reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-4.1. - Uniform oil response and prevention fee.

§ 46-12.7-4.1. Uniform oil response and prevention fee.
(a)
A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time the petroleum products are received at a marine terminal within this state by means of a vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation on the 30th day of each month based upon the number of barrels of petroleum products received during the preceding month.
(b)
Every owner of petroleum products shall be liable for the fee until it has been paid to the state, except that payment to a marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or derivatives.
(c)
Whenever the director, in consultation with the department and the division of taxation, estimates that the amount in the fund will reach the amount specified in subsection (e) of this section, and the money in the fund is not required for the purposes specified in § 46-12.7-5.1, the director shall instruct the division of taxation to cease collecting the fee.
(d)
The director shall set the amount of the oil spill prevention and response fees. The administrator, except for the fee set out in subsection (b), shall not set the amount of the fee at less than five cents ($0.05) for each barrel of petroleum products or crude oil, unless the director finds that the assessment of a lesser fee will cause the fund to reach the designated amount within six (6) months.
(e)
For the purposes of this chapter,
“designated amount”
means an amount equal to ten million dollars ($10,000,000), adjusted for inflation after January 1, 1998, according to an index which the director may reasonably choose.
(f)
All fees collected pursuant to this section shall be deposited in the oil spill prevention, administration, and response fund, and shall be disbursed according to the purposes expressed in § 46-12.7-5.1.
(g)
Notwithstanding the provisions of subsection (f) of this section, each July 1st, two hundred and fifty thousand dollars ($250,000) of the fees collected under this section shall be deposited into the coastal and estuarine habitat restoration trust fund (the “trust”).
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2000, ch. 348, § 1; P.L. 2002, ch. 62, § 2; P.L. 2004, ch. 595, art. 44, § 2; P.L. 2007, ch. 340, § 43.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-5.1. - Purposes of the fund.

§ 46-12.7-5.1. Purposes of the fund.
The director may use money from the fund to:
(1)
Provide funds to cover promptly the costs of response, containment, and cleanup of oil spills into marine or estuarine waters, including, but not limited to, damage assessment costs, and wildlife rehabilitation as defined in this section.
(2)
Provide funds to cover the costs of site evaluation activities. These activities shall include, but not be limited to, site mapping, installation of wells, collection, monitoring, and analysis of samples of air, soil, and/or water, and evaluation of the impacts of contamination on maritime and terrestrial shore line environments, production of the reports, and installation and the maintenance of necessary technology, and equipment for complete remedial action;
(3)
Provide emergency loans and to cover response and cleanup costs and other damages suffered by the state or other persons or entities from oil spills or threatened oil spills;
(4)
To pay for claims for damages, which cannot otherwise be compensated by responsible parties or the federal government, pursuant to § 46-12.7-8.1;
(5)
Provide emergency loans to affected workers ineligible for unemployment insurance;
(6)
Pay for structural improvements to vulnerable coastal features, including the Providence River Shipping Canal, in order to reduce the risk of oil tanker collisions, grounding, and spills;
(7)
Pay for the restoration of natural resources damaged by an oil spill, where necessary and appropriate;
(8)
Pay for response training and equipment;
(9)
Pay for large-scale personnel drills and exercises;
(10)
Pay for research, development, and monitoring activities as outlined in § 46-12.7-13; and
(11)
Pay for the expenditures related to the Rhode Island coastal and estuarine habitat restoration trust fund pursuant to chapter 23.1 of this title, subject to appropriation.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2; P.L. 2002, ch. 65, art. 12, § 1; P.L. 2004, ch. 595, art. 4, § 1; P.L. 2006, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-6.1. - Administration and records of the fund.

§ 46-12.7-6.1. Administration and records of the fund.
(a)
The director shall administer the fund in accordance with this chapter.
(b)
The department shall develop procedures governing the expenditure of, and accounting for, money expended from the fund.
(c)
The director is responsible for insuring that there are adequate moneys available in the fund to carry out the purposes of this chapter.
(d)
The department shall maintain accounting records showing the income and expenses of the fund.
History of Section.
P.L. 1996, ch. 289, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-7. - Report to the legislature.

§ 46-12.7-7. Report to the legislature.
(a)
The director shall submit a report to the legislature not later than the tenth (10th) day following the convening of each regular session of the legislature. The report may include information considered significant by the director but must include:
(1)
The amount of money expended under § 46-12.7-5 during the preceding fiscal year;
(2)
The amount and source of money received and money recovered during the preceding fiscal year;
(3)
A summary of municipal participation in responses funded by the fund;
(4)
A detailed summary of department activities in responses funded by the fund during the preceding fiscal year, including response and descriptions and statements outlining the nature of the threat; and
(5)
The projected cost for the next fiscal year of monitoring, operating, and maintaining sites where response has been completed or is expected to be continued during the fiscal year.
(b)
As part of the department’s on going identification efforts associated with oil spill sites, the director shall include in the report under this section:
(1)
A summary of the sites identified by the department;
(2)
The immediate and long term threats to the public health or welfare or to the environment posed by these sites; and
(3)
The appropriate actions needed to abate these threats, and their estimated cost.
History of Section.
P.L. 1990, ch. 324, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-8.1. - Expenditure of fund money.

§ 46-12.7-8.1. Expenditure of fund money.
(a)
The director may only expend money from the fund for post-spill activities when a discharge of oil has occurred, or the threat of a discharge has led the state to take appropriate response, or for pre-spill activities and research, development, and monitoring activities if the following determinations have been made:
(1)
A responsible party does not exist or the responsible party is unable or unwilling to provide adequate and timely cleanup or to pay for the damages resulting from the spill. The director shall make a reasonable effort to have the responsible party remove the oil or agree to pay for any actions resulting from the spill that may be required by law.
(2)
Federal oil spill funds are not available or will not be available in an adequate period of time. Notwithstanding this paragraph, the director may expend money from the fund for authorized expenditures when a reimbursement procedure is in place to receive reimbursements from federal oil spill funds.
(b)
Disbursements may be made from the fund for the following purposes:
(1)
Administrative expenses, personnel expenses and equipment costs of the department related to the enforcement of this chapter;
(2)
All costs, including without limitation personnel undertaking oil spill response activities and equipment expenses, involved in the removal of oil, the abatement of pollution and the implementation of remedial measures including restoration of water supplies, related to the release of oil, petroleum products, and their by-products;
(3)
Payment of all damage claims awarded in accordance with this section;
(4)
Payment of costs of arbitration and arbitrators in accordance with this section;
(5)
Payment of costs of insurance by the state to extend or implement the benefits of the fund; and
(6)
Payment of costs for the collection of overdue reimbursements.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2; P.L. 2006, ch. 555, § 1; P.L. 2007, ch. 340, § 43.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-9. - Regulations.

§ 46-12.7-9. Regulations.
The director may adopt all rules and regulations necessary for the administration and enforcement of this chapter.
History of Section.
P.L. 1990, ch. 324, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-10. - Claims against the fund.

§ 46-12.7-10. Claims against the fund.
(a)
Any person may apply to the fund for compensation for damages and losses suffered as a result of an oil spill under any of the following conditions:
(1)
The responsible party or parties cannot be ascertained.
(2)
A responsible party is not liable for non-economic damages caused by another.
(3)
Federal oil spill funds are not available or will not be available in an adequate period of time. Notwithstanding this paragraph, the director may expend money from the fund for authorized expenditures when a reimbursement procedure is in place to receive reimbursements from federal oil spill funds.
(b)
No claim of a person against the fund may be approved or paid during the pendency of an action by the person in court to recover costs, which are the subject of the claim.
(c)
Awards from the fund on damage claims may not include any amount the claimant has recovered, on account of the same damage, by way of settlement with the responsible party or the responsible party’s representatives or federal oil spill funds or judgment of a court of competent jurisdiction against the responsible party to the extent these amounts are duplicative.
(d)
The director shall pay only those claims which are approved pursuant to this section.
(e)
A responsible party is not eligible for compensation under this subsection for costs, expenses, or damages related to the specific discharge for which the responsible party is determined responsible.
(f)
Damage claims may not include expenditures for the preparation and prosecution of the damage claim, such as legal fees or real estate appraisal fees.
(g)
No claims may be submitted for the recovery of damages under this chapter unless the claim is presented within three (3) years after the date on which the injury and its connection with the oil spill in question were reasonably discoverable with the exercise of due care.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-11. - Emergency loans.

§ 46-12.7-11. Emergency loans.
In the event of an oil spill where more than ten thousand (10,000) gallons of oil have been discharged in the waters of the state, in any one day from a single event, the director, after a properly noticed public hearing, may make an emergency secured loan to any private individual or entity who demonstrated that the individual or entity may suffer substantial financial hardship as a result of the oil spill without such loans. However, loans under this section may be made only if the director determines that sufficient amounts are available in the fund to cover costs incurred by state and local governments and entities in responding to and cleaning up the spill. The director shall adopt any regulations and guidelines determined to be necessary regarding repayment terms, interest, security, and any other items the administrator deems appropriate.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-12. - Recovery of expenditures from fund.

§ 46-12.7-12. Recovery of expenditures from fund.
The attorney general, in consultation with the director, shall undertake actions to recover all costs to the funds from any responsible party for an oil spill into marine or estuarine waters for which expenditures are made from the fund. Payment of any claim or obligation from the fund shall be subject to the government of Rhode Island acquiring by subrogation all rights of the claimant to recover from the responsible party or the federal Oil Pollution Liability Trust Fund. The recovery of costs pursuant to this section shall not foreclose the attorney general from any other actions allowed by law.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-13. - Preventative uses of the fund.

§ 46-12.7-13. Preventative uses of the fund.
(a)
Recognizing the importance of the development of readiness and response programs, the legislature may allocate not more than two hundred fifty thousand dollars ($250,000) per annum of the amount then currently in the fund to be devoted to research and development in the causes, effects and removal of pollution caused by oil, petroleum products and their by-products on the marine environment and the monitoring of baseline environmental and economic conditions.
(b)
The two hundred fifty thousand dollars ($250,000) per annum allocated for research, development, and monitoring shall be allocated to the Department of Environmental Management and expended consistent with the purposes of § 46-23.2-3 entitled “The Comprehensive Watershed and Marine Monitoring Act of 2004.”
(c)
The remaining moneys in the fund which the legislature may allocate to research, development, and monitoring shall be used for purposes approved by the director. Such purpose may include, but shall not be limited to:
(1)
Sensitive area data management and mapping;
(2)
Scientific research and monitoring which is directly relevant to state legislation; and
(3)
Development of more effective removal and containment technologies, appropriate for the cleanup and containment of refined fuel oils.
History of Section.
P.L. 1996, ch. 289, § 4; P.L. 2006, ch. 555, § 1; P.L. 2015, ch. 141, art. 16, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-14. - Board of arbitration.

§ 46-12.7-14. Board of arbitration.
(a)
The director shall establish a disputed claims processing capability within the department to hear and determine claims filed under this chapter that are not agreed upon by the claimant and the director and any responsible party who has joined as an interested party.
(b)
An independent hearing examiner appointed by the commissioner shall hear and determine any disputed damage claims. The hearing examiner shall be an individual with appropriate qualifications. The parties to the hearing are the director and the claimant.
(c)
To the extent practical, all claims arising from or related to a common oil spill must be heard and determined by the same hearing examiner.
(d)
Hearings before the hearing examiner are informal and the rules of evidence applicable to judicial proceedings are not binding. The hearing examiner may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, recourse, and other evidence relative or pertinent to the issues presented to the hearing examiner for determination.
(e)
Determinations made by the hearing examiner are final and those determinations may be subject to review by a justice of the superior court, but only as to matters related to abuse of discretion by the hearing examiner. The party seeking review of a hearing examiner’s determination must file an appeal in the superior court within thirty (30) days of the determination. Determinations made by the hearing examiner must be accorded a presumption of regularity and validity in a subsequent reimbursement action, but this presumption may be rebutted by responsible parties.
(f)
The director shall certify the amount of the damage award, if any, after determination by the hearing examiner and shall certify the name of the claimant to the treasurer of the state.
History of Section.
P.L. 1996, ch. 289, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-1. - Legislative findings.

§ 46-12.8-1. Legislative findings.
(a)
It is hereby found that there exists and will in the future exist within the state of Rhode Island the need to construct and reconstruct facilities related to and acquire watershed protection land in connection with the provision of safe drinking water throughout the state of Rhode Island.
(b)
It is hereby further found that to provide financial assistance for the acquisition, design, planning, construction, enlargement, repair, protection or improvement of public drinking water supplies or treatment facilities, including any of those actions required under the federal Safe Drinking Water Act of 1974, 42 U.S.C., §§ 300f — 300j-9, including the Safe Drinking Water Act (SDWA) amendments of 1996 (Pub. L. No. 104-182) and any amendments thereto, it is necessary to establish a revolving loan fund program to provide a perpetual source of low cost financing for safe drinking water projects.
(c)
It is hereby further found that to secure maximum benefit to the state from a safe drinking water revolving loan fund, it is necessary to place such fund within the jurisdiction and control of the Rhode Island infrastructure bank, which agency presently runs the state’s revolving fund with respect to the state’s wastewater pollution abatement program, which agency shall exclusively administer the financing portion of the safe drinking water revolving loan fund, but which shall nevertheless work, as necessary, with the department of environmental management, the water resources board, the Rhode Island department of health, the division of public utilities and carriers and any other agency or instrumentality of the state or federal government with responsibility for the development or supervision of water supply facilities within the state.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 1998, ch. 328, § 1; P.L. 2007, ch. 340, § 44; P.L. 2015, ch. 141, art. 14, § 19.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-2. - Definitions.

§ 46-12.8-2. Definitions.
(a)
“Agency”
means the Rhode Island infrastructure bank.
(b)
“Approved project”
means any project or portion thereof of a governmental unit or privately organized water supplier that has been issued a certificate of approval by the department for assistance through the agency; and, notwithstanding the foregoing, shall include safe drinking water projects funded outside of the drinking water state revolving fund without the requirement of the issuance of a certificate of approval.
(c)
“Department”
means the department of health.
(d)
“Local governmental obligations”
means bonds, notes or other evidences of indebtedness in fully marketable form issued by a governmental unit to evidence a loan from the agency in accordance with this chapter or otherwise as provided herein.
(e)
“Local governmental unit”
means any town, city, district, commission, agency, authority, board of other political subdivision or instrumentality of the state or of any political subdivision thereof responsible for the ownership or operation of water supply facilities within the state.
(f)
“Obligations of private water companies”
means bonds, notes or other evidences of indebtedness, of private water companies, in fully marketable form.
(g)
“Privately organized water supplier”
means any water company not owned or operated by a local governmental unit, existing under the laws of the state, and in the business of operating a safe drinking water facility.
(h)
“Water supply facility or facilities”
means water reservoirs, wells and well sites, transmission or distribution system, any and all real estate or interests in real estate held in connection therewith, all equipment and improvements held in connection therewith, and any property or interests therein, real, personal or mixed, used or held on to be used in connection therewith.
(i)
“Financial assistance”
means any form of financial assistance other than grants provided by the agency to a local governmental unit or private water company in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, grants, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance; provided, however, notwithstanding the foregoing, for purposes of capitalization grant awards made available to the agency pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), or as otherwise required in connection with other capitalization grant awards made available to the agency, financial assistance shall also include principal forgiveness and negative interest loans.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2009, ch. 5, art. 3, § 2; P.L. 2010, ch. 179, § 2; P.L. 2015, ch. 141, art. 14, § 19.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-6. - Authorization to expend funds available for local grants.

§ 46-12.8-6. Authorization to expend funds available for local grants.
In addition to the financial assistance provided by the agency to local governmental units and private water companies for approved projects in accordance with this chapter, the department is hereby authorized to expend funds otherwise available for grants to local governmental units and private water companies to the extent permitted by federal and state law. The department is authorized and directed to expend funds from its portion of federal capitalization grants to conduct baseline testing of the drinking-water-supply systems of each local governmental unit responsible for the ownership or operation of water supply facilities within the state, or privately organized water suppliers, that provide drinking water to more than one municipality, for compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies. The department is further authorized and directed to expend funds from its portion of federal capitalization grants to conduct testing of water supplies at all public schools serving students from pre-K to grade 12 and state-licensed daycare facilities in the state of Rhode Island for compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies. The department shall report its findings to the speaker of the house and senate president by April 30, 2017, which report shall include a plan for ensuring compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2016, ch. 439, § 1; P.L. 2016, ch. 440, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-9. - Power of local governmental units to issue limited obligations payable from drinking water system revenues.

§ 46-12.8-9. Power of local governmental units to issue limited obligations payable from drinking water system revenues.
(a)
If required by the applicable loan agreement, and notwithstanding any general or special law, municipal charter, ordinance or local law to the contrary, local governmental obligations may be authorized and issued as limited obligations payable solely from drinking water system revenues pledged to their payment in accordance with § 46-12.8-10. Notwithstanding § 45-12-2 or any general or special law, municipal charter, ordinance or local law to the contrary, all local governmental units shall have the power to authorize and issue local governmental obligations payable solely from drinking water system revenues pursuant to this section without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the state. Limited obligations shall be authorized by the affirmative vote of the legislative body of the local governmental unit, notwithstanding the provisions of any general or special law, municipal charter, ordinance or local law requiring further approval of general obligations of the local governmental unit and this chapter shall constitute the bond act for the authorization and issuance of the local governmental obligations payable solely from drinking water system revenues by local governmental units. Any local governmental obligations issued in accordance with this section that are payable solely from drinking water system revenues shall recite on their face that they are limited obligations payable solely from drinking water system revenues pledged to their payment and that they are not secured by a pledge of the full faith and credit of the local governmental unit.
(b)
The authorization, issuance and sale of local governmental obligations in accordance with this section, the maturity or maturities and other terms of the obligations, the security for the obligations, the rights of the holders of the obligations, and the rights, duties, and obligations of the local governmental unit in respect of the same, and the form details and manner of sale of the obligations shall be governed by the provisions of this chapter relating to local governmental obligations generally to the extent applicable and not inconsistent with this section.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2001, ch. 359, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-12. - Refunding bonds.

§ 46-12.8-12. Refunding bonds.
The agency may issue refunding bonds for the purpose of paying any of its bonds issued pursuant to this chapter at or prior to maturity or upon acceleration or redemption or purchase and retirement. Refunding bonds may be issued at such times at or prior to the maturity, redemption, or purchase and retirement of the refunded bonds as the board of directors deems to be in the interest of the agency. Refunding bonds may be issued in sufficient amounts to pay or provide for payment of the principal of the bonds being refunded, together with any redemption premium thereon, any interest or discount accrued or to accrue to the date of payment of the bonds, the costs of issuance of the refunding bonds, the expenses of paying, redeeming, or purchasing the bonds being refunded, the costs of holding and investing proceeds of refunding bonds pending payment, redemption, or purchase and reserves for debt service or other expenses from the proceeds of refunding bonds as may be required by a trust agreement securing the bonds. Pending application, the proceeds of the refunding bonds may be placed in escrow. The issue and sale of refunding bonds, the maturities, and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the agency in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds other than refunding bonds insofar as this chapter may be applicable.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-13. - Bonds eligible for investment.

§ 46-12.8-13. Bonds eligible for investment.
Bonds issued by the agency under this chapter and local governmental obligations issued hereunder are hereby made securities in which all public officers and agencies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly invest funds, including capital in their control or belonging to them. The bonds and local governmental obligations are hereby made securities which may properly be deposited with and received by any state or municipal officer of any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2007, ch. 340, § 44.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-14. - No additional consent required.

§ 46-12.8-14. No additional consent required.
Except as provided in this section, bonds of the agency, local governmental obligations and obligations of private water companies may be issued under this chapter without obtaining the consent of any executive office, department, division, commission, board, bureau, or agency of the state or any political subdivision thereof, and without any other proceedings or the happening of any condition, or acts other than those proceedings, conditions, or acts which are specifically required therefor hereunder or under any applicable bond act, and the validity of and security for any bonds issued by the agency pursuant to this chapter, and any local governmental obligations issued in accordance herewith, shall not be affected by the existence or nonexistence of any consent or other proceedings, conditions, or acts. Nothing in this chapter shall exempt the agency from the provisions of chapter 10.1 of title 42.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-15. - Bonds not obligations of the state.

§ 46-12.8-15. Bonds not obligations of the state.
Bonds issued by the agency under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any of its political subdivisions, but shall be payable solely from the revenues, funds, assets, and other property of the agency from which they are made payable pursuant to this chapter. Bonds issued by the agency under the provisions of this chapter shall recite that neither the state nor any political subdivision thereof shall be obligated to pay the bonds, and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds. Further, every bond shall recite whether it is a general obligation of the agency, or a special obligation thereof payable solely from particular revenues, funds, assets, or other property pledged to its payment.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-16. - Lien status recording.

§ 46-12.8-16. Lien status recording.
(a)
Notwithstanding any provision of any other law, including the Uniform Commercial Code:
(1)
Any pledge or assignment of revenues of any kind, funds, loan agreements, local governmental obligations, obligations of private water companies, property, or assets made pursuant to the provisions of this chapter by the agency, any local governmental unit, or any privately organized water supplier hereunder, shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice thereof, and shall be deemed continuously perfected from the time it is made;
(2)
No filing of any kind with respect to a pledge or assignment need be made under the Uniform Commercial Code, or otherwise;
(3)
Unless otherwise provided in the loan agreement, a pledge of revenues of any kind shall be deemed to include a pledge of any accounts or general intangibles from which the pledged revenues are derived, whether existing at the time of the pledge or thereafter coming into existence, and whether held at the time of the pledge or thereafter acquired by the agency, local governmental unit or privately organized water supplier, and the proceeds of the accounts or general intangibles; and
(4)
The pledge of revenues of any kind, accounts, and general intangibles shall be subject to the lien of the pledge without delivery or segregation, and the lien of the pledge shall be valid and binding against all parties having claims of contract or tort or otherwise against the agency or local governmental unit.
(b)
A pledge of revenues of any kind under this chapter shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation, and the revenues may be applied as required by the pledge without further appropriation.
(c)
For the purposes of this section the word
“pledge”
shall be construed to include the grant of a security interest under the Uniform Commercial Code.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-17. - Bonds and local government obligations as investment securities.

§ 46-12.8-17. Bonds and local government obligations as investment securities.
Notwithstanding any of the provisions of this chapter or any recitals in any bonds or local governmental obligations issued hereunder, all bonds and local governmental obligations shall be deemed to be investment securities under the Uniform Commercial Code.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-18. - Proceeds received by agency as trust funds.

§ 46-12.8-18. Proceeds received by agency as trust funds.
All money received by the agency pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-19. - Tax exemption.

§ 46-12.8-19. Tax exemption.
Bonds issued by the agency and local governmental obligations issued by any local governmental unit in accordance with this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation by and within the state. The agency shall not be required to pay any taxes, assessments, or excises upon its income, existence, operation, or property.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-20. - Duration of agency — Termination.

§ 46-12.8-20. Duration of agency — Termination.
The agency and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the agency shall have the bonds outstanding in accordance with this chapter, unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the agency, the title to all funds and other properties owned by it, which remain after provision for payment or satisfaction of all bonds of the agency, shall vest in the state. The obligations, debts, and liabilities of the agency shall be assumed by and imposed upon the state, and shall be transferred to the general treasurer or to such other successor as the general assembly may designate.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-21. - Record keeping financial statements.

§ 46-12.8-21. Record keeping financial statements.
The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities with respect to the agency’s administration of the safe drinking water revolving loan fund which shall be open to inspection by any officer or duly appointed agent of the state. The agency shall submit an annual report, in writing, to the governor, speaker of the house of representatives, and the president of the senate. The report shall include financial statements relating to the operations, properties, and expenditures of the agency with respect to the agency’s administration of the safe drinking water revolving loan fund maintained in accordance with generally accepted accounting principles, so far as applicable, and audited by an independent certified public accounting firm.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2001, ch. 180, § 149.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-22. - Supplemental powers — Inconsistent laws.

§ 46-12.8-22. Supplemental powers — Inconsistent laws.
The provisions of this chapter shall be deemed to provide an additional, alternative, and complete method for accomplishing the purposes of this chapter, and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the agency, the department, local governmental units and private water companies by other laws; provided, however, that insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, municipal charter, administrative order or regulation, the provisions of this chapter shall be controlling. Any amounts appropriated by this chapter to the agency or the department shall be in addition to any other amounts appropriated to the agency or the department by any other law.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-23. - Compliance with federal law.

§ 46-12.8-23. Compliance with federal law.
Notwithstanding anything to the contrary herein, the provisions of this chapter are limited to the extent required by applicable federal law, as in effect from time to time.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.8 - Water Projects Revolving Loan Fund › Section 46-12.8-24. - Severability — Liberal construction.

§ 46-12.8-24. Severability — Liberal construction.
The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements. This chapter shall be construed liberally in aid of its purpose and legislative findings.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-1. - Short title.

§ 46-12.9-1. Short title.
This chapter shall be known as the “Rhode Island Underground Storage Tank Financial Responsibility Act”.
History of Section.
P.L. 1994, ch. 144, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-2. - Legislative findings.

§ 46-12.9-2. Legislative findings.
The general assembly finds: (1) That a state administered underground storage tank (UST) clean-up fund is needed to provide an effective mechanism for USTs owners to comply with financial responsibility requirements and to insure that the environmental and public health impacts of UST leaks are addressed in an effective and timely manner.
(2)
Certain tank owners must be able to demonstrate one million dollars ($1,000,000) of liability coverage to satisfy the United States Environmental Protection Agency (EPA) (40 CFR Part 280.90 et seq., as published in the Federal Register dated October 26, 1988 and by Final Rule dated February 18, 1993). Specifically the EPA requirement is that certain tank owners must demonstrate financial responsibility of up to one million dollars ($1,000,000) per incident and up to two million dollars ($2,000,000) in the aggregate for damages. Failure by the state to create a state-sponsored fund will result in enforcement action by the EPA which can include both financial penalties against tank owners and closure of tanks, if the owner fails to demonstrate financial responsibility.
(3)
The Rhode Island economic development corporation recently concluded that failure by the state of Rhode Island to enact a state fund will adversely impact the state’s economy by eighteen million dollars ($18,000,000) annually.
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 2001, ch. 328, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-4. - Petroleum cleanup fund.

§ 46-12.9-4. Petroleum cleanup fund.
(a)
There is hereby established the Rhode Island underground storage tank financial responsibility fund.
(b)
The fund shall consist of any funds that the state may, from time to time, appropriate, as well as money received as gifts, grants, bequests, donations, or other funds from any public or private sources as established herein that are intended to serve the purposes of the Rhode Island underground storage tank financial responsibility fund and all funds collected pursuant to § 46-12.9-11.
(c)
All funds collected pursuant to this section shall be deposited in the underground storage tank fees fund, and shall be disbursed according to the purposes expressed in § 46-12.9-5.
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-7. - Rules and regulations.

§ 46-12.9-7. Rules and regulations.
The department is hereby authorized to promulgate, implement, and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the following:
(1)
A means of notifying all eligible parties of the existence and functioning of the fund;
(2)
The record keeping required of eligible parties for submission to, and reimbursement from, the fund;
(3)
A set criteria that establishes the eligibility for reimbursement of specific costs, expenses, and other obligations;
(4)
A method of providing periodic reimbursement for eligible costs incurred by an eligible party after July 8, 1994. Such reimbursement shall be processed in the order that the claims were filed, subject to funds availability, except in the case where the director finds that funds must be expended out of order in order to abate an environmental emergency;
(5)
A requirement that the department render its decisions to an eligible party upon the receipt of a complete claim for reimbursement within ninety (90) days following its receipt of completed claim;
(6)
Establishing procedures for verifying claims presented under this chapter;
(7)
Establishing procedures for approving, modifying, or denying claims;
(8)
The eligibility of claims shall be determined by the department; provided, however, that no claims shall be considered for costs incurred prior to January 1, 1994, by responsible parties who are owners or operators of no more than one location containing underground storage tanks and July 8, 1994, by all other responsible parties;
(9)
Empowering the department to recognize and arrange for performance-based and other contracts with the responsible party and/or contractor for the remediation of a release; and
(10)
Empowering the department to arrange for the establishment of alternate means of financial responsibility.
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 245, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act › Section 46-12.9-8. - [Repealed.]

§ 46-12.9-8. [Repealed.]
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 2001, ch. 180, § 150; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2005, ch. 239, § 1; P.L. 2005, ch. 317, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2008, ch. 371, § 6; P.L. 2009, ch. 5, art. 9, § 10; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; repealed by P.L. 2023, ch. 79, art. 3, § 12, effective June 16, 2023.