Section 815-RICR-50-00-1.1 - Authority and PurposeA. Fuel Price Emergency Surcharge Program Rules Towers Taxicabs and Limited Public Motor Vehicles Water Carriers Introduction: Under R.I. Gen. Laws § 42-35-3, an agency promulgating new rules or regulations must: 1. give at least thirty (30) days notice of its intended action; 2. afford all interest persons reasonable opportunity to submit data, views or arguments, either orally or in writing; 3. demonstrate the need for the adoption of the rule; and 4. determine whether such action would have a significant adverse economic impact on small business or any city or town. B. The Division of Public Utilities and Carriers (the "Division") endeavored to fulfill all of the requirements set forth in R.I. Gen. Laws § 42-35-3. However, the circumstances under which this rule was promulgated, prevented the Division from complying with these requirements precisely. On July 13, 2001, The Rhode Island General Assembly passed Senate Bill 01-0978, as amended, which was enacted as Public Law Chapter 307. This law, which, in part, amends R.I. Gen. Laws § 39-12-13, requires the Administrator of the Division of Public Utilities and Carriers to ".implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform 'drive away-tow away operations' shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per towing job, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon." In addition, this law, amends R.I. Gen. Laws § 39-14-2.2, and requires the Administrator of the Division of Public Utilities and Carriers to ".implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per fare, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon." This law also amends R.I. Gen. Laws § 39-12-13, and requires the Administrator of the Division of Public Utilities and Carriers to ".implement a diesel price emergency surcharge program whereby a person licensed under R.I. Gen. Laws §§ 39-3-3, 39-3-3.1, or 39-3-4 to perform as a 'commom (sic) carrier of persons and/or property upon water between termini within the state' shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesal (sic) fuel in this state exceeds one dollar and twenty cents ($1.20) per gallon." This law also mandated the Division to implement fuel price emergency surcharge programs for towers, taxicab and limited public motor vehicle operators, and water carriers, before September 1, 2001. Such requirement is equivalent to the required demonstration of need under R.I. Gen. Laws § 42-35-3(a)(3) and supersedes the requirement of an economic impact analysis as set forth in R.I. Gen. Laws § 42-35-3(3)(a)(4). The Division published notice in the Providence Journal, on August 3, 2001, informing the public that the Division would be conducting public hearings on these matters on August 22 and 23, 2001. The duly noticed public hearings fulfilled the requirements of R.I. Gen. Laws § 42-35-3(a)(2). After carefully considering all testimony and evidence presented at those hearings, the Division, on August 30, 2001, issued Orders 16699 (relating to Towers), 16700 (relating to Taxicabs and Limited public motor vehicles) and 16701 (relating to water carriers,) on August 30, 2001. The aforementioned Orders implemented the following rules for the implementation of fuel price emergency surcharge programs: 815 R.I. Code R. 815-RICR-50-00-1.1