2018 -- H 7837

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LC003954

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     

     Introduced By: Representatives Roberts, Filippi, Giarrusso, Nardolillo, and Quattrocchi

     Date Introduced: February 28, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-12-9 of the General Laws in Chapter 24-12 entitled "Rhode

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Island Turnpike and Bridge Authority" is hereby amended to read as follows:

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     24-12-9. Powers of authority.

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     (a) The authority is hereby authorized and empowered:

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     (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

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     (2) To adopt an official seal and alter it at pleasure;

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     (3) To maintain an office at such place or places within the state as it may designate;

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     (4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that

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any and all actions at law or in equity against the authority shall be brought only in the county in

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which the principal office of the authority shall be located;

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     (5) To determine, subject to the approval of the director of transportation, the location

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and the design standards of the Newport Bridge, the turnpike, and any additional new facility to

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be constructed;

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     (6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as

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provided in this chapter;

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     (7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the

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Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike, and any additional

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facility or facilities, or any two (2) or more of such projects;

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     (8) To borrow money in anticipation of the issuance of bonds for any of its purposes and

 

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to issue notes, certificates, or other evidences of borrowing in form as may be authorized by

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resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in

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the first instance from the proceeds of any bonds issued under the provisions of this chapter and

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to contain on their face a statement to the effect that neither the state, the authority, nor any

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municipality or other political subdivision of the state shall be obligated to pay the same or the

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interest thereon except from the proceeds of bonds in anticipation of the issuance of which the

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notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;

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     (9) To fix and revise, from time to time, subject to the provisions of this chapter, and to

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charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and

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for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the

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Jamestown Verrazzano Bridge, and any additional facility acquired, financed, or leased under the

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provisions of this chapter;

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     (10) To acquire, hold, and dispose of real and personal property in the exercise of its

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powers and the performance of its duties;

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     (11) To acquire in the name of the authority, by purchase or otherwise, on such terms and

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conditions and in such manner as it may deem proper, or by the exercise of the rights of

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condemnation in the manner as provided by this chapter, public or private lands, including public

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parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property,

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rights, easements, and interests as it may deem necessary for carrying out the provisions of this

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chapter; provided, however, that all public property damaged in carrying out the powers granted

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by this chapter shall be restored or repaired and placed in its original condition as nearly as

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practicable;

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     (12) To designate the locations, with the approval of the director of transportation, and

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establish, limit, and control the points of ingress to and egress from the turnpike and any

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additional facility as may be necessary or desirable in the judgment of the authority to ensure the

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proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or

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points not so designated;

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     (13) To employ, in its discretion, consulting engineers, attorneys, accountants,

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construction and financial experts, superintendents, managers, and such other employees and

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agents as may be necessary in its judgment, and to fix their compensation;

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     (14) To apply for, receive, and accept from any federal agency aid and/or grants for or in

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aid of the repair, maintenance, and/or construction of the turnpike, the Newport Bridge, the

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Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge, or any

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additional facility, and to receive and accept from the state, from any municipality, or other

 

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political subdivision thereof and from any other source aid or contributions of either money,

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property, labor, or other things of value, to be held, used and applied only for the purposes for

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which the grants and contributions may be made;

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     (15) To construct grade separations at intersections of the turnpike, the approaches, and

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highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge,

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the Jamestown Verrazzano Bridge, and any additional facility with public highways, streets, or

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other public ways or places, and to change and adjust the lines and grades thereof so as to

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accommodate the same to the design of the grade separation; the cost of the grade separations and

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any damage incurred in changing and adjusting the lines and grades of the highways, streets,

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ways, and places shall be ascertained and paid by the authority as a part of the cost of the project;

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     (16) To vacate or change the location of any portion of any public highway, street, or

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other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other

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equipment and appliance of the state or of any municipality or other political subdivision of the

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state and to reconstruct the same at such new location as the authority shall deem most favorable

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for the project and of substantially the same type and in as good condition as the original

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highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or

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appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the

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location thereof shall be ascertained and paid by the authority as a part of the cost of the project;

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any public highway, street, or other public way or place vacated or relocated by the authority

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shall be vacated or relocated in the manner provided by law for the vacation or relocation of

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public roads, and any damages awarded on account thereof shall be paid by the authority as a part

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of the cost of the project;

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     (17) The authority shall also have the power to make reasonable regulations, subject to

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the approval of the public utility administrator, for the installation, construction, maintenance,

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repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers,

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poles, and other equipment and appliances (herein called "public utility facilities") of any public

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utility as defined in ยง 39-1-2, in, on, along, over, or under any project. Whenever the authority

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shall determine that it is necessary that any public facilities that now are, or hereafter may be,

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located in, on, along, over, or under any project should be relocated in the project, or should be

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removed from the project, the public utility owning or operating the facilities shall relocate or

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remove the facilities in accordance with the order of the authority; provided, however, that the

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cost and expenses of the relocation or removal, including the cost of installing the facilities in a

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new location, or new locations, and the cost of any lands, or any rights or interests in lands, and

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any other rights acquired to accomplish the relocation or removal, less the cost of any lands or

 

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any rights or interests in lands or any other rights of the public utility paid to the public utility in

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connection with the relocation or removal of the property, shall be ascertained and paid by the

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authority as a part of the cost of the project. In case of any relocation or removal of facilities, the

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public utility owning or operating the facilities, its successors or assigns, may maintain and

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operate the facilities, with the necessary appurtenances, in the new location or new locations, for

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as long a period, and upon the same terms and conditions, as it had the right to maintain and

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operate the facilities in their former location or locations;

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     (18) To make reasonable regulations and to grant easements for the installation,

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construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment,

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and appliances of any corporation or person owning or operating pipelines in, on, along, over, or

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under the turnpike, whenever the authority shall determine that it is necessary that any facilities

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which now are, or hereafter may be located in, on, along, over or under the turnpike should be

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relocated in the turnpike, or should be removed from the turnpike, the corporation or person

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owning or operating the facilities shall relocate or remove the facilities in accordance with the

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order of the authority; provided, however, that the cost and expense of the relocation or removal,

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including the cost of installing the facilities in a new location, or new locations, and the cost of

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any lands, or any rights or interests in lands, and any other rights acquired to accomplish the

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relocation or removal, less the cost of any lands or any rights or interests in lands or any other

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rights of any corporation or person paid to any corporation or person in connection with the

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relocation or removal of the property, shall be ascertained and paid by the authority as a part of

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the cost of the project. In case of any relocation or removal of facilities, the corporation or person

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owning or operating the facilities, its successors or assigns, may maintain and operate the

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facilities, with the necessary appurtenances, in the new location or new locations, for as long a

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period, and upon the same terms and conditions, as it had the right to maintain and operate the

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facilities in their former location or locations;

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     (19) To enter upon any lands, waters, and premises for the purpose of making such

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surveys, soundings, borings, and examinations as the authority may deem necessary or

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convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for

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such purposes be deemed an entry under any condemnation proceedings; provided, however, the

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authority shall pay any actual damage resulting to the lands, water, and premises as a result of the

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entry and activities as a part of the cost of the project;

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     (20) To enter into contracts or agreements with any board, commission, public

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instrumentality of another state or the federal government or with any political subdivision of

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another state relating to the connection or connections to be established between the turnpike or

 

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any additional facility with any public highway or turnpike now in existence or hereafter to be

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constructed in another state, and with respect to the construction, maintenance, and operation of

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interstate turnpikes or expressways;

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     (21) To enter into contracts with the department of transportation with respect to the

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construction, reconstruction, renovation, acquisition, maintenance, repair, operation, or

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management of any project and with the Rhode Island state police with respect to the policing of

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any project;

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     (22) To make and enter into all contracts and agreements necessary or incidental to the

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performance of its duties and the execution of its powers under this chapter; and

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     (23) To do all other acts and things necessary or convenient to carry out the powers

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expressly granted in this chapter.

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     (24) To grant and/or contract, through the transfer of funds of the authority to the

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department of transportation, for the construction, reconstruction, acquisition, maintenance,

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repair, operation, or management by the department of transportation of any project or projects

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authorized by this chapter, and the department of transportation is authorized to accept any such

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grant or transfer of funds.

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     (b) Provided, the authority, in carrying out the provisions of this section, shall hold public

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hearings prior to the finalization of any specifications or the awarding of any contracts for any

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project. Provided, further, that any revenue generated by facilities under the control of the

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authority shall only be used for the purposes of the authority.

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     (c) The authority is authorized to enter into contracts with the state, or any department of

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the state, to operate and/or manage toll facilities on state roads or bridges not owned, leased by, or

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under the control of the authority, and to collect tolls from such facilities on behalf of the

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department of transportation, provided such tolls shall be set by the state acting through the

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department of transportation pursuant to chapter 13.1 of title 42. Provided however that no toll

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facility shall be used for any purpose other than the collection of the authorized toll and not for

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the purpose of issuing any other motor vehicle violation unrelated to the collection of the toll.

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     SECTION 2. Chapter 42-13.1 of the General Laws entitled "The Rhode Island Bridge

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Replacement, Reconstruction, and Maintenance Fund" is hereby amended by adding thereto the

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following section:

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     42-13.1-18. Limitations on use of facilities.

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     Any toll facility pursuant to this chapter shall be used for the purpose of collecting tolls

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and no such facility shall be used as a mechanism for detecting additional motor vehicle offenses

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unrelated to the collection of the tolls.

 

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     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 - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

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     This act would prohibit the use of toll collection facilities to toll collection only and not

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for issuing any other motor vehicle violation.

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     This act would take effect upon passage.

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