§ 45-2-35.2. Town of Narragansett — Landing fee.
(a) The town of Narragansett is hereby authorized to charge, assess, or otherwise collect
a one dollar ($1.00) landing fee on each passenger over the age of twelve (12) arriving
in the Port of Galilee, Narragansett, Rhode Island, by public or private boat; provided,
however, that this provision shall not apply to vessels when they are engaged in commercial
fishing. All fees collected, less expenses of collection, if any, shall be utilized
by the town of Narragansett to protect the health, safety, and welfare of all passengers,
including, but not limited to, emergency medical services; acquisition of both personal
and real property to provide support to the ferry passengers; and to establish a fund
to assist the town of Narragansett in resolving problems that arise due to the impact
of vessels landing passengers in the town of Narragansett. The town of Narragansett
may enter into agreements with any common carriers by water operating in the town
of Narragansett and any operator of a marina in the town of Narragansett authorizing
the common carrier or marina operator to collect the landing fee on behalf of the
town of Narragansett. The agreement shall provide for the payment of a reasonable
fee, not to exceed fifteen percent (15%) of the landing fee, by the town to the common
water carrier or marina operator and indemnification of the water carrier or marina
operator from and against any liability to, or claim of liability by, third parties,
arising from the collection of the boarding fee. All such common carriers shall collect
the landing fee on behalf of the town of Narragansett, by including the amount of
the fee in its rate and charge to adult passengers without the necessity of approval
of the landing fee from the public utilities commission ("PUC�) or the division of
public utilities and carriers ("DPUC�) under title 39. The landing fee authorized
by this chapter does not apply to any persons receiving free transportation from the
public utility under § 39-2-5. The town council of the town of Narragansett shall promulgate rules and regulations
to implement the provisions of this section. The town of Narragansett may seek no
fees from the common carriers other than those set forth in this section; provided,
however, that this sentence shall not preclude the taxation of property, but not the
vessels, of the common carriers pursuant to title 44.
(b) The rate relief previously authorized by the PUC for Interstate Navigation Company
in 1997 (PUC Docket No. 2484) which authorized the increase of Interstate Navigation
Company's rates (except the Block Island Passenger Commuter Rate) by one and four-tenths
percent (1.4%) in order to pay for property taxes assessed against Interstate Navigation
Company's vessels by the town of Narragansett shall continue in full force and effect
until June 1, 2002. Notwithstanding the restriction placed by the PUC on the money
collected by Interstate Navigation Company pursuant to this rate relief, the money
shall be disposed of as follows: (1) From the monies collected as of June 30, 2001,
Interstate Navigation Company shall make a one-time payment to the town of Narragansett
of eighty-five thousand dollars ($85,000) and the town of Narragansett shall be authorized
to retain the fifteen thousand dollars ($15,000) previously paid to it by Interstate
Navigation Company; (2) The balance of the funds collected as of June 30, 2001, are
to be invested in equipment and facilities to serve the rate payers of Interstate
Navigation Company subject to DPUC subsequent verification of that investment. If
a dispute arises regarding the disposition of the funds as set forth in this section,
then the DPUC or Interstate Navigation Company may petition the PUC for review, and
the decision of the PUC shall be final and binding and not appealable. For purposes
of this section, the use of such funds by Interstate Navigation Company for: (1) The
repair and/or replacement of the bulkhead and related facilities at Interstate's Block
Island facility; or (2) Interstate's expenses related to the construction of its new
terminal facility in Galilee, including the construction of facilities for the connector
road lots; and/or (3) The pre-payment of principal and related pre-payment fees on
the loan outstanding for the M/V Block Island, shall be deemed to be equipment and
facilities that serve the rate payers of Interstate Navigation and shall not be subject
to any prior review or approval by the DPUC and/or PUC; provided that subsequent verification
and approval shall remain within the purview of the DPUC and PUC for rate making purposes.
Any expenditures out of the funds collected as of June 30, 2001, for any other purposes
shall require the prior approval of the DPUC to assure that the proposed expenditures
are in the best interest of the rate payers. If a dispute arises between Interstate
Navigation Company and the DPUC as to such proposed expenditures, then the DPUC or
Interstate Navigation Company may petition the PUC for review.
(c) From the funds collected between July 1, 2001, and May 31, 2002, one-third (â…“) of
the total shall be paid to the town of Narragansett in June, 2002, and the balance
shall be retained by Interstate Navigation Company to be invested in equipment and
facilities to serve the rate payers of Interstate Navigation Company. Interstate Navigation
Company shall be required to obtain the prior approval of the DPUC in order to expend
these funds. If a dispute arises regarding the disposition of these funds as set forth
in this section, the DPUC or Interstate Navigation Company may petition the PUC for
review.
(d) As to property over which the town of Narragansett has regulatory control, the town
of Narragansett may not prohibit overnight parking on private property and currently
existing parking lots in Galilee, and there will be no mandatory offsite parking for
cars in Galilee.