2009 -- S 732 SUBSTITUTE A AS AMENDED

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LC01344/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO WATERS AND NAVIGATION - THE WATER USE AND GOVERNMENT

EFFICIENCY ACT OF 2009

     Introduced By: Senators Sosnowski, Bates, Walaska, and Ciccone

     Date Introduced: February 26, 2009

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

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CARRIERS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 15.1

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WATER SUPPLIERS SUBJECT TO COMMISSION RATE REGULATION

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     39-15.1-1. Purposes. -- The purposes of this chapter are to:

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     (1) Augment current principles for setting the rates of public utilities that are water

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suppliers that are subject to commission rate regulation in a manner that facilitates:

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     (i) Managing demand, especially seasonal demand;

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     (ii) Investing in infrastructure repair and replacement;

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     (iii) Recovering the full costs, including capital and operational, of water systems through

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water system revenues; and

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     (iv) Establishing operating capital and debt service of sufficient size; and

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     (2) Provide an optional system for multi-year water rates that are adjustable in

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accordance with an approved rate plan.

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     39-15.1-2. Definitions. -- For the purposes of this chapter, the following definitions shall

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apply:

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     (1) “Commission” shall mean the public utilities commission established by chapter 39-1,

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with all powers set forth in chapter 39-1, including, but not limited to, the powers set forth in

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section 39-1-3 and 39-1-7, and in chapter 39-4, and subject to the provisions of chapter 39-5;

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     (2) “Division” shall mean the division of public utilities;

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     (3) “Water resources board” shall mean the water resources board having the duties set

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forth in chapter 46-15;

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     (4) "Water supplier" shall mean all water supply systems regulated by the public utilities

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commission, including the Kent County Water Authority, Newport Water Department, Pawtucket

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Water Supply Board, Providence Water Supply Board, United Water Rhode Island, Woonsocket

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Water Department and any future water supply system that meets the definition established in

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subdivision 39-1-2(20) pertaining to public utilities employed for the distribution of water to the

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consuming public.

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     (5) “Water supply systems management plan” shall mean a water supply systems

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management plan prepared in accordance with section 46-15.3-5.1 and found by the water

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resources board, pursuant to the provisions of section 46-15.3-7.6, to be in compliance with the

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requirements for such plans.

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     (6) “Agricultural” shall mean commercial agricultural producers as defined in 46-15.3-

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4(2).

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     39-15.1-3. Rates. -- (a) Adequacy. The rates of water suppliers subject to commission

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rate regulation shall be responsible and adequate to pay for all costs associated with water supply

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including, but not limited to, the costs of:

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     (1) Acquisition, treatment, transmission, distribution and availability of water;

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     (2) System administration and overhead, including the prudent cost and/or value of all

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services and facilities provided by the city or town to the water supplier including, but not limited

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to, testing, operation, maintenance, replacement, repair, debt service, and associated with, but not

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limited to, supply, production, treatment, transmission, administration facilities, and metering and

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billing;

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     (3) Programs for the conservation and efficient use of water, including costs of

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developing, implementing, enforcing and evaluating such conservation programs and including

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conservation pricing as described in subsection (d);

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     (4) Sufficient operating reserves, revenue stabilization funds, debt service reserves, and

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capital improvement/infrastructure replacement funds to implement water supply system

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management plans.

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     (b) Equitability. Except for service charges and other fixed fees and charges approved as

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reasonable by the commission, where practicable, rates:

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     (1) Shall be based on metered usage and fairly set among and within the classes and/or

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types of users;

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     (2) Shall provide that within any class of users the full cost of system capacity,

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administration, operation, and water supply costs for peak and seasonal use is borne by the users

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that contribute to such peak and seasonal use; and

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     (3) May provide a basic residential use rate for water use that is designed to make a basic

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level of water use affordable. Rates may require implementation of demand management

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practices, consistent with the standards and guidelines of the water resources board, established

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pursuant to subdivision 46-15.8-5(1), by wholesale and retail customers.

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     (c) Revenue stabilization. Water suppliers subject to commission rate regulation shall in

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the absence of other sufficient funds available for similar purposes, establish as part of their next

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general rate filing before the commission a revenue stabilization account to ensure fiscal stability

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during periods when revenues decline as a result of implementing water conservation programs,

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or due to circumstances beyond the reasonable control of the water supplier, including, but not

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limited to, the weather and drought. A revenue stabilization account shall accumulate a maximum

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of ten percent (10%) of the annual operating expenses of the supplier and shall be used to

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supplement other revenues so that the supplier’s reasonable costs are compensated. A supplier

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may draw upon its revenue stabilization account without further action of the commission if

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revenues in any fiscal year fall below the level sufficient to provide reasonable compensation for

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services rendered, subject to periodic review by the commission to ensure that the purposes of

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section 39-15.1-1 are fulfilled.

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     (d) Conservation. Water suppliers subject to commission rate regulation shall take

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effective action to reduce waste of water and to reduce non-agricultural seasonal increases in the

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use of water, and may adopt conservation pricing as part of a demand management program or

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otherwise revise their rates as a means to achieve their goals. For the purpose of encouraging

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conservation of water, suppliers are authorized to request increased rates based on quantity used

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either throughout the year or seasonally and to seek expedited review by the commission of such

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revised rates, provided that the supplier shall not have the burden of proof to link the increased

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rate to obtaining reasonable compensation for the service rendered as established in section 39-3-

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12. Conservation pricing shall be designed to promote efficient water use, and to limit seasonal

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non-agricultural outdoor water use, and to the extent possible shall not increase prices for water

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users with no significant seasonal increase in water use. Revenues generated from the adoption of

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conservation rates shall be used to fund the revenue stabilization account established pursuant to

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subsection (c) above, operating reserves, debt service reserves or capital

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improvement/infrastructure replacement funds.

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     (e) Billing. Billing shall be at a minimum quarterly by December 31, 2013.

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     39-15.1-4. Optional multi-year rate plans. -- (a) Water suppliers may, at their

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discretion, file with the commission a rate plan for a period not to exceed six (6) years, which rate

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plans shall set forth proposed rates:

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     (1) That are adequate, as described in subsection 39-15.1-3(a) of this chapter, to pay for

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all reasonable costs of service associated with water supply during the period of the plan, and

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may include projections of cost increases, and are equitable as described in subsection 39-15.1-

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3(b);

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     (2) That attribute the cost of increased seasonal demand to customers that contribute to

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increased seasonal demand and that may include conservation pricing pursuant to subsection 39-

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15.1-3(d);

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     (3) That provide for infrastructure maintenance, repair, and replacement, especially in

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order to meet goals for reduction of leakage and the accounting of non-billed water, that are

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included in a water supply system management plan; and

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     (4) That provide for the establishment and maintenance of operating reserves, capital

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reserves, and debt service reserves as described in subsection 39-15.1-3(a);

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     (b) The commission shall approve or reasonably amend the plan and the rates proposed

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therein;

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     (c) A water supplier with a multi-year plan approved by the commission may change its

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rates consistent with provisions of the plan, provided that a forty-five (45) day notice is given to

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the commission and the division, which notice shall state the amount of the proposed rate

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changes, the manner in which the proposed rate is consistent with the approved plan, and the

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purpose of the proposed rate change. The proposed rate change shall be effective sixty (60) days

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after the notice to the commission and the division, unless the commission shall decide that the

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proposed rate increase may be unreasonable or inconsistent with the approved plan, in which case

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the commission shall hold a hearing on the proposed rate increase and may approve, or

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reasonably amend the proposed rate increase. Notwithstanding the foregoing notice provision, the

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commission shall be bound by the suspension period set forth in section 39-3-11.

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     (d) A water supplier may petition the commission for a modification to an approved plan,

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and the commission in hearing and deciding the petition need only consider those portions or

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elements of the plan affected by the proposed modification. The commission shall approve or

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reasonably modify the proposed modification. An approved modification shall become part of the

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plan for purposes of subsection (c) of this section.

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     (e) Each water supplier with an approved plan shall report annually to the commission

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and the division with regard to performance under the plan, including rates, revenues derived

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from rates, expenditures necessary to pay for all reasonable costs of service; and the level and

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status of operating reserves, capital reserves, and debt service reserves.

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     SECTION 2. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 39.1

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MUNICIPAL WATER SUPPLIES

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     45-39.1-1. Purpose. -- The purpose of this chapter are:

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     (1) To clarify the powers and duties of city and town councils with regard to water

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suppliers, and

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     (2)_To establish municipal water supplies as enterprise funds. This chapter shall not alter,

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abrogate, or diminish the duties of water suppliers established elsewhere in the general or public

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laws or supersede or alter or abrogate powers and duties set forth in chapter 39-15.1.

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     45-39.1-2. Definitions. -- (a) “Commission” means the public utilities commission

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established by chapter 39-1;

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     (b) “Council” means the city council of any city and the town council of any town;

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     (c) “Municipal water supply” means a department, board, commission, authority, or

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agency of a city or town, which does not have a separate corporate existence from the city or

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town, that is a water supplier as defined in subdivision 46-15.3-5.1(a)(2);

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     (d) “Water resources board” means the water resources board established pursuant to

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chapter 46-15; and

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     (e) “Water supply systems management plan” means a water supply systems

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management plan prepared in accordance with the requirements of sections 46-15.3-5.1 through

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46-15.3-7

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     (f) “Agricultural” shall mean commercial agricultural producers as defined in 46-15.3-

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4(2).

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     45-39.1-3. Power of councils. -- In addition to and consistent with any power provided

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by a law or charter provision, councils shall have the power to:

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     (1) Plan, in a manner consistent with the provision of chapter 45-22.2, and provide for

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water supply or municipal water supply within the city or town or any portion or area thereof;

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     (2) Adopt, fix and amend rates as set forth by section 45-39.1-5, unless such rates are

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subject to the approval of the commission or are governed by another provision of law or charter;

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     (3) Control water usage within the city or town in order to provide for the adequacy,

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     availability, and/or safety of water supply; and adopt such measures as may be necessary

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to make such restriction effective; such restrictions shall not be less than or inconsistent with any

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standards adopted by the water resources board and shall incorporate the priority given to

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agriculture pursuant to subdivision 46-15.7-1(b)(5); and

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     (4) Approve the submission, by the city or town, of a water supply system management

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plan to the water resources board pursuant to section 46-15.3-5.1.

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     45-39.1-4. Organization. -- Notwithstanding any provision of law, charter, or ordinance,

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to the contrary not later than July 1, 2010, each municipal water supply shall be organized,

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operated, and accounted for as an enterprise fund; provided, however, that the requirements of

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this section shall not be deemed to abrogate or impair any agreement, decision, rate, or order in

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effect on July 1, 2009.

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     45-39.1-5. Rates. -- (a) Adequacy. The rates of municipal water supplies shall be

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adequate to pay for all costs associated with the municipal water supply including, but not limited

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to, the costs of acquisition, treatment, transmission, distribution, and availability of water, and of

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system administration and overhead, including metering and billing, programs for the

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conservation and efficient use of water, including costs of developing, implementing, enforcing

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and evaluating such conservation programs and including conservation pricing as described in

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subsection (d), and the cost and/or value of any services or facilities provided by the city or town

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to the municipal water supply, testing, operation, maintenance, replacement, repair, debt service,

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and for sufficient operating reserves, revenue stabilization funds, debt service reserves and capital

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improvement/infrastructure replacement funds to implement water supply system management

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plans;

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     (b) Equitability. Except for service charges and other fixed fees and charges, rates:

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     (1) Shall be based on metered usage and fairly set among and within the classes and/or

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types of users;

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     (2) Shall provide that within any class of users the full costs of system capacity,

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administration, operation, and water supply costs for peak and/or seasonal use is borne by the

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users that contribute to such peak and/or seasonal use;

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     (3) May provide a basic residential use rate for water use that is designed to make a basic

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level of water use affordable, and

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     (4) May require implementation of demand management practices, consistent with the

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standards and guidelines of the water resources board, established pursuant to subsection 46-

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15.8(a), by wholesale and retail customers;

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     (c) Revenue stabilization. Municipal water suppliers shall in the absence of other

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sufficient funds available for similar purposes, establish as part of their next rate adjustment a

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revenue stabilization account to provide for adequacy during periods when revenues decline as a

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result of implementing water conservation programs, or due to circumstances beyond the

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reasonable control of the water supplier, including, but not limited to, the weather and drought. A

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revenue stabilization account shall accumulate a maximum of ten percent (10%) of the annual

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operating expenses of the supplier and shall be used to supplement other revenues so that the

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supplier’s reasonable costs are compensated;

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     (d) Conservation. Municipal water suppliers shall take effective action to reduce waste of

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water and to reduce non-agricultural seasonal increases in the use of water, and may adopt

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conservation pricing as part of a demand management program or otherwise revise their rates as a

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means to achieve their goals. For the purpose of encouraging conservation of water, suppliers are

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authorized to adopt increased rates based on quantity used either throughout the year or

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seasonally. Conservation pricing shall be designed to promote efficient water use, and to limit

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seasonal non-agricultural outdoor water use, and to the extent possible shall not increase prices

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for water users with no significant seasonal increase in water use. Revenues generated from the

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adoption of conservation rates shall be used to fund the revenue stabilization account established

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pursuant to subsection (c) above, operating reserves, debt service reserves or capital

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improvement/infrastructure replacement funds; and

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     (e) Billing. Billing shall be, at a minimum, quarterly by December 31, 2013.

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     SECTION 3. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 15.8

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WATER USE AND EFFICIENCY ACT

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     46-15.8-1. Short title. -- This act shall be known and may be cited as the “Water Use and

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Efficiency Act.”

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     46-15.8-2. Legislative findings. – (a) The general assembly finds and declares that:

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     (1) Rhode Island is fortunate to have sufficient precipitation to meet Rhode Island’s water

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needs, if that water is not wasted and if it is well and fairly managed. With scarcity of water a

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growing concern for many southern and western states, Rhode Island’s adequate water supply can

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and should be an economic advantage for our state;

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     (2) Water is a renewable but a limited resource essential to the survival of all living

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things. The mission of the water supply profession is to provide a reliable supply of high quality

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water for the protection of public health, safety and welfare, and to ensure a sustainable balance

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between human and ecological water needs. Environmental stewardship and integrated water

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resource management, including land conservation, wetlands protection, and protecting the

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ecological integrity of water resources, are core values of the water supply profession and are

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essential to sustaining this mission;

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     (3) Efficient and equitable management of our shared water resources allows us to make

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water available to new economic development as well as meet existing water needs, both of

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which support our state’s economic vitality and the quality of life of our communities;

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     (4) Good management allows us to provide water for necessary residential use as well as

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economic growth, at the same time that we preserve and protect the natural resources that make

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Rhode Island such an attractive place to live, and that support important economic activity that

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depends upon a healthy environment, such as fisheries, farming and tourism;

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     (5) Rhode Island is currently consuming large amounts of water for inefficient outdoor

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non-agricultural summer landscape irrigation.

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     (6) More efficient use of our shared water supply, especially by residential users, makes

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more water available for economic activity and for replenishment of stream flow, and is usually

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the most cost-effective and quickest way to maximize available water supply. Conservation must

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be a priority for successful water management.

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     (7) Rhode Island’s water supply infrastructure must be maintained if it is to continue to

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supply the state with clean water sufficient to meet our needs; it is far cheaper to “pay as you go”

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than to defer infrastructure maintenance, which will result in it being far more expensive in the

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future.

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     (8) Municipalities should consider the water available for human use and likely water

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needs at build out in making planning decisions.

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     (9) The Rhode Island Water Resources Board, as an independent water supply agency, is

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vital to the success of this legislation and will provide necessary balance in working toward the

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sustainability of Rhode Island's water resources.

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     46-15.8-3. Purposes. -- The purposes of this act are: (a) To help assure reasonable,

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needed and adequate future water supplies by:

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     (1) Managing demand;

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     (2) Reinvesting in water supply infrastructure and water supply resources; and

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     (3) Protecting and preserving the health and ecological functioning of the water resources

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of the state.

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     (b) To strengthen water resources and supply planning by implementing, effectively and

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efficiently, water rates and water supply system management plans that are designed to achieve

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appropriate infrastructure reinvestment and demand management.

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     (c) To increase the efficient and effective administration of government responsibilities

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by establishing municipal water departments, boards, and authorities as self-sustaining enterprise

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funds.

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     46-15.8-4. Duties of water suppliers. -- All public drinking water supply systems that

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are subject to the requirements of section 46-15.3-5.1 shall have a duty:

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     (1) To manage demand to assure the long-term viability of water resources and water

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supply, to provide for strategic, prudent, reasonable and necessary use of water supplies, to

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control and/or curtail water use during periods of diminished water supply availability including

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droughts; to take such actions as may be necessary to achieve compliance by wholesale and retail

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customers with requirements for demand management; and

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     (2) To maintain fiscal integrity and adequate capacity by establishing and maintaining

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such revenue stabilization funds, operating reserves, debt service reserves, and infrastructure

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replacement and capital improvement program funds as are necessary; and to institute by

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December 31, 2013 billing at least as frequently as quarterly.

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     46-15.8-5. Duties of state agencies. -- In order to accomplish the purposes of this

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chapter:

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     (1) The water resources board shall establish and maintain no later than July 31, 2010

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targets for non-agricultural demand management and water use, and for non-billed water which

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shall include the goal of reducing leakage to no more than ten percent (10%) of water supplies in

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public water supplies subject to the provisions of section 46-15.3-5.1;

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     (2) The statewide planning program shall incorporate, by July 1, 2011, such amendments

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as may be necessary into state guide plan elements to require:

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     (i) The use of water availability estimates developed by the water resources board and

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the department of environmental management and other relevant information sources in local

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comprehensive plan elements and the review of major land development and subdivision reviews;

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     (ii) The incorporation of the executive summaries of the water supply system

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management plans, as appropriate, into the services and facilities element and the land use

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element of local comprehensive plans;

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     (3) The public utilities commission shall assure, in accordance with provisions of chapter

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39-15.1, that the rates of water suppliers subject to its jurisdiction are adequate to implement

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capital improvement plans, water supply system management plans, and demand management

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plans and to cover system costs when revenues decline as a result of decreased demand.

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     (4) State agencies need to become advocates for positive solutions by removing

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overlapping and burdensome planning and regulatory requirements.

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     SECTION 4. Section 46-13.1-7 of the General Laws in Chapter 46-13.1 entitled

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"Groundwater Protection" is hereby repealed.

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     46-13.1-7. Commission established. -- (a) There is hereby created a commission to be

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known as the clean drinking water and groundwater standards commission and whose purpose it

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shall be to review the entire field of groundwater and drinking water quality standards.

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      (b) The commission shall be composed of one member of the house of representatives

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appointed by the speaker, one member of the senate appointed by the president of the senate, the

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director of the department of environmental management or his or her designee, the director of

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the department of health or his or her designee, the chairperson of the water resources board or

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his or her designee, seven (7) members of the academic community from local universities and

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colleges appointed by the governor representing the fields of medicine, hydrogeology, toxicology,

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environmental engineering, plant and soil science economics, and epidemiology, and three (3)

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members of the business community affected by this legislation, one appointed by the speaker of

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the house, one appointed by the president of the senate, and one appointed by the governor.

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      (c) Forthwith, on June 26, 1986, the members of the commission shall meet at the call of

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the speaker of the house and organize. The speaker shall appoint a chairperson from among the

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members. The vice chairperson shall be elected by the membership of the commission on an

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annual basis. Vacancies shall be filled in like manner as the original appointment.

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      (d) The commission shall meet at least once annually and report its findings and

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recommendations to the general assembly annually on the second Wednesday of June.

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     SECTION 5. Section 46-15.1-1.1 of the General Laws in Chapter 46-15.1 entitled "Water

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Supply Facilities" is hereby repealed.

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     46-15.1-1.1. Definitions. -- (a) "Large public water system" means a water supplier that

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pumps more than fifty million (50,000,000) gallons of water per year pursuant to section 46-15.3-

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5.1.

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     (b) "Small public water system" means a water supplier that pumps less than fifty million

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(50,000,000) gallons per year.

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     (c) "Large water user" means a water user that withdraws more than three million

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(3,000,000) gallons per year, which is equivalent to eight thousand two hundred (8,200) gallons

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per day.

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     (d) "Small water user" means a water user that withdraws less than three million

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(3,000,000) gallons per year, which is equivalent to eight thousand two hundred (8,200) gallons

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per day.

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     SECTION 6. Section 46-15.3-15 of the General Laws in Chapter 46-15.3 entitled "Public

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Drinking Water Supply System Protection" is hereby repealed.

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     46-15.3-15. Actions by the water resources board. -- The water resources board shall

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review the evidence of implementation provided with each water supplier's thirty (30) month

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report and determine whether water supply system management plan implementation is sufficient

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to achieve the objectives of this chapter. Should the water resources board find that plan

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implementation is not sufficient to substantially achieve the objectives of this chapter, a

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determination of noncompliance shall be made.

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     SECTION 7. Sections 46-15.1-1, 46-15.1-2, 46-15.1-2.3 and 46-15.1-21 of the General

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Laws in Chapter 46-15.1 entitled "Water Supply Facilities" are hereby amended to read as

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follows:

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     46-15.1-1. Legislative declaration -- Water resources board (corporate) -- Applicable

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sections. -- The findings and declarations made by section 46-15-1 are hereby made applicable to

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this chapter.

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      The water resources board (corporate) under this chapter constitutes a body politic and

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corporate and a public instrumentality of the state having a distinct legal existence from the state

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and not constituting a department of state government.

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      The following sections also apply to the water resources board, the state agency: sections

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46-15.1-1.1, 46-15.1-2(a), 46-15.1-2.2, 46-15.2-3, 46-15.1-2.4, 46-15.1-4.1, 46-15.1-5(15) -- (25),

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46-15.1-20 and 46-15.1-21.

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     46-15.1-2. Board created -- Appointment of members. -- (a) There is hereby

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authorized, created and established a water resources board consisting of fifteen (15) members as

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follows:

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      (1) Eleven (11) members shall represent the public and shall be appointed by the

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governor with the advice and consent of the senate as herein provided;

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      (i) One of whom shall be a person who is actively engaged in the agricultural business,

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preferably an owner and/or operator of an agricultural business, with respect to which

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appointment the governor shall give due consideration to the recommendation of the Rhode

11-27

Island Agricultural Council established pursuant to the provisions of chapter 3 of title 2;

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      (ii) One of whom shall be a representative of a conservation organization, with respect to

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which appointment the governor shall give due consideration to the recommendation of the

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Environment Council of Rhode Island;

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      (iii) One of whom shall be a professional with expertise in one or more of the following

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fields: geology, and/or hydrology, or engineering;

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      (iv) One of whom shall be a professional with expertise in engineering with relevance to

11-34

water supply;

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      (v) One of whom shall be a professional with expertise in financial planning and/or

12-2

investment;

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      (vi) One of whom shall be a professional with expertise in land and/or watershed

12-4

management;

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      (vii) One of whom shall be a representative of a public water system that withdraws

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more than one hundred thousand (100,000) gallons per day, primarily from a surface water

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supply;

12-8

     (viii) One of whom shall be a representative of a public water system one of whom shall

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be a representative of a large water user; and that withdraws more than one hundred thousand

12-10

(100,000) gallons per day, primarily from a ground water supply;

12-11

     (ix) One of whom shall be a representative of a small water user; one of whom shall be a

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professional with expertise in financial planning and/or investment; and One of whom shall be a

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representative of a water user that withdraws more than one hundred thousand (100,000) gallons

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per day; and

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     (x) Three (3) Two (2) of whom shall be members of the general public. The public

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members shall be chosen as far as is reasonably practicable to represent the drought regions of the

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state as specified in the Rhode Island Drought Management Plan.

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      (2) No person shall be eligible for appointment to the board unless he or she is a resident

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of this state. The remaining four (4) members are the director of environmental management, the

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director of the Rhode Island economic development corporation who shall serve as a nonvoting

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ex officio member, the chief associate director of the division of planning within the department

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of administration who shall serve as a nonvoting ex officio member, and the director of the

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department of health.

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      (3) Members shall serve until their successors are appointed and qualified and shall be

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eligible to succeed themselves. In the month of February in each year, the governor, with the

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advice and consent of the senate, shall appoint successors to the public members of the board

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whose terms shall expire in such year, to hold office commencing on the day they are qualified

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and until the first day of March in the third year after their respective appointments and until their

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respective successors are appointed and qualified.

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      (b) (1) Those members of the board as of the effective date of this act [June 16,

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2006]who were appointed to the board by members of the general assembly and the chairperson

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of the joint committee on water resources shall cease to be members of the board on the effective

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date of this act [June 16, 2006] and the governor shall thereupon appoint five (5) new public

12-34

members pursuant to this section shall continue to serve until their term expires or they resign,

13-1

whether or not they meet the criteria set out in subsection (a);

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      (i) One of whom shall be a professional with expertise in financial planning and/or

13-3

investment;

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      (ii) One of whom shall be a professional with expertise in one or more of the following

13-5

fields: geology, hydrology or engineering; and

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      (iii) One of whom shall be a representative of a conservation organization appointed by

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the governor as prescribed in this section.

13-8

      (2) The member of the board selected by the Rhode Island Agricultural Council shall

13-9

continue to serve the balance of his or her term. Upon expiration of his or her term, the governor

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shall appoint one member who is actively engaged in the agricultural business, preferably an

13-11

owner and/or operator of an agricultural business as prescribed in this section. Those members of

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the board as of the effective date of this act [June 16, 2006]who were appointed to the board by

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the governor shall continue to serve the balance of their current terms. Thereafter, the

13-14

appointment shall be made by the governor as prescribed in this section.

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      (c) Any vacancy which may occur in the board for a public member shall be filled by the

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governor, with the advice and consent of the senate, for the remainder of the unexpired term in

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the same manner as the members predecessor as prescribed in this (a) of this subsection section.

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Each ex officio member of the board may designate a subordinate within his or her department to

13-19

represent him or her at all meetings of the board.

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      (d) Members of the board shall be removable by the governor pursuant to section 36-1-7

13-21

of the general laws and for cause only, and removal solely for partisan or personal reasons

13-22

unrelated to capacity or fitness for the office shall be unlawful.

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      (e) The water resources board is designated to carry out the provisions of this chapter. In

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exercising its powers under this chapter, the board constitutes a body politic and corporate and a

13-25

public instrumentality of the state having a distinct legal existence from the state and not

13-26

constituting a department of the state government. The board may take action under this chapter

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at any meeting of the board. A member of the board who is affiliated with a public water system

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in Rhode Island, as provided in section 46-15-2, shall not thereby be disqualified from acting as a

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member of the board on a transaction under this chapter with a public water system. Upon the

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enactment of this chapter, and annually in the month of March thereafter, the board shall choose a

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treasurer to act as such under this chapter. The treasurer need not be a member of the board or of

13-32

its staff and shall serve until his or her successor is chosen and takes office, unless sooner

13-33

removed by the board with or without cause. In the event of a vacancy in the office of treasurer,

13-34

the board shall fill the vacancy for the unexpired term.

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      (f) Nothing contained herein shall be construed as terminating or discontinuing the

14-2

existence of the water resources board as it exists prior to July 1, 1993 for purposes of chapters

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15.1, 15.2, and 15.3 of this title, and the water resources board created hereby shall be and shall

14-4

be deemed to be a continuation of the water resources board as it existed prior to July 1, 1993 for

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the purposes enumerated in chapters 15.1, 15.2, and 15.3 of this title. Nothing contained herein

14-6

shall affect the bonding or financing authority of the water resources board as it exists prior to

14-7

July 1, 1993 nor shall anything contained herein be construed as terminating, altering,

14-8

discontinuing, or in any way impairing the bonding or financing power of the water resources

14-9

board as it exists under chapters 15.1, 15.2, and 15.3 of this title prior to July 1, 1993.

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     46-15.1-2.3. Officers of the board -- Quorum and vote required for action. --

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Forthwith, and upon the enactment of this chapter, and annually in the month of March,

14-12

thereafter, the board shall elect one of its public members as chairperson, one of its public

14-13

members as vice chairperson, and shall also elect a secretary either from its membership or its

14-14

technical staff. The board may elect from among its members such other officers as it deems

14-15

necessary. Seven (7) Nine (9) voting members of the board constitutes a quorum. A majority vote

14-16

of those present and voting shall be required for action. No vacancy in the membership of the

14-17

board shall impair the right of a quorum to exercise all of the rights and perform all of the duties

14-18

of the board.

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     46-15.1-21. Annual report of water provider. -- Each water providing and water supply

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company both public and private doing business in this state shall forward an annual report to the

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governor, speaker of the house of representatives, the president of the senate and secretary of

14-22

state water resources board setting forth the status of any water supply within the company's

14-23

jurisdiction and control, and progress made towards achieving the goals of the entity's water

14-24

supply management plan as prescribed in sections 46-15.3-5.1 and 46-15.3-7.

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     SECTION 8. Sections 46-15.3-4, 46-15.3-5.1, 46-15.3-7.5, 46-15.3-21 and 46-15.3-22 of

14-26

the General Laws in Chapter 46-15.3 entitled "Public Drinking Water Supply System Protection"

14-27

are hereby amended to read as follows:

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     46-15.3-4. Definitions. -- As used in this chapter, the following words and phrases shall

14-29

have the following meanings, unless the context shall indicate another or different meaning or

14-30

intent:

14-31

      (1) "Aquifer" means a geologic formation, group of formations, or part of a formation

14-32

capable of yielding a significant amount of groundwater to wells, springs, or surface water.

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      (2) "Commercial agricultural producers" means purveyors of at least two thousand five

14-34

hundred dollars ($2,500) of agricultural products during a calendar year.

15-1

      (3) "Eligible expenditure" means the acquisition of a fee simple interest or of a

15-2

conservation restriction, as that term is defined in section 34-39-2(a), or other interest in

15-3

watershed lands, including, but not limited to, costs and expenses relating to the improvement of

15-4

the lands or interests therein, maintenance of the lands or roads or interests therein, and taxes

15-5

thereon, or the funding of the construction of physical improvements that directly protect the

15-6

quality and safety of public drinking water supply. No funds under this section shall be used to

15-7

extend service lines or expand system capacity.

15-8

      (4) "Ground water" means water found underground which completely fills the open

15-9

spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of

15-10

materials filled with groundwater is called the zone of saturation.

15-11

      (5) "Ground water recharge" means the processes of addition of water to the zone of

15-12

saturation, that zone beneath the water table.

15-13

      (6) "Raw water" means water in its natural state prior to any treatment.

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      (7) "Recharge area" means an area in which water is absorbed that eventually reaches the

15-15

zone of saturation.

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      (8) "Sale" means all retail sales of potable water to end users for any purpose in the

15-17

ordinary course of business by a supplier, except for sales exempt pursuant to section 46-15.3-

15-18

5(c), (d) and (e).

15-19

      (9) "Source" means the raw water upon which a public water supply system abounds,

15-20

and refers to both groundwater and surface water.

15-21

      (10) "Supplier(s) of public drinking water" and "supplier(s)" mean any city, town,

15-22

district, or other municipal, quasi municipal, or public or private corporation or company engaged

15-23

in the sale of potable water and the water supply business in Rhode Island; provided, however,

15-24

that only suppliers which withdraw water from wells, reservoirs, springs, or other original sources

15-25

in potable quality shall be entitled to disbursements pursuant to section 46-15.3-11.

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      (11) "The fund" means the water quality protection funds as described in section 46-

15-27

15.3-10.

15-28

      (12) "Watersheds" means those land areas which, because of their topography, soil type,

15-29

and drainage patterns, act as collectors of raw waters which replenish or regorge existing or

15-30

planned public drinking water supplies.

15-31

     (13) “Non-billed water” means the difference between water produced by a supplier and

15-32

water sold by the same supplier.

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     (14) “Leakage” means the difference between non-billed water and the total of the

15-34

estimated or measured allowances for fire fighting, meter inaccuracy, theft, system usage, main

16-1

flushing, sewer cleaning, storm drain cleaning, and other allowances that may be developed by

16-2

the water resources board.

16-3

     46-15.3-5.1. Water supply systems management plans. -- (a) All parties involved in the

16-4

supply, transmission, and/or distribution of drinking water shall prepare, maintain, and carry out a

16-5

water supply system management plan as described by this chapter. This requirement applies,

16-6

without limitations, to:

16-7

      (1) All municipalities subject to chapter 22.2 of title 45, the Comprehensive Planning

16-8

and Land Use Regulation Act. The water supply management plan shall be part of the Services

16-9

and Facilities Element required by section 45-22.2-6(6) executive summary of the water supply

16-10

system management plan including the demand management goals and plans for water

16-11

conservation and efficient use of water, of any water supplier providing service in any

16-12

municipality, shall be incorporated in the services and facilities element of the plan for that

16-13

municipality required by subdivision 45-22.2-6(6);

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      (2) All municipalities, municipal departments and agencies, districts, authorities or other

16-15

entities engaged in or authorized to engage in the supply, treatment, transmission, or distribution

16-16

of drinking water on a wholesale or retail basis, referred to herein as "water suppliers" , which

16-17

obtain, transport, purchase, or sell more than fifty million (50,000,000) gallons of water per year.

16-18

      (b) A water supply system management plan shall be prepared in the format, and shall

16-19

address each of the topics, listed in this section, to the extent that each is relevant to the

16-20

municipality or water supplier, the water source(s), the water system(s), and the area served or

16-21

eligible to be served. Notwithstanding any other provisions of this chapter, water supply

16-22

management plans shall be in conformity with all applicable provisions of the Federal Safe

16-23

Drinking Water Act [42 U.S.C. section 300f et seq.] chapter 13 of this title, Public Drinking

16-24

Water Supply, and chapter 14 of this title, Contamination of Drinking Water, as administered by

16-25

the department of health. Any other topic of interest may be included.

16-26

      (c) A water supply system management plan shall include, without limitation, the

16-27

following components:

16-28

      (1) The water supply management component of the water supply system management

16-29

plan shall include, without limitation:

16-30

      (i) A statement of the goals that the plan is designed to achieve, including, but not

16-31

limited to, goals for: ;

16-32

     (A) Water resource protection;

16-33

     (B) Demand management, which shall include goals as appropriate for managing peak

16-34

and seasonal use of water; and

17-1

     (C) Supply development as necessary and with consideration of source water availability;

17-2

and

17-3

     (D) System management, including system safety and reliability, infrastructure

17-4

maintenance, repair, and reduction of leakage.

17-5

      (ii) A description of the water system(s) covered, including sources of water, the service

17-6

area, present and anticipated future users, and other important characteristics;

17-7

      (iii) Data collection in a form that can be accepted directly into the Rhode Island

17-8

Geographic Information System. Monitoring of system operations shall be performed at intervals

17-9

approved by the director of the department of environmental management in coordination with

17-10

the office of strategic planning of the division of planning so as to evaluate all critical aspects of

17-11

the system, compare performance with capabilities and expectations, and provide a basis for

17-12

continuing water supply planning at the system, municipal, regional, and state levels;

17-13

      (iv) Demand management measures that will achieve a high level of efficiency in the use

17-14

of a limited resource, through the application of metering of one hundred percent (100%) of the

17-15

water used; sanitary device retrofit; technical assistance to and performance of and compliance

17-16

with water use audits for major industrial, commercial, institutional, government, and

17-17

governmental, agricultural and other outdoor water users; education and information; and use of

17-18

appropriate fees, rates, and charges to influence use demand management measures shall include

17-19

such restrictions on use; as may be necessary to meet or exceed targets for water use, including

17-20

seasonal use, that are established by the water resources board; and the water resources board is

17-21

hereby expressly directed and authorized to establish and maintain no later than July 31, 2010 by

17-22

rule targets for water use and methods for achieving the targets, which shall as appropriate take

17-23

into account differing conditions among watershed and water supply areas;

17-24

      (v) System management measures to insure that the following elements are optimally

17-25

operated and maintained, including: leak detection and repair; meter installation and replacement;

17-26

and frequency of reading meters. Maintenance or reduction of non-account water leakage to

17-27

stated goals shall be considered an essential component of system management;

17-28

      (vi) Supply management measures to insure present and future availability of drinking

17-29

water in adequate quantity and quality, including protection of the capacity and quality of

17-30

drinking water sources; retaining water sources for standby or future use that are or can be

17-31

improved to drinking water quality; reactivation of any water sources not in use; interconnection

17-32

of systems for ongoing, standby, or emergency use; supply augmentation;

17-33

      (vii) Emergency management, including risk assessment; responses to temporary or

17-34

permanent loss of supplies due to natural or manmade causes; extraordinary treatment processes;

18-1

interruptions in the delivery system; and contamination of water sources or delivery systems;

18-2

      (viii) The water supply system management plans of water suppliers shall document that

18-3

coordination has been accomplished with those plans of other suppliers in the vicinity and with

18-4

operators of wastewater treatment and disposal facilities serving all or part of the same area or

18-5

that a good faith effort to do so has been made. Plans shall be consistent with applicable local

18-6

comprehensive plans and shall be integrated into the water supply plans of the municipality or

18-7

municipalities in which the service area is or is planned to be located. Conversely, the local

18-8

comprehensive plans shall be consistent with water supply plans;

18-9

      (ix) Water supply system management plans shall designate the person or organization

18-10

responsible for taking each action, others who must participate, and the time period in which each

18-11

action is to be taken. The capital, operating, and maintenance cost (if any) of each action shall be

18-12

estimated and the anticipated source of funds shall be identified;

18-13

      (x) Water suppliers subject to this chapter shall utilize methods to implement

18-14

management measures necessary to achieve the findings, intent, and objectives of this chapter.

18-15

The water supplier may be required to document the validity or effectiveness of any management

18-16

measure, implementation method, or other provision or action included in its plan.

18-17

      (2) The water quality protection component of the water supply system management

18-18

plan shall include, without limitations, those items enumerated in section 46-15.3-7.

18-19

      (3) The leak detection and repair component of the water supply system management

18-20

plan shall include, without limitation:

18-21

      (i) Methodology for leak detection;

18-22

      (ii) Detailed program for the conducting of required repairs to the water supply system;

18-23

      (iii) Impact assessment studies on the ability of the supplier to provide for peak demand

18-24

services;

18-25

      (iv) A priority list of actions for implementing these management measures;

18-26

      (v) Every supplier of public water encompassed under this section shall conduct periodic

18-27

leak detection consistent with stated goals for non-account water leakage, however no less

18-28

frequently than once every ten (10) years.

18-29

     46-15.3-7.5. Completion and filing of water supply system management plans. -- (a)

18-30

Each party required by this chapter to prepare and maintain a water supply system management

18-31

plan shall complete and adopt an initial plan adhering to the schedule as previously approved by

18-32

the water resources board.

18-33

      (b) Municipalities and water suppliers subject to the requirements of section 46-15.3-5.1

18-34

of this chapter shall file a copy of all plans and amendments thereto with the water resources

19-1

board. The plans shall be treated as confidential documents.

19-2

      (c) The water resources board shall establish procedures that permit parties that review

19-3

the plans under rules adopted by the water resources board to obtain sensitive information

19-4

essential to performance of their reviews, including minimum measures necessary to transmit,

19-5

use, store, and maintain such sensitive information under conditions that insure its security to the

19-6

maximum possible. These procedures may include designation of those persons within each

19-7

reviewing agency authorized to use or inspect sensitive information, and exclusion of all others.

19-8

An executive summary containing an:

19-9

      (1) Introduction;

19-10

      (2) Background;

19-11

      (3) A general system description containing:

19-12

      (i) Water supply sources;

19-13

      (ii) Water treatment facilities;

19-14

      (iii) Storage facilities;

19-15

      (iv) Pumping stations;

19-16

      (v) Raw water and finished water transmission facilities;

19-17

      (vi) Distribution facilities including low to high service;

19-18

      (vii) Planned extensions;

19-19

      (viii) Interconnections;

19-20

      (ix) Populations served and projections;

19-21

      (x) Major users;

19-22

      (xi) Metering;

19-23

      (xii) Legal agreements;

19-24

      (xiii) Non-account water Leakage;

19-25

      (xiv) Demand management;

19-26

      (xv) Supply management;

19-27

      (xvi) Available water;

19-28

      (xvii) Safe yield;

19-29

      (xviii) Anticipated future demands;

19-30

      (xix) Capital improvement;

19-31

      (xx) Rate structure;

19-32

      (xxi) Financial management;

19-33

      (xxii) Emergency management;

19-34

      (xxiii) Water supply source protection; and

20-1

      (xxiv) General policies shall be developed.

20-2

      (4) This summary shall be distributed as the public document. The water resources board

20-3

shall be authorized to recover and secure water supply management plans and water supply

20-4

system management plans previously distributed to other than water resources board and

20-5

designated review agencies and replaced by executive summaries as provided herein.

20-6

      (d) Municipalities and water suppliers subject to section 46-15.3-5.1 shall review their

20-7

plans at least once every five (5) years, and shall amend or replace their plan so as as may be

20-8

necessary to remain current.

20-9

      (e) Additionally, on a thirty (30) month basis, each supplier shall report to the water

20-10

resources board on the status of their plan implementation and shall provide the following

20-11

information; metered source production; wholesale water sales and purchases; gross retail water

20-12

sales; retail water sales by customer category beginning no later than first scheduled five (5) year

20-13

plan update; calculation of non-account water; and number of customers served.

20-14

      (f)(e) A municipality or water supplier subject to section 46-15.3-5.1 of this chapter may

20-15

request, in writing, that the water resources board extend the time in which to complete and

20-16

submit filings required by this chapter, not to exceed one year. A request shall be approved only

20-17

upon demonstration that an extension is justified by extraordinary circumstances beyond the

20-18

control of the municipality or water supplier. An extension, if approved, shall not waive any of

20-19

the requirements of section 46-15.3-7.6. This provision does not apply to the section on

20-20

emergency management. Should a municipality or water supplier fail to submit a filing as

20-21

provided herein, a determination of non-compliance shall be made by the water resources board.

20-22

     46-15.3-21. Fees, rates and charges. -- (a) The fees, rates, and charges for drinking

20-23

water are a mandatory component of water supply system management.

20-24

      (b) The following factors shall be considered in setting fees, rates, and charges:

20-25

      (1) Recovery of all capital and operating costs, fixed and variable of production,

20-26

conservation, use, management, protection, obtaining, development, procuring, and/or

20-27

transporting water, and its sale at wholesale or retail;

20-28

      (2) Marginal cost pricing;

20-29

      (3) Emergency and drought period surcharges;

20-30

      (4) Seasonal price structures;

20-31

      (5) Difference in costs based upon different points of delivery;

20-32

      (6) The effect of fees, rates, and charges on use of water and, where applicable, on

20-33

wastewater costs and charges;

20-34

      (7) The effect of reducing non-account water leakage to levels consistent with stated

21-1

goals;

21-2

      (8) Preparing, maintaining and implementing water supply system management

21-3

programs; and

21-4

      (9) Notwithstanding any other provisions of law, the Providence water supply board

21-5

shall transfer to the general fund of the city of Providence an amount equal to five percent (5%)

21-6

per annum times the annual gross revenues of the Providence water supply board for the fiscal

21-7

year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not

21-8

be included as part of the Providence water supply board's rates approved by a final unappealable

21-9

order of the public utilities commission for the same three (3) fiscal years.

21-10

      (c) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, all rates and charges

21-11

made by water suppliers which decline as quantity used increased are hereby declared to be no

21-12

longer conducive to sound water supply system management designed to properly conserve,

21-13

develop, utilize, and protect this finite natural resource. The public utilities commission may

21-14

order rates for suppliers of water which either do not vary with quantities used or when there is

21-15

evidence of increasing costs to either the utility or to society, rates which increase as the quantity

21-16

used increases. If the commission finds that changing rates to comply with this section will cause

21-17

a hardship to a class of customers, the commission may order that rates for that class of customers

21-18

be changed to comply with this section over a period of time not to exceed five (5) years.

21-19

      (d) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, the public utilities

21-20

commission may order a reduction in rates consistent with the amount by which a supplier

21-21

exceeds the stated goals for non-account water. "Non-account water" shall be defined as the

21-22

difference between the metered supply and the metered consumption for a specific period

21-23

including an allowance for firefighting. No estimates for non-metered usage, except for the

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firefighting allowance, shall be included in the calculation of accounted for water leakage.

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     46-15.3-22. Billing and collection of fees, rates, and charges. -- (a) Financial support of

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water supply and provision of timely and accurate information on costs to users are mandatory

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components of water supply system management.

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      (b) Bills shall be rendered on a regular schedule for metered usage in the immediately

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preceding time period. Water All water suppliers selling water to other water suppliers or at retail

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shall meter all water delivered and shall maintain and replace meters in accordance with their

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management plans. Water suppliers shall formulate and carry out a program for installation of

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remote reading or automatic radio frequency reading systems. These programs shall be carried

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out initiated not later than July 1, 1996 December 31, 2012.

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      (c) Water suppliers shall develop programs for recording record metered usage and

22-1

billing bill thereafter, at an interval less than one year as determined appropriate, not later than

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July 1, 2001. Alternatively, water suppliers must demonstrate that annual meter reading and

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billing is consistent with the purposes of this chapter quarterly or more frequently by December

22-4

31, 2013.

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      (d) Unless the water supplier already engages in joint billing activities, a water supplier

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selling water at retail shall conduct feasibility studies of joint billing for water supply and

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wastewater treatment and disposal in cooperation with all parties responsible for the latter service

22-8

within the same water supply service area. The water supplier shall evaluate arrangements with

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municipalities and wastewater treatment and disposal agencies for operation of a combined

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billing system, including equitable sharing of costs.

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     SECTION 9. Sections 46-15.6-5, 46-15.6-6 and 46-15.6-7 of the General Laws in

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Chapter 46-15.6 entitled "Clean Water Infrastructure" are hereby amended to read as follows:

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     46-15.6-5. Completion, filing, approval and implementation of infrastructure

22-14

component. -- (a) Each water supplier required by this chapter to prepare and maintain an

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infrastructure replacement component shall complete and adopt a component two (2) years

22-16

subsequent to the date each party's water supply management plan per section 46-15.3-7.5 is due.

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      (b) Water suppliers subject to the requirements of section 46-15.6-3 shall file a copy of

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all components, only to the extent the components differ from plans filed under section 46-15.3-

22-19

5.1 thereto with the following: the division of drinking water quality of the department of health

22-20

(hereinafter referred to as "the department" ).

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      (c) A water supplier subject to section 46-15.6-3 shall review their components at least

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once every five (5) years and shall modify or replace their components as necessary.

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      (d) The department shall coordinate expeditious review of components prepared by

22-24

water suppliers subject to this chapter. Upon receipt of components prepared by water suppliers

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under this chapter, the department of environmental management's water supply management

22-26

division, or its successor water resources board, and the division of public utilities and carriers

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(for those water suppliers within their jurisdiction) shall have one hundred and twenty (120) days

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to review the components and submit comments thereon to the department. Upon consideration of

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written comments by all agencies designated herein the department shall determine whether the

22-30

component complies with the requirements of this chapter. This determination shall be made

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within eight (8) months of the initial submission. A thirty (30) day public comment period shall

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be included in this eight (8) month review period. Failure by the department to notify water

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suppliers of its determination within the prescribed time limit shall constitute approval.

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      (e) Each water supplier shall implement the requirements of its infrastructure

23-1

replacement program and component, including its infrastructure replacement fund, as mandated

23-2

by this chapter in accordance to rules and regulations promulgated per section 46-15.6-7.

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     46-15.6-6. Financing infrastructure replacement. -- The cost of infrastructure

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replacement programs and indemnification as required by this chapter shall be financed as

23-5

follows:

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      (1) The cost of programs to implement infrastructure replacement shall be paid by the

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water users at a rate directly proportionate to the users' water consumption. The charges shall be

23-8

limited to those necessary and reasonable to undertake the actions required by this chapter. These

23-9

charges shall be based upon the annual funding requirements of the facility improvements

23-10

necessitated over each successive twenty (20) year period. Interest earned on money in this

23-11

infrastructure replacement fund shall be credited to this infrastructure replacement fund.

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      (2) Each water supplier designated in section 46-15.6-3 shall establish a special account

23-13

designated as the infrastructure replacement fund to be held as a restricted receipt account and to

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be administered by the water supplier solely to implement and carry out the replacement of

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infrastructure as required by this chapter.

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      (3) Any money which may accumulate in the infrastructure replacement fund in excess

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of that needed to implement the annual infrastructure replacement program or in excess of that

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exclusively pledged to repayment of outstanding bonds or notes or loan repayments to implement

23-19

the infrastructure replacement program shall revert to the rate payers of that particular system on

23-20

a biannual basis.

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      (4) Each water supplier designated in section 46-15.6-3 may, as a complete or partial

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alternative to direct funding of its infrastructure replacement program, finance its infrastructure

23-23

replacement program through bonding. The annual debt service of each bond or bonds shall be

23-24

applied and credited towards the annual requirement of the infrastructure replacement program's

23-25

annual funding requirements.

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      (5) The Rhode Island public utilities commission, as to water suppliers within its

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jurisdiction, shall permit an increase for just and reasonable infrastructure replacement in the

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portion of the water suppliers' rate structure to comply with this chapter and shall allow the water

23-29

supplier to add this required funding to its rate base in accordance with this chapter.

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     46-15.6-7. Rules governing content of programs, components, review, evaluation,

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funding, and implementation. -- The department with the concurrence of the department of

23-32

environmental management's water supply management division or its successor water resource

23-33

board, and the Rhode Island public utilities commission, as to water suppliers within its

23-34

jurisdiction, shall forthwith promulgate rules and regulations for the review of components as

24-1

pertains to financial forecasts of facility replacement, improvement requirements and fiscal

24-2

controls and accounting depreciation standards per section 46-15.6-4(a)(1) and (a)(2). The

24-3

department with the concurrence of the department of environmental management's water supply

24-4

management division or its successor water resource board, and the Rhode Island public utilities

24-5

commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards

24-6

which it will use to evaluate the implementation of approved components, programs and funding

24-7

mechanisms.

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     SECTION 10. This act shall take effect upon passage.

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION - THE WATER USE AND GOVERNMENT

EFFICIENCY ACT OF 2009

***

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     This act would amend various statutes in order to promote a more efficient use of the

25-2

state water supply.

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     This act would take effect upon passage.

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LC01344/SUB A

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2009 -- S 732 H.

SUBSTITUTE A

A N A C T

RELATING TO WATERS AND NAVIGATION - THE WATER USE AND GOVERNMENT

EFFICIENCY ACT OF 2009

=======

LC01344/SUB A

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Presented by