(a)  No common carrier of persons and/or property operating upon water between termini within this state shall hereafter furnish or sell its services unless the common carrier shall first have made application to and obtained a certificate from the division certifying that public convenience and necessity required the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant to this section. Certificates issued under this section shall be renewed before the close of business on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under this section shall be deposited as general revenues; provided, however, that this fee shall not apply to any city or town, to any agency or department of any city or town of the state, or to any nonprofit corporation in the tourism industry.

Terms Used In Rhode Island General Laws 39-3-3

  • Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
  • 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.
  • Division: means the division of public utilities and carriers. See Rhode Island General Laws 39-1-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Public utility: means and includes every company that is an electric distribution company and every company operating or doing business in intrastate commerce and in this state as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph, and pipeline company, and every company owning, leasing, maintaining, managing, or controlling any plant or equipment, or any part of any plant or equipment, within this state for manufacturing, producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly or indirectly, to or for the public, or any cars or equipment employed on, or in connection with, any railroad or street railway for public or general use within this state, or any pipes, mains, poles, wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways, or streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or telegraphic communication service within this state, or any pond, lake, reservoir, stream, well, or distributing plant or system employed for the distribution of water to the consuming public within this state, including the water supply board of the city of Providence; provided, that, except as provided in § 39-16-9 and in P. See Rhode Island General Laws 39-1-2
  • 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

(b)  A copy of any application filed with either the commission or the division by a water common carrier that includes a New Shoreham terminus shall be provided by the water common carrier to the New Shoreham town clerk by certified mail.

(c)  Notwithstanding any provision of §§ 39-5-1 and/or 42-35-15, or any other provision of the general or public laws to the contrary, no agency nor reviewing court may order an interlocutory stay of any order of the division with respect to an application entered under § 39-3-3.1, and/or certificate under § 39-3-3.1. Nothing herein shall be construed to limit the right of any petitioner, public utility, party in interest, or other person or entity aggrieved by an order of the division entered under § 39-3-3.1, from seeking judicial review in accordance with §§ 39-5-1 and/or 42-35-15.

History of Section.
G.L. 1938, ch. 122, § 55; P.L. 1942, ch. 1249, § 1; P.L. 1951, ch. 2795, § 1; P.L. 1954, ch. 3403, § 1; G.L. 1956, § 39-3-3; P.L. 1992, ch. 133, art. 34, § 4; P.L. 1995, ch. 370, art. 40, § 117; P.L. 2002, ch. 73, § 1; P.L. 2002, ch. 361, § 1; P.L. 2004, ch. 580, § 1.