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5 | 5 | | 2025 -- S 0599 |
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6 | 6 | | ======== |
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7 | 7 | | LC001349 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC UTILITIES COMMISSION |
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16 | 16 | | Introduced By: Senators Sosnowski, Murray, and Britto |
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17 | 17 | | Date Introduced: March 06, 2025 |
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18 | 18 | | Referred To: Senate Commerce |
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19 | 19 | | (Division of Public Utilities & Carriers) |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 39-1-26 of the General Laws in Chapter 39-1 entitled "Public Utilities 1 |
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23 | 23 | | Commission" is hereby amended to read as follows: 2 |
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24 | 24 | | 39-1-26. Public utilities reserve fund created — Appropriations — Recovery of 3 |
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25 | 25 | | expenses from utility companies. 4 |
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26 | 26 | | (a) There is hereby created a fund to be known as the public utilities reserve account, an 5 |
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27 | 27 | | account within the public utilities commission in the general fund. Such account, hereinafter 6 |
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28 | 28 | | referred to as the “fund,” shall be used for the purpose of providing the financial means for the 7 |
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29 | 29 | | commission and division to purchase materials, and to employ on a contract or other basis, legal 8 |
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30 | 30 | | counsel, official stenographers, engineers, accountants, economists, and other expert witnesses, and 9 |
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31 | 31 | | for other necessary expenses of the commission and division in investigations and hearings related 10 |
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32 | 32 | | to applications and filings made by public utilities, or commission- or division-initiated 11 |
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33 | 33 | | investigations into utility operating practices, or related appeals to state or federal courts or in 12 |
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34 | 34 | | relevant regulatory matters before federal agencies. The general assembly shall annually 13 |
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35 | 35 | | appropriate to the fund a sum equal to twenty-five one thousandths of one percent (.00025%) of 14 |
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36 | 36 | | the gross, annual operating revenues of gas, electric, and telephone companies attributable to their 15 |
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37 | 37 | | conduct of intrastate operations in this state during the year next preceding; provided, however, that 16 |
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38 | 38 | | if at June 30, in any year the balance in the fund shall be in excess of one hundred thousand dollars 17 |
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39 | 39 | | ($100,000), the amount of the excess shall forthwith be transferred to the general fund of the state. 18 |
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40 | 40 | | Prebilled revenue shall be excluded from an excess balance to be transferred to the general fund. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001349 - Page 2 of 4 |
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44 | 44 | | The state controller is authorized and directed to draw his or her orders upon the general treasurer 1 |
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45 | 45 | | for the payment from the fund of such sums as may be required from time to time upon receipt by 2 |
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46 | 46 | | him or her of proper vouchers approved by the administrator. 3 |
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47 | 47 | | (b) The public utility making an application or filing to the commission or division, or 4 |
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48 | 48 | | subject to a commission- or division-initiated investigation, or any public utility distributing 5 |
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49 | 49 | | electricity or gas whose retail rates would be affected by a proceeding before an agency of the 6 |
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50 | 50 | | federal government or a federal court, shall be charged with and shall pay a portion of the expenses 7 |
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51 | 51 | | reasonably so incurred by the commission and by the division for the purchase of materials and for 8 |
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52 | 52 | | the employment of legal counsel, official stenographers, engineers, accountants, and expert 9 |
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53 | 53 | | witnesses, and for travel and other necessary expenses as are reasonably attributable to the 10 |
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54 | 54 | | investigation or the hearing of the proposal by the commission and the division, or to the 11 |
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55 | 55 | | administrator’s representation of the state before federal or state courts or an agency of the federal 12 |
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56 | 56 | | government. The administrator or the commission chairperson, as appropriate, shall ascertain the 13 |
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57 | 57 | | expenses and shall determine the amount to be paid by the public utility company or companies, 14 |
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58 | 58 | | and bills shall be rendered therefor either at the conclusion of the investigation or hearing, or from 15 |
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59 | 59 | | time to time during its progress, and the amount of each bill so rendered shall be paid by the public 16 |
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60 | 60 | | utility to the administrator or the commission, as appropriate, within thirty (30) days from the date 17 |
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61 | 61 | | of its rendition unless, within the thirty-day (30) time period, the public utility so billed shall request 18 |
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62 | 62 | | an opportunity to be heard by the commission as to the amount thereof. The commission shall 19 |
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63 | 63 | | comply with any such request. Any amount of the bill not paid within thirty (30) days from the date 20 |
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64 | 64 | | of service of the determination upon the hearing, or, if none shall be requested, within thirty (30) 21 |
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65 | 65 | | days from the date of rendition of the bill, shall draw interest at the rate of twelve percent (12%) 22 |
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66 | 66 | | per annum. At the discretion of the administrator, or the commission chairperson, as appropriate, 23 |
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67 | 67 | | utility companies may be prebilled for contractual services utilized by the commission or division. 24 |
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68 | 68 | | Any revenue received from public utilities not expended upon the completion of the case will be 25 |
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69 | 69 | | promptly reimbursed to the utility company. The total amount that may be charged to any public 26 |
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70 | 70 | | utility under authority of this section for proceedings before the commission or division or in related 27 |
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71 | 71 | | appeals before state or federal courts in any calendar year shall not exceed seven hundred and fifty 28 |
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72 | 72 | | thousand dollars ($750,000), provided that any indirect one million dollars ($1,000,000). Indirect 29 |
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73 | 73 | | cost recovery obligations pursuant to § 35-4-27 shall constitute a separate and additional assessment 30 |
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74 | 74 | | to public utilities to be added to the foregoing expense assessment limit limits; in addition, the total 31 |
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75 | 75 | | amount that may be charged against any public utility under authority of this section for the 32 |
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76 | 76 | | administrator’s representation of the state before agencies of the federal government in any calendar 33 |
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77 | 77 | | year shall not exceed two hundred and fifty thousand dollars ($250,000) five hundred thousand 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001349 - Page 3 of 4 |
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81 | 81 | | dollars ($500,000). All moneys collected by the administrator or the commission pursuant to this 1 |
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82 | 82 | | section shall be paid by him or her monthly to the general treasurer to be added to the public utilities 2 |
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83 | 83 | | reserve fund. 3 |
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84 | 84 | | (c) The division of public utilities and carriers shall adopt by regulation, a fee schedule for 4 |
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85 | 85 | | all telecommunications filings, including initial applications and annual registrations, by 5 |
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86 | 86 | | telecommunications providers that are not otherwise subject to the provisions of subsection (a) or 6 |
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87 | 87 | | (b) of this section. The money assessed and paid shall be paid into the general fund and shall not 7 |
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88 | 88 | | be a part of the public utilities reserve fund. 8 |
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89 | 89 | | (d) The general assembly shall annually appropriate such sums as it may deem necessary 9 |
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90 | 90 | | for the salaries of the commissioners and their expenses incurred in the performance of their duties, 10 |
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91 | 91 | | and for the operations of the commission and the division and payment of such office expenses and 11 |
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92 | 92 | | assistance as from time to time may be required. The state controller is authorized and directed to 12 |
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93 | 93 | | draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof, 13 |
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94 | 94 | | as may be required from time to time upon receipt by him or her of vouchers approved by the 14 |
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95 | 95 | | administrator or his or her authorized agent. 15 |
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96 | 96 | | SECTION 2. This act shall take effect upon passage. 16 |
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97 | 97 | | ======== |
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98 | 98 | | LC001349 |
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99 | 99 | | ======== |
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100 | 100 | | |
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101 | 101 | | |
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102 | 102 | | LC001349 - Page 4 of 4 |
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103 | 103 | | EXPLANATION |
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104 | 104 | | BY THE LEGISLATIVE COUNCIL |
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105 | 105 | | OF |
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106 | 106 | | A N A C T |
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107 | 107 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC UTILITIES COMMISSION |
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108 | 108 | | *** |
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109 | 109 | | This act would increase the public utilities reserve fund cap and the cap on expenses 1 |
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110 | 110 | | relating to the public utilities commission and the division of public utilities and carriers 2 |
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111 | 111 | | representing the state before federal agencies. 3 |
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112 | 112 | | This act would take effect upon passage. 4 |
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113 | 113 | | ======== |
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114 | 114 | | LC001349 |
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