2019 -- S 0189

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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 - THE RHODE ISLAND UTILITY

FAIR SHARE ROADWAY REPAIR ACT

     Introduced By: Senators McCaffrey, Lynch Prata, and Goodwin

     Date Introduced: January 31, 2019

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 2.2

THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT

     39-2.2-1 Short title.

     This chapter shall be known and may be cited as the "Rhode Island Utility Fair Share

Roadway Repair Act."

     39-2.2-2. Road repair by public utility.

     Any public utility as defined by § 39-1-2 which shall alter, excavate, disrupt or disturb a

roadway shall be responsible for complete repaving and repair of the roadway from curbline to

curbline.

     39-2.2-3. State road repair.

     Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction

of the director of the department of transportation.

     39-2.2-4. Municipal road repair.

     Any repaving and repair of a municipal road required by § 39-2.2-2 shall be to the

satisfaction of the applicable municipal public works director or designated municipal

representative.

     39-2.2-5. Complaint for failure to repair.

     Within one year of completion of repaving and repair of a roadway by a public utility the

director of the department of transportation, with respect to a state roadway, or the municipal

public works director or designated municipal representative with respect to a municipal

roadway, may file a complaint with the public utility administrator for any insufficient, defective,

noncompliant or incomplete repaving or repair of a roadway. The public utility administrator

shall immediately set a time for hearing and shall, after notice of the hearing to the public utility

and to the official filing the complaint, conduct a hearing to determine whether the public utility

failed to comply with the provisions of § 39-2.2-2, and determine what amount, if any, is required

for reparation, reconstruction or repaving in compliance with § 39-2.2-2.

     39-2.2-6. Recovery for failure to repair.

     If any payment, determined to be due from any public utility for reparation,

reconstruction or repaving shall not be paid to the state or municipality within one year from the

date of the determination by the public utility administrator of the amount due from any public

utility, the state or municipality shall be entitled to recover the amount due in an action of debt,

together with interest from six (6) months from the date of determination of the public utility

administrator, at the rate of ten percent (10%) per annum, and upon securing judgment against

any public utility, execution shall issue against the property of the public utility.

     SECTION 2. Section 24-5-1.1 of the General Laws in Chapter 24-5 entitled

"Maintenance of Town Highways" is hereby amended to read as follows:

     24-5-1.1. Alteration of roadways.

     Any person, firm, or corporation including utilities and contractors who alter a roadway

that is subject to the provisions of this chapter shall restore that portion of the roadway which was

altered to the same or better condition that existed prior to alteration. Repaving and repair of a

roadway by a public utility shall be in accordance with and subject to the provisions of chapter

2.2 of title 39.

     SECTION 3. Section 24-8-43 of the General Laws in Chapter 24-8 entitled "Construction

and Maintenance of State Roads" is hereby amended to read as follows:

     24-8-43. Alteration of roadways.

     (a) Any person, firm or corporation including utilities and contractors who alter a

roadway that is subject to the provisions of this chapter shall restore that portion of the roadway

which was altered to the same or better condition that existed prior to alteration. Repaving and

repair of a roadway by a public utility shall be in accordance with and subject to the provisions of

chapter 2.2 of title 39.

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     (b) Any alteration of roadways which creates a public safety concern, as determined by

the public safety official of that community, including the need to move utility poles, shall be

corrected, by the contractor and/or utility, within thirty (30) days of being notified in writing of

such public safety concern by the director of the department of transportation.

     (c) Where the alteration involves the installation or upgrading of a traffic signal(s), such

signal(s) shall not be activated until the alteration has been substantially completed, as determined

by the director of the department of transportation.

     SECTION 4. 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 - THE RHODE ISLAND UTILITY

FAIR SHARE ROADWAY REPAIR ACT

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     This act would create "The Rhode Island Utility Fair Share Roadway Repair Act" which

would require public utilities to repave and repair roadways which have been altered or excavated

by the public utility. Repaving and repair of the roadway would be to the satisfaction of the state

or municipality controlling the roadway. It would also provide for a complaint procedure for

defective or incomplete repairs by public utilities. Financial recovery for defective or incomplete

repairs is provided.

     This act would take effect upon passage.

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