Rhode Island General Laws 45-67-8. Powers of the utility district
The utility district shall have the power:
(1) To acquire the BIPCo assets and to assume the BIPCo debt obligations. The sale by voluntary purchase of such property and the assumption of such obligations shall be negotiated between BIPCo and the utility district; provided, however, that upon acquiring BIPCo assets, the utility district shall assume and fulfill all of BIPCo’s related contractual obligations in full;
(2) To acquire such other real or personal property by voluntary purchase from the owner or owners of the property, and to the extent that the board of utility commissioners deems it advisable, to acquire property held by a corporation through acquisition of the stock of the corporation and dissolution of the corporation;
(3) To acquire real property, fixtures, and rights and interests in real property within its utility service area by eminent domain, except for real property owned in whole or in part by the town of New Shoreham or BIPCo, or real property owned by other utilities, subject to the supervision of the public utilities commission in the manner prescribed in § 39-1-31;
(4) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired under this section all of which, together with the acquisition of the property, are hereby declared to be public purposes;
(5) To produce, purchase, acquire, distribute, and sell electricity at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to lay down, construct, own, operate, maintain, repair, and improve mains, pipes, towers, and other equipment and facilities necessary, appropriate or useful for those purposes within its utility service area, subject to franchise rights of other utilities; and to contract with others for any or all of the foregoing purposes;
(6) To produce, buy, sell, and trade electric capability, power, or energy products or services at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to purchase for its own use or for resale electric transmission service and ancillary services within its utility service area, subject to franchise rights of other utilities; and to engage in any other transaction with respect to electricity or electricity products within its utility service area, subject to franchise rights of other utilities that was heretofore authorized for investor-owned electric companies operating as domestic electric utilities within the state (including participation in generating facilities as authorized by chapter 20 of Title 39); provided, that the utility district shall operate and be subject to regulation of its retail rates for electricity under title 39 when operating within its utility service area;
(7) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of an electric utility;
(8) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area, subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of other utilities, including, but not limited to: communications services such as internet service, high-speed data transfer, local and long-distance telephone service, community antenna television service, and to engage in the operation of such utilities within its utility service area subject to franchise rights of other utilities;
(9) To sue and be sued;
(10) To adopt and alter a corporate seal;
(11) To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any property, real, personal, or mixed, or any interest therein, for its corporate purposes, and to mortgage, pledge, or lease any such property;
(12) To make and adopt bylaws for the management and regulation of its affairs;
(13) To borrow money for any of the purposes or powers granted to it under, or by operation of this chapter, including the creation and maintenance of working capital, and to issue negotiable bonds, notes, or other obligations, to fund or refund the same, and to secure the obligation of such bonds, notes, or other obligations in any case by pledge of, or security interest in, the revenues and property of the utility district;
(14) To fix rates (subject to the requirements of title 39 in the case of retail electric rates within its utility service area) and collect charges for the use of the facilities or services rendered by or any commodities furnished by the utility district; and
(15) To contract in its own name for any lawful purpose that would effectuate the purposes and provisions of this chapter; to execute all instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry into effect and operation the powers granted by this chapter.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
Terms Used In Rhode Island General Laws 45-67-8
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- BIPCo: means the Block Island Power Company. See Rhode Island General Laws 45-67-2
- BIPCo assets: means that real property, personal property, rights in any real and personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises and other tangible or intangible property of any kind owned by BIPCo. See Rhode Island General Laws 45-67-2
- BIPCo debt obligations: means the obligations represented by and inherent in any debt incurred by BIPCo for the purpose of financing any aspect of its electric system or operations, which obligations remain outstanding in any part as of the date when BIPCo ceases to be an electric utility pursuant to § 45-67-8(1). See Rhode Island General Laws 45-67-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Utility district: means the Block Island utility district, a quasi-municipal corporation, having a distinct legal existence from the state, established and empowered by this chapter to:
(i) Fulfill electric utility functions, powers, rights, and obligations;
(ii) Exercise certain powers as an electric distribution company and power producer; and
(iii) Provide additional utility services not inconsistent with the duties, powers and obligations of the utility district as defined in this section. See Rhode Island General Laws 45-67-2
- Utility service area: means that geographic area comprising New Shoreham, Rhode Island. See Rhode Island General Laws 45-67-2