Section 490-RICR-00-00-7.3 - ApplicabilityA. The water quality protection charge shall be imposed per R.I. Gen. Laws § 46-15.3-5, as amended. 1. Exemptions from water quality protection charges for elderly customers shall be made only upon proper application and qualifications. These exemptions shall be applied prospectively only to billings rendered after application and qualification and the attainment of age 65.2. Suppliers shall require proof of age in the same manner as the supplier requires proof of age to support applications for exemptions from or freezes on local property taxes, if applicable. If not applicable, suppliers shall require proof of age by means such as a driver's license or a birth certificate. To be eligible for the elderly exemption, the property for which the exemption is sought must be occupied by the elderly person seeking the exemption and water service must be in the name of the elderly person seeking the exemption. The elderly exemption shall apply only to that portion of the property occupied by the elderly person and the members of the elderly person's household. "Household" as used herein means one or more persons occupying a dwelling unit and living as a single non-profit housekeeping unit. "Household" does not include bona fide lessees, tenants or roomers, and boarders on contract.3. The water quality protection charge shall be pro-rated by the number of living units to provide for only such portion of the premises occupied by the elderly person or his or her household to benefit from the exemption. For example, if an elderly person seeking an exemption occupies one unit of a three-unit apartment house metered in the name of the elderly person, the elderly person will qualify for an exemption from only 1/3 of the water quality protection charge.4. Elderly exemptions shall continue only so long as qualification for exemption continues in all respects.B. All commercial agriculture producers shall be exempt from the imposition of the water quality protection charge for that amount of water used to irrigate commercial crops either in the fields or green houses provided that said producers have a conservation plan on file with their respective conservation district.C. No water quality protection charge shall be imposed on that portion of a supplier's retail billing representing potable water furnished to customers by purchase of water in its finished, potable form from sources outside the state. The water quality protection charge imposed on a supplier purchasing water from outside the state shall be pro rata imposed on such supplier's retail billings for that portion of potable water supplied from within the state. For each billing, suppliers shall provide the Board such supplier's gross water production, distribution, and other data demonstrating to the Board the reasonableness of the supplier's apportionment of finished potable water generated from sources within and outside the state. The Board shall notify the Bank of any contested matters arising between the Board and a supplier under this section.490 R.I. Code R. 490-RICR-00-00-7.3
Amended effective 12/19/2018
Amended effective 2/14/2019