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 | |
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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: | |
1 | SECTION 1. Section 24-5-1.1 of the General Laws in Chapter 24-5 entitled |
2 | "Maintenance of Town Highways" is hereby amended to read as follows: |
3 | 24-5-1.1. Alteration of roadways. |
4 | (a) Any person, firm, or corporation including, without limitation, utilities and |
5 | contractors who or that alter a roadway that is subject to the provisions of this chapter shall |
6 | restore that portion of the roadway that was altered to the same or better condition than that which |
7 | existed prior to alteration or as required in accordance with the state or municipal permit |
8 | requirements. Repaving and repair of a roadway by a public utility or utility facility shall be in |
9 | accordance with and subject to the provisions of chapter 2.2 of title 39. |
10 | (b) Restoration of any altered roadway shall commence immediately after the completion |
11 | of the alteration, and shall include, if necessary, temporary or intermediate restoration on an |
12 | ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be |
13 | completed. |
14 | (c) Failure to comply with the provisions of subsection (a) or (b) of this section shall |
15 | result in a fine imposed by the city or town in the amount of five hundred dollars ($500) per day |
16 | for each day that the person, firm or corporation fails to comply. |
17 | (b)(d) Municipalities shall adopt by ordinance standards for use of steel or other suitably |
18 | manufactured plates on municipal roadways that shall, at a minimum, require compliance with |
19 | the provisions specified in ยง 24-8-45. |
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1 | SECTION 2. Section 24-8-43 of the General Laws in Chapter 24-8 entitled "Construction |
2 | and Maintenance of State Roads" is hereby amended to read as follows: |
3 | 24-8-43. Alteration of roadways. |
4 | (a) Any person, firm or corporation including, without limitation, utilities and contractors |
5 | who or that alter a roadway that is subject to the provisions of this chapter shall restore that |
6 | portion of the roadway that was altered to the same or better condition than that which existed |
7 | prior to alteration or as required in accordance with the state or municipal permit requirements. |
8 | Repaving and repair of a roadway by a public utility or utility facility shall be in accordance with |
9 | and subject to the provisions of chapter 2.2 of title 39. |
10 | (b) Restoration of any altered roadway shall commence immediately after the completion |
11 | of the alteration, and shall include, if necessary, temporary or intermediate restoration on an |
12 | ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be |
13 | completed. |
14 | (c) Failure to comply with subsections (a) or (b) of this section shall result in a fine |
15 | imposed by the city of town in the amount of five hundred dollars ($500) per day for each day |
16 | that the person, firm or corporation fails to comply. |
17 | (b)(d) Any alteration of roadways that creates a public safety concern, as determined by |
18 | the public safety official of the municipality or the state, including the need to move utility poles, |
19 | shall be corrected by the contractor and/or utility within thirty (30) days of being notified in |
20 | writing of such public safety concern by the director of the department of transportation. |
21 | (c) Restoration of any altered roadway shall commence immediately after the completion |
22 | of the alteration and shall include, if necessary, temporary or intermediate restoration on an |
23 | ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be |
24 | completed. |
25 | (d)(e) Where the alteration involves the installation or upgrading of a traffic signal(s), the |
26 | signal(s) shall not be activated until the alteration has been substantially completed, as determined |
27 | by the director of the department of transportation. |
28 | SECTION 3. This act shall take effect upon passage. |
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LC003362 | |
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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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1 | This act would require that any altered roadways be restored to the same or better |
2 | condition than that which existed prior to the alteration, immediately after the completion of the |
3 | alteration, including interim measures as needed on an ongoing basis, and would provide a daily |
4 | penalty of five hundred dollars ($500) for failure to comply. |
5 | This act would take effect upon passage. |
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