State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-2 > 46-15-2-6

SECTION 46-15.2-6

   § 46-15.2-6  Decision on application andfinancing. – (a) Except as provided in § 46-15.2-4(d) with respect to intersystemfacilities, no project shall be approved by the water resources board unlessthe project has been approved by the division of public utilities and carriers,as set forth in § 46-15.2-5(e), by the state planning council, as setforth in § 46-15.2-5(f), and by the department of the environmentalmanagement. The water resources board shall approve the project based upon itsfinding of fact, as provided in § 46-15.2-5(d)(1) through (d)(8), and uponapproval by the division of public utilities and carriers, the state planningcouncil, and the department of the environmental management. A projectdisapproved by either the division of public utilities and carriers, the stateplanning council, the department of health or the department of environmentalmanagement shall not be approved by the water resources board.

   (b) The water resources board shall not approve atransmission facility project and intersystem facility project unless theapplicant first adequately demonstrates that its seventy-five percent (75%)share or fifty percent (50%) share, as the case may be, of the project cost isavailable and obligated to the project.

   (c) The water resources board shall not approve a projectunless sufficient state funds to provide the state's share of the project costare available.

   (d) The water resources board shall ensure that the state'sshare of a project cannot be used by or transferred to a private orinvestor-owned water company.

   (e) Upon approval of a proposed project as set forth in§ 46-15.2-5, the water resources board shall so notify the applicant andshall establish the amount of state participation in the project representingthe appropriate state share of eligible costs as determined from theapplication. Costs incurred in excess of those set forth in the applicationshall not automatically increase the amount of state participation. However,the applicant may submit a subsequent proposal, in accordance with §46-15.2-4 and 46-15.2-5, that requests state participation in those costs. Ifthe project is completed at a cost below that set forth in the application, theamount of state participation shall be reduced proportionately.

   (f) The water resources board shall establish a schedule bywhich state funds shall be paid to the applicant that ensures that funds aredisbursed only when required for the project.

   (g) The water resources board is empowered to issue rules andregulations to provide proper security for the state's grant-in-aid for eachapproved project.

   (h) The water resources board may condition the approval ofany intersystem facilities project on the applicant agreeing that it will notcharge any water system which uses such a facility an amount in excess of itscosts for purchase, production, and transmission of water to the user, and anappropriate portion of its cost of repair, maintenance, and replacement of thefacility based upon the capacity allocated to the user.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-2 > 46-15-2-6

SECTION 46-15.2-6

   § 46-15.2-6  Decision on application andfinancing. – (a) Except as provided in § 46-15.2-4(d) with respect to intersystemfacilities, no project shall be approved by the water resources board unlessthe project has been approved by the division of public utilities and carriers,as set forth in § 46-15.2-5(e), by the state planning council, as setforth in § 46-15.2-5(f), and by the department of the environmentalmanagement. The water resources board shall approve the project based upon itsfinding of fact, as provided in § 46-15.2-5(d)(1) through (d)(8), and uponapproval by the division of public utilities and carriers, the state planningcouncil, and the department of the environmental management. A projectdisapproved by either the division of public utilities and carriers, the stateplanning council, the department of health or the department of environmentalmanagement shall not be approved by the water resources board.

   (b) The water resources board shall not approve atransmission facility project and intersystem facility project unless theapplicant first adequately demonstrates that its seventy-five percent (75%)share or fifty percent (50%) share, as the case may be, of the project cost isavailable and obligated to the project.

   (c) The water resources board shall not approve a projectunless sufficient state funds to provide the state's share of the project costare available.

   (d) The water resources board shall ensure that the state'sshare of a project cannot be used by or transferred to a private orinvestor-owned water company.

   (e) Upon approval of a proposed project as set forth in§ 46-15.2-5, the water resources board shall so notify the applicant andshall establish the amount of state participation in the project representingthe appropriate state share of eligible costs as determined from theapplication. Costs incurred in excess of those set forth in the applicationshall not automatically increase the amount of state participation. However,the applicant may submit a subsequent proposal, in accordance with §46-15.2-4 and 46-15.2-5, that requests state participation in those costs. Ifthe project is completed at a cost below that set forth in the application, theamount of state participation shall be reduced proportionately.

   (f) The water resources board shall establish a schedule bywhich state funds shall be paid to the applicant that ensures that funds aredisbursed only when required for the project.

   (g) The water resources board is empowered to issue rules andregulations to provide proper security for the state's grant-in-aid for eachapproved project.

   (h) The water resources board may condition the approval ofany intersystem facilities project on the applicant agreeing that it will notcharge any water system which uses such a facility an amount in excess of itscosts for purchase, production, and transmission of water to the user, and anappropriate portion of its cost of repair, maintenance, and replacement of thefacility based upon the capacity allocated to the user.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-2 > 46-15-2-6

SECTION 46-15.2-6

   § 46-15.2-6  Decision on application andfinancing. – (a) Except as provided in § 46-15.2-4(d) with respect to intersystemfacilities, no project shall be approved by the water resources board unlessthe project has been approved by the division of public utilities and carriers,as set forth in § 46-15.2-5(e), by the state planning council, as setforth in § 46-15.2-5(f), and by the department of the environmentalmanagement. The water resources board shall approve the project based upon itsfinding of fact, as provided in § 46-15.2-5(d)(1) through (d)(8), and uponapproval by the division of public utilities and carriers, the state planningcouncil, and the department of the environmental management. A projectdisapproved by either the division of public utilities and carriers, the stateplanning council, the department of health or the department of environmentalmanagement shall not be approved by the water resources board.

   (b) The water resources board shall not approve atransmission facility project and intersystem facility project unless theapplicant first adequately demonstrates that its seventy-five percent (75%)share or fifty percent (50%) share, as the case may be, of the project cost isavailable and obligated to the project.

   (c) The water resources board shall not approve a projectunless sufficient state funds to provide the state's share of the project costare available.

   (d) The water resources board shall ensure that the state'sshare of a project cannot be used by or transferred to a private orinvestor-owned water company.

   (e) Upon approval of a proposed project as set forth in§ 46-15.2-5, the water resources board shall so notify the applicant andshall establish the amount of state participation in the project representingthe appropriate state share of eligible costs as determined from theapplication. Costs incurred in excess of those set forth in the applicationshall not automatically increase the amount of state participation. However,the applicant may submit a subsequent proposal, in accordance with §46-15.2-4 and 46-15.2-5, that requests state participation in those costs. Ifthe project is completed at a cost below that set forth in the application, theamount of state participation shall be reduced proportionately.

   (f) The water resources board shall establish a schedule bywhich state funds shall be paid to the applicant that ensures that funds aredisbursed only when required for the project.

   (g) The water resources board is empowered to issue rules andregulations to provide proper security for the state's grant-in-aid for eachapproved project.

   (h) The water resources board may condition the approval ofany intersystem facilities project on the applicant agreeing that it will notcharge any water system which uses such a facility an amount in excess of itscosts for purchase, production, and transmission of water to the user, and anappropriate portion of its cost of repair, maintenance, and replacement of thefacility based upon the capacity allocated to the user.