2017 -- H 5334

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LC000663

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND TURNPIKE

AND BRIDGE AUTHORITY - TOLLING FACILITIES

     Introduced By: Representatives Quattrocchi, Filippi, Chippendale, Nardolillo, and Price

     Date Introduced: February 01, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 24-12-9 of the General Laws in Chapter 24-12 entitled "Rhode

Island Turnpike and Bridge Authority" is hereby amended to read as follows:

     24-12-9. Powers of authority.

     (a) The authority is hereby authorized and empowered:

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

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

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

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

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

which the principal office of the authority shall be located;

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

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

be constructed;

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

provided in this chapter;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provisions of this chapter;

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

powers and the performance of its duties;

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

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

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

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

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

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

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

practicable;

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

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

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

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

points not so designated;

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

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

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

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

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

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

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

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

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

which the grants and contributions may be made;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of the cost of the project;

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

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

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

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

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

shall determine that it is necessary that any public facilities that now are, or hereafter may be,

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

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

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

cost and expenses of the relocation or removal, including the cost of installing the facilities in a

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

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

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

connection with the relocation or removal of the property, shall be ascertained and paid by the

authority as a part of the cost of the project. In case of any relocation or removal of facilities, the

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

operate the facilities, with the necessary appurtenances, in the new location or new locations, for

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

operate the facilities in their former location or locations;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

facilities in their former location or locations;

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

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

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

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

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

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

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

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

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

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

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

interstate turnpikes or expressways;

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

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

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

any project;

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

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

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

expressly granted in this chapter.

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

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

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

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

grant or transfer of funds.

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

hearings prior to the finalization of any specifications or the awarding of any contracts for any

project. Provided, further, that any revenue generated by facilities under the control of the

authority shall only be used for the purposes of the authority.

     (c) The authority is authorized to enter into contracts with the state, or any department of

the state, to operate and/or manage toll facilities on state roads or bridges not owned, leased by, or

under the control of the authority, and to collect tolls from such facilities on behalf of the

department of transportation, provided such tolls shall be set by the state acting through the

department of transportation pursuant to chapter 13.1 of title 42.

     (d) Notwithstanding the provisions of this section or of §24-12-10 or of chapter 13.1 of

title 42 to the contrary, no further gantries or other tolling facilities shall be erected on highways

located within the state until one gantry has been erected and in operation collecting tolls for a

period of six (6) months. If any litigation questioning the constitutionality or legality of the

legislation permitting the construction of such facilities is commenced within said six (6) month

period, no further gantries or other tolling facilities shall be erected unless and until a final

judgment determining that the statute is legal and constitutional and all appeals with respect to

said judgment have been exhausted or the appeal period shall have expired.

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     SECTION 2. This act shall take effect upon passage.

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LC000663

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND TURNPIKE

AND BRIDGE AUTHORITY - TOLLING FACILITIES

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     This act would provide that no further gantries or other tolling facilities be erected until

one gantry has been erected and in operation collecting tolls for a period of six (6) months, or

until any litigation is resolved.

     This act would take effect upon passage.

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LC000663

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