reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-21. - Fees, rates and charges.

§ 46-15.3-21. Fees, rates and charges.
(a)
The fees, rates, and charges for drinking water are a mandatory component of water supply system management.
(b)
The following factors shall be considered in setting fees, rates, and charges:
(1)
Recovery of all capital and operating costs, fixed and variable of production, conservation, use, management, protection, obtaining, development, procuring, and/or transporting water, and its sale at wholesale or retail;
(2)
Marginal cost pricing;
(3)
Emergency and drought period surcharges;
(4)
Seasonal price structures;
(5)
Difference in costs based upon different points of delivery;
(6)
The effect of fees, rates, and charges on use of water and, where applicable, on wastewater costs and charges;
(7)
The effect of reducing leakage to levels consistent with stated goals;
(8)
Preparing, maintaining and implementing water supply system management programs; and
(9)
Notwithstanding any other provisions of law, the Providence water supply board shall transfer to the general fund of the city of Providence an amount equal to five percent (5%) per annum times the annual gross revenues of the Providence water supply board for the fiscal year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence water supply board’s rates approved by a final unappealable order of the public utilities commission for the same three (3) fiscal years.
(c)
Notwithstanding the provisions of §§ 39-2-2 and 39-2-5, all rates and charges made by water suppliers which decline as quantity used increased are hereby declared to be no longer conducive to sound water supply system management designed to properly conserve, develop, utilize, and protect this finite natural resource. The public utilities commission may order rates for suppliers of water which either do not vary with quantities used or when there is evidence of increasing costs to either the utility or to society, rates which increase as the quantity used increases. If the commission finds that changing rates to comply with this section will cause a hardship to a class of customers, the commission may order that rates for that class of customers be changed to comply with this section over a period of time not to exceed five (5) years.
(d)
Notwithstanding the provisions of §§ 39-2-2 and 39-2-5, the public utilities commission may order a reduction in rates consistent with the amount by which a supplier exceeds the stated goals for leakage.
History of Section.
P.L. 1997, ch. 360, § 4; P.L. 2003, ch. 376, art. 7, § 13; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-22. - Billing and collection of fees, rates, and charges.

§ 46-15.3-22. Billing and collection of fees, rates, and charges.
(a)
Financial support of water supply and provision of timely and accurate information on costs to users are mandatory components of water supply system management.
(b)
All water suppliers shall meter all water delivered and shall maintain and replace meters in accordance with their management plans. Water suppliers that service the Town of Johnston shall formulate and carry out a program for installation of radio frequency reading systems. These programs shall be initiated not later than December 31, 2015.
(c)
Water suppliers shall record metered usage and bill quarterly or less frequently by December 31, 2013.
(d)
[Deleted by P.L. 2009, ch. 288, § 8 and P.L. 2009, ch. 341, § 8].
History of Section.
P.L. 1997, ch. 360, § 4; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8; P.L. 2013, ch. 495, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-23. - Sanitary device retrofitting.

§ 46-15.3-23. Sanitary device retrofitting.
(a)
Water supply system management shall include retrofitting existing water users not in conformance with the state plumbing code standards for new or replacement sanitary devices with water-saving plumbing equipment, including, but not limited to, low-flow faucet aerators and shower heads, toilet displacement equipment, and materials for toilet tank leak detection.
(b)
A water utility may act as a central purchaser and supplier of water efficiency devices which comply with state plumbing codes and may enter into cooperative agreements with other water suppliers or other agencies to facilitate bulk purchases of water efficiency devices required to implement, approved retrofit plans. A retrofitting program shall include, without limitation:
(1)
Annual notification to each residential class user of the objectives and accomplishments of the retrofit program and of the availability of water-saving plumbing devices at cost or at no direct cost;
(2)
Installation of water saving plumbing equipment for residential class users by the water supplier at cost or at no direct cost as scheduled in the water supply system management plan;
(3)
Technical assistance and water audits to formulate and implement retrofit programs for major multiple unit housing areas or developments and commercial and industrial users. Water suppliers may enter into cooperative agreements with the owners or management of such users for the preparation of specifications, bulk purchase, and installation of sanitary device retrofit equipment for the purpose of implementing retrofit programs.
History of Section.
P.L. 1997, ch. 360, § 4; P.L. 2007, ch. 340, § 51.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-24. - Financing water supply system management.

§ 46-15.3-24. Financing water supply system management.
(a)
The cost of water supply system management planning and water supply system management as required by this chapter shall be financed as follows:
(1)
The cost of preparing and maintaining water supply system management plans as required by § 46-15.3-5.1(A)(1) shall be paid by the municipality from any funds made available under chapter 22.2 of title 45 or from any other funds used to prepare, maintain, and amend local comprehensive plans. Expenses incurred in conducting these activities are exempt from reimbursement as a state mandate under §§ 45-13-6 through 45-13-10;
(2)
The cost of preparing and maintaining water supply system management plans and carrying out water supply system management programs as required by § 46-15.3-5.1(A)(2), shall be paid from charges against water users. Such charges shall be limited to those necessary and reasonable to undertake the actions required by this chapter, and shall be included in bills rendered in accordance with § 46-15.3-21(b);
(b)
A public or private utility, under the jurisdiction of the public utilities commission, providing water service may file with the public utilities commission proposed rates and charges, including emergency rate relief, so as to provide for the necessary and reasonable costs of carrying out the requirements of this chapter. The public utilities commission shall hear and decide such requests as provided by title 39, and shall allow adjustments in rates necessary to offset necessary and reasonable reductions in revenues resulting from implementation of a water supply system management program;
(c)
Water utilities will be operated as financially self-supporting agencies and shall maintain revenue levels sufficient to cover all fixed and variable capital and operating costs of conservation, use, management, protection, development and other costs of water supply and may be allowed a reasonable profit.
History of Section.
P.L. 1997, ch. 360, § 4; P.L. 2007, ch. 340, § 51.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.3 - Public Drinking Water Supply System Protection › Section 46-15.3-25. - Transfer of charges to Rhode Island infrastructure bank.

§ 46-15.3-25. Transfer of charges to Rhode Island infrastructure bank.
Notwithstanding any law, rule or regulation to the contrary, upon the dissolution of the water resources board (corporate) pursuant to § 46-15.1-22, any charges remitted to the water resources board (corporate) pursuant to this chapter shall be remitted to the Rhode Island infrastructure bank, a body politic and corporate and public instrumentality of the state established pursuant to chapter 12.2 of title 46.
History of Section.
P.L. 2009, ch. 68, art. 5, § 7; P.L. 2015, ch. 141, art. 14, § 21.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-2. - Legislative declaration.

§ 46-15.5-2. Legislative declaration.
Recognizing the importance of protecting, maintaining and utilizing all sources of potable water and recognizing that with the continued demands on the Scituate Reservoir, this general assembly hereby finds and declares that:
(1)
The citizens of Bristol County lack an adequate and secure supply of potable water;
(2)
Heretofore acting through the Bristol County water authority, the citizens of Bristol County have presented a proposal for the construction to bring water from the Scituate Reservoir to Bristol County;
(3)
The state and its citizens would be better served and the environment enhanced by the construction of an additional connection connecting Bristol County to the Scituate Reservoir;
(4)
The need for water in Bristol County is critical and requires immediate and prompt action on the part of the state, its agencies, boards and commissions;
(5)
[Deleted by P.L. 2021, ch. 92, §  1 and P.L. 2021, ch. 95, §  1.]
(6)
The alternatives authorized by this chapter will be less expensive than the East Providence connection, so-called; and
(7)
Reliance by citizens of East Providence and Bristol County on a single connection would create a hazard to the health, safety, and welfare of the citizens of East Providence and Bristol County, and, therefore, the construction of an emergency connection that shall permit water to flow in either direction is a public necessity.
(8)
[Deleted by P.L. 2021, ch. 92, §  1 and P.L. 2021, ch. 95, §  1.]
History of Section.
P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2021, ch. 92, § 1, effective July 1, 2021; P.L. 2021, ch. 95, § 1, effective July 1, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-4. - Rates and charges for water.

§ 46-15.5-4. Rates and charges for water.
If either the city of East Providence or the Bristol County water authority shall utilize the emergency connection, the party providing water shall charge the party for the water so provided an amount determined by applying the rate charged to such providing party by the Providence water supply board under the then current schedule applicable to such party. No such connection nor the transmission of water through such connection nor the payment of the surcharge shall subject the City of East Providence to the jurisdiction of the public utilities commission pursuant to § 39-1-2(a)(20).
History of Section.
P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-5. - Financing.

§ 46-15.5-5. Financing.
(a)
The Bristol County water authority extension of its transmission system to connect to the Providence water supply system through the additional connection together with the emergency connection as set forth in § 46-15.5-3 and the cost of planning, design and permitting the improvements to the Bristol County water authority’s existing system as set forth in § 46-15.5-6 (the
“existing system”
enhancement) as directed by the water resources board shall be deemed an approved intersystem facility as that term is defined in § 46-15.2-3 and fifty percent (50%) of the cost thereof shall be considered eligible for funding pursuant to the provisions of chapter 15.2 of this title. There is hereby included in the 1994 capital budget an amount equal to $14.8 million ($14,800,000) to be used to fund such additional connections, the emergency connection and the existing system enhancement. The water resources board is hereby directed to take such steps as shall be necessary to transfer any funds heretofore set aside or designated for purposes of providing funding to the Bristol County water authority for the cross-bay pipeline to the East Providence connection authorized and directed by this chapter.
(b)
The Bristol County water authority is deemed to have met the provisions of § 46-15.2-5(d)(2), (3), (4), (5), (6), (8), (e) and (f) with respect to the connections authorized by this chapter. The water resources board shall give priority to the application filed by the Bristol County water authority in accordance with chapter 15.2 of this title and this chapter and shall approve the project based upon its findings of fact as provided in §§ 46-15.2-5(d)(1) and (7) without the necessity of meeting any other conditions precedent set forth in §§ 46-15.2-4(e) and 46-15.2-6(a).
(c)
All other state agencies having jurisdiction over the Bristol County water authority with respect to any permit required to design and construct the additional and emergency connections authorized by this chapter shall give administrative, hearing and decisional priority to any application for any such permit.
History of Section.
P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2007, ch. 340, § 52.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-6. - [Repealed.]

§ 46-15.5-6. [Repealed.]
History of Section.
P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2007, ch. 340, § 52; repealed by P.L. 2021, ch. 93, § 1, effective July 1, 2021; repealed by P.L. 2021, ch. 94, § 1, effective July 1, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-6.1. - Limitation on expenditures.

§ 46-15.5-6.1. Limitation on expenditures.
The Bristol County water authority shall pay fifty percent (50%) of costs of planning, design, permitting and construction of the additional and emergency connections authorized by this chapter until the total cost thereof shall equal $29.6 million ($29,600,000). All costs in excess of $29.6 million ($29,600,000) will be paid by the Bristol County water authority. In the event that the total expenditures by the Bristol County water authority for the planning, design, permitting and construction of the additional and emergency connections authorized hereby shall be less than $14.8 million ($14,800,000), the Bristol County water authority shall expend the differences for the planning, design, permitting and construction of the existing systems enhancements, with the first priority being given to the completion of a new raw water transmission line to the existing Bristol County reservoirs.
History of Section.
P.L. 1993, ch. 243, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-7. - Connection with Providence water supply system.

§ 46-15.5-7. Connection with Providence water supply system.
The provisions of § 18 of chapter 1278 of the public laws of Rhode Island, of 1915 as amended, dealing with the connection of the Bristol County water authority with the Providence water supply system are hereby amended to authorize the additional connection and the emergency connections in the manner approved by the water resources board in accordance with the provisions of this chapter and with chapter 15 of this title. That § 18 is further amended by adding the City of East Providence to those cities wherein all pipelines and other water works appurtenances of the Bristol County water authority are exempt from local taxation. The City of Providence is authorized and directed to treat the additional connection as an acceptable “delivery point” pursuant to those provisions of that certain agreement dated March 28, 1986 between the Bristol County water authority and the City of Providence, subject nevertheless to the provisions of § 5 of such agreement.
History of Section.
P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-9. - Administrative priority.

§ 46-15.5-9. Administrative priority.
Any state agency, board, council, or commission shall give priority in terms of consideration of, and hearing on, any application made by the Bristol County water authority seeking necessary approvals to carry out the provisions of this chapter.
History of Section.
P.L. 1992, ch. 134, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.5 - Bristol County Water Supply › Section 46-15.5-10. - Transfer of functions.

§ 46-15.5-10. Transfer of functions.
Notwithstanding any transfer of functions from the water resources board to the department of environmental management or any provision of law, the water resources board shall retain all jurisdiction with respect to chapter 15 of this title as in effect prior to the enactment of chapter 461 of the Public Laws of 1990, and as amended, herein shall remain in effect for purposes of implementing this chapter.
History of Section.
P.L. 1992, ch. 134, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-1. - Short title.

§ 46-15.6-1. Short title.
This chapter shall be referred to as the “Comprehensive Clean Water Infrastructure Act of 1993”.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-2. - Legislative findings, intent, and objectives.

§ 46-15.6-2. Legislative findings, intent, and objectives.
(a)
The general assembly hereby recognizes and declares that:
(1)
Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters to protect health.
(2)
The waters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs.
(3)
It is a paramount policy of the state to protect the purity of present and future drinking water supplies by protecting the infrastructure of potable water, including treatment plants, pipes, valves, pumping stations, storage facilities, interconnections, and water mains.
(4)
It is imperative to provide a uniform and valid mechanism to base assistance for the construction, repair, protection, and/or improvement of potable water infrastructure replacement.
(5)
The decay of infrastructure and related construction due to deterioration or functional obsolescence can threaten the quality of supplies and, therefore, can endanger public health; thus it is necessary to take immediate and continuing steps to repair and replace the infrastructure used to deliver water supplies in order to restore water system facilities.
(6)
Failure to replace the infrastructure used to deliver water supplies may cause and probably will continue to degrade the quality of public drinking water.
(7)
Protection of water quality is necessary from the collection source through the point of delivery to the ultimate consumer.
(8)
The potable threat to public health caused by unsafe drinking water far outweighs the economic costs for the construction of the potable water infrastructure replacement.
(b)
That the objectives of this chapter are:
(1)
To establish a funding mechanism to insure that infrastructure replacement programs are carried out by each municipality and by each municipal department, agency, district, authority, or other entity engaged in or authorized to engage in the supply, treatment, transmission, or distribution of drinking water, and
(2)
That the plans and their execution achieve and insure that the investment of the public in such facilities is not eroded.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 2007, ch. 340, § 53.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-3. - Infrastructure replacement program.

§ 46-15.6-3. Infrastructure replacement program.
All municipalities, municipal departments and agencies, districts, authorities or other entities engaged in or authorized to engage in the supply, transmission, distribution of drinking water on a wholesale or retail basis, and which obtain, transport, purchase, or sell more than fifty million (50,000,000) gallons of water per year, shall be referred to as “water suppliers” for the purpose of this chapter. All water suppliers shall prepare, maintain, and carry out an infrastructure replacement program as described in this chapter.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-4. - Content of infrastructure replacement component.

§ 46-15.6-4. Content of infrastructure replacement component.
(a)
The infrastructure replacement component (hereinafter referred to as
“component”
) shall include without limitation:
(1)
A detailed financial forecast of facility replacement improvement requirements for the next twenty (20) years including, but not limited to, the principal components of the water system such as reservoirs, dams, treatment plants, pipes, valves, fire hydrants, pumping stations, storage facilities, pumping and well equipment, interconnections and water mains. Each financial forecast shall analyze the condition and life expectancy of the existing facilities, prioritize needed repairs and replacements and amortize such improvement requirements on an annual basis over the next twenty (20) years in accordance with rules and regulations promulgated herein. Water suppliers which have in effect infrastructure improvement or rehabilitation programs and mechanisms for funding approved by their appropriate governing bodies may submit their existing programs for complete or partial compliance with the provisions of this section.
(2)
A method that establishes and maintains fiscal controls and accounting depreciation standards sufficient to ensure proper accounting for evaluation of facility requirements necessitated by this chapter in accordance with rules and regulations promulgated herein.
(b)
Components shall be consistent with applicable local comprehensive plans in which the service areas are or are planned to be located.
(c)
Proceeds from the watershed protection fund shall be usable for reimbursement of water suppliers for preparation of their infrastructure replacement components as described in this chapter up to fifty percent (50%) of the cost of the component.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-5. - Completion, filing, approval and implementation of infrastructure component.

§ 46-15.6-5. Completion, filing, approval and implementation of infrastructure component.
(a)
Each water supplier required by this chapter to prepare and maintain an infrastructure replacement component shall complete and adopt a component two (2) years subsequent to the date each party’s water supply management plan per § 46-15.3-7.5 is due.
(b)
Water suppliers subject to the requirements of § 46-15.6-3 shall file a copy of all components, only to the extent the components differ from plans filed under § 46-15.3-5.1 thereto with the following: the division of drinking water quality of the department of health (hereinafter referred to as
“the department”
).
(c)
A water supplier subject to § 46-15.6-3 shall review their components at least once every five (5) years and shall modify or replace their components as necessary.
(d)
The department shall coordinate expeditious review of components prepared by water suppliers subject to this chapter. Upon receipt of components prepared by water suppliers under this chapter, water resources board, and the division of public utilities and carriers (for those water suppliers within their jurisdiction) shall have one hundred and twenty (120) days to review the components and submit comments thereon to the department. Upon consideration of written comments by all agencies designated herein the department shall determine whether the component complies with the requirements of this chapter. This determination shall be made within eight (8) months of the initial submission. A thirty (30) day public comment period shall be included in this eight (8) month review period. Failure by the department to notify water suppliers of its determination within the prescribed time limit shall constitute approval.
(e)
Each water supplier shall implement the requirements of its infrastructure replacement program and component, including its infrastructure replacement fund, as mandated by this chapter in accordance to rules and regulations promulgated per § 46-15.6-7.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 1995, ch. 103, § 1; P.L. 1997, ch. 37, § 1; P.L. 1998, ch. 340, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-6. - Financing infrastructure replacement.

§ 46-15.6-6. Financing infrastructure replacement.
The cost of infrastructure replacement programs and indemnification as required by this chapter shall be financed as follows:
(1)
The cost of programs to implement infrastructure replacement shall be paid by the water users. The charges shall be limited to those necessary and reasonable to undertake the actions required by this chapter. These charges shall be based upon the annual funding requirements of the facility improvements necessitated over each successive twenty (20) year period. Interest earned on money in this infrastructure replacement fund shall be credited to this infrastructure replacement fund.
(2)
Each water supplier designated in § 46-15.6-3 shall establish a special account designated as the infrastructure replacement fund to be held as a restricted receipt account and to be administered by the water supplier solely to implement and carry out the replacement of infrastructure as required by this chapter.
(3)
Any money which may accumulate in the infrastructure replacement fund in excess of that needed to implement the annual infrastructure replacement program or in excess of that exclusively pledged to repayment of outstanding bonds or notes or loan repayments to implement the infrastructure replacement program shall revert to the rate payers of that particular system on a biannual basis.
(4)
Each water supplier designated in § 46-15.6-3 may, as a complete or partial alternative to direct funding of its infrastructure replacement program, finance its infrastructure replacement program through bonding. The annual debt service of each bond or bonds shall be applied and credited towards the annual requirement of the infrastructure replacement program’s annual funding requirements.
(5)
The Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall permit an increase for just and reasonable infrastructure replacement in the portion of the water suppliers’ rate structure to comply with this chapter and shall allow the water supplier to add this required funding to its rate base in accordance with this chapter.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-7. - Rules governing content of programs, components, review, evaluation, funding, and implementation.

§ 46-15.6-7. Rules governing content of programs, components, review, evaluation, funding, and implementation.
The department with the concurrence of the water resource board, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall forthwith promulgate rules and regulations for the review of components as pertains to financial forecasts of facility replacement, improvement requirements and fiscal controls and accounting depreciation standards per § 46-15.6-4(a)(1) and (a)(2). The department with the concurrence of the water resource board, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards which it will use to evaluate the implementation of approved components, programs and funding mechanisms.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 1997, ch. 37, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-8. - Severability.

§ 46-15.6-8. Severability.
If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of this chapter.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.6 - Clean Water Infrastructure › Section 46-15.6-9. - Excluding requirement of state mandated cost.

§ 46-15.6-9. Excluding requirement of state mandated cost.
The provisions of §§ 45-13-7 — 45-13-10 shall not apply to §§ 46-15.6-1 — 46-15.6-8.
History of Section.
P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.7 - Management of the Withdrawal and Use of the Waters of the State › Section 46-15.7-2. - Definitions.

§ 46-15.7-2. Definitions.
The following words and phrases shall have the meanings stated herein when used in this chapter:
(1) “Board”
means the Rhode Island water resources board created by chapter 15 of this title.
(2) “Person”
means and is defined by § 46-13-2(2).
(3) “Safe yield”
means a sustainable withdrawal that can be continuously supplied from a water source without adverse effects throughout a critical dry period with a one percent (1%) chance of occurrence, or one that is equivalent to the drought of record, whichever is worse.
(4) “Water source”
means any location at which ground or surface water may be withdrawn for any purpose, including tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, impoundments, diversion structures, wetlands, aquifers, recharge areas, and any others that are contained within, flow through, or border on this state or any portion thereof.
(5) “Water Supply System Management Plan”
means a plan, which may be an element of a local comprehensive plan, adopted and approved in accordance with chapter 15.3 of this title.
(6) “Withdrawal”
means taking of water from a water source for any purpose, regardless of the quantity or quality of the water taken or its eventual disposition including return to the same water source.
History of Section.
P.L. 1998, ch. 285, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.7 - Management of the Withdrawal and Use of the Waters of the State › Section 46-15.7-3. - Functions of the water resources board.

§ 46-15.7-3. Functions of the water resources board.
Actions authorized or directed by this section must be taken in accordance with the Administrative Procedures Act, chapter 35 of title 42.
(1)
The board shall adopt by rule standards and procedures for implementation of the requirements of this chapter that are consistent with applicable statutes.
(2)
The board shall conduct a comprehensive and detailed inventory of the water resources of this state, and shall maintain the inventory on a current and valid basis.
(i)
The purpose of this inventory shall be to establish the quantity of water existing in every water source, the quantity that is being used or is needed for every significant purpose, as listed in § 46-15.7-1(a)(2) preceding, and the quantity that is available to support other uses.
(ii)
The board shall use data available from state and federal agencies, local governments, elements of the state guide plan, water supply system management plans, persons who withdraw water, and any other valid information that contributes to accomplishing the purpose of this chapter. It is the responsibility of each water user to provide data, or the best available estimates, on their water withdrawals.
(iii)
The board shall gather any other information that will assist it in determining the capability of the state’s water resource to support various uses and users, and the quantities of water being used to support these. All of the uses and users listed in § 46-15.7-1(a)(2) and any others that are relevant shall be included.
(3)
The board shall identify any water source where existing uses and users are shown to have reached or threaten to approach or exceed the safe yield of that source.
History of Section.
P.L. 1998, ch. 285, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.8 - Water Use and Efficiency Act › Section 46-15.8-1. - Short title.

§ 46-15.8-1. Short title.
This act shall be known and may be cited as the “Water Use and Efficiency Act.”
History of Section.
P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.8 - Water Use and Efficiency Act › Section 46-15.8-2. - Legislative findings.

§ 46-15.8-2. Legislative findings.
(a)
The general assembly finds and declares that:
(1)
Rhode Island is fortunate to have sufficient precipitation to meet Rhode Island’s water needs, if that water is not wasted and if it is well and fairly managed. With scarcity of water a growing concern for many southern and western states, Rhode Island’s adequate water supply can and should be an economic advantage for our state;
(2)
Water is a renewable but a limited resource essential to the survival of all living things. The mission of the water supply profession is to provide a reliable supply of high quality water for the protection of public health, safety and welfare, and to ensure a sustainable balance between human and ecological water needs. Environmental stewardship and integrated water resource management, including land conservation, wetlands protection, and protecting the ecological integrity of water resources, are core values of the water supply profession and are essential to sustaining this mission;
(3)
Efficient and equitable management of our shared water resources allows us to make water available to new economic development as well as meet existing water needs, both of which support our state’s economic vitality and the quality of life of our communities;
(4)
Good management allows us to provide water for necessary residential use as well as economic growth, at the same time that we preserve and protect the natural resources that make Rhode Island such an attractive place to live, and that support important economic activity that depends upon a healthy environment, such as fisheries, farming and tourism;
(5)
Rhode Island is currently consuming large amounts of water for inefficient outdoor non-agricultural summer landscape irrigation.
(6)
More efficient use of our shared water supply, especially by residential users, makes more water available for economic activity and for replenishment of stream flow, and is usually the most cost-effective and quickest way to maximize available water supply. Conservation must be a priority for successful water management.
(7)
Rhode Island’s water supply infrastructure must be maintained if it is to continue to supply the state with clean water sufficient to meet our needs; it is far cheaper to “pay as you go” than to defer infrastructure maintenance, which will result in it being far more expensive in the future.
(8)
Municipalities should consider the water available for human use and likely water needs at build out in making planning decisions.
(9)
The Rhode Island Water Resources Board, as an independent water supply agency, is vital to the success of this legislation and will provide necessary balance in working toward the sustainability of Rhode Island’s water resources.
History of Section.
P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.8 - Water Use and Efficiency Act › Section 46-15.8-3. - Purposes.

§ 46-15.8-3. Purposes.
The purposes of this act are:
(a)
To help assure reasonable, needed and adequate future water supplies by:
(1)
Managing demand;
(2)
Reinvesting in water supply infrastructure and water supply resources; and
(3)
Protecting and preserving the health and ecological functioning of the water resources of the state.
(b)
To strengthen water resources and supply planning by implementing, effectively and efficiently, water rates and water supply system management plans that are designed to achieve appropriate infrastructure reinvestment and demand management.
(c)
To increase the efficient and effective administration of government responsibilities by establishing municipal water departments, boards, and authorities as self-sustaining enterprise funds.
History of Section.
P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.8 - Water Use and Efficiency Act › Section 46-15.8-4. - Duties of water suppliers.

§ 46-15.8-4. Duties of water suppliers.
All public drinking water supply systems that are subject to the requirements of § 46-15.3-5.1 shall have a duty:
(1)
To manage demand to assure the long-term viability of water resources and water supply, to provide for strategic, prudent, reasonable and necessary use of water supplies, to control and/or curtail water use during periods of diminished water supply availability including droughts; to take such actions as may be necessary to achieve compliance by wholesale and retail customers with requirements for demand management; and
(2)
To maintain fiscal integrity and adequate capacity by establishing and maintaining such revenue stabilization funds, operating reserves, debt service reserves, and infrastructure replacement and capital improvement program funds as are necessary; and to institute by December 31, 2013, billing at least as frequently as quarterly.
History of Section.
P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.8 - Water Use and Efficiency Act › Section 46-15.8-5. - Duties of state agencies.

§ 46-15.8-5. Duties of state agencies.
In order to accomplish the purposes of this chapter:
(1)
The water resources board shall establish and maintain no later than July 31, 2010, targets for non-agricultural demand management and water use, and for non-billed water which shall include the goal of reducing leakage to no more than ten percent (10%) of water supplies in public water supplies subject to the provisions of § 46-15.3-5.1;
(2)
The statewide planning program shall incorporate, by July 1, 2011, such amendments as may be necessary into state guide plan elements to require:
(i)
The use of water availability estimates developed by the water resources board and the department of environmental management and other relevant information sources in local comprehensive plan elements and the review of major land development and subdivision reviews;
(ii)
The incorporation of the executive summaries of the water supply system management plans, as appropriate, into the services and facilities element and the land use element of local comprehensive plans;
(3)
The public utilities commission shall assure, in accordance with provisions of chapter 15.1 of title 39, that the rates of water suppliers subject to its jurisdiction are adequate to implement capital improvement plans, water supply system management plans, and demand management plans and to cover system costs when revenues decline as a result of decreased demand.
(4)
State agencies need to become advocates for positive solutions by removing overlapping and burdensome planning and regulatory requirements.
History of Section.
P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-1.1. - Reaffirmation of support.

§ 46-16-1.1. Reaffirmation of support.
This state reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality, and the quality requirements of water based recreation and other uses, the New England interstate water pollution control commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this state first enacted the compact, as may be appropriate.
History of Section.
P.L. 1970, ch. 47, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-1.2. - Personnel authorizations.

§ 46-16-1.2. Personnel authorizations.
In addition to the minimal personnel authorizations contained in article IV of the New England Interstate Water Pollution Control Compact, the commission may employ such engineering, technical, and other professional, secretarial, and clerical personnel as the proper administration and functioning of the commission may require.
History of Section.
P.L. 1970, ch. 47, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-1.3. - Concurrence in additional powers.

§ 46-16-1.3. Concurrence in additional powers.
(a)
This state hereby concurs in the conferring of any powers or duties on the New England interstate water pollution control commission by other states, in addition to those conferred by provisions of the New England Interstate Water Pollution Control Compact. This concurrence is pursuant to article II of that compact.
(b)
The concurrence is subject to the following limitations:
(1)
Unless this state specifically confers a power or duty on the commission, other than one conferred by the compact itself, no financial or other burden or duties shall be placed upon this state, or any agency, officer, or subdivision thereof by reason of the conferring or exercise of the power or duty. At any time the governor shall have the power to make inquiry of the commission and to examine its books and records in order to ascertain the state of compliance with this chapter.
(2)
The rights, privileges, and responsibilities of this state with respect to the New England Interstate Water Pollution Control Compact and the commission established thereby, shall not be limited or impaired.
(3)
The commission shall include in its annual report to the governor and the legislature of this state a full account of any additional powers or duties administered by it.
History of Section.
P.L. 1970, ch. 47, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-2. - Appointment of commissioners — Expenses — Powers and duties.

§ 46-16-2. Appointment of commissioners — Expenses — Powers and duties.
The governor shall appoint five (5) commissioners to the New England interstate water pollution control commission, who shall serve at the pleasure of the governor, one of whom shall represent the department of health and one of whom shall represent the department of environmental management. The commissioners shall serve without compensation, but shall be paid their actual expenses incurred and incident to the performance of their duties. The commissioners shall have the powers and duties and be subject to the limitations set forth in § 46-16-1.
History of Section.
P.L. 1947, ch. 1901, § 1; G.L. 1956, § 46-16-2; P.L. 1977, ch. 182, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-3. - Development of training standards.

§ 46-16-3. Development of training standards.
The New England interstate water pollution control commission, hereinafter called
“the commission”
, may develop standards for the training, educational, and experience requirements for operating personnel necessary to the proper operation of sewage and other waste treatment plants.
History of Section.
P.L. 1970, ch. 26, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-4. - Issuance of certificates to employees of treatment plants.

§ 46-16-4. Issuance of certificates to employees of treatment plants.
(a)
The commission may administer programs of training and certification for personnel, and may make classifications thereof. Any certificate issued by the commission shall be accepted by this state and all agencies and subdivisions thereof as conclusive evidence that the holder has the training, education, and experience necessary for certification for the class of position or responsibility described therein. The director of the department of environmental management may impose and administer any other requirements for certification within any applicable provisions of law, but it shall not reexamine or reinvestigate the applicant for a certificate with respect to his or her training, education, or experience qualifications.
(b)
The commission shall keep a record of all certificates issued by it, and in response to any inquiry concerning such a certificate, the commission shall inform the inquirer concerning its issuance and validity. The commission shall annul any certificate issued by it, if the commission finds that the certificate was obtained by misrepresentation of any material fact relating to the education, training, or experience of the applicant. The annulment shall be pursuant to rules and regulations of the commission which shall afford due notice to the certificate holder and an opportunity to present relevant evidence for consideration by the commission.
History of Section.
P.L. 1970, ch. 26, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-5. - Revision of standards.

§ 46-16-5. Revision of standards.
Nothing contained in this chapter shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the director of the department of environmental management may require an applicant for a certificate to present a certificate or certificates which evidence training, education, and experience meeting the current standards of the commission.
History of Section.
P.L. 1970, ch. 26, § 1.