State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-3 > 46-15-3-5

SECTION 46-15.3-5

   § 46-15.3-5  Water quality protectioncharge. – (a) There is hereby imposed on each supplier of water, for the purpose ofprotecting the quality and safety of the public supply of water, a charge to beknown as a "water quality protection charge" based upon billings for sales ofevery supplier of public drinking water at the rate of two and ninety twohundredth cents ($.0292) per one hundred (100) gallons of each sale, whetherthe water is used for drinking or other purposes. No supplier shall impose awater quality protection charge upon sales to other suppliers of drinkingwater. Except as provided in subsections (c), (d) and (e) hereof, the suppliershall add any water quality protection charge imposed hereunder to the saleprice, and, when added, the water quality protection charge shall constitute apart of the price and shall also be a debt from the purchaser to the supplierand be collectible in the same manner and have the benefit of any lien providedfor the amounts due for water charges from the purchaser to the supplier.Provided, however, the water quality protection charge shall not be subject tothe sales and use tax. Subject to the provisions of § 39-1.1-1 for thosesuppliers which are public utilities, all suppliers may terminate service forfailure of purchasers to pay the water quality protection charge.

   (b) Any water quality protection charge imposed hereundershall not take effect earlier than January 1, 1989; provided, however, theincrease in water quality protection charge by one and one-third cents($0.01333) established by P.L. 1990, Ch. 65, Art. 39, § 1 shall takeeffect and be chargeable on all billings for water sales made by a supplier onand after July 1, 1991.

   (c) Each supplier shall provide for the exemption from thewater quality protection charge, for any sale to a purchaser sixty-five (65)years of age and over purchasing water for the personal consumption of thatperson and other members of the person's household under reasonable rules andregulations.

   (d) All commercial agricultural producers, including thosewho provide food and fiber, shall be exempt for that amount of water used toirrigate commercial crops either in fields or greenhouses, provided, that theproducers have a conservation plan on file with their respective soilconservation districts.

   (e) No water quality protection charge shall be imposed onthat portion of such supplier's retail billing representing potable waterfurnished to customers by purchase of water in its finished, potable form fromsources outside the state. The water quality protection charge imposed by asupplier purchasing potable water from outside the state shall be pro rataimposed on such supplier's retail billings for that portion of potable watersupplied from within the state in accordance with rules and regulations to befinally promulgated by the water resources board on or before September 1, 1992.

   (f) If any supplier of water fails to pay the water qualityprotection charge imposed upon it, upon determination by the water resourcesboard of failure to pay and the amount unpaid, there shall be withheld from anystate aid or grants of any nature due such supplier an equivalent amount andsuch monies shall be transferred to the appropriate water quality protectionfund created under § 46-15.3-10.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-3 > 46-15-3-5

SECTION 46-15.3-5

   § 46-15.3-5  Water quality protectioncharge. – (a) There is hereby imposed on each supplier of water, for the purpose ofprotecting the quality and safety of the public supply of water, a charge to beknown as a "water quality protection charge" based upon billings for sales ofevery supplier of public drinking water at the rate of two and ninety twohundredth cents ($.0292) per one hundred (100) gallons of each sale, whetherthe water is used for drinking or other purposes. No supplier shall impose awater quality protection charge upon sales to other suppliers of drinkingwater. Except as provided in subsections (c), (d) and (e) hereof, the suppliershall add any water quality protection charge imposed hereunder to the saleprice, and, when added, the water quality protection charge shall constitute apart of the price and shall also be a debt from the purchaser to the supplierand be collectible in the same manner and have the benefit of any lien providedfor the amounts due for water charges from the purchaser to the supplier.Provided, however, the water quality protection charge shall not be subject tothe sales and use tax. Subject to the provisions of § 39-1.1-1 for thosesuppliers which are public utilities, all suppliers may terminate service forfailure of purchasers to pay the water quality protection charge.

   (b) Any water quality protection charge imposed hereundershall not take effect earlier than January 1, 1989; provided, however, theincrease in water quality protection charge by one and one-third cents($0.01333) established by P.L. 1990, Ch. 65, Art. 39, § 1 shall takeeffect and be chargeable on all billings for water sales made by a supplier onand after July 1, 1991.

   (c) Each supplier shall provide for the exemption from thewater quality protection charge, for any sale to a purchaser sixty-five (65)years of age and over purchasing water for the personal consumption of thatperson and other members of the person's household under reasonable rules andregulations.

   (d) All commercial agricultural producers, including thosewho provide food and fiber, shall be exempt for that amount of water used toirrigate commercial crops either in fields or greenhouses, provided, that theproducers have a conservation plan on file with their respective soilconservation districts.

   (e) No water quality protection charge shall be imposed onthat portion of such supplier's retail billing representing potable waterfurnished to customers by purchase of water in its finished, potable form fromsources outside the state. The water quality protection charge imposed by asupplier purchasing potable water from outside the state shall be pro rataimposed on such supplier's retail billings for that portion of potable watersupplied from within the state in accordance with rules and regulations to befinally promulgated by the water resources board on or before September 1, 1992.

   (f) If any supplier of water fails to pay the water qualityprotection charge imposed upon it, upon determination by the water resourcesboard of failure to pay and the amount unpaid, there shall be withheld from anystate aid or grants of any nature due such supplier an equivalent amount andsuch monies shall be transferred to the appropriate water quality protectionfund created under § 46-15.3-10.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-15-3 > 46-15-3-5

SECTION 46-15.3-5

   § 46-15.3-5  Water quality protectioncharge. – (a) There is hereby imposed on each supplier of water, for the purpose ofprotecting the quality and safety of the public supply of water, a charge to beknown as a "water quality protection charge" based upon billings for sales ofevery supplier of public drinking water at the rate of two and ninety twohundredth cents ($.0292) per one hundred (100) gallons of each sale, whetherthe water is used for drinking or other purposes. No supplier shall impose awater quality protection charge upon sales to other suppliers of drinkingwater. Except as provided in subsections (c), (d) and (e) hereof, the suppliershall add any water quality protection charge imposed hereunder to the saleprice, and, when added, the water quality protection charge shall constitute apart of the price and shall also be a debt from the purchaser to the supplierand be collectible in the same manner and have the benefit of any lien providedfor the amounts due for water charges from the purchaser to the supplier.Provided, however, the water quality protection charge shall not be subject tothe sales and use tax. Subject to the provisions of § 39-1.1-1 for thosesuppliers which are public utilities, all suppliers may terminate service forfailure of purchasers to pay the water quality protection charge.

   (b) Any water quality protection charge imposed hereundershall not take effect earlier than January 1, 1989; provided, however, theincrease in water quality protection charge by one and one-third cents($0.01333) established by P.L. 1990, Ch. 65, Art. 39, § 1 shall takeeffect and be chargeable on all billings for water sales made by a supplier onand after July 1, 1991.

   (c) Each supplier shall provide for the exemption from thewater quality protection charge, for any sale to a purchaser sixty-five (65)years of age and over purchasing water for the personal consumption of thatperson and other members of the person's household under reasonable rules andregulations.

   (d) All commercial agricultural producers, including thosewho provide food and fiber, shall be exempt for that amount of water used toirrigate commercial crops either in fields or greenhouses, provided, that theproducers have a conservation plan on file with their respective soilconservation districts.

   (e) No water quality protection charge shall be imposed onthat portion of such supplier's retail billing representing potable waterfurnished to customers by purchase of water in its finished, potable form fromsources outside the state. The water quality protection charge imposed by asupplier purchasing potable water from outside the state shall be pro rataimposed on such supplier's retail billings for that portion of potable watersupplied from within the state in accordance with rules and regulations to befinally promulgated by the water resources board on or before September 1, 1992.

   (f) If any supplier of water fails to pay the water qualityprotection charge imposed upon it, upon determination by the water resourcesboard of failure to pay and the amount unpaid, there shall be withheld from anystate aid or grants of any nature due such supplier an equivalent amount andsuch monies shall be transferred to the appropriate water quality protectionfund created under § 46-15.3-10.