Rhode Island 2025 Regular Session

Rhode Island House Bill H5821 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5821
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7	7	LC001542
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWER S OF
16	16	ADMINISTRATION
17	17	Introduced By: Representatives Handy, Stewart, Potter, Fogarty, and Cortvriend
18	18	Date Introduced: February 28, 2025
19	19	Referred To: House Corporations
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 39-3-24 and 39-3-25 of the General Laws in Chapter 39-3 entitled 1
24	24	"Regulatory Powers of Administration" are hereby amended to read as follows: 2
25	25	39-3-24. Transactions between utilities for which approval required. 3
26	26	(a) With the consent and approval of the division, but not otherwise: 4
27	27	(1) Any two (2) or more public utilities doing business in the same municipality or locality 5
28	28	within this state, or any two (2) or more public utilities whose lines intersect or parallel each other 6
29	29	within this state, or furnish a like service or product within this state, may enter into contracts with 7
30	30	each other that will enable the public utilities to operate their lines or plants in connection with each 8
31	31	other. 9
32	32	(b) With the consent and approval of the commission, but not otherwise: 10
33	33	(2)(1) Any public utility may purchase or lease all or any part of the property, assets, plant, 11
34	34	and business of any other public utility or merge with any other public utility, and in connection 12
35	35	therewith may exercise and enjoy all of the rights, powers, easements, privileges, and franchises 13
36	36	theretofore exercised and enjoyed by any other public utility with respect to the property, assets, 14
37	37	plant, and business so purchased, leased, or merged. 15
38	38	(3)(2) Any public utility may merge with any other public utility or sell or lease all or any 16
39	39	part of its property, assets, plant, and business to any other public utility, provided that the merger 17
40	40	or a sale or lease of all or substantially all of its property, assets, plant, and business shall be 18
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44	44	authorized by a vote of at least two-thirds (⅔) in interest of its stockholders at a meeting duly called 1
45	45	for the purpose. Any stockholder who shall not have voted in favor of the merger, sale, or lease, 2
46	46	either in person or by proxy, shall be entitled to the rights, and the corporation shall be subject to 3
47	47	the duties, obligations, and liabilities set forth in §§ 7-1.2-1201 and 7-1.2-1202 with respect to 4
48	48	dissenting stockholders and to corporations that sell, lease, or exchange their entire assets 5
49	49	respectively. 6
50	50	(4)(3) Any public utility may directly or indirectly purchase the stock of any other public 7
51	51	utility. 8
52	52	39-3-25. Proceedings for approval of transactions between utilities. 9
53	53	(a) The proceedings for obtaining the consent and approval of the division commission for 10
54	54	such authority shall be as follows: There shall be filed with the division commission a petition, 11
55	55	joint or otherwise, as the case may be, signed and verified by the president and secretary of the 12
56	56	respective companies clearly setting forth the object and purposes desired; stating whether or not it 13
57	57	is for the purchase, sale, lease, or making of contracts or for any other purpose in § 39-3-24 14
58	58	provided; and also the terms and conditions of the same. The division commission shall upon the 15
59	59	filing of the petition, if it deem a hearing necessary, fix a time and place for the hearing thereof. If, 16
60	60	after the hearing, or, in case no hearing is required, the division is satisfied that the prayer of the 17
61	61	(b) The petition should may not be granted; that unless the facilities for furnishing service 18
62	62	to the public will not thereby be diminished; and that the purchase, sale, or lease and the terms 19
63	63	thereof are consistent with the public interest, it shall make such order in the premises as it may 20
64	64	deem proper and the circumstances may require. The public interest includes, but is not limited to, 21
65	65	an interest in rates, competitive access to markets and elimination of all anti-competitive influence, 22
66	66	in proper administration and regulation of any utility functions, in environmental protection, in any 23
67	67	interest addressed in the petition, and in any other purpose of Rhode Island law or policy implicated 24
68	68	by the proposed transaction. 25
69	69	(c) The commission shall allow intervention and advocacy of any citizen, business or any 26
70	70	other group seeking to advocate on or for any such element of the public interest. It shall not deny 27
71	71	participation on the premise that private commercial interests cannot also be in the public interest 28
72	72	or that any public interest is otherwise represented by any public agency or any other party. 29
73	73	(d) Any commission order issued under this section is subject to appellate review under § 30
74	74	42-35-15. 31
75	75	SECTION 2. This act shall take effect upon passage. 32
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82	82	EXPLANATION
83	83	BY THE LEGISLATIVE COUNCIL
84	84	OF
85	85	A N A C T
86	86	RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWE RS OF
87	87	ADMINISTRATION
88	88	***
89	89	This act would provide amendments to the procedures necessary for approval of 1
90	90	transactions between utilities by giving the public utilities commission jurisdiction over the 2
91	91	approval process rather than the division, mandating public hearings, allowing intervention by any 3
92	92	interested party and providing for appeal of its decision. 4
93	93	This act would take effect upon passage. 5
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