§ 45-48.1-6. Additional powers and limitations. In addition to the powers of the district otherwise provided herein, the district shall have the following powers and shall be subject to the following limitations:

(1) The district is authorized and empowered to fix, revise, charge, collect and abate fees, rates, rents, assessments, delinquency charges and other charges for water, and other services, facilities and commodities furnished or supplied by it including penalties for violations of such regulations as the district may from time to time promulgate under this chapter. Fees, rates, rents, assessments, delinquency charges and other charges of general application shall be adopted and revised by the district in accordance with procedures to be established by the district for assuring that interested persons are afforded notice and an opportunity to present data, views and arguments. Such fees, rates, rents, assessments and other charges may be based on the quantity of water used or the number and kind of water connections made, or the number and kind of plumbing fixtures installed on the estate, or upon the number or average number of persons residing or working in or otherwise connected with the estate, or upon any other factor affecting the use of or the value or cost of the water and water facilities furnished, or upon any combination of these factors. The district shall hold at least one public hearing on its schedule of fees, rates and charges or any revision thereof prior to adoption, notice of which shall be published in a newspaper of substantial circulation in the district at least one month in advance of the hearing. No later than the date of such publication the district shall make available to the public the proposed schedule of fees, rates and charges. Fees, rates, rents, assessments, abatements and other charges established by the district shall not be subject to supervision or regulation by any department, division, district, board, bureau, or agency of the state or any of its political subdivisions, including, without limitation, the public utilities commission and the division of public utilities pursuant to chapters 1 - 5 of title 39.

(2) The fees, rates, rents, assessments and other charges established by the district in accordance with subdivision (1) shall be so fixed and adjusted in respect to the aggregate thereof so as to provide revenues at least sufficient: (i) to pay the current expenses of the district, (ii) to pay the principal of, premium, if any, and interest on bonds, notes, or other evidences of indebtedness issued by the district under this chapter as the same become due and payable, (iii) to create and maintain such reasonable reserves as may be reasonably required by any trust agreement or resolution securing bonds and notes, (iv) to provide funds for paying the cost of all necessary repairs, replacements and renewals of the water works system, and (v) to pay or provide for any amounts which the district may be obligated to pay or provide for by law or contract including any resolution or contract with or for the benefit of the holders of its bonds and notes.

(3) In order to provide for the collection and enforcement of its fees, rates, rents, assessments and other charges, the district is hereby granted all the powers and privileges with respect to such collection and enforcement held by a town of liens for unpaid taxes. In addition to the other enforcement powers and remedies provided in this chapter, if any fees, rates, rents, assessments or other charges billed by the district against any premises which are connected with the water works system remain unpaid for a period of more than sixty (60) days from the due date thereof, and following such period notice and demand have been posted on such premises and have been given to the owner of said premises, by registered or certified mail addressed to said premises and to the address of said owner as shown on the records of the assessor of the town and to occupants of said premises by mail, to pay the same within fifteen (15) days from the date of mailing of said notice, and such fees, rates, rents, assessments or other charges remain unpaid, the district shall have the power and is hereby authorized to shut off the supply of water to said premises until said fees, rates, rents, assessments or other charges and penalties are paid, together with interest thereon at the applicable rate and the standard charge of the district for restoring water service to said premises.

(4) In the month of January of each year the board shall make an annual report to the town council of the town of its activities for the preceding fiscal year and a copy of the annual report shall be submitted to the Water Resources Board and the department of health by February 1. Each report shall set forth a complete operating and financial statement covering its operations during the year. The district shall cause the books, records and accounts of the district to be reviewed or audited by a certified public accountant.

History of Section. (P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.)