AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF ADMINISTRATION (Provides amendments to procedures necessary for approval of transactions between utilities by giving the public utilities commission jurisdiction; mandates public hearings, allows intervention by any interested party and provides for appeal.)

H7883

2026 -- H 7883
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LC004912
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF
ADMINISTRATION

Introduced By:
Representatives Handy, Kislak, Cortvriend, and Tanzi

Date Introduced:
February 27, 2026

Referred To:
House Corporations
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 39-3-24 and 39-3-25 of the General Laws in Chapter 39-3 entitled
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"Regulatory Powers of Administration" is hereby amended to read as follows:
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39-3-24. Transactions between utilities for which approval required.
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(a)
With the consent and approval of the division, but not otherwise:
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(1) Any two (2) or more public utilities doing business in the same municipality or locality
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within this state, or any two (2) or more public utilities whose lines intersect or parallel each other
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within this state, or furnish a like service or product within this state, may enter into contracts with
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each other that will enable the public utilities to operate their lines or plants in connection with each
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other.
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(b) With the consent and approval of the commission, but not otherwise:
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(2)
(1)
Any public utility may purchase or lease all or any part of the property, assets, plant,
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and business of any other public utility or merge with any other public utility, and in connection
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therewith may exercise and enjoy all of the rights, powers, easements, privileges, and franchises
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theretofore exercised and enjoyed by any other public utility with respect to the property, assets,
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plant, and business so purchased, leased, or merged.
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(3)
(2)
Any public utility may merge with any other public utility or sell or lease all or any
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part of its property, assets, plant, and business to any other public utility, provided that the merger
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or a sale or lease of all or substantially all of its property, assets, plant, and business shall be

1
authorized by a vote of at least two-thirds (⅔) in interest of its stockholders at a meeting duly called
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for the purpose. Any stockholder who shall not have voted in favor of the merger, sale, or lease,
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either in person or by proxy, shall be entitled to the rights, and the corporation shall be subject to
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the duties, obligations, and liabilities set forth in §§ 7-1.2-1201 and 7-1.2-1202 with respect to
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dissenting stockholders and to corporations that sell, lease, or exchange their entire assets
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respectively.
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(4)
(3)
Any public utility may directly or indirectly purchase the stock of any other public
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utility.
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39-3-25. Proceedings for approval of transactions between utilities.
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(a)
The proceedings for obtaining the consent and approval of the
division

commission
for
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such authority shall be as follows: There shall be filed with the
division

commission
a petition,
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joint or otherwise, as the case may be, signed and verified by the president and secretary of the
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respective companies clearly setting forth the object and purposes desired; stating whether or not it
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is for the purchase, sale, lease, or making of contracts or for any other purpose in § 39-3-24
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provided; and also the terms and conditions of the same. The
division

commission
shall upon the
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filing of the petition,
if it deem a hearing necessary,
fix a time and place for the hearing thereof.
If,
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after the hearing, or, in case no hearing is required, the division is satisfied that the prayer of the
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(b)
The petition
should

may not
be granted
; that

unless
the facilities for furnishing service
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to the public will not thereby be diminished
;
and
that
the purchase, sale, or lease and the terms
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thereof are consistent with the public interest
, it shall make such order in the premises as it may
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deem proper and the circumstances may require
.
The public interest includes, but is not limited to,
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an interest in rates, competitive access to markets and elimination of all anti-competitive influence,
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in proper administration and regulation of any utility functions, in environmental protection, in any
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interest addressed in the petition, and in any other purpose of Rhode Island law or policy implicated
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by the proposed transaction.
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(c) The commission shall allow intervention and advocacy of any citizen, business or any
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other group seeking to advocate on or for any such element of the public interest. It shall not deny
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participation on the premise that private commercial interests cannot also be in the public interest
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or that any public interest is otherwise represented by any public agency or any other party.
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(d) Any commission order issued under this section is subject to appellate review under §
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42-35-15.
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SECTION 2. This act shall take effect upon passage.
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LC004912
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF
ADMINISTRATION
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This act would provide amendments to the procedures necessary for approval of
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transactions between utilities, by giving the public utilities commission jurisdiction over the
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approval process rather than the division, mandating public hearings, allowing intervention by any
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interested party and providing for appeal of its decision.
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This act would take effect upon passage.
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LC004912
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