2022 -- H 7604

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LC005251

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HIGHWAYS -- RELOCATION OF UTILITY SERVICES

     Introduced By: Representatives Barros, Alzate, Solomon, Amore, Felix, Giraldo, Fenton-
Fung, Kazarian, and Potter

     Date Introduced: March 02, 2022

     Referred To: House Corporations

     (Dept. of Transportation)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 24-8.1-2 of the General Laws in Chapter 24-8.1 entitled "Relocation

of Utility Services" is hereby amended to read as follows:

     24-8.1-2. Relocation of utility facilities necessitated by highway construction.

     Notwithstanding any provision of law or of any charter or statute, general or special, to the

contrary, whenever state initiated relocation of utility facilities in the state, owned by private

corporations, private companies, municipalities, political subdivisions, authorities, or agencies of

the state, whether within or without the limits of public ways, shall become necessary in connection

with a highway project on the federal aid primary or secondary systems or on the national system

of interstate and defense highways, including extensions thereof, for which the state shall be

entitled under any law of the United States to reimbursement from federal funds for any portion of

the cost of the project, then the state may order the relocation of the utility facilities, and the private

corporation, private company, municipality, political subdivision, agencies of the state, or authority

owning or operating the facilities shall promptly relocate the facilities in accordance with the order

and the state shall pay the cost of the relocation to the utility as part of the cost of the federally

aided highway project reimburse the owner of such utility or utility facility for the cost of relocation

subject to the following limitations and in accordance with the following formula: for any utility

facility that is to be reimbursed federally, in whole or in part, and for any utility facility that does

not qualify for federal reimbursement, the division shall reimburse the owner fifty percent (50%)

of the costs of relocating the utility facility; in no case shall a utility be reimbursed for any type of

betterment; reimbursement is for relocation costs only; the state shall pay the cost of the relocation

to the utility as part of the cost of the federally aided highway project. A utility relocation shall be

eligible for reimbursement pursuant to this section only if it is completed to the satisfaction of the

state within target dates established by the state and in accordance with design criteria set forth by

the state for the relocation in manner that facilitates the timely completion of the affected project.

The state shall pay a reasonable amount to private corporations and private companies for the

relocation of utilities commencing with highway projects that are authorized for construction after

March 1, 1976.

     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 HIGHWAYS -- RELOCATION OF UTILITY SERVICES

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     This act would amend the formula used to reimburse a utility facility or company for the

cost of relocation necessitated by highway construction.

     This act would take effect upon passage.

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LC005251

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