§46-15.2-5  Application to assistance program. –

Published: 2015

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Waters and Navigation

CHAPTER 46-15.2

Water Facilities Assistance Program

SECTION 46-15.2-5

   § 46-15.2-5  Application to assistance

program. –

(a) Applicants shall submit projects proposed for assistance under this program

to the water resources board, in the form and content prescribed by the board.

The board shall coordinate the review and disposition of all applications by

all agencies concerned in an expeditious manner. The board shall incorporate

the information required by all agencies to conduct their review of proposals

in its application documents.

   (b) Upon receipt of an application, the board shall determine

whether the application is complete and contains all necessary information.

Incomplete applications shall be returned to the applicants. Complete

applications shall be formally acknowledged by the board.

   (c) The board shall forward a copy of each application

accepted to the division of public utilities and carriers, to the state

planning council, to the department of health and to the department of

environmental management. Review of applications by these agencies shall be

conducted concurrently.

   (d) The water resources board shall evaluate each application

to determine whether all requirements of §§ 46-15-1 and 46-15-3 have

been met, and shall further ensure that:

   (1) Design and engineering of the project are sound, as

provided in § 46-15.2-4(g);

   (2) The applicant has adequately demonstrated that a need

exists in its community for the water that would be provided by the project;

   (3) The project links a water source with a water

distribution system, as set forth in § 46-15.2-4(e);

   (4) The distribution system owned or to be owned by the

applicant has or will continue to have sufficient capacity to carry the

projected volumes of water, as set forth in § 46-15.2-4(e);

   (5) The proposed water source is adequate to meet the

applicant's needs and will have sufficient capacity to serve all future demands

imposed by the applicant in combination with all other users, as set forth in

§ 46-15.2-4(e);

   (6) The quality of the water meets the standards established

by the Rhode Island department of health water quality regulations for the

purpose intended, as provided in § 46-15.2-4(f);

   (7) The project incorporates sound conservation techniques as

provided in § 46-15.1-5; and

   (8) The project is properly related to all other water

systems serving adjacent or nearby areas in terms of interconnections and

mutual support.

   (e) The division of public utilities and carriers shall

review the financing aspects of all projects, particularly with respect to

costs that will be imposed on water users as a result of the project. The

division shall perform an analysis of the proposed costs and benefits of the

project and shall, on the basis of its findings, make a determination as to

whether approval of the project is in the best interests of the water users. If

the division determines the project is in the best interests of the water

users, it shall approve the project. If the division determines that the

project is not in the best interests of the water users, it shall disapprove

the project. Since the division's review must be based on estimated costs and

interest rates, the full financing costs will not be precisely known. The

absence of specificity concerning the finance of costs must be considered by

the division.

   (f) The state planning council shall review all proposed

projects to determine whether they are consistent with all relevant elements of

the state guide plan. Upon determination that a project is consistent with all

relevant elements of the state guide plan, the state planning council shall

render its approval. Upon a determination that the project is not consistent

with all relevant elements of the state guide plan, the council shall

disapprove the project. The state planning council will provide the policy

framework necessary to guide this program through the state guide plan.

History of Section.

(P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1990, ch. 461, § 7;

P.L. 1999, ch. 461, § 3.)