Senate Bill #189 (2019)

AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS - THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT

Creates "The Rhode Island Utility Fair Share Roadway Repair Act" which requires public utilities to properly repair and repave roadways affected by the actions of the utility.

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Changes since original draft

  • 2019 – S 0189
  • 2019 – S 0189 SUBSTITUTE A AS AMENDED
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  • LC000501
  • LC000501/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO PUBLIC UTILITIES AND CARRIERS - THE RHODE ISLAND UTILITY
  • FAIR SHARE ROADWAY REPAIR ACT
  • Introduced By: Senators McCaffrey, Lynch Prata, and Goodwin
  • Date Introduced: January 31, 2019
  • Referred To: Senate Commerce
  • RELATING TO PUBLIC UTILITIES AND CARRIERS - THE RHODE ISLAND UTILITY
  • FAIR SHARE ROADWAY REPAIR ACT
  • Introduced By: Senators McCaffrey, Lynch Prata, and Goodwin
  • Date Introduced: January 31, 2019
  • Referred To: Senate Commerce
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND CARRIERS" is hereby amended by adding thereto the following chapter:
  • CHAPTER 2.2
  • THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT
  • 39-2.2-1 Short title.
  • This chapter shall be known and may be cited as the "Rhode Island Utility Fair Share Roadway Repair Act."
  • 39-2.2-2. Road repair by public utility.
  • Any public utility as defined by § 39-1-2 which shall alter, excavate, disrupt or disturb a roadway shall be responsible for complete repaving and repair of the roadway from curbline to curbline.
  • 39-2.2-3. State road repair.
  • Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction of the director of the department of transportation.
  • 39-2.2-4. Municipal road repair.
  • Any repaving and repair of a municipal road required by § 39-2.2-2 shall be to the satisfaction of the applicable municipal public works director or designated municipal representative.
  • 39-2.2-5. Complaint for failure to repair.
  • Within one year of completion of repaving and repair of a roadway by a public utility the director of the department of transportation, with respect to a state roadway, or the municipal public works director or designated municipal representative with respect to a municipal roadway, may file a complaint with the public utility administrator for any insufficient, defective, noncompliant or incomplete repaving or repair of a roadway. The public utility administrator shall immediately set a time for hearing and shall, after notice of the hearing to the public utility and to the official filing the complaint, conduct a hearing to determine whether the public utility failed to comply with the provisions of § 39-2.2-2, and determine what amount, if any, is required for reparation, reconstruction or repaving in compliance with § 39-2.2-2.
  • 39-2.2-6. Recovery for failure to repair.
  • If any payment, determined to be due from any public utility for reparation, reconstruction or repaving shall not be paid to the state or municipality within one year from the date of the determination by the public utility administrator of the amount due from any public utility, the state or municipality shall be entitled to recover the amount due in an action of debt, together with interest from six (6) months from the date of determination of the public utility administrator, at the rate of ten percent (10%) per annum, and upon securing judgment against any public utility, execution shall issue against the property of the public utility.
  • SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND CARRIERS" is hereby amended by adding thereto the following chapter:
  • CHAPTER 2.2
  • THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT
  • 39-2.2-1 Short title.
  • This chapter shall be known and may be cited as the "Rhode Island Utility Fair Share Roadway Repair Act."
  • 39-2.2-2. Road repair by public utility or utility facility.
  • Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter 8.1 of title 24 which shall alter, excavate, disrupt or disturb a roadway shall be responsible for complete repaving and repair of the roadway from curbline to curbline or as required in accordance with the state or municipal utility permit requirements.
  • 39-2.2-3. State road repair.
  • (a) Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction of the director of the department of transportation.
  • (b) All utility work within and/or upon a state road or state right-of-way requires a state utility permit issued by the department of transportation prior to the work commencing. Any public utility or utility facility violating this section for non-emergency utility work without a state utility permit shall be fined five hundred dollars ($500) per incident in addition to the required road repaving and repair (restoration).
  • (c) As part of the state utility permit requirements:
  • (1) The public utility or utility facility shall obtain and submit to the state a performance bond in accordance with the state utility permit application requirements prior to the state utility permit being issued by the department of transportation;
  • (2) The department of transportation will contract with pre-qualified vendors (Master Price Agreement) to conduct state certified testing and inspection services on all utility work in accordance with the state utility permit requirements, and the public utility or utility facility shall reimburse the department of transportation for these costs; and
  • 39-2.2-4. Municipal road repair.
  • Any repaving and repair of a municipal road required by § 39-2.2-2 shall be in accordance with standards promulgated by the director of the department of transportation.
  • 39-2.2-5. Recovery for failure to repair state road.
  • (a) If the director of the department of transportation deems any repaving or repair of a state road insufficient, defective, noncompliant or incomplete and requests repairs, it will be the responsibility of the public utility or utility facility to complete the repairs to the satisfaction of the director of the department of transportation within thirty (30) days of being notified.
  • (b) If the public utility or utility facility fails to complete the repairs, the department of transportation will initiate the repairs through the performance bond claim process and/or recovering the amount required for the repairs from the public utility or utility facility.
  • (c) If any payment, determined to be due from any public utility or utility facility for reparation, reconstruction or repaving shall not be paid to the state within one year from the date of the determination, the state shall be entitled to recover the amount due in an action of debt, together with interest from six (6) months from the date of determination at the rate of ten percent (10%) per annum.
  • SECTION 2. Section 24-5-1.1 of the General Laws in Chapter 24-5 entitled "Maintenance of Town Highways" is hereby amended to read as follows:
  • 24-5-1.1. Alteration of roadways.
  • Any person, firm, or corporation including utilities and contractors who alter a roadway that is subject to the provisions of this chapter shall restore that portion of the roadway which was altered to the same or better condition that existed prior to alteration. Repaving and repair of a roadway by a public utility shall be in accordance with and subject to the provisions of chapter 2.2 of title 39.
  • SECTION 3. Section 24-8-43 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:
  • 24-8-43. Alteration of roadways.
  • (a) Any person, firm or corporation including utilities and contractors who alter a roadway that is subject to the provisions of this chapter shall restore that portion of the roadway which was altered to the same or better condition that existed prior to alteration. Repaving and repair of a roadway by a public utility shall be in accordance with and subject to the provisions of chapter 2.2 of title 39.
  • (b) Any alteration of roadways which creates a public safety concern, as determined by the public safety official of that community, including the need to move utility poles, shall be corrected, by the contractor and/or utility, within thirty (30) days of being notified in writing of such public safety concern by the director of the department of transportation.
  • (c) Where the alteration involves the installation or upgrading of a traffic signal(s), such signal(s) shall not be activated until the alteration has been substantially completed, as determined by the director of the department of transportation.
  • SECTION 4. This act shall take effect upon passage. ======== LC000501 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • Any person, firm, or corporation including utilities and contractors who alter a roadway that is subject to the provisions of this chapter shall restore that portion of the roadway which was altered to the same or better condition that existed prior to alteration or as required in accordance with the state or municipal permit requirements. Repaving and repair of a roadway by a public utility or utility facility shall be in accordance with and subject to the provisions of chapter 2.2 of title 39.
  • SECTION 3. Section 24-8-43 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:
  • 24-8-43. Alteration of roadways.
  • (a) Any person, firm or corporation including utilities and contractors who alter a roadway that is subject to the provisions of this chapter shall restore that portion of the roadway which was altered to the same or better condition that existed prior to alteration or as required in accordance with the state or municipal permit requirements. Repaving and repair of a roadway by a public utility or utility facility shall be in accordance with and subject to the provisions of chapter 2.2 of title 39.
  • (b) Any alteration of roadways which creates a public safety concern, as determined by the public safety official of that community the municipality or the state, including the need to move utility poles, shall be corrected, by the contractor and/or utility, within thirty (30) days of being notified in writing of such public safety concern by the director of the department of transportation.
  • (c) Restoration of any altered roadway shall commence immediately after the completion of the alteration, and shall include, if necessary, temporary or intermediate restoration on an ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be completed.
  • (c)(d) Where the alteration involves the installation or upgrading of a traffic signal(s), such signal(s) shall not be activated until the alteration has been substantially completed, as determined by the director of the department of transportation.
  • SECTION 4. This act shall take effect upon passage.
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  • LC000501/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO PUBLIC UTILITIES AND CARRIERS - THE RHODE ISLAND UTILITY
  • FAIR SHARE ROADWAY REPAIR ACT
  • ***
  • This act would create "The Rhode Island Utility Fair Share Roadway Repair Act" which would require public utilities to repave and repair roadways which have been altered or excavated by the public utility. Repaving and repair of the roadway would be to the satisfaction of the state or municipality controlling the roadway. It would also provide for a complaint procedure for defective or incomplete repairs by public utilities. Financial recovery for defective or incomplete repairs is provided.
  • This act would take effect upon passage. ======== LC000501 ========
  • ***
  • This act would create "The Rhode Island Utility Fair Share Roadway Repair Act" which would require public utilities or utility facilities to repave and repair roadways which have been altered or excavated by the public utility or utility facility. Repaving and repair of the roadway would be to the satisfaction of the state or municipality controlling the roadway. Financial recovery for defective or incomplete repairs is provided.
  • This act would take effect upon passage. ======== LC000501/SUB A ========

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