2016 -- S 2299

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LC003469

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Senators Morgan, and Algiere

     Date Introduced: February 09, 2016

     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 quarrying, mining,

or commercial earth or gravel removal or extraction operations being conducted within the town

such licensing and/or permit requirements and regulations as are necessary to ensure proper

review of such operations by town authorities, to require such operations to be conducted with

minimum disturbance to surrounding land uses; and, to require of such operators permits

including completion bonds and/or insurance, if necessary, to guarantee the return of an affected

area to the conditions stipulated in the permit and/or licensing process.

     (d) Subsections (a) and (b) The provisions 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 excavation and extraction

activity within the town.

     This act would take effect upon passage.

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LC003469

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