2023 -- S 0989

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

MUNICIPAL TRANSPORTATION INFRASTRUCTURE PROGRAM

     Introduced By: Senators Zurier, Britto, Rogers, Lombardo, Felag, DiPalma, Ciccone, and
Gu

     Date Introduced: May 15, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 13.2

THE RHODE ISLAND MUNICIPAL TRANSPORTATION INFRASTRUCTURE PROGRAM

OF 2023

     42-13.2-1. Short title.

     This chapter shall be known and may be cited as "The Rhode Island Municipal

Transportation Infrastructure Program Act of 2023".

     42-13.2-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "Asset management plan" means a strategic and systematic process of operating,

maintaining, and improving physical assets, with a focus on both engineering and economic

analysis based upon quality information, to identify a structured sequence of maintenance,

preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired

state of good repair over the lifecycle of the assets at minimum practicable cost.

     (2) "Department" means the Rhode Island department of transportation.

     (3) "Program" means the Rhode Island municipal transportation infrastructure program.

     (4) "Project" means any undertaking eligible for assistance pursuant to the provisions of

this chapter.

     42-13.2-3. Rhode Island municipal transportation infrastructure program.

     There is hereby established the Rhode Island municipal transportation infrastructure

program. This program shall support municipal roadway infrastructure repair and improvement

projects.

     42-13.2-4. Municipal transportation infrastructure account.

     There hereby established a municipal transportation infrastructure restricted receipt

account within the department. The department shall administer this account and allocate funding

for program projects. Notwithstanding the provisions of § 35-4-27, the account shall be exempted

from the state's indirect cost recovery.

     42-13.2-5. Funding.

     (a) The state may fund the program through the issuance of general obligation bonds,

refunding bonds, temporary notes, or general revenue appropriated by the general assembly.

Program funds shall be deposited in the municipal transportation infrastructure restricted receipt

account.

     (b) The department shall develop a funding distribution formula. The department may

consider local road mileage, community population, employment figures, and other applicable

program variables.

     (c) Funding shall be used to cover construction, right of way and design costs associated

with the project, but shall not be used to pay for utility relocation or enhancements.

     (d) Funding shall not be awarded for bridge replacements, sidewalks with utilities, or any

project(s) not directly related to the improvement of an existing municipal roadway.

     (e) The department shall list eligible project criteria in the program regulations.

     (f) The department shall not allocate more than eighty percent (80%) of program funds in

a given funding cycle and maintain twenty percent (20%) in a contingency fund.

     42-13.2-6. Allocation of funds to municipalities.

     (a) The department shall notify municipalities about available funding during the month of

January of each calendar year.

     (b) The department shall set a per community limit on grants received to provide for

equitable distribution amongst cities and towns.

     (c) Municipalities shall be required to provide a thirty percent (30%) match prior to

receiving a program grant. The match shall be certified through resolution of the municipal

governing body.

     (d) Municipalities shall not receive funding for roadways not listed in the roadway database

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in accordance with § 42-13.2-7.

     42-13.2-7. Roadway database.

     (a) The department shall develop a transparent roadway database for municipalities to

access and upload municipal roadway information required pursuant to subsection (d) of this

section.

     (b) The database shall be completed and accessible to municipalities within six (6) months

of the effective date of this chapter and municipalities shall have six (6) months following the

launch of the database to compile and upload the road list. Upon activation of the database, the

department shall notify municipalities by electronic mail and provide steps to upload data.

     (c) Municipalities shall provide the road name, condition, length, infrastructure

under/along the roadway, and pedestrian features. The department may request additional roadway

information deemed pertinent.

     (d) It shall be the responsibility of the municipality to update the roadway database by

December 31 of each year the program is active to ensure the department has an accurate database

of local roads.

     (e) The department shall use this information to maintain a comprehensive conditions list

of municipal roadways.

     42-13.2-8. Roadway program.

     (a) Within one year of receipt of initial program funds into the restricted receipt account,

the department shall open the program to solicitations.

     (b) The department shall develop program rules and regulations within six (6) months of

the effective date of this chapter and shall provide the rules and regulations to the municipalities

within thirty (30) days of approval.

     (c) The department shall inform the municipalities of the funding opportunities in

accordance with § 42-13.2-6(a).

     (d) The department shall provide reporting program guidance documents and training

assistance to municipalities.

     (e) Projects eligible for funding shall include, but not limited to, repair and rehabilitation

to municipally maintained roads, safety enhancements, lighting, sidewalks, and related work per

the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq.

     (f) Each municipality shall report quarterly to the department on the status of awarded

projects.

     (g) The department shall provide a report to the senate president, speaker of the house, and

governor on a quarterly basis regarding the status of the program.

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     (h) Municipalities shall provide the department with a biennial municipal asset

management plan. The department shall provide the municipalities with an asset management

document.

     (i) Any municipality which does not comply with reporting requirements, funding

obligation deadlines or other regulations set forth by the department shall be deemed ineligible for

future funding opportunities under the program.

     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 STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

MUNICIPAL TRANSPORTATION INFRASTRUCTURE PROGRAM

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     This act would establish the Rhode Island municipal transportation infrastructure program.

Pursuant to the program a restricted receipt account would be established in the department of

transportation. Funds in the account would be used to pay for seventy percent (70%) of approved

municipal roadway and related projects. Thirty percent (30%) of costs would be paid by the

municipality.

     This act would take effect upon passage.

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