters which, in the interest of the public welfare, should remain confidential.
(b)
Special meetings may be called by the chairperson upon at least twenty-four (24) hours notice by either regular mail or by telephone or by a majority of the members presenting to the chairperson a petition signed by each of them setting forth the purpose of the meeting.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-15. - Offices.

§ 46-24-15. Offices.
Upon organization, the authority shall proceed to lease, rent, or buy facilities that are necessary to establish a permanent office which shall be open at reasonable business hours to the public.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-17. - Money of the authority.

§ 46-24-17. Money of the authority.
All money of the authority from whatever source derived, shall be paid to the treasurer of the authority. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the account shall be paid out on a check of the treasurer on requisition by the authority, or of such other person or persons as the authority may authorize to make the requisitions. All deposit of the money shall be secured by obligations of the United States or the state of Rhode Island with a market value equal at all times to the amount of deposits, and all banks and trust companies are authorized to give securities for any deposits. The authority shall have power as to the custody, collection, security, investment, and payment of any money within its jurisdiction.
History of Section.
P.L. 1972, ch. 111, § 1; P.L. 1990, ch. 147, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-18. - Funding of authority’s operations.

§ 46-24-18. Funding of authority’s operations.
The cost of the operation of the authority shall be borne equally by the member towns and cities, and they shall each annually appropriate a sum sufficient to pay its proportionate share of the operation of the authority.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-19. - Right to alter, amend, or repeal chapter.

§ 46-24-19. Right to alter, amend, or repeal chapter.
The right to alter, amend, or repeal this chapter is hereby expressly reserved, but no such alteration, amendment, or repeal shall operate to impair the obligation of any contract made by the authority under any power conferred by this chapter.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-24 - Pawtuxet River Authority › Section 46-24-20. - Severability.

§ 46-24-20. Severability.
If any section, clause, provision, or term of this chapter shall be declared unconstitutional and ineffective in whole or in part then, to the extent that it is not unconstitutional and effective, it shall be valid and effective, and no other section, clause, provision, or term shall on account thereof be deemed invalid or ineffective.
History of Section.
P.L. 1972, ch. 111, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-1. - Short title.

§ 46-25-1. Short title.
This chapter is known as the “Narragansett Bay Commission Act”.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1999, ch. 278, § 2; P.L. 1999, ch. 307, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-4. - Establishment of commission — Purpose.

§ 46-25-4. Establishment of commission — Purpose.
(a)
There is hereby authorized, created, and established a public corporation of the state having a distinct legal existence from the state and not constituting a department of state government to be known as “The Narragansett Bay water quality management district commission”, with such powers as are set forth in this chapter, for the purposes of acquiring, planning, constructing, extending, improving, and operating and maintaining publicly owned sewage treatment facilities in the district.
(b)
It is the intent of the general assembly, by the passage of this chapter, to vest in the commission all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes herein set forth, and this chapter and the powers herein granted shall be liberally construed in conformity with those purposes.
(c)
The commission and its corporate existence shall continue until terminated by law or until it shall cease to exist under the timetable contained in § 46-25-48. Upon termination of the existence of the commission, all its rights and properties shall pass to and be vested in the state, and, in accordance with law, the governor may permit whatever rights and properties he or she shall see fit to pass to municipalities located within the district, if the municipality or municipalities accept the rights or properties.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-7. - Officers of the commission — Quorum and vote required.

§ 46-25-7. Officers of the commission — Quorum and vote required.
Forthwith, after May 16, 1980, and annually in the month of April thereafter, the commission shall elect one of its members as chairperson, and one of its members as vice chairperson. A simple majority of the members of the commission shall constitute a quorum. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all of the duties of the commission.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1981, ch. 19, § 1; P.L. 1984, ch. 291, § 1; P.L. 1991, ch. 309, § 3; P.L. 2013, ch. 329, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-8. - Compensation — Personnel.

§ 46-25-8. Compensation — Personnel.
(a)
The members of the commission shall not be compensated for attendance at any board meeting, but shall be reimbursed for actual expenses incurred in carrying out their duties under this chapter.
(b)
Notwithstanding the provisions of any other law, no officer or employee of the state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the commission or his or her service thereto.
(c)
The commissioners shall employ an executive director who shall also be the secretary and who shall administer, manage, and direct the affairs and business of the commission, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and other officers, agents, and attorneys and fix their qualifications, duties, and compensation. Employees of the commission shall not, by reason of their employment, be employees of the state for any purpose, any provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36. Those employees of the commission who were employed prior to June 30, 1999, shall continue to be covered by §§ 36-4-59, 36-5-7 and 36-5-8. The employees are not entitled to the provisions of §§ 36-4-59, 36-5-7 and 36-5-8 while employed by the commission. The employees are only entitled to the provisions of these statutes in the event that any such employee returns to employment in the classified service in a department within the executive branch. The commissioners may employ other employees, permanent and temporary. The commissioners may delegate to one or more of its agents or employees any administrative duties that they may deem proper.
(d)
The secretary shall keep a record of the proceedings of the commission and shall be custodian of all books, documents, and papers filed with the commission and of its minute book and seal. He or she shall have authority to cause to be made copies of all minutes and other records and documents of the commission, and to give certificates under the seal of the commission to the effect that the copies are true copies and all persons dealing with the commission may rely upon the certificates.
(e)
The department of administration may furnish the commission with suitable offices and telephone service in the state house, state office building, or some other convenient location, for the transaction of its business.
(f)
The commissioners of the commission shall, at regular intervals conduct business meetings for the purpose of carrying out its general business. The meetings shall be subject to the provisions of chapter 46 of title 42 entitled “open meetings”.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1982, ch. 398, § 1; P.L. 1983, ch. 167, art. XXII, § 1; P.L. 1986, ch. 349, § 1; P.L. 1999, ch. 225, § 1; P.L. 2005, ch. 117, art. 21, § 35.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-9. - Appropriated moneys and advances from general fund.

§ 46-25-9. Appropriated moneys and advances from general fund.
(a)
The commission is authorized to accept such moneys as may be appropriated from time to time by the general assembly for the carrying out of its duties hereunder including, without limitation, the payment of the initial expenses of administration and operation; provided, however, that any such appropriation shall be considered as a loan to the commission from the general fund of the state and shall be returned thereto when the commission is self supporting or at such time as may otherwise be stipulated in the act appropriating the money.
(b)(1)
The commission is further authorized to accept advances or loans of funds from the general fund of the state:
(i)
In anticipation of the receipt of federal funds; and
(ii)
For the purpose of meeting debt service liabilities and providing for the construction, maintenance, or operation of the project during such periods of time as the fund may be insufficient for those purposes and, at the request of the commission, the director of the department of administration is authorized and empowered, with the approval of the governor, to make those advances.
(2)
Provided, however, that the advances shall be returned to the general fund at such time or times as the director shall have specified, and that the total amount of the advances outstanding and unreturned at any one time shall not exceed three million dollars ($3,000,000); and, however, for the period May 1, 1989 through June 30, 1991 the advance shall not exceed three million six hundred seventy-five thousand dollars ($3,675,000) provided that subject to the report and order of the public utilities commission in docket No. 1968, the commission may issue revenue bonds or notes for the purpose of repaying the advances from the general fund of the state of Rhode Island provided under this chapter, in an aggregate principal amount not to exceed three million six hundred seventy-five thousand dollars ($3,675,000) in accordance with the provisions of § 46-25-58 except that notwithstanding subsections (c) and (d) of § 46-25-58, such revenue bonds or notes, including all refundings and renewals thereof, shall be payable in such installments and at such times not exceeding three (3) years from the date of the original issue of such revenue bonds or notes. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the advances upon receipt by the controller of proper vouchers signed by the director of the department of administration and approved by the governor.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1987, ch. 109, § 1; P.L. 1989, ch. 127, art. 5, § 1; P.L. 1991, ch. 29, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-10. - Acquisition of facilities from municipalities.

§ 46-25-10. Acquisition of facilities from municipalities.
(a)
The commission shall acquire the city of Providence Fields Point sewage treatment plant, as well as interceptors, combined sewer overflow facilities, force mains, and appurtenant facilities, and the land, property, easements, and other interests in property from municipalities within the district as may be necessary or desirable in its discretion to carry out the duties under this chapter.
(b)
The acquisition of the treatment plant, facilities, interceptors, combined sewer overflow facilities, mains, and other appurtenant facilities, and the lands, property, easements, or other interests in property shall be paid for solely by user charges and fees to be assessed by the commission in accordance with this chapter. As part of the acquisition, the commission may agree to assume payment of financial obligation debt service liabilities of the city of Providence for long term bonded debt, that is, for debt with maturity schedules of not less than twenty (20) years incurred for capital improvement of the sewage treatment facilities, as determined in the sole discretion of the commission, pursuant to findings of the auditor general, in an amount not to exceed fourteen million dollars ($14,000,000); provided, however, that the payment of the debt service liabilities shall be paid solely out of user charges and fees to be assessed by the commission in accordance with this chapter. User charges assessed pursuant to this section shall be in addition to those charges under the authority of § 46-25-5(9), and shall be reasonable and just and subject to the approval of the public utilities commission.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 2006, ch. 216, § 62.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-11. - Power to acquire land.

§ 46-25-11. Power to acquire land.
For any purposes of this chapter, the commission may, at any time and from time to time, take by eminent domain or acquire by purchase or otherwise, such land, water rights, easements, and other property or interests in property, public and private, as it may determine necessary or desirable for the purposes of this chapter.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-12. - Interests in land taken.

§ 46-25-12. Interests in land taken.
Any taking under this chapter may be in fee or otherwise, perpetual in duration or for a limited period of time, as the commission shall determine and set forth in the order of taking.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-13. - Eminent domain procedure.

§ 46-25-13. Eminent domain procedure.
In the exercise of its power of eminent domain under this chapter, the commission shall be subject to the provisions of chapter 6 of title 37.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-14. - Annual report.

§ 46-25-14. Annual report.
In the month of January, the commission shall make an annual report to the governor and to the general assembly of its activities for the preceding fiscal year. Each report shall set forth a complete statement covering its operations during the year.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-15. - Cooperation with federal government.

§ 46-25-15. Cooperation with federal government.
(a)
The commission shall have full and complete authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.
(b)
The commission, or any officers or executives designated by it, may act as an agent of the federal government in accordance with the requirements of any federal legislation related to that federal assistance.
(c)
The commission is hereby authorized to accept the provisions of any federal legislation related to federal assistance, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the chairperson or such other person or persons as the commission may designate.
(d)
The commission may enter into all necessary contracts and agreements with the federal or state governments, or any agency thereof, necessary or incident to the project, and all the contracts and agreements shall be signed in the name of the commission by the chairperson or some other person or persons designated by the commission.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-16. - Application for federal and state aid.

§ 46-25-16. Application for federal and state aid.
Whenever it shall be necessary to obtain assistance from the federal or state governments in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for the execution of the project, the commission may make all necessary applications for those purposes. All the applications shall be made in writing in the name of the commission, and shall be duly signed by the chairperson or such other person or persons as the commission may designate.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-17. - Use of federal and state funds.

§ 46-25-17. Use of federal and state funds.
The commission may, for the purpose of carrying out the project or any part thereof herein authorized, accept or use any federal or state funds or assistance, or both, provided therefor under any federal or state law. In the event that federal or state funds or assistance are made available for execution of the project, the project shall be carried out and executed in all respects subject to the provisions of the appropriate federal and state laws providing for the construction of the projects, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules and regulations, not inconsistent with the federal and state law, rules, and regulations, as the commission may establish to insure the proper execution of the project.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-18. - Receipt and deposit of federal funds.

§ 46-25-18. Receipt and deposit of federal funds.
(a)
All moneys paid to the commission by the federal government for the purpose of executing the project shall be received by the executive director of the commission and applied in the following order of priority:
(1)
For the payment of debt service on, or the recall, or the redemption of bonds and notes issued by the state in anticipation of the federal project payments; or
(2)
If no bonds or notes of the state issued in anticipation of federal project payments are outstanding, then the moneys shall be deposited in the fund to be used for the purposes for which the federal government granted the moneys.
(b)
To the extent permitted by federal law, any federal funds or assistance to the state of Rhode Island in any one federal fiscal year for sewer projects funded under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, for fiscal years commencing October 1, 1982, and thereafter, shall be allocated so that fifty percent (50%) of the federal funds or assistance so received shall be assigned to this project; provided, however, that more than fifty percent (50%) of the federal funds may be assigned to this project if the remaining fifty percent (50%) is not fully obligated for other projects in the state of Rhode Island outside the district.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1996, ch. 397, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-19. - Sewer connections.

§ 46-25-19. Sewer connections.
(a)
The commission shall have full and complete power and authority to limit, deny, or cause appropriate direct or indirect connections to be made between any building or property located in the district generating sanitary or industrial wastewater, and any public sewer or appurtenance thereof discharging to the project. The commission shall prescribe such rules and regulations for sewer connections as in the opinion of the commission are necessary and appropriate for the maintenance and operation of the project. No person shall make any connection from any structure to any sewer or appurtenance thereto discharging to the project without first being granted a written permit from the commission, in accordance with the rules and regulations. The commission shall also have full and complete power and authority to compel any person in the district, for the purpose of sewage disposal, to establish a direct connection on his or her property, or at the boundary thereof, to any publicly owned sewer discharging to the district sewer project, and to cause the connection to be made at the expense of the person, firm, or corporation.
(b)
The term “appurtenance”, as used herein, shall be construed to include adequate pumping facilities, whenever the pumping facilities shall be necessary to deliver sewage into the project.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1987, ch. 151, § 1; P.L. 2007, ch. 340, § 58.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-19.1. - Recording of sewer systems.

§ 46-25-19.1. Recording of sewer systems.
Starting on January 1, 2012, the commission shall maintain as-built drawings and plans on any new or upgraded sewer main it owns and operates. Such as-built drawings and plans shall be the responsibility of the person that the commission has designated and shall be in a form designated by the commission.
History of Section.
P.L. 2009, ch. 92, § 4; P.L. 2009, ch. 103, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-20. - Pipes along highway or railroad.

§ 46-25-20. Pipes along highway or railroad.
Whenever the commission shall lay or install any pipes or other equipment under any public highway, private way, right-of-way, or tracks, the commission shall, as far as possible, restore the public highway, private way, right-of-way, or tracks, to its former condition. Nothing in this chapter shall authorize the commission to condemn any portion of the right-of-way of any railroad, or other public service company, except for the purpose of crossing the same, either above or below grade, and of maintaining suitable and convenient supports for the crossing, in such manner as not to render unsafe, or to impair the usefulness of, the right-of-way for the railroad or the purposes of the public service company.
History of Section.
P.L. 1980, ch. 342, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-21. - Sewer, user fees, charges, and assessments.

§ 46-25-21. Sewer, user fees, charges, and assessments.
For the purpose of causing the project and its operation, maintenance, and improvements to be self liquidating, the commission shall assess any person having a direct or an indirect connection to the project the reasonable charges for the use, operation, maintenance, and improvements of the project. The sewer user fees, charges, and assessments shall be subject to the approval of the public utilities commission.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1987, ch. 156, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-21.1. - Petition in superior court for relief from assessment.

§ 46-25-21.1. Petition in superior court for relief from assessment.
(a)
Any person aggrieved on any ground whatsoever by any sewer use fee, charge, or assessment against him or her may within three (3) years after the first day designated for the payment of the sewer use fee, charge, or assessment, or the first installment thereof, if payable in installments, file an appeal with the Narragansett Bay water quality management district commission, and within sixty (60) days after a final decision of the commission appeal, where the person has timely appealed the assessment, file a petition in the superior court for the county in which the property lies for relief from the sewer use fee, charge, or assessment, to which petition the commission shall be made a party respondent; provided, however, that all such appeals must be made no later than six (6) months after the person assessed the fee has transferred the property to a third party.
(b)
For the purpose of this section, an
“aggrieved person”
shall be the person who has been assessed the sewer use fee, charge or assessment that is being contested. The right to contest an assessment shall be personal to the person assessed and shall not be assignable or transferable.
(c)
This remedy shall be exclusive. Any person alleging an illegal, erroneous, incorrect, or void fee, charge, or assessment against him or her shall be confined to the remedies stated herein. No petition shall, before judgment, stay any proceedings for collecting the sewer use fee, charge, or assessment. The Narragansett Bay water quality management district commission may promulgate regulations to effectuate this provision and to eliminate frivolous appeals. No appeal shall be heard if the appeal is based on the rates set by the public utilities commission.
History of Section.
P.L. 1993, ch. 177, § 1; P.L. 1993, ch. 356, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-22. - Payment of sewer user fees, charges and assessments.

§ 46-25-22. Payment of sewer user fees, charges and assessments.
The commission shall proceed under the provisions of this chapter to collect the fees, charges, and assessments from any person so assessed. Each person so assessed shall pay the fees, charges, or assessments within the time frame prescribed by the rules and regulations of the commission. The commission may collect the fees, charges, and assessments in the same manner in which taxes are collected by municipalities, with no additional fees, charges, assessments, or penalties other than those provided for in chapter 9 of title 44. Provided, however, that such fees, charges and assessments against residential condominium occupants or residential condominium associations shall be set at a residential rate and not at a business, commercial, or other rate. All unpaid charges shall be a lien upon the real estate of the person.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1987, ch. 156, § 1; P.L. 1994, ch. 238, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-22.1. - Shut off of water supply for nonpayment of sewer user fees, charges, and assessments.

§ 46-25-22.1. Shut off of water supply for nonpayment of sewer user fees, charges, and assessments.
(a)
Notwithstanding the provision of § 46-25-22, the commission is authorized to order any water supplier which services any person assessed by the commission pursuant to § 46-25-22 to terminate the water supply service of any person for nonpayment of sewer user fees, charges, and assessments. The commission will abide by the rules and regulations of the public utilities commission governing water shut-offs.
(b)
Upon notification by the commission to terminate service, the water supplier shall within fourteen (14) days terminate said service and notify the commission that said termination has occurred. Upon notification by the commission, the water supplier shall restore the water supply in accordance with the water supplier’s policy on water supply restoration.
(c)
The commission shall have the authority to assess any person any fees, charges and assessments affiliated with the shut off and restoration of service.
(d)
When service is provided to a residence occupied by a tenant, the tenant may, after paying the fees, charges and assessments in order to restore or prevent termination of service, deduct the amount paid from the rent due the landlord. The tenant shall provide the landlord with a copy of the receipt from the commission when making a deduction from the rent.
History of Section.
P.L. 1991, ch. 350, § 1; P.L. 1992, ch. 60, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-24. - Appropriation of revenues.

§ 46-25-24. Appropriation of revenues.
Except as provided in § 46-25-18, all moneys received by the commission for the use of the facilities of the project, shall be paid over to the executive director of the commission and deposited by him or her in the fund. All moneys in the fund are hereby appropriated, in addition to all other sums appropriated by the provisions of this chapter, to be expended by the commission for administration and all other expenses relating to the planning, constructing, equipping, operation, and maintenance of the project. Any unexpended balance remaining in the fund at the end of any fiscal year shall be carried forward and made available for expenditure in the succeeding fiscal years.
History of Section.
P.L. 1980, ch. 342, § 1; P.L. 1996, ch. 397, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-25 - Narragansett Bay Commission › Section 46-25-24.1. - Notice of entry.

§ 46-25-24.1. Notice of entry.
Authorized agents and employees of the commission may enter upon any lands, waters and premises in the district for the purpose of making surveys, soundings, test pits, drillings, borings and examinations as the commission may deem necessary for the purposes of the Narragansett Bay water quality management district commission, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The commission shall give at least fifteen (15) days notice of its intent to enter such lands, waters or premises to the record owner(s) of the property and to the municipality wherein the property lies, and shall state in that notice the amount it proposes to pay as just compensation for such entry. Following such entry, the commission shall pay the amount of compensation previously proposed, and restore the property to its prior condition or shall reimburse the owner for any actual damage resulting to such lands, waters and premises as a result of such activities. If the owner of said lands believes that the amount paid is insufficient to provide just compensation, the owner may petition to the superior court to have the amount increased. The provisions of this section shall in no way expand the powers of the commission to take any of the properties investigated by eminent domain. Amounts to be paid as just compensation pursuant to this section shall be set by the commission in accordance with § 42-35-1 et seq.
History of Section.
P.L. 1997, ch. 219, § 1.