2012 -- H 7809

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LC01990

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HIGHWAYS - INFRASTRUCTURE FUND

     Introduced By: Representatives Gallison, Morrison, and Edwards

     Date Introduced: February 28, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 24-12-26 and 24-12-27 of the General Laws in Chapter 24-12

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entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to read as follows:

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     24-12-26. Power to collect tolls and charges -- Gasoline and service concessions. -- (a)

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The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge

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and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the turnpike and the

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different parts or sections thereof, and for the use of any additional facility and the different parts

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or sections thereof, and to contract with any person, partnership, association or corporation for

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placing on any project telephone, telegraph, electric light or power lines, gas stations, garages,

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and restaurants if deemed necessary by the authority in connection with the project, or for the use

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of any project or part thereof, including the right-of-way adjoining the paved portion of the

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turnpike or of any additional facility or for any other purposes and to fix the terms, conditions,

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rents and rates of charges for such use; provided, that the authority shall construct any gasoline

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service facilities which it may determine are needed on the project, and provided, further, that, to

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afford users of the project a reasonable choice of motor fuels of different brands, each gasoline

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service station shall be separately offered for lease upon sealed bids and, after notice of the offer

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has been published once a week in three (3) consecutive weeks in a newspaper having general

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circulation in the state, and, in the event an acceptable bid shall be received in the judgment of the

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authority, each lease shall be awarded to the highest responsible bidder therefor, but no person

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shall be awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade

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names, or brands of any one supplier, distributor, or retailer of such fuel be sold at more than one

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service station if they would constitute more than twenty-five percent (25%) of the service

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stations on the project. Notwithstanding the provisions of this section, members of the town of

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Jamestown police and fire department and ambulance service personnel of the town of

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Jamestown and Jamestown school department who, in the course of their duty, are required to pay

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a toll for use of the Newport Bridge, shall, upon the presentment of receipts for the payment of

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the toll to the town of Jamestown, be reimbursed for all charges on an annual basis by the town of

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Jamestown who in turn shall be reimbursed for all payments made by the state. Notwithstanding

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the provisions of this section, members of the city of Newport police and fire department and

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rescue personnel who, in the course of their duty, are required to pay a toll for use of the Newport

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Bridge, shall, upon the presentment of receipts for the payment of the toll to the city of Newport,

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be reimbursed for all charges on an annual basis by the city of Newport who in turn shall be

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reimbursed for all payments made by the state.

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      (b) Notwithstanding the provisions of this section, members of the police and fire

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department and rescue personnel of any city or town in this state who, in the course of their duty,

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are required to pay a toll for use of the Mount Hope Bridge, shall, upon the presentment of

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receipts for the payment of the toll to their town or city, be reimbursed for all such charges on an

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annual basis by the town or city, who in turn shall be reimbursed for all payments made by the

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state.

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     (c)(1) The Rhode Island department of transportation is hereby authorized to construct

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and maintain toll collection facilities on route 95 northbound at the Connecticut border and on

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route 95 southbound at the Massachusetts border. Funds collected shall be deposited in the

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Rhode Island infrastructure fund, to be created and administered by the director of the department

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of transportation for the purpose of maintaining the interstate highways system, the Pawtucket

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River bridge, the Sakonnet River bridge, the Mount Hope bridge, the Iway bridge and Pell bridge.

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     (2) Tolls collected for the use of the Pell bridge shall be reduced to three dollars and fifty

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cents ($3.50) for out of state residents, using EZ pass, four dollars ($4.00) for non EZ pass users,

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seventy five cents ($.75) for Rhode Island residents using EZ pass, and one dollar ($1.00) for

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resident non EZ pass users.

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     (3) In the event these toll reductions result in deficiencies in the Pell Bridge maintenance

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account, the deficiency shall be resolved by drawing the balance from the infrastructure fund.

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     24-12-27. Amount of tolls. -- Tolls shall be so fixed and adjusted in respect of the

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aggregate of tolls from the project or projects or the portion or portions thereof in connection with

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which bonds shall have been issued under the provisions of this chapter as to provide a fund

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sufficient with other revenues, if any, to pay (1) the cost of maintaining, repairing, and operating

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the project or projects or portion or portions thereof and (2) the principal of and the interest on the

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bonds as the prinicipal and interest shall become due and payable, and to create reserves for such

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purposes; provided, however, that the authority shall establish commutation rates for traffic over

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the Mount Hope Bridge by all vehicles, which rates shall not be in excess of the commutation

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rates in effect for vehicles on January 1, 1960. Tolls shall not be subject to supervision or

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regulation by any commission, board, bureau or agency of the state or of any municipality or

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other political subdivision of the state.

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     SECTION 2. This act shall take effect upon passage.

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LC01990

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS - INFRASTRUCTURE FUND

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     This act would create the Rhode Island Infrastructure Fund from tolls placed at the

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Massachusetts and Connecticut borders on Route 95. The fund would be used to maintain the

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highway system and bridges within the state.

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     This act would take effect upon passage.

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LC01990

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