2020 -- H 7097

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LC003362

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HIGHWAYS -- MAINTENANCE OF TOWN AND STATE HIGHWAYS

     Introduced By: Representatives Fellela, Messier, Hull, and Serpa

     Date Introduced: January 10, 2020

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. 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.

     (a) Any person, firm, or corporation including, without limitation, utilities and

contractors who or that alter a roadway that is subject to the provisions of this chapter shall

restore that portion of the roadway that was altered to the same or better condition than that which

existed prior to alteration or as required in accordance with the state or municipal permit

requirements. Repaving and repair of a roadway by a public utility or utility facility shall be in

accordance with and subject to the provisions of chapter 2.2 of title 39.

     (b) Restoration of any altered roadway shall commence immediately after the completion

of the alteration, and shall include, if necessary, temporary or intermediate restoration on an

ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

completed.

     (c) Failure to comply with the provisions of subsection (a) or (b) of this section shall

result in a fine imposed by the city or town in the amount of five hundred dollars ($500) per day

for each day that the person, firm or corporation fails to comply.

     (b)(d) Municipalities shall adopt by ordinance standards for use of steel or other suitably

manufactured plates on municipal roadways that shall, at a minimum, require compliance with

the provisions specified in § 24-8-45.

     SECTION 2. 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, without limitation, utilities and contractors

who or that alter a roadway that is subject to the provisions of this chapter shall restore that

portion of the roadway that was altered to the same or better condition than that which existed

prior to alteration or as required in accordance with the state or municipal permit requirements.

Repaving and repair of a roadway by a public utility or utility facility shall be in accordance with

and subject to the provisions of chapter 2.2 of title 39.

     (b) Restoration of any altered roadway shall commence immediately after the completion

of the alteration, and shall include, if necessary, temporary or intermediate restoration on an

ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

completed.

     (c) Failure to comply with subsections (a) or (b) of this section shall result in a fine

imposed by the city of town in the amount of five hundred dollars ($500) per day for each day

that the person, firm or corporation fails to comply.

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

the public safety official of the municipality or the state, 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) Restoration of any altered roadway shall commence immediately after the completion

of the alteration and shall include, if necessary, temporary or intermediate restoration on an

ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

completed.

     (d)(e) Where the alteration involves the installation or upgrading of a traffic signal(s), the

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

by the director of the department of transportation.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- MAINTENANCE OF TOWN AND STATE HIGHWAYS

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     This act would require that any altered roadways be restored to the same or better

condition than that which existed prior to the alteration, immediately after the completion of the

alteration, including interim measures as needed on an ongoing basis, and would provide a daily

penalty of five hundred dollars ($500) for failure to comply.

     This act would take effect upon passage.

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