law19170

Chapter 170

2019 -- H 5028 SUBSTITUTE A AS AMENDED
Enacted 07/15/2019

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT

Introduced By: Representatives McNamara, Kazarian, Jackson, Vella-Wilkinson, and

Date Introduced: January 04, 2019

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 or utility facility.

Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter 8.1

of title 24 which that shall alter, excavate, disrupt, or disturb a roadway shall be responsible for

complete repaving and repair of the roadway from curbline to curbline or as required in

accordance with the state or municipal utility permit requirements.

39-2.2-3. State road repair.

(a) 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.

(b) All utility work within and/or upon a state road or state right-of-way requires a state

utility permit issued by the department of transportation prior to the work commencing. Any

public utility or utility facility violating this section for non-emergency utility work without a

state utility permit shall be fined five hundred dollars ($500) per incident in addition to the

required road repaving and repair (restoration).

(1) The public utility or utility facility shall obtain and submit to the state a performance

bond in accordance with the state utility permit application requirements prior to the state utility

permit being issued by the department of transportation; and

(2) The department of transportation will contract with pre-qualified vendors (Master

Price Agreement) to conduct state-certified testing and inspection services on all utility work in

accordance with the state utility permit requirements, and the public utility or utility facility shall

reimburse the department of transportation for these costs; and.

39-2.2-4. Municipal road repair.

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

accordance with standards promulgated by the director of the department of transportation.

39-2.2-5. Recovery for failure to repair state road.

(a) If the director of the department of transportation deems any repaving or repair of a

state road insufficient, defective, noncompliant, or incomplete and requests repairs, it will be the

responsibility of the public utility or utility facility to complete the repairs to the satisfaction of

the director of the department of transportation within thirty (30) days of being notified.

(b) If the public utility or utility facility fails to complete the repairs, the department of

transportation will initiate the repairs through the performance bond claim process and/or

recovering the amount required for the repairs from the public utility or utility facility.

reparation, reconstruction, or repaving shall not be paid to the state within one year from the date

of the determination, the state 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 at the rate of ten percent

(10%) per annum.

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 or that alter a

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

which that was altered to the same or better condition that 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.

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 or that alter a

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

which that was altered to the same or better condition that 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) Any alteration of roadways which that creates a public safety concern, as determined

by the public safety official of that community 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.

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

such 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 4. This act shall take effect upon passage.

========

LC000084/SUB A/2

========