reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-8. - Notes of the corporation.

§ 45-38.1-8. Notes of the corporation.
The corporation has the power and is hereby authorized, from time to time, to issue its negotiable notes, revenues anticipation notes, and capital notes for any corporate purpose or project and renew, from time to time, any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The corporation may issue notes partly to renew notes or to discharge other obligations then outstanding, and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the corporation, or any issue of notes, may contain any provisions which the corporation is authorized to include in any resolution or resolutions authorizing revenue bonds of the corporation or any issue thereof, and the corporation may include, in any notes, any terms, covenants, or conditions which it is authorized to include in any bonds. All the notes are payable solely from the revenues of the corporation, subject only to any contractual rights of the holders of any of its notes or other outstanding obligations.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-10. - Trust agreement.

§ 45-38.1-10. Trust agreement.
In the discretion of the corporation, any revenue bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the corporation and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of the revenue bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged, and may convey or mortgage the project or any portion of it. The trust agreement or resolution providing for the issuance of the revenue bonds may contain any provisions for protecting and enforcing the rights and remedies of the bondholders that may be reasonable and proper and not in violation of law, including, particularly, provisions as have been specifically authorized by this chapter to be included in any resolution or resolutions of the corporation authorizing revenue bonds. It is lawful for any bank or trust company incorporated under the laws of the state which may act as depositary of the proceeds of bonds or of revenues or other moneys to furnish indemnifying bonds or to pledge securities as may be required by the corporation. The trust agreement may establish the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the preceding, any trust agreement or resolution may contain any other provisions that the corporation may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the cost of the operation of a project or of the education loan program.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 5.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-12. - Trust funds.

§ 45-38.1-12. Trust funds.
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, are deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, the moneys are deposited, shall act as trustee of the moneys and shall hold and apply the moneys for the purposes of this chapter, subject to regulations as this chapter and the resolution authorizing the bonds of any issue or the trust agreement securing the bonds may provide.
History of Section.
P.L. 1967, ch. 56, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-13. - Remedies.

§ 45-38.1-13. Remedies.
Any holder of revenue bonds or notes issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights given under this chapter may be restricted by any resolution authorizing the issuance of, or any trust agreement securing the bonds or notes, may, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this chapter or under the resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by the resolution or trust agreement to be performed by the corporation or by any officer, employee, or agent of the corporation, including the fixing, charging, and collecting of the rates, rents, fees, and charges authorized under this chapter and required by the provisions of the resolution or trust agreement to be fixed, established, and collected.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-14. - Exemption from taxation.

§ 45-38.1-14. Exemption from taxation.
The exercise of the powers granted by this chapter are in all respects for the benefit of the people of the state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and constitutes the performance of an essential governmental function, and neither the corporation nor its agent nor the lessee shall or may be required to pay any taxes or assessments upon or in respect of a project or any property acquired or used by the corporation or its agent or the lessee under the provisions of this chapter, or upon the income therefrom, and any bonds issued under the provisions of this chapter, their transfer, and the income from the bonds, including any profit made on the sale of the bonds, shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state.
History of Section.
P.L. 1967, ch. 56, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-16. - Bonds eligible for investment.

§ 45-38.1-16. Bonds eligible for investment.
Bonds or notes issued by the corporation under the provisions of this chapter are made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit sharing, and retirement funds, may properly and legally invest funds, including capital in their control or belonging to them. The bonds or notes are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-17. - Annual report and audit.

§ 45-38.1-17. Annual report and audit.
Within four (4) months after the close of each fiscal year of the corporation, it shall make a report to the governor, the speaker of the house, the president of the senate and the secretary of state of its activities for the preceding fiscal year, and the report shall present a complete operating and financial statement covering the corporation’s operations during the preceding fiscal year. In addition the report shall provide a summary of the applications received and approved loans or aid provided to the communities and a summary of the status of loans and status of the school building authority capital fund. The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost of the audit shall be paid by the corporation from funds available to it pursuant to this chapter. The report shall be posted as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 2015, ch. 141, art. 9, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-18. - Source of payment of expenses.

§ 45-38.1-18. Source of payment of expenses.
All expenses incurred in carrying out the provisions of this chapter are payable solely from funds provided under the authority of this chapter, and no liability or obligation shall be incurred by the corporation under this chapter beyond the extent to which moneys have been provided under the provisions of this chapter.
History of Section.
P.L. 1967, ch. 56, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-19. - State not liable.

§ 45-38.1-19. State not liable.
(a)
Except with regard to state reimbursement related to school housing project financing, the state is not liable for the payment of the principal of or interest on any bonds or notes of the corporation, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds or notes of the corporation nor any of its agreements or obligations, except for state reimbursement related to school housing project financing, are construed to constitute an indebtedness of the state within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes, under the provisions of this chapter, directly or indirectly or contingently obligate the state or any municipality or political subdivision of the state to levy or to pledge any form of taxation for them or to make any appropriation for their payment, except for state reimbursement for school housing projects. All of the revenue bonds or notes shall contain on the face a statement to the effect that neither the state nor the corporation are obligated to pay the revenue bonds or notes, or their interest except from revenues of the project or projects for which they are issued, and that neither the faith and credit nor the taxing power of the state or of any municipality or political subdivision of the state is pledged to the payment of the principal of or the interest on those bonds or notes; provided, however, that in connection with any state housing project financing, the statement on the face of the bonds shall also include an exception for state reimbursement.
(b)
Nothing contained in this section shall prevent nor be construed to prevent the corporation from pledging its full faith and credit or the full faith and credit of a participating institution for higher education or health care provider to the payment of bonds or notes, or issue of bonds or notes authorized pursuant to this chapter.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1; P.L. 2004, ch. 595, art. 23, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-20. - Procedure before issuance of bonds or notes.

§ 45-38.1-20. Procedure before issuance of bonds or notes.
Notwithstanding any other provisions of this chapter, the corporation is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes under this chapter, it has determined that:
(1)
The acquisition, construction, or financing of the cost of the project will:
(i)
With respect to an institution for higher education or child daycare center, enable or assist the institution to fulfill its obligations in providing education or child daycare center to the youth of this state;
(ii)
With respect to a healthcare provider, enable the healthcare provider to improve the health of the people it serves by means of expanded health care, healthcare provider, and other related services; or
(iii)
With respect to a municipality, enable the municipality to improve the health or living conditions or welfare of its residents by means of expanded access to public educational or public recreational facilities;
(2)
The project is leased to, or owned by, a financially responsible institution for higher education or child daycare center or municipality or healthcare provider within the state;
(3)
Adequate provision has been, or will be, made for the payment of the cost of the construction and/or acquisition of the project, and, except with regard to those bonds issued through the corporation related to school housing project financing, that under no circumstances will the state be obligated, directly or indirectly, for the payment of the cost of the construction and/or acquisition of the project, or for the payment of the principal of, or interest on, any obligations issued to finance the construction and/or acquisition; and
(4)
Adequate provision has been, or will be made in any agreement with respect to or lease of the project for payment of all costs of operation, maintenance, and upkeep of the project by the lessee, sublessee, or occupant so that under no circumstances is the state obligated, directly or indirectly, for the payment of the costs except with regard to state reimbursement for school housing projects; provided, that no findings shall be made and no financing effected under this chapter, with respect to healthcare providers, unless the proposed healthcare providers have first been approved by any state agency empowered to approve the construction of any healthcare providers in the manner provided in its general laws.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1; P.L. 2004, ch. 595, art. 23, § 1; P.L. 2022, ch. 227, § 1, effective June 27, 2022; P.L. 2022, ch. 228, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-21. - Agreement of the state.

§ 45-38.1-21. Agreement of the state.
The state pledges to and agrees with the holders of any bonds or notes issued under this chapter, and with those parties who may enter into contracts with the corporation pursuant to the provisions of this chapter, that the state will not limit or alter the rights vested in the corporation until any obligations under contracts, together with the interest, are fully met and discharged and the contracts are fully performed on the part of the corporation, provided, that nothing contained in this chapter precludes the limitation or alteration if and when adequate provision is be made by law for the protection of the holders of the bonds of the corporation or those entering into the contracts with the corporation. The corporation is authorized to include this pledge and undertaking for the state in the bonds, notes, or contracts.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-22. - Chapter cumulative — No notice required.

§ 45-38.1-22. Chapter cumulative — No notice required.
Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the Rhode Island health and educational building corporation might otherwise have under any laws of this state, but shall be construed as cumulative of those powers. The preceding sections of this chapter are deemed to provide a complete, additional, and alternative method for the doing of the things authorized by this chapter, and shall be regarded as supplemental and additional to powers conferred by other laws; provided, that the issuance of revenue bonds and revenue refunding bonds under the provision of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds, including particularly title 6A, and contracts for the construction and acquisition of any project undertaken pursuant to this chapter need not comply with the provisions of title 37. To the extent that the provisions of this chapter are inconsistent with the provisions of the general laws, this chapter shall be deemed controlling. No proceedings, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as is provided in this chapter.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-23. - Chapter liberally construed.

§ 45-38.1-23. Chapter liberally construed.
This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
History of Section.
P.L. 1967, ch. 56, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-24. - Severability.

§ 45-38.1-24. Severability.
If any section, clause, provision, or portion of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding shall not affect any other section, clause, or provision of this chapter which is not in and of itself unconstitutional.
History of Section.
P.L. 1967, ch. 56, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-25. - Institution for higher education powers.

§ 45-38.1-25. Institution for higher education powers.
Notwithstanding any other provision of law, any participating institution for higher education has the power to borrow money from the corporation, make education loans, and take all other actions and do those things that are necessary or convenient to consummate the transactions contemplated under this chapter. It is lawful for the corporation to establish, charge, contract for, and receive any amount or rate of interest or compensation with respect to corporation loans or education loans, and it shall also be lawful, notwithstanding any other provision of law, to make corporation loans or education loans at a rate of interest which may, during the life of the loans, be varied or revised upon terms or conditions that may be established by the corporation. It is also lawful for any institution of higher education to charge, contract for, and receive any amount or rate of interest or compensation, including amounts or rates of interest which may be varied or revised upon those terms or conditions that may be established by the institution, with respect to education loans.
History of Section.
P.L. 1982, ch. 301, § 8; P.L. 1991, ch. 292, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-26. - Transfer of fund balances.

§ 45-38.1-26. Transfer of fund balances.
The corporation, by a vote of its board of directors, may at any time, upon receipt of a written request to do so by the governor, transfer to the state, either to the general fund account or any restricted receipt account established by the general assembly specified in any request, any monies constituting unencumbered fund balances of the corporation which the board of directors determines to be surplus to the needs of the corporation. Any determination made by the board shall be deemed final and conclusive and not subject to review directly or indirectly.
History of Section.
P.L. 1989, ch. 480, § 12.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-27. - Development of Narragansett Brewery site.

§ 45-38.1-27. Development of Narragansett Brewery site.
(a)
Notwithstanding any provision of this chapter or any general law or special law to the contrary, it is a corporate purpose of the corporation to finance the development of the site of the former Narragansett Brewery in the city of Cranston as a multi-purpose facility to be used as a center for economic development, biotechnology research, education, health care, governmental, and other similar uses. For purposes of this section the definition of the word “project” as provided in § 45-38.1-3 includes structures and facilities suitable for use by institutions for higher education, health care facilities, governmental entities, and private non-profit users, including, but not limited to, uses as administration buildings, offices, libraries, laboratories, research facilities, classrooms, athletic facilities, maintenance, storage or utility facilities, and other structures or facilities related to the project or required or useful for the operation of the project, including parking and other facilities or structure essential or convenient for the orderly operation of the project, and also includes equipment and machinery and other similar items necessary or convenient for the operation of the project and the manner for which its use is intended.
(b)
For purposes of this section and for purposes of the development of the project, wherever the terms “participating institution for higher education”, “participating hospital”, or “participating health care provider” appear in this chapter, those terms mean and include the board of governors for higher education of the state or any one or more public bodies, natural persons, firms, associations, corporations and business trusts designated by the board of governors. Bonds issued for the project are not subject to the requirements of § 45-38.1-20 and shall not exceed twenty-five million dollars ($25,000,000). Repayment of the bonds is limited to revenue and income generated by the project.
History of Section.
P.L. 1994, ch. 294, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.2 - School Building Authority Capital Fund › Section 45-38.2-1. - Definitions.

§ 45-38.2-1. Definitions.
As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:
(1)
“Application” means a project proposed by a city, town, or LEA that would make capital improvements to public school facilities consistent with project evaluation criteria and chapter 41.1 of title 16-7;
(2)
“Approved project” means any project approved for financial assistance by the Council on Elementary and Secondary Education;
(3)
“Corporation” means the Rhode Island health and educational building corporation as set forth in chapter 38.1 of title 42;
(4)
“Department” means the department of elementary and secondary education as established under title 16;
(5)
“Eligible project” means an application, or a portion of an application, that meets the project evaluation criteria and approved by the council on elementary and secondary education;
(6)
“Financial assistance” means any form of financial assistance provided by the corporation to a city, town, or LEA in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, loans, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;
(7)
“Fund” means the school building authority capital fund;
(8)
“LEA” means a local education agency, a public board of education, school committee or other public authority legally constituted within the state for administrative control or direction of one or more Rhode Island public elementary or secondary schools;
(9)
“Market rate” means the rate the city, town, or LEA would receive on the open market at the time of the original loan agreement as determined by the corporation in accordance with its rules and regulations;
(10)
“Project evaluation criteria” means the criteria used by the school building authority to evaluate applications and rank eligible projects;
(11)
“Project priority list” means the list of eligible projects approved by the council on elementary and secondary education ranked in the order in which financial assistance shall be awarded by the corporation; and
(12)
“Subsidy assistance” means the credit enhancements and other measures to reduce the borrowing costs for a city, town, or LEA.
History of Section.
P.L. 2015, ch. 141, art. 9, § 4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.2 - School Building Authority Capital Fund › Section 45-38.2-2. - School building authority capital fund.

§ 45-38.2-2. School building authority capital fund.
(a)
There is hereby established a school building authority capital fund. The corporation shall establish and set up on its books the fund, to be held in trust and to be administered by the corporation as provided in this chapter. This fund shall be in addition to the annual appropriation for committed expenses related to the repayment of housing aid commitments. The corporation shall deposit the following monies into the fund:
(1)
The difference between the annual housing aid appropriation and housing aid commitment amounts appropriated or designated to the corporation by the state for the purposes of the foundation program for school housing; provided that for FY 2019 and FY 2020 that amount shall be used for technical assistance to districts pursuant to § 16-105-3(7);
(2)
Loan repayments, bond refinance interest savings, and other payments received by the corporation pursuant to loan or financing agreements with cities, towns, or local education agencies executed in accordance with this chapter;
(3)
Investment earnings on amounts credited to the fund;
(4)
Proceeds of bonds of the corporation issued in connection with this chapter to the extent required by any trust agreement for such bonds;
(5)
Administrative fees levied by the corporation, with respect to financial assistance rendered under this chapter and specified in § 45-38.2-3(a)(4), less operating expenses;
(6)
Other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the fund; and
(7)
Any other funds permitted by law which the corporation in its discretion shall determine to credit thereto.
(b)
The corporation shall establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the school building authority capital fund.
(c)
The school building authority shall establish and maintain internal controls to ensure that local education agencies are providing adequate asset protection plans, all local education agencies have equal access and opportunity to address facility improvements on a priority basis, and to ensure that funding from the school building authority capital fund has the greatest impact on facility gaps in state priority areas. The school building authority will also manage necessity of school construction approvals in accordance with the funding levels set forth by the general assembly.
History of Section.
P.L. 2015, ch. 141, art. 9, § 4; P.L. 2018, ch. 47, art. 9, § 4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39 - Sale of Water › Section 45-39-1. - Declaration of need and purpose.

§ 45-39-1. Declaration of need and purpose.
It is declared that, due to the unpredictability of nature, various cities and towns in this state have been unable to supply sufficient water to meet the needs of their inhabitants, and that, from time to time, the lack of water has produced grave emergencies for which there has been no legal solution. It is further declared that it is the purpose of this chapter to alleviate this problem.
History of Section.
P.L. 1965, ch.199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39 - Sale of Water › Section 45-39-2. - Authorization to sell water.

§ 45-39-2. Authorization to sell water.
Every city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law, is authorized to sell water to any other city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law, in times of emergency or when, for any reason, the water supply of any city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law is endangered or rendered unusable and declared so by the city or town council, notwithstanding anything in the general or special laws, city or town ordinances, or city or town charters or charters of any quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law.
History of Section.
P.L. 1966, ch. 65, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39 - Sale of Water › Section 45-39-4. - Payment for hydrant rentals.

§ 45-39-4. Payment for hydrant rentals.
Notwithstanding any general or special law relating to publicly owned water authorities, a municipality may provide by enactment of an ordinance and complying with the notice requirements of § 39-3-11.1, that the rental usage or fees for any fire hydrant within the municipality shall be the responsibility of the water ratepayers within the municipality which enacted the enabling ordinance, provided that this provision shall apply only where the municipality owns the water supplier and is the exclusive supplier of public water within the municipality.
History of Section.
P.L. 2011, ch. 189, § 2; P.L. 2011, ch. 278, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39.1 - Municipal Water Supplies › Section 45-39.1-1. - Purpose.

§ 45-39.1-1. Purpose.
The purpose of this chapter are:
(1)
To clarify the powers and duties of city and town councils with regard to water suppliers, and
(2)
To establish municipal water supplies as enterprise funds. This chapter shall not alter, abrogate, or diminish the duties of water suppliers established elsewhere in the general or public laws or supersede or alter or abrogate powers and duties set forth in chapter 39-15.1.
History of Section.
P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39.1 - Municipal Water Supplies › Section 45-39.1-2. - Definitions.

§ 45-39.1-2. Definitions.
(1)
“Agricultural” shall mean commercial agricultural producers as defined in 46-15.3-4(2).
(2)
“Commission” means the public utilities commission established by chapter 39-1;
(3)
“Council” means the city council of any city and the town council of any town;
(4)
“Municipal water supply” means a department, board, commission, authority, or agency of a city or town, which does not have a separate corporate existence from the city or town, that is a water supplier as defined in subdivision 46-15.3-5.1(a)(2);
(5)
“Water resources board” means the water resources board established pursuant to chapter 46-15; and
(6)
“Water supply systems management plan” means a water supply systems management plan prepared in accordance with the requirements of §§ 46-15.3-5.1 — 46-15.3-7
History of Section.
P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39.1 - Municipal Water Supplies › Section 45-39.1-3. - Power of councils.

§ 45-39.1-3. Power of councils.
In addition to and consistent with any power provided by a law or charter provision, councils shall have the power to:
(1)
Plan, in a manner consistent with the provision of chapter 45-22.2, and provide for water supply or municipal water supply within the city or town or any portion or area thereof;
(2)
Adopt, fix and amend rates as set forth by section 45-39.1-5, unless such rates are subject to the approval of the commission or are governed by another provision of law or charter;
(3)
Control water usage within the city or town in order to provide for the adequacy, availability, and/or safety of water supply; and adopt such measures as may be necessary to make such restriction effective; such restrictions shall not be less than or inconsistent with any standards adopted by the water resources board and shall incorporate the priority given to agriculture pursuant to subdivision 46-15.7-1(b)(5); and
(4)
Approve the submission, by the city or town, of a water supply system management plan to the water resources board pursuant to section 46-15.3-5.1.
History of Section.
P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-39.1 - Municipal Water Supplies › Section 45-39.1-4. - Organization.

§ 45-39.1-4. Organization.
Notwithstanding any provision of law, charter, or ordinance, to the contrary not later than July 1, 2010, each municipal water supply shall be organized, operated, and accounted for as an enterprise fund; provided, however, that the requirements of this section shall not be deemed to abrogate or impair any agreement, decision, rate, or order in effect on July 1, 2009.
History of Section.
P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40 - Interlocal Cooperation Commissions › Section 45-40-1. - Authority to create commission — Purpose.

§ 45-40-1. Authority to create commission — Purpose.
(a)
City or town councils have the authority to create a commission, to be called the interlocal cooperation commission, the purpose of which is to cooperate with other localities on a basis of mutual advantage, and to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
(b)
The commission shall conduct researches into the local governmental functions of its own and local communities. It may recommend to its council or any political subdivision of this state or another state, and to any agency of the state government or of the United States, programs to accomplish its purpose. It shall keep accurate records of its meetings and actions and file an annual report. It has power to appoint, subject to any personnel procurement program ordained by the city or town, any clerks and other employees that it may from time to time require.
History of Section.
P.L. 1966, ch. 190, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40 - Interlocal Cooperation Commissions › Section 45-40-2. - Membership.

§ 45-40-2. Membership.
The commission shall consist of four (4) to seven (7) members appointed by the mayor with the advice and consent of the city council, or by the town council, or by any authority designated in its city or town charter. The members of the commission are appointed for three (3) year terms, except that the initial appointments are for less than three (3) years to the end that the initial appointments are staggered and so that all subsequent vacancies do not occur at the same time. In the event of a vacancy, interim appointments may be made by the appointing authority to complete the unexpired term of the position. Of the members, two (2) shall be members of the city or town council, one shall be a member of the school committee, one shall be a fiscal or budget officer of the municipality, and the remaining members shall be residents of the municipality.
History of Section.
P.L. 1966, ch. 190, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40 - Interlocal Cooperation Commissions › Section 45-40-3. - Studies with others.

§ 45-40-3. Studies with others.
Subject to the approval of the city or town council, the commission may join in research and studies with others, and may receive gifts of funds to conduct the studies or to further its aims and purpose.
History of Section.
P.L. 1966, ch. 190, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40 - Interlocal Cooperation Commissions › Section 45-40-4. - Meetings — Records.

§ 45-40-4. Meetings — Records.
All meetings of the commission are open to the public, and any person or his or her constituted representative, is entitled to appear and be heard on any matter before the commission before it reaches its decision. All records of its proceedings, resolutions, and actions are open to public view.
History of Section.
P.L. 1966, ch. 190, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-1. - Legislative purpose.

§ 45-40.1-1. Legislative purpose.
It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and, thereby, to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-2. - Short title.

§ 45-40.1-2. Short title.
This chapter may be cited as the “Rhode Island Interlocal Cooperation Act”.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-3. - “Public agency” defined.

§ 45-40.1-3. “Public agency” defined.
(a)
For the purposes of this chapter, the term “public agency” means any political subdivision of this state, any agency of the state government or of the United States, and any political subdivision of another state.
(b)
The term “state” means a state of the United States.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-5. - Filing, status, and actions.

§ 45-40.1-5. Filing, status, and actions.
Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the keeper of local public records and with the secretary of state. In the event that an agreement entered into pursuant to this chapter is between or among one or more public agencies of this state and one or more public agencies of other states or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation of the compact or liability under it, the public agencies party to it shall be real parties in interest, and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party. The action shall be maintainable against any public agency or agencies whose default, failure, or performance, or other conduct, caused or contributed to the incurring of damage or liability by the state.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-6. - Additional approval in certain cases.

§ 45-40.1-6. Additional approval in certain cases.
In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having power of control, and shall be approved or disapproved by him, her or it, as to all matters within his, her or its jurisdiction, in the same manner and subject to the same requirements governing the action of the attorney general pursuant to § 45-40.1-4. The requirement of submission and approval is in addition to, not in substitution for, the requirement of submission to and approval by the attorney general.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-7. - Appropriations, furnishing of property, personnel, and service.

§ 45-40.1-7. Appropriations, furnishing of property, personnel, and service.
Any public agency entering into an agreement pursuant to this chapter may appropriate funds and sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking, by providing personnel or services for it as may be within its legal power to furnish.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-40.1 - Interlocal Contracting and Joint Enterprises › Section 45-40.1-8. - Interlocal contracts.

§ 45-40.1-8. Interlocal contracts.
Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform; provided, that the contract is authorized by the governing body of each party to the contract. The contract shall state fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
History of Section.
P.L. 1990, ch. 415, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-1. - Establishment of fund.

§ 45-41-1. Establishment of fund.
A city or town treasurer, with the advice and consent of his or her city or town council, is hereby authorized and empowered to create and establish a fund for the purpose of self insuring the city or town upon approval and funding by the legally empowered authority of the respective cities and towns.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-2. - Amount of fund.

§ 45-41-2. Amount of fund.
Self insurance funds may be established to insure the assets and liabilities of a city or town, not otherwise insured, to the extent determined by the city or town councils; provided, that these funds not exceed five percent (5%) of the total assessed valuation of real estate and tangible personal property in the cities or towns.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-3. - Payment to and from fund.

§ 45-41-3. Payment to and from fund.
The self insurance funds shall be used by the cities or towns as nonlapsing, revolving funds for carrying out the provisions of this chapter. To these funds may be charged any and all expenses of a city or town relating to the insurance of its assets and liabilities not otherwise insured, the expenses having been adjudged against the city or town by due process of law or deemed valid claims by the city or town council sitting as a “claim board”, and to this fund shall be credited all receipts of moneys as may have been adjudged in the favor of the city or town by due process of law.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-4. - Investment of fund.

§ 45-41-4. Investment of fund.
(a)
Moneys in the funds currently not needed to meet expenses and obligations of self insurance shall be deposited in a depository bank as designated by the city or town councils to the credit of the funds or may be invested by the city or town treasurers, with the approval of the city or town councils, in savings accounts or certificates of commercial or savings banks or trust companies, or in obligations of the United States or its agencies, or in any other short term investments, as would be made by prudent men or women of discretion and intelligence.
(b)
Investment earnings of the funds are deemed receipts and become assets of the funds subject to the nonlapsing, revolving provisions of § 45-41-3.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-5. - Expenses of operation.

§ 45-41-5. Expenses of operation.
The city or town councils may, in their discretion, authorize the city or town treasurers to expend out of the funds moneys that may be necessary for any expenses of self insurance including administrative, legal, or other service expenses.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-6. - Account — Annual audit.

§ 45-41-6. Account — Annual audit.
The city or town treasurers shall keep proper records of accounts and make an annual report of the fund’s condition to the city or town councils. In addition, the fund shall be audited annually in the same manner in which all other funds of the city or town are audited, and the results of the audit shall be included in an annual audited financial report.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-7. - Additional appropriations.

§ 45-41-7. Additional appropriations.
If, following the initial appropriation which establishes a self insurance fund, from time to time, in the opinion of the city or town council, the addition of moneys to the fund is required to adequately insure the assets and liabilities of the city or town, not otherwise insured, the city or town council shall request, in accordance with the terms of the laws then applicable, an additional appropriation of moneys of the city or town not otherwise appropriated. Any unexpended balance of any or all of these appropriations shall be carried forward to succeeding fiscal years.
History of Section.
P.L. 1971, ch. 216, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-41 - Self Insuring Fund › Section 45-41-8. - Severability.

§ 45-41-8. Severability.
The provisions of this chapter are severable, and if any of its provisions is held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1971, ch. 216, § 1.