Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0599 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC UTILITIES COMMISSION
1616 Introduced By: Senators Sosnowski, Murray, and Britto
1717 Date Introduced: March 06, 2025
1818 Referred To: Senate Commerce
1919 (Division of Public Utilities & Carriers)
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 39-1-26 of the General Laws in Chapter 39-1 entitled "Public Utilities 1
2323 Commission" is hereby amended to read as follows: 2
2424 39-1-26. Public utilities reserve fund created — Appropriations — Recovery of 3
2525 expenses from utility companies. 4
2626 (a) There is hereby created a fund to be known as the public utilities reserve account, an 5
2727 account within the public utilities commission in the general fund. Such account, hereinafter 6
2828 referred to as the “fund,” shall be used for the purpose of providing the financial means for the 7
2929 commission and division to purchase materials, and to employ on a contract or other basis, legal 8
3030 counsel, official stenographers, engineers, accountants, economists, and other expert witnesses, and 9
3131 for other necessary expenses of the commission and division in investigations and hearings related 10
3232 to applications and filings made by public utilities, or commission- or division-initiated 11
3333 investigations into utility operating practices, or related appeals to state or federal courts or in 12
3434 relevant regulatory matters before federal agencies. The general assembly shall annually 13
3535 appropriate to the fund a sum equal to twenty-five one thousandths of one percent (.00025%) of 14
3636 the gross, annual operating revenues of gas, electric, and telephone companies attributable to their 15
3737 conduct of intrastate operations in this state during the year next preceding; provided, however, that 16
3838 if at June 30, in any year the balance in the fund shall be in excess of one hundred thousand dollars 17
3939 ($100,000), the amount of the excess shall forthwith be transferred to the general fund of the state. 18
4040 Prebilled revenue shall be excluded from an excess balance to be transferred to the general fund. 19
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4444 The state controller is authorized and directed to draw his or her orders upon the general treasurer 1
4545 for the payment from the fund of such sums as may be required from time to time upon receipt by 2
4646 him or her of proper vouchers approved by the administrator. 3
4747 (b) The public utility making an application or filing to the commission or division, or 4
4848 subject to a commission- or division-initiated investigation, or any public utility distributing 5
4949 electricity or gas whose retail rates would be affected by a proceeding before an agency of the 6
5050 federal government or a federal court, shall be charged with and shall pay a portion of the expenses 7
5151 reasonably so incurred by the commission and by the division for the purchase of materials and for 8
5252 the employment of legal counsel, official stenographers, engineers, accountants, and expert 9
5353 witnesses, and for travel and other necessary expenses as are reasonably attributable to the 10
5454 investigation or the hearing of the proposal by the commission and the division, or to the 11
5555 administrator’s representation of the state before federal or state courts or an agency of the federal 12
5656 government. The administrator or the commission chairperson, as appropriate, shall ascertain the 13
5757 expenses and shall determine the amount to be paid by the public utility company or companies, 14
5858 and bills shall be rendered therefor either at the conclusion of the investigation or hearing, or from 15
5959 time to time during its progress, and the amount of each bill so rendered shall be paid by the public 16
6060 utility to the administrator or the commission, as appropriate, within thirty (30) days from the date 17
6161 of its rendition unless, within the thirty-day (30) time period, the public utility so billed shall request 18
6262 an opportunity to be heard by the commission as to the amount thereof. The commission shall 19
6363 comply with any such request. Any amount of the bill not paid within thirty (30) days from the date 20
6464 of service of the determination upon the hearing, or, if none shall be requested, within thirty (30) 21
6565 days from the date of rendition of the bill, shall draw interest at the rate of twelve percent (12%) 22
6666 per annum. At the discretion of the administrator, or the commission chairperson, as appropriate, 23
6767 utility companies may be prebilled for contractual services utilized by the commission or division. 24
6868 Any revenue received from public utilities not expended upon the completion of the case will be 25
6969 promptly reimbursed to the utility company. The total amount that may be charged to any public 26
7070 utility under authority of this section for proceedings before the commission or division or in related 27
7171 appeals before state or federal courts in any calendar year shall not exceed seven hundred and fifty 28
7272 thousand dollars ($750,000), provided that any indirect one million dollars ($1,000,000). Indirect 29
7373 cost recovery obligations pursuant to § 35-4-27 shall constitute a separate and additional assessment 30
7474 to public utilities to be added to the foregoing expense assessment limit limits; in addition, the total 31
7575 amount that may be charged against any public utility under authority of this section for the 32
7676 administrator’s representation of the state before agencies of the federal government in any calendar 33
7777 year shall not exceed two hundred and fifty thousand dollars ($250,000) five hundred thousand 34
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8181 dollars ($500,000). All moneys collected by the administrator or the commission pursuant to this 1
8282 section shall be paid by him or her monthly to the general treasurer to be added to the public utilities 2
8383 reserve fund. 3
8484 (c) The division of public utilities and carriers shall adopt by regulation, a fee schedule for 4
8585 all telecommunications filings, including initial applications and annual registrations, by 5
8686 telecommunications providers that are not otherwise subject to the provisions of subsection (a) or 6
8787 (b) of this section. The money assessed and paid shall be paid into the general fund and shall not 7
8888 be a part of the public utilities reserve fund. 8
8989 (d) The general assembly shall annually appropriate such sums as it may deem necessary 9
9090 for the salaries of the commissioners and their expenses incurred in the performance of their duties, 10
9191 and for the operations of the commission and the division and payment of such office expenses and 11
9292 assistance as from time to time may be required. The state controller is authorized and directed to 12
9393 draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof, 13
9494 as may be required from time to time upon receipt by him or her of vouchers approved by the 14
9595 administrator or his or her authorized agent. 15
9696 SECTION 2. This act shall take effect upon passage. 16
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103103 EXPLANATION
104104 BY THE LEGISLATIVE COUNCIL
105105 OF
106106 A N A C T
107107 RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC UTILITIES COMMISSION
108108 ***
109109 This act would increase the public utilities reserve fund cap and the cap on expenses 1
110110 relating to the public utilities commission and the division of public utilities and carriers 2
111111 representing the state before federal agencies. 3
112112 This act would take effect upon passage. 4
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