2013 -- S 0020

=======

LC00251

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO HIGHWAYS

     

     

     Introduced By: Senators Felag, Paiva Weed, Ottiano, Bates, and DiPalma

     Date Introduced: January 16, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 24-17 of the General Laws entitled "East Bay Bridge System Act

1-2

of 2012" is hereby repealed in its entirety.

1-3

     CHAPTER 24-17

1-4

East Bay Bridge System Act of 2012

1-5

     24-17-1. Short title. -- This chapter shall be known and may be cited as the "East Bay

1-6

Bridge System Act of 2012".

1-7

     24-17-2. Legislative findings. -- The general assembly finds that:

1-8

      (1) The State of Rhode Island, through the Rhode Island Department of Transportation

1-9

("RIDOT"), funds the repair, replacement, and maintenance of bridges in Rhode Island, except

1-10

the Newport Bridge and the Mount Hope Bridge.

1-11

      (2) Rhode Island depends on three primary sources for funding all transportation

1-12

infrastructure construction, maintenance, and operations. These sources are Federal funds, State

1-13

bond funds, and motor fuel tax revenue. Of these sources, two (Federal funds and motor fuel tax

1-14

revenue) are mutable.

1-15

      (3) The 2008 Governor's Blue Ribbon Panel on Transportation Funding and the 2011

1-16

Senate Special Commission on Sustainable Transportation funding determined that there is

1-17

insufficient revenue available from all existing sources to fund the maintenance and improvement

1-18

of Rhode Island transportation infrastructure.

1-19

      (4) In 2011, the Rhode Island general assembly adopted a component of the

1-20

recommended systemic change to transportation funding by creating the Rhode Island Highway

2-1

Maintenance Trust Fund, to be funded by an increase in license and registration fees and

2-2

contributions from the Rhode Island Capital Plan (RICAP) fund, beginning in FY2014.

2-3

      (5) Although the State is shifting from long-term borrowing to annual revenues to fund

2-4

transportation infrastructure, there is still a funding gap between the revenue needed to maintain

2-5

all roads and bridges in good condition and the annual amounts generated by current revenue

2-6

sources.

2-7

      (6) The State has sufficient financial resources to complete the construction of the new

2-8

Sakonnet River Bridge and to demolish the existing Sakonnet River Bridge, but does not have

2-9

sufficient financial resources to assure the future maintenance and operation of the Sakonnet

2-10

River Bridge.

2-11

      (7) There is limited access to and from Rhode Island's East Bay, consisting of Bristol and

2-12

Newport Counties, and this access is restricted both by geography and infrastructure. The most

2-13

critical infrastructure includes the four bridges that comprise the access to Aquidneck Island and

2-14

Conanicut Island. These four bridges make up less than half a percent of the total bridges in the

2-15

state, but comprise approximately twenty percent of the deck area of all Rhode Island bridges.

2-16

      (8) Two of the four bridges, the Sakonnet River Bridge and the Jamestown Verrazzano

2-17

Bridge, are owned and maintained by RIDOT. The Rhode Island Turnpike and Bridge Authority

2-18

("RITBA") currently owns and maintains the other two bridges: the Newport Bridge and the

2-19

Mount Hope Bridge.

2-20

      (9) In the current economic and political climate, cooperation between State departments

2-21

and/or quasi-public agencies provides the best opportunity to maximize financial and knowledge-

2-22

based resources.

2-23

      (10) RITBA currently assesses a toll for passage over the Newport Bridge, and this toll

2-24

serves as the sole source of revenue for RITBA to maintain both the Newport Bridge and the

2-25

Mount Hope Bridge and related appurtenances.

2-26

      (11) The Federal Highway Administration allows for the placement of tolls on certain

2-27

transportation infrastructure in order to assure the improvement and proper operation and

2-28

maintenance of the structure and associated roadways.

2-29

      (12) The current toll structure places undue burden on the residents, businesses, and

2-30

visitors who must use the Newport Bridge to access work, schools, shopping, and other essential

2-31

services. It is crucial to establish a comprehensive strategy to fund and maintain the bridges

2-32

connecting the East Bay.

2-33

      (13) The transfer of the Sakonnet River Bridge and its appurtenances and the Jamestown

2-34

Verrazzano Bridge and its appurtenances to the Rhode Island Turnpike and Bridge Authority

3-1

would be in the best interests of the State of Rhode Island and its residents, particularly those

3-2

living and working in the East Bay.

3-3

      (14) The placement of a toll on the Sakonnet River Bridge, under the direction of

3-4

RITBA, would serve to create a more viable means of funding future maintenance and repairs of

3-5

the East Bay bridges and would allow for the establishment of a more equitable toll structure,

3-6

along with a fund for capital transportation projects and preventive maintenance in the East Bay.

3-7

     24-17-3. East Bay Infrastructure fund established. -- (a) There is hereby created a

3-8

special account in the general fund to be known as the East Bay Infrastructure (EBI) fund.

3-9

      (b) The fund shall consist of all those moneys which the Rhode Island Turnpike and

3-10

Bridge Authority may and the state may, from time to time, direct to the fund, including, but not

3-11

necessarily limited to, funds in excess of those required to (i) pay debt service payments, (ii)

3-12

operate and maintain the bridges; and (iii) maintain required or adequate reserves.

3-13

      (c) All funds collected pursuant to this section shall be deposited in the EBI fund and

3-14

shall be used only in Bristol and Newport Counties, and only for the purposes set forth in this

3-15

chapter.

3-16

      (d) Unexpended balances and any earnings thereon shall not revert to the general fund

3-17

but shall remain in the EBI fund. There shall be no requirement that moneys received into the EBI

3-18

fund during any given calendar year or fiscal year be expended during the same calendar year or

3-19

fiscal year.

3-20

      (e) The EBI fund shall be administered by the director, who shall allocate and spend

3-21

moneys from the fund only in accordance with the purposes and procedures set forth in this

3-22

chapter.

3-23

     SECTION 2. Chapter 24-8 of the General Laws entitled "Construction and Maintenance

3-24

of State Roads" is hereby amended by adding thereto the following section:

3-25

     24-8-28.1. Sakonnet River stone bridge. The department of transportation shall have

3-26

full charge and control of the operation and maintenance of the Rhode Island stone bridge across

3-27

Sakonnet River connecting the island of Rhode Island with the mainland, and the bridge is hereby

3-28

made a part of the state highway system. The department shall appoint the attendants and other

3-29

employees as may be required for the care and operation of the bridge, and in all matters of the

3-30

care, operation, and maintenance of the bridge the department shall exercise full authority. All

3-31

appropriations for the care, maintenance, and repair of the bridge shall be expended under the

3-32

direction of the department; and provided, however, that any repairs and/or replacement of the

3-33

bridge across the Sakonnet river shall not result in or otherwise cause any toll charge or fee.

4-34

     SECTION 3. Sections 24-12-1, 24-12-5, 24-12-9, and 24-12-26 of the General Laws in

4-35

Chapter 24-12 entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to

4-36

read as follows:

4-37

     24-12-1. Definitions. -- As used in this chapter, the following words and terms shall have

4-38

the following meanings, unless the context shall indicate another or different meaning:

4-39

      (1) "Additional facility" means any bridge, approach or feeder road, highway, road,

4-40

freeway, tunnel, overpass, underpass, parking facility or toll facility, in the state, equipment or

4-41

signal and information system, which the authority is authorized by this chapter or any other law

4-42

to construct, reconstruct, renovate, acquire, maintain, repair, operate, or manage after May 3,

4-43

1954 or any portion thereof.

4-44

      (2) "Annual period" means the one-year fiscal period of the state commencing on the

4-45

first day of July of any year and ending the last day of June of the following year.

4-46

      (3) "Authority" means the Rhode Island turnpike and bridge authority created by section

4-47

24-12-2, or, if the authority shall be abolished, the board, body, or commission succeeding to the

4-48

principal functions thereof or upon whom the powers given by the chapter to the authority shall

4-49

be given by law.

4-50

      (4) (i) "Cost" as applied to any project to be constructed, reconstructed, renovated,

4-51

maintained, acquired, leased, repaired, operated or managed by the authority shall embrace the

4-52

cost of construction, reconstruction, renovation, maintenance, repair, operation or management,

4-53

the cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests

4-54

acquired by the authority for the construction, reconstruction, renovation, maintenance, repair,

4-55

operation or management, the cost of demolishing or removing any buildings or structures on

4-56

land so acquired, including the cost of acquiring any lands to which the buildings or structures

4-57

may be moved, the cost of all machinery and equipment, financing charges, interest prior to and

4-58

during construction, reconstruction, renovation, maintenance, repair, operation or management,

4-59

and for one year after completion of construction, reconstruction, renovation, maintenance, repair,

4-60

operation or management, cost of traffic estimates and of engineering and legal services, plans,

4-61

specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to

4-62

determining the feasibility or practicability of construction, reconstruction, renovation,

4-63

maintenance, repair, operation or management, administrative expenses, and such other expenses

4-64

as may be necessary or incident to the construction, reconstruction, renovation, maintenance,

4-65

repair, operation or management, the financing of the construction, and the placing of the project

4-66

in operation, and in connection with the Newport Bridge shall include the purchase price of the

4-67

ferry franchise. The word "cost" as applied to any project which the authority may be authorized

4-68

to acquire means the amount of the purchase price, lease payments, debt service payments, or the

5-1

amount of any condemnation award in connection with the acquisition of the project, and shall

5-2

include the cost of acquiring all the capital stock of the corporation owning the project, if such be

5-3

the case, and the amount to be paid to discharge all of the obligations of the corporation in order

5-4

to vest title to the project in the authority, the cost of improvements to the project which may be

5-5

determined by the authority to be necessary prior to the financing thereof, interest during the

5-6

period of construction of the improvements and for one year thereafter, the cost of all lands,

5-7

properties, rights, easements, franchises, and permits acquired, the cost of engineering and legal

5-8

services, plans, specifications, surveys, estimates of cost and of revenues, other expenses

5-9

necessary or incident to determining the feasibility or practicability of the acquisition or

5-10

improvement, administrative expenses, and such other expenses as may be necessary or incident

5-11

to the financing of the acquisition or improvement and the placing of the project in operation by

5-12

the authority.

5-13

      (ii) "Cost" as applied to the Mount Hope Bridge means such amount, if any, as the

5-14

authority may deem necessary, following the acquisition of a bridge under the provisions of

5-15

section 24-12-40A, to place the bridge in safe and efficient condition for its operation. And as

5-16

applied to any project constructed or acquired by the authority under the provisions of the

5-17

chapter, the word "cost" shall also include such amounts as the authority may deem necessary for

5-18

working capital and to create a debt service reserve.

5-19

      (iii) "Cost" as applied to the Sakonnet River Bridge includes such amount, if any, as the

5-20

authority may deem necessary, following the acquisition of the Sakonnet River Bridge under the

5-21

provisions of subsection 24-12-40F, to place the bridge in safe and efficient condition for its

5-22

operation. As applied to any project constructed or acquired by the authority under the provisions

5-23

of the chapter, the word "cost" shall also include such amounts as the authority may deem

5-24

necessary for capitalized interest, working capital and to create a debt service reserve.

5-25

      (iv) "Cost" as applied to the Jamestown Verrazzano Bridge includes such amount, if any,

5-26

as the authority may deem necessary, following the acquisition of the Jamestown Verrazzano

5-27

Bridge under the provisions of subsection 24-12-40G, to place the bridge in safe and efficient

5-28

condition for its operation. As applied to any project constructed or acquired by the authority

5-29

under the provisions of the chapter, the word "cost" shall also include such amounts as the

5-30

authority may deem necessary for capitalized interest, working capital and to create a debt service

5-31

reserve.

5-32

      (5) "Department" means the department of transportation, or, if the department shall be

5-33

abolished, the board, body, or commission succeeding to the principal functions thereof or upon

5-34

whom the powers given by chapter 5 of title 37 to the department shall be given by law.

6-1

      (6) "Ferry franchise" means the existing franchises and rights to operate ferries

6-2

belonging to the Jamestown and Newport ferry company, but not including any other intangible

6-3

personal property or real estate or tangible personal property of the corporation which shall

6-4

remain the property of the corporation.

6-5

      (7) "Jamestown Bridge" means the former bridge over the west passage of Narragansett

6-6

Bay between the towns of Jamestown and North Kingstown constructed by the Jamestown Bridge

6-7

commission under the provisions of chapter 2536 of the Public Laws, 1937 and the approaches

6-8

thereto, and shall embrace all tollhouses, administration, and other buildings and structures used

6-9

in connection therewith, together with all property, rights, easements, and interests acquired by

6-10

the Jamestown Bridge commission in connection with the construction and operation of the

6-11

bridge.

6-12

      (8) "Jamestown Verrazzano Bridge" means the bridge constructed in replacement of the

6-13

Jamestown Bridge, as defined in subdivision (7) and the approaches thereto, and shall embrace all

6-14

tollhouses, administration, and other buildings and structures used in connection therewith,

6-15

together with all property, rights, easements, and interests acquired by the authority in connection

6-16

with the construction and operation of such bridge.

6-17

      (9) "Mount Hope Bridge" means the existing bridge between the towns of Bristol and

6-18

Portsmouth and the approaches thereto, which was constructed by the Mount Hope Bridge

6-19

corporation and which was acquired and is now owned and operated by the Mount Hope Bridge

6-20

authority under the provisions of chapter 13 of this title, and shall embrace all tollhouses,

6-21

administration, and other buildings and structures used in connection therewith, together with all

6-22

property, rights, easements, and interests acquired by the Mount Hope Bridge corporation or the

6-23

Mount Hope Bridge authority in connection with the construction and operation of the bridge.

6-24

      (10) "Newport Bridge" means the bridge or tunnel or combination of bridge and tunnel

6-25

constructed or to be constructed under the provisions of this chapter over or under the waters of

6-26

Narragansett Bay between Conanicut Island and Aquidneck Island, shall embrace the substructure

6-27

and the superstructure thereof and the approaches thereto and the entrance plazas, interchanges,

6-28

overpasses, underpasses, tollhouses, administration, storage, and other buildings, and highways

6-29

connecting the bridge or tunnel with the Jamestown Verrazzano Bridge (defined in subdivision

6-30

(8)) and with state highways as the authority may determine to construct from time to time in

6-31

connection therewith, together with all property, rights, easements, and interests acquired by the

6-32

authority for the construction and operation of the bridge or tunnel or combination of bridge and

6-33

tunnel.

7-34

      (11) "Owner" means and include all individuals, incorporated companies, partnerships,

7-35

societies, or associations, and also municipalities, political subdivisions, and all public agencies

7-36

and instrumentalities, having any title or interest in any property, rights, easements, or franchises

7-37

authorized to be acquired under the provisions of this chapter.

7-38

      (12) "Project" means the "Newport Bridge," "Mount Hope Bridge," "Sakonnet River

7-39

Bridge," "Jamestown Verrazzano Bridge", the "turnpike" or any "additional facility," as the case

7-40

may be, or any portion thereof which may be financed, acquired or leased under the provisions of

7-41

this chapter.

7-42

      (13) "Turnpike" means the controlled access highway or any portion thereof to be

7-43

constructed or acquired, from time to time, under the provisions of this chapter from a point at or

7-44

near the Connecticut-Rhode Island border through the county of Washington and the county of

7-45

Newport to a point at or near the Massachusetts-Rhode Island border in the town of Tiverton

7-46

(excluding the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and

7-47

the Sakonnet River Bridge), together with all bridges (except those mentioned above),

7-48

overpasses, underpasses, interchanges, entrance plazas, approaches, approach roads, tollhouses,

7-49

service stations, and administration, storage, and other buildings and facilities which the authority

7-50

may deem necessary for the operation of the turnpike, together with all property, rights,

7-51

easements, and interests which may be acquired by the authority for the construction or the

7-52

operation of the turnpike.

7-53

      (14) "Sakonnet River Bridge" means the replacement Sakonnet River bridge constructed

7-54

or to be constructed under the provisions of Article 36 of Chapter 376 of the Public Laws of 2003

7-55

between the towns of Tiverton and Portsmouth and shall embrace the substructure and the

7-56

superstructure thereof and the approaches thereto and the toll structures, interchanges, overpasses,

7-57

underpasses, tollhouses, administration, storage, and other buildings, and highways connecting

7-58

the bridge with state highways, as the authority may determine to construct or acquire from time

7-59

to time in connection therewith, together with all property, rights, easements, and interests

7-60

acquired by the authority for the construction and operation of the bridge.

7-61

     24-12-5. Power to construct, reconstruct, renovate, acquire, maintain, repair,

7-62

operate or manage projects or additional facilities and to issue bonds. -- In order to facilitate

7-63

vehicular traffic, remove many of the present handicaps and hazards on the congested highways

7-64

in the state, alleviate the barriers caused by large bodies of water, and promote the agricultural

7-65

and industrial development of the state, the Rhode Island turnpike and bridge authority is hereby

7-66

authorized and empowered: to construct the Newport Bridge, the turnpike, any portion thereof or

7-67

any additional facility hereafter authorized to be constructed; to acquire the Mount Hope Bridge,

7-68

to acquire the Sakonnet River Bridge, to acquire the Jamestown Verrazzano Bridge and any

8-1

additional facility hereafter authorized to be acquired (except the Sakonnet River Bridge); to

8-2

maintain, construct, reconstruct, renovate, acquire, repair, operate or manage any project or

8-3

projects; and to issue bonds of the authority as provided in this chapter to finance any project or

8-4

projects; provided, however, that the Mount Hope Bridge shall only be acquired as provided for

8-5

by section 24-12-40A.

8-6

     24-12-9. Powers of authority. -- (a) The authority is hereby authorized and empowered:

8-7

      (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

8-8

      (2) To adopt an official seal and alter it at pleasure;

8-9

      (3) To maintain an office at such place or places within the state as it may designate;

8-10

      (4) To sue and be sued in its own name, plead and be impleaded; provided, however, that

8-11

any and all actions at law or in equity against the authority shall be brought only in the county in

8-12

which the principal office of the authority shall be located;

8-13

      (5) To determine, subject to the approval of the director of transportation, the location

8-14

and the design standards of the Newport Bridge, the turnpike and any additional new facility to be

8-15

constructed;

8-16

      (6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as

8-17

provided in this chapter;

8-18

      (7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the

8-19

Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike and any additional

8-20

facility or facilities, or any two (2) or more of such projects;

8-21

      (8) To borrow money in anticipation of the issuance of bonds for any of its purposes and

8-22

to issue notes, certificates, or other evidences of borrowing in form as may be authorized by

8-23

resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in

8-24

the first instance from the proceeds of any bonds issued under the provisions of this chapter and

8-25

to contain on their face a statement to the effect that neither the state, the authority nor any

8-26

municipality or other political subdivision of the state shall be obligated to pay the same or the

8-27

interest thereon except from the proceeds of bonds in anticipation of the issuance of which the

8-28

notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;

8-29

      (9) To fix and revise from time to time, subject to the provisions of this chapter, and to

8-30

charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and

8-31

for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the

8-32

Jamestown Verrazzano Bridge and any additional facility acquired, financed or leased under the

8-33

provisions of this chapter;

9-34

      (10) To acquire, hold and dispose of real and personal property in the exercise of its

9-35

powers and the performance of its duties;

9-36

      (11) To acquire in the name of the authority by purchase or otherwise, on such terms and

9-37

conditions and in such manner as it may deem proper, or by the exercise of the rights of

9-38

condemnation in the manner as provided by this chapter, public or private lands, including public

9-39

parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property,

9-40

rights, easements and interests as it may deem necessary for carrying out the provisions of this

9-41

chapter; provided, however, that all public property damaged in carrying out the powers granted

9-42

by this chapter shall be restored or repaired and placed in its original condition as nearly as

9-43

practicable;

9-44

      (12) To designate the locations, with the approval of the director of transportation, and

9-45

establish, limit and control the points of ingress to and egress from the turnpike and any

9-46

additional facility as may be necessary or desirable in the judgment of the authority to insure the

9-47

proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or

9-48

points not so designated;

9-49

      (13) To employ, in its discretion, consulting engineers, attorneys, accountants,

9-50

construction and financial experts, superintendents, managers, and such other employees and

9-51

agents as may be necessary in its judgment, and to fix their compensation;

9-52

      (14) To apply for, receive and accept from any federal agency aid and/or grants for or in

9-53

aid of the repair, maintenance and/or construction of the turnpike, the Newport Bridge, the

9-54

Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge or any

9-55

additional facility, and to receive and accept from the state, from any municipality, or other

9-56

political subdivision thereof and from any other source aid or contributions of either money,

9-57

property, labor or other things of value, to be held, used and applied only for the purposes for

9-58

which the grants and contributions may be made;

9-59

      (15) To construct grade separations at intersections of the turnpike, the approaches and

9-60

highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge,

9-61

the Jamestown Verrazzano Bridge and any additional facility with public highways, streets, or

9-62

other public ways or places, and to change and adjust the lines and grades thereof so as to

9-63

accommodate the same to the design of the grade separation; the cost of the grade separations and

9-64

any damage incurred in changing and adjusting the lines and grades of the highways, streets,

9-65

ways, and places shall be ascertained and paid by the authority as a part of the cost of the project;

9-66

      (16) To vacate or change the location of any portion of any public highway, street, or

9-67

other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other

9-68

equipment and appliance of the state or of any municipality or other political subdivision of the

10-1

state and to reconstruct the same at such new location as the authority shall deem most favorable

10-2

for the project and of substantially the same type and in as good condition as the original

10-3

highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or

10-4

appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the

10-5

location thereof shall be ascertained and paid by the authority as a part of the cost of the project;

10-6

any public highway, street or other public way or place vacated or relocated by the authority shall

10-7

be vacated or relocated in the manner provided by law for the vacation or relocation of public

10-8

roads, and any damages awarded on account thereof shall be paid by the authority as a part of the

10-9

cost of the project;

10-10

      (17) The authority shall also have the power to make reasonable regulations, subject to

10-11

the approval of the public utility administrator, for the installation, construction, maintenance,

10-12

repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers,

10-13

poles, and other equipment and appliances (herein called "public utility facilities") of any public

10-14

utility as defined in section 39-1-2, in, on, along, over or under any project. Whenever the

10-15

authority shall determine that it is necessary that any public facilities which now are, or hereafter

10-16

may be, located in, on, along, over, or under any project should be relocated in the project, or

10-17

should be removed from the project, the public utility owning or operating the facilities shall

10-18

relocate or remove the facilities in accordance with the order of the authority; provided, however,

10-19

that the cost and expenses of the relocation or removal, including the cost of installing the

10-20

facilities in a new location, or new locations, and the cost of any lands, or any rights or interests

10-21

in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of

10-22

any lands or any rights or interests in lands of any other rights of the public utility paid to the

10-23

public utility in connection with the relocation or removal of the property, shall be ascertained

10-24

and paid by the authority as a part of the cost of the project. In case of any relocation or removal

10-25

of facilities the public utility owning or operating the facilities, its successors or assigns, may

10-26

maintain and operate the facilities, with the necessary appurtenances, in the new location or new

10-27

locations, for as long a period, and upon the same terms and conditions, as it had the right to

10-28

maintain and operate the facilities in their former location or locations;

10-29

      (18) To make reasonable regulations and to grant easements for the installation,

10-30

construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment,

10-31

and appliances of any corporation or person owning or operating pipelines in, on, along, over, or

10-32

under the turnpike, whenever the authority shall determine that it is necessary that any facilities

10-33

which now are, or hereafter may be located in, on, along, over or under the turnpike should be

10-34

relocated in the turnpike, or should be removed from the turnpike, the corporation or person

11-1

owning or operating the facilities shall relocate or remove the facilities in accordance with the

11-2

order of the authority; provided, however, that the cost and expense of the relocation or removal,

11-3

including the cost of installing the facilities in a new location, or new locations, and the cost of

11-4

any lands, or any rights or interests in lands, and any other rights acquired to accomplish the

11-5

relocation or removal, less the cost of any lands or any rights or interests in lands or any other

11-6

rights of any corporation or person paid to any corporation or person in connection with the

11-7

relocation or removal of the property, shall be ascertained and paid by the authority as a part of

11-8

the cost of the project. In case of any relocation or removal of facilities the corporation or person

11-9

owning or operating the facilities, its successors or assigns, may maintain and operate the

11-10

facilities, with the necessary appurtenances, in the new location or new locations, for as long a

11-11

period, and upon the same terms and conditions, as it had the right to maintain and operate the

11-12

facilities in their former location or locations;

11-13

      (19) To enter upon any lands, waters, and premises for the purpose of making such

11-14

surveys, soundings, borings, and examinations as the authority may deem necessary or

11-15

convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for

11-16

such purposes be deemed an entry under any condemnation proceedings; provided, however, the

11-17

authority shall pay any actual damage resulting to the lands, water, and premises as a result of the

11-18

entry and activities as a part of the cost of the project;

11-19

      (20) To enter into contracts or agreements with any board, commission, public

11-20

instrumentality of another state or the federal government or with any political subdivision of

11-21

another state relating to the connection or connections to be established between the turnpike or

11-22

any additional facility with any public highway or turnpike now in existence or hereafter to be

11-23

constructed in another state, and with respect to the construction, maintenance and operation of

11-24

interstate turnpikes or expressways;

11-25

      (21) To enter into contracts with the department of transportation with respect to the

11-26

construction, reconstruction, renovation, acquisition, maintenance, repair, operation or

11-27

management of any project and with the Rhode Island state police with respect to the policing of

11-28

any project;

11-29

      (22) To make and enter into all contracts and agreements necessary or incidental to the

11-30

performance of its duties and the execution of its powers under this chapter; and

11-31

      (23) To do all other acts and things necessary or convenient to carry out the powers

11-32

expressly granted in this chapter.

11-33

      (24) To grant and/or contract through the transfer of funds of the authority to the

11-34

department of transportation for the construction, reconstruction, acquisition, maintenance, repair,

12-1

operation or management by the department of transportation of any project or projects

12-2

authorized by this chapter, and the department of transportation is authorized to accept any such

12-3

grant or transfer of funds.

12-4

      (b) Provided, the authority in carrying out the provisions of this section shall hold public

12-5

hearings in the city or town where a proposed project will be located prior to the finalization of

12-6

any specifications or the awarding of any contracts for any project.

12-7

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

12-8

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

12-9

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

12-10

Bridge (subject to federal regulations and approvals), the turnpike and the different parts or

12-11

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

12-12

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

12-13

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

12-14

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

12-15

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

12-16

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

12-17

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

12-18

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

12-19

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

12-20

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

12-21

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

12-22

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

12-23

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

12-24

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

12-25

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

12-26

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

12-27

project. Notwithstanding the provisions of this section, members of the town of Jamestown police

12-28

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

12-29

school department who, in the course of their duty, are required to pay a toll for use of the

12-30

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

12-31

Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in

12-32

turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of

12-33

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

12-34

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

13-1

upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed

13-2

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

13-3

payments made by the state.

13-4

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

13-5

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

13-6

are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,

13-7

upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed

13-8

for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all

13-9

payments made by the state.

13-10

     SECTION 4. Sections 24-12-40.F and 24-12-40.G of the General Laws in Chapter 24-12

13-11

entitled "Rhode Island Turnpike and Bridge Authority" are hereby repealed.

13-12

     24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and

13-13

bridge authority -- Institution of tolls. -- All powers, control, and jurisdiction of and title to the

13-14

Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge

13-15

authority. The authority may charge and collect tolls for the use of the Sakonnet River Bridge to

13-16

provide funds sufficient with any other monies available therefor for paying the costs of

13-17

acquiring, leasing, maintaining, repairing and operating, the Jamestown Verrazzano Bridge, the

13-18

Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and

13-19

additional facilities.

13-20

     24-12-40.G. Title to Jamestown Verrazzano Bridge vested in Rhode Island turnpike

13-21

and bridge authority. -- All powers, control, and jurisdiction of and title to the Jamestown

13-22

Verrazzano Bridge is authorized to be transferred to the Rhode Island turnpike and bridge

13-23

authority.

13-24

     SECTION 5. This act shall take effect upon passage.

     

=======

LC00251

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS

***

14-1

     This act would repeal the transfer of authority for the Sakonnet River Bridge and the

14-2

Jamestown Verrazzano Bridge from the department of transportation to the bridge and turnpike

14-3

authority.

14-4

     This act would take effect upon passage.

     

=======

LC00251

=======

S0020