2017 -- S 0751

========

LC002336

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Senators Algiere, and Morgan

     Date Introduced: April 12, 2017

     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 generally authorized to reasonably and sensibly regulate

the earth removal extraction processing and blasting operations conducted within the town,

including, but not limited to:

     (1) Adopting such licensing and/or permit requirements and regulations, it deems

necessary, to ensure proper review of such operations by town authorities;

     (2) To require such operations to be conducted with minimum disturbance to surrounding

land uses; and

     (3) To require of such operators' permits, including completion bonds and/or insurance

necessary to guarantee the return of an affected area to the conditions necessitated by the permit

and/or licensing process.

     (d) (c) 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.

========

LC002336

========

LC002336 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

***

     This act would authorize the town of Charlestown to regulate earth removal extraction,

and blasting operations, within the town.

     This act would take effect upon passage.

========

LC002336

========

LC002336 - Page 3 of 3