2014 -- S 3004

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LC005556

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Senators Algiere, and Cool Rumsey

     Date Introduced: May 08, 2014

     Referred To: Senate Housing & Municipal Government

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-2-54 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-54. Regulation of excavating. -- (a) The town of Middletown is hereby authorized

to impose upon any excavation activity within the town, including all such activity on rights of

way but excluding such activity on private land such permit requirements and regulations as are

necessary to ensure proper review of the excavation plans by town authorities and to require such

excavation to be conducted with minimum disturbance to surrounding land.

      (b) The town of Middletown is further authorized to require excavation activity permits

including completion bonds or insurance, if necessary, to guarantee the return of an excavated

area to the conditions stipulated in the permit process.

     (c) The town of Charlestown is hereby authorized to impose upon any excavation activity

within the town such licensing and/or permit requirements and regulations as are necessary to

ensure proper review of the excavation plans by town authorities, to require such excavation to be

conducted with minimum disturbance to surrounding land uses; and, to require excavation

activity permits including completion bonds and/or insurance, if necessary, to guarantee the

return of an excavated area to the conditions stipulated in the permit and/or licensing process.

      (c)(d) Subsections (a), and (b) and (c) of this section shall not apply to any department,

division or agency of the state of Rhode Island.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

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     This act would authorize the town of Charlestown to regulate excavating.

     This act would take effect upon passage.

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