2019 -- S 0041

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND

CARRIERS

     

     Introduced By: Senators Coyne, Felag, Conley, Seveney, and DiPalma

     Date Introduced: January 16, 2019

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-2-15 of the General Laws in Chapter 39-2 entitled "Duties of

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Utilities and Carriers" is hereby amended to read as follows:

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     39-2-15. Interference with construction -- Notice.

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     (a) No utility shall interfere with, or delay the progress of work under any contract with

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or undertaken by the state department, agency, division or board, or any municipality, political

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subdivision, or quasi-governmental entity of the state of Rhode Island, for the construction,

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reconstruction, or improvements of any highway, street, road, railroad grade crossing, bridge,

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tunnel, underpass, overpass, laying of sewer or water or other underground pipes, or any other

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state or municipal contract work, by failing to remove or relocate its poles, wires, cables,

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conduits, pipes, or any other facilities or structures within the time schedule therefor by an

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agreement or under the terms of an agreement between the department, agency, division or board,

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municipality, political subdivision or quasi-governmental entity, and the utility, or, if no time is

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fixed by an agreement or under the terms of such an agreement, within the time fixed by the

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department, agency, division, or board, municipality, political subdivision or quasi-governmental

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entity, by notice served upon the utility by the state department, agency, division, or board,

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municipality, political subdivision or quasi-governmental entity.

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     (b) If the notice is utilized, it shall describe the public improvement and the geographical

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location thereof, the date of commencement, and the date of completion, if any, provided for by

 

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the contract, the contractor's name and address, the manner in which and the extent to which the

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facilities and structures of the utility obstruct or prevent the contractor from progressing or

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performing the work comprehended by the contract, and shall fix the date or time within which

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the utility is required to remove or relocate its facilities or structures, specifying the same, in

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order to provide the contractor with the site when required by the contractor for progressing or

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performing the work pursuant to the state contract. The notice shall be in writing and shall be

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served upon the utility either personally or by certified mail at its principal office or place of

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business in the county where the work under the contract is to be performed, or, if there is no

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principal office or place of business in the county, at the nearest principal office or place of

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business of the utility, outside of the county.

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     (c) In the event the utility to whom the notice described in subsection (b) of this section

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was directed is, for any reason, unable, within the prescribed period, to remove or relocate the

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facilities or structures specified in the notice, the utility shall immediately advise the department,

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agency, division, or board, municipality, political subdivision or quasi-governmental entity, and

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the contractor, in writing, of the inability, and in the same communication so advise the

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department, agency, division, or board, municipality, political subdivision or quasi-governmental

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entity, and the contractor of the approximate date that the removal or relocation of facilities or

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structures could be effected; and shall further state the basis for the inability of the utility to

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remove or relocate the facilities or structures within the time specified by the notice served

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thereon by the department, agency, division, or board, municipality, political subdivision or

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quasi-governmental entity. The department, agency, division, or board, municipality, political

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subdivision or quasi-governmental entity, after examining and considering the utility's basis for

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establishing a different schedule for the removal or relocation, shall, if its basis is reasonable,

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establish and notify the utility of a revised schedule for completing the removal or relocation.

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     (d) In cases where the utility has been reimbursed for removal, relocation, replacement,

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or reconstruction, a utility failing to complete the removal or relocation of the structures or

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facilities within a period of thirty (30) days beyond the time fixed therefor by the latest time

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schedule established in accordance with this section, shall be liable and responsible to any

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contractor for any damages, direct or consequential, sustained by any contractor as the result

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thereof, in an action to be brought by the contractor against the utility in a court of competent

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jurisdiction within three (3) years from the time fixed for the removal or relocation of the

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structures or facilities. If an action is commenced against a utility, as heretofore provided, the

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utility may interpose in its answer in the action any defense available under the provisions of the

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civil practice law and rules. The unreasonableness of the time schedule imposed by the state

 

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department, agency, division, or board, municipality, political subdivision or quasi-governmental

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entity, shall be an absolute defense by the utility to any action by the contractor. If, in any action,

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the utility is found to owe nothing to the contractor, or if an offer of settlement is made by the

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utility which is not accepted by the contractor, and the resulting verdict against the utility is less

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than the offer of settlement, then in either event, the total cost of the utility of litigation, including

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reasonable attorney's fees, shall be paid to the utility by the contractor.

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     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 PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND

CARRIERS

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     This act would extend the co-operation requirement public utilities have by law with

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contractors involved in state construction projects to municipal, political subdivisions and other

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quasi-governmental agencies.

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     This act would take effect upon passage.

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