2018 -- H 7837 | |
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LC003954 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY | |
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Introduced By: Representatives Roberts, Filippi, Giarrusso, Nardolillo, and Quattrocchi | |
Date Introduced: February 28, 2018 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 24-12-9 of the General Laws in Chapter 24-12 entitled "Rhode |
2 | Island Turnpike and Bridge Authority" is hereby amended to read as follows: |
3 | 24-12-9. Powers of authority. |
4 | (a) The authority is hereby authorized and empowered: |
5 | (1) To adopt bylaws for the regulation of its affairs and the conduct of its business; |
6 | (2) To adopt an official seal and alter it at pleasure; |
7 | (3) To maintain an office at such place or places within the state as it may designate; |
8 | (4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that |
9 | any and all actions at law or in equity against the authority shall be brought only in the county in |
10 | which the principal office of the authority shall be located; |
11 | (5) To determine, subject to the approval of the director of transportation, the location |
12 | and the design standards of the Newport Bridge, the turnpike, and any additional new facility to |
13 | be constructed; |
14 | (6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as |
15 | provided in this chapter; |
16 | (7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the |
17 | Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike, and any additional |
18 | facility or facilities, or any two (2) or more of such projects; |
19 | (8) To borrow money in anticipation of the issuance of bonds for any of its purposes and |
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1 | to issue notes, certificates, or other evidences of borrowing in form as may be authorized by |
2 | resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in |
3 | the first instance from the proceeds of any bonds issued under the provisions of this chapter and |
4 | to contain on their face a statement to the effect that neither the state, the authority, nor any |
5 | municipality or other political subdivision of the state shall be obligated to pay the same or the |
6 | interest thereon except from the proceeds of bonds in anticipation of the issuance of which the |
7 | notes, certificates, or other evidences of borrowing shall have been issued, or from revenues; |
8 | (9) To fix and revise, from time to time, subject to the provisions of this chapter, and to |
9 | charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and |
10 | for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the |
11 | Jamestown Verrazzano Bridge, and any additional facility acquired, financed, or leased under the |
12 | provisions of this chapter; |
13 | (10) To acquire, hold, and dispose of real and personal property in the exercise of its |
14 | powers and the performance of its duties; |
15 | (11) To acquire in the name of the authority, by purchase or otherwise, on such terms and |
16 | conditions and in such manner as it may deem proper, or by the exercise of the rights of |
17 | condemnation in the manner as provided by this chapter, public or private lands, including public |
18 | parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, |
19 | rights, easements, and interests as it may deem necessary for carrying out the provisions of this |
20 | chapter; provided, however, that all public property damaged in carrying out the powers granted |
21 | by this chapter shall be restored or repaired and placed in its original condition as nearly as |
22 | practicable; |
23 | (12) To designate the locations, with the approval of the director of transportation, and |
24 | establish, limit, and control the points of ingress to and egress from the turnpike and any |
25 | additional facility as may be necessary or desirable in the judgment of the authority to ensure the |
26 | proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or |
27 | points not so designated; |
28 | (13) To employ, in its discretion, consulting engineers, attorneys, accountants, |
29 | construction and financial experts, superintendents, managers, and such other employees and |
30 | agents as may be necessary in its judgment, and to fix their compensation; |
31 | (14) To apply for, receive, and accept from any federal agency aid and/or grants for or in |
32 | aid of the repair, maintenance, and/or construction of the turnpike, the Newport Bridge, the |
33 | Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge, or any |
34 | additional facility, and to receive and accept from the state, from any municipality, or other |
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1 | political subdivision thereof and from any other source aid or contributions of either money, |
2 | property, labor, or other things of value, to be held, used and applied only for the purposes for |
3 | which the grants and contributions may be made; |
4 | (15) To construct grade separations at intersections of the turnpike, the approaches, and |
5 | highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge, |
6 | the Jamestown Verrazzano Bridge, and any additional facility with public highways, streets, or |
7 | other public ways or places, and to change and adjust the lines and grades thereof so as to |
8 | accommodate the same to the design of the grade separation; the cost of the grade separations and |
9 | any damage incurred in changing and adjusting the lines and grades of the highways, streets, |
10 | ways, and places shall be ascertained and paid by the authority as a part of the cost of the project; |
11 | (16) To vacate or change the location of any portion of any public highway, street, or |
12 | other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other |
13 | equipment and appliance of the state or of any municipality or other political subdivision of the |
14 | state and to reconstruct the same at such new location as the authority shall deem most favorable |
15 | for the project and of substantially the same type and in as good condition as the original |
16 | highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or |
17 | appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the |
18 | location thereof shall be ascertained and paid by the authority as a part of the cost of the project; |
19 | any public highway, street, or other public way or place vacated or relocated by the authority |
20 | shall be vacated or relocated in the manner provided by law for the vacation or relocation of |
21 | public roads, and any damages awarded on account thereof shall be paid by the authority as a part |
22 | of the cost of the project; |
23 | (17) The authority shall also have the power to make reasonable regulations, subject to |
24 | the approval of the public utility administrator, for the installation, construction, maintenance, |
25 | repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, |
26 | poles, and other equipment and appliances (herein called "public utility facilities") of any public |
27 | utility as defined in ยง 39-1-2, in, on, along, over, or under any project. Whenever the authority |
28 | shall determine that it is necessary that any public facilities that now are, or hereafter may be, |
29 | located in, on, along, over, or under any project should be relocated in the project, or should be |
30 | removed from the project, the public utility owning or operating the facilities shall relocate or |
31 | remove the facilities in accordance with the order of the authority; provided, however, that the |
32 | cost and expenses of the relocation or removal, including the cost of installing the facilities in a |
33 | new location, or new locations, and the cost of any lands, or any rights or interests in lands, and |
34 | any other rights acquired to accomplish the relocation or removal, less the cost of any lands or |
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1 | any rights or interests in lands or any other rights of the public utility paid to the public utility in |
2 | connection with the relocation or removal of the property, shall be ascertained and paid by the |
3 | authority as a part of the cost of the project. In case of any relocation or removal of facilities, the |
4 | public utility owning or operating the facilities, its successors or assigns, may maintain and |
5 | operate the facilities, with the necessary appurtenances, in the new location or new locations, for |
6 | as long a period, and upon the same terms and conditions, as it had the right to maintain and |
7 | operate the facilities in their former location or locations; |
8 | (18) To make reasonable regulations and to grant easements for the installation, |
9 | construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment, |
10 | and appliances of any corporation or person owning or operating pipelines in, on, along, over, or |
11 | under the turnpike, whenever the authority shall determine that it is necessary that any facilities |
12 | which now are, or hereafter may be located in, on, along, over or under the turnpike should be |
13 | relocated in the turnpike, or should be removed from the turnpike, the corporation or person |
14 | owning or operating the facilities shall relocate or remove the facilities in accordance with the |
15 | order of the authority; provided, however, that the cost and expense of the relocation or removal, |
16 | including the cost of installing the facilities in a new location, or new locations, and the cost of |
17 | any lands, or any rights or interests in lands, and any other rights acquired to accomplish the |
18 | relocation or removal, less the cost of any lands or any rights or interests in lands or any other |
19 | rights of any corporation or person paid to any corporation or person in connection with the |
20 | relocation or removal of the property, shall be ascertained and paid by the authority as a part of |
21 | the cost of the project. In case of any relocation or removal of facilities, the corporation or person |
22 | owning or operating the facilities, its successors or assigns, may maintain and operate the |
23 | facilities, with the necessary appurtenances, in the new location or new locations, for as long a |
24 | period, and upon the same terms and conditions, as it had the right to maintain and operate the |
25 | facilities in their former location or locations; |
26 | (19) To enter upon any lands, waters, and premises for the purpose of making such |
27 | surveys, soundings, borings, and examinations as the authority may deem necessary or |
28 | convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for |
29 | such purposes be deemed an entry under any condemnation proceedings; provided, however, the |
30 | authority shall pay any actual damage resulting to the lands, water, and premises as a result of the |
31 | entry and activities as a part of the cost of the project; |
32 | (20) To enter into contracts or agreements with any board, commission, public |
33 | instrumentality of another state or the federal government or with any political subdivision of |
34 | another state relating to the connection or connections to be established between the turnpike or |
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1 | any additional facility with any public highway or turnpike now in existence or hereafter to be |
2 | constructed in another state, and with respect to the construction, maintenance, and operation of |
3 | interstate turnpikes or expressways; |
4 | (21) To enter into contracts with the department of transportation with respect to the |
5 | construction, reconstruction, renovation, acquisition, maintenance, repair, operation, or |
6 | management of any project and with the Rhode Island state police with respect to the policing of |
7 | any project; |
8 | (22) To make and enter into all contracts and agreements necessary or incidental to the |
9 | performance of its duties and the execution of its powers under this chapter; and |
10 | (23) To do all other acts and things necessary or convenient to carry out the powers |
11 | expressly granted in this chapter. |
12 | (24) To grant and/or contract, through the transfer of funds of the authority to the |
13 | department of transportation, for the construction, reconstruction, acquisition, maintenance, |
14 | repair, operation, or management by the department of transportation of any project or projects |
15 | authorized by this chapter, and the department of transportation is authorized to accept any such |
16 | grant or transfer of funds. |
17 | (b) Provided, the authority, in carrying out the provisions of this section, shall hold public |
18 | hearings prior to the finalization of any specifications or the awarding of any contracts for any |
19 | project. Provided, further, that any revenue generated by facilities under the control of the |
20 | authority shall only be used for the purposes of the authority. |
21 | (c) The authority is authorized to enter into contracts with the state, or any department of |
22 | the state, to operate and/or manage toll facilities on state roads or bridges not owned, leased by, or |
23 | under the control of the authority, and to collect tolls from such facilities on behalf of the |
24 | department of transportation, provided such tolls shall be set by the state acting through the |
25 | department of transportation pursuant to chapter 13.1 of title 42. Provided however that no toll |
26 | facility shall be used for any purpose other than the collection of the authorized toll and not for |
27 | the purpose of issuing any other motor vehicle violation unrelated to the collection of the toll. |
28 | SECTION 2. Chapter 42-13.1 of the General Laws entitled "The Rhode Island Bridge |
29 | Replacement, Reconstruction, and Maintenance Fund" is hereby amended by adding thereto the |
30 | following section: |
31 | 42-13.1-18. Limitations on use of facilities. |
32 | Any toll facility pursuant to this chapter shall be used for the purpose of collecting tolls |
33 | and no such facility shall be used as a mechanism for detecting additional motor vehicle offenses |
34 | unrelated to the collection of the tolls. |
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1 | SECTION 3. This act shall take effect upon passage. |
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LC003954 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY | |
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1 | This act would prohibit the use of toll collection facilities to toll collection only and not |
2 | for issuing any other motor vehicle violation. |
3 | This act would take effect upon passage. |
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LC003954 | |
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