2020 -- S 2499

========

LC004940

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND

CARRIERS

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

     Date Introduced: February 25, 2020

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

or any other facilities or structures within the time schedule therefor by an agreement or under the

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

subdivision or quasi-governmental entity, and the utility, or, if no time is fixed by an agreement or

under the terms of such an agreement, within the time fixed by the department, agency, division,

or board, municipality, political subdivision or quasi-governmental entity, by notice served upon

the utility by the state department, agency, division, or board, municipality, political subdivision or

quasi-governmental entity.

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

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

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

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

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

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

provide the contractor with the site when required by the contractor for progressing or performing

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

utility either personally or by certified mail at its principal office or place of business in the county

where the work under the contract is to be performed, or, if there is no principal office or place of

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

the county.

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

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

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

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

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

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

the contractor of the approximate date that the removal or relocation of facilities or structures could

be effected; and shall further state the basis for the inability of the utility to remove or relocate the

facilities or structures within the time specified by the notice served thereon by the department,

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

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

entity, after examining and considering the utility's basis for establishing a different schedule for

the removal or relocation, shall, if its basis is reasonable, establish and notify the utility of a revised

schedule for completing the removal or relocation.

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

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

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

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

damages, direct or consequential, sustained by any contractor as the result thereof, in an action to

be brought by the contractor against the utility in a court of competent jurisdiction within three (3)

years from the time fixed for the removal or relocation of the structures or facilities. If an action is

commenced against a utility, as heretofore provided, the utility may interpose in its answer in the

action any defense available under the provisions of the civil practice law and rules. The

unreasonableness of the time schedule imposed by the state department, agency, division, or board,

LC004940 - Page 2 of 4

municipality, political subdivision or quasi-governmental entity, shall be an absolute defense by

the utility to any action by the contractor. If, in any action, the utility is found to owe nothing to the

contractor, or if an offer of settlement is made by the utility which is not accepted by the contractor,

and the resulting verdict against the utility is less than the offer of settlement, then in either event,

the total cost of the utility of litigation, including reasonable attorney's fees, shall be paid to the

utility by the contractor.

     SECTION 2. This act shall take effect upon passage.

========

LC004940

========

LC004940 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND

CARRIERS

***

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

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

quasi-governmental agencies.

     This act would take effect upon passage.

========

LC004940

========

LC004940 - Page 4 of 4