Chapter 195

2005 -- S 0981 AS AMENDED

Enacted 07/07/05

A N A C T

RELATING TO HIGHWAYS -- CONSTRUCTION AND MAINTENANCE OF STATE

ROADS

Introduced By: Senators Ciccone, Badeau, and Lanzi

Date Introduced: March 29, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 24-8-15 and 24-8-26 of the General Laws in Chapter 24-8 entitled

"Construction and Maintenance of State Roads" are hereby amended to read as follows:

24-8-15. Snow and ice removal -- Notice of defects. -- (a) Every town or city shall at its

own expense keep state roads within its limits, respectively, sufficiently clear of snow and ice so

the roads shall be reasonably safe for travel as now required by law, and shall at once notify in

writing the director of transportation or his or her employees of any defect or want of repair of

state roads within its limits.

      (b)(1) Notwithstanding any other provision of law or state policy regarding the removal

of snow and ice from state maintained roads, the application of de-icing agents to any road within

the Scituate watershed shall, whenever possible and not precluded by the severity of road

conditions, be in the premixed ratio of four (4) parts sodium chloride to one part calcium chloride,

which de-icing mix shall be applied at the ratio of two (2) parts de-icing agent to seven (7) parts

sand at the rate of one hundred seventy (170) pounds per lane mile.

      (2) All storage piles or areas where road de-icing agents are stored within the Scituate

watershed shall be adequately covered and stored on an impervious base to mitigate runoff

impacts to ground and surface waters. The director of the department of transportation shall

ensure where funds allow, that all drivers, loaders and handlers of de-icing agents within any

watershed participate in training sessions in the proper application and control of road de-icing

agents; that de-icing vehicles, wherever feasible, operating within the Scituate watershed area

equipped with sensor devices to control the spread rate of de-icing materials in relation to the

speed of the vehicle.

      (3) For purposes of this section the "Scituate watershed" shall mean the total drainage

area into the Scituate Reservoir -- an area of some 92.8 square miles in the towns of Scituate,

Johnston, Foster, Glocester, and Smithfield -- which because of its topography, soil type, and

drainage patterns acts as a collector of rain waters which replenish or regorge existing pubic

drinking water supplies in the Scituate Reservoir.

24-8-26. Removal of snow and ice from bridges -- Notice of defects. -- (a) Every town

or city in which any bridge is located, which shall be maintained by the state under the provisions

of this chapter, shall at its own expense keep the bridge within its limits sufficiently clear of snow

and ice so that the bridge shall be reasonably safe for traveling, and shall at once notify in writing

the director of transportation or the director's employees of any defect or want of repair in the

bridge. The director of transportation shall upon the receipt of the information notify any public

utility using the bridge of the defect or want of repair.

      (b) Notwithstanding any other provision of law or state policy regarding the removal of

snow and ice from state maintained roads, the application of de-icing agents to any road within

the Scituate watershed shall, whenever possible and not precluded by the severity of road

conditions, be in the premixed ratio of four (4) parts sodium chloride to one part calcium chloride,

which de-icing mix shall be applied at the ratio of two (2) parts de-icing agent to seven (7) parts

sand at the rate of one hundred seventy (170) pounds per lane mile.

      (c) All storage piles or areas where road de-icing agents are stored within the Scituate

watershed shall be adequately covered and stored on an impervious base to mitigate runoff

impacts to ground and surface waters. The director of the department of transportation shall

ensure where funds allow, that all drivers, loaders, and handlers of de-icing agents within any

watershed participate in training sessions in the proper application and control of road de-icing

agents; that de-icing vehicles, wherever feasible, operating within the Scituate watershed area

equipped with sensor devices to control the spread rate of de-icing materials in relation to the

speed of the vehicle.

      (d) For purposes of this section the "Scituate watershed" shall mean the total drainage

area into the Scituate Reservoir -- an area of some 92.8 square miles in the towns of Scituate,

Johnston, Foster, Glocester, and Smithfield -- which because of its topography, soil type, and

drainage patterns acts as a collector of rain waters which replenish or regorge existing public

drinking water supplies in the Scituate Reservoir.

     SECTION 2. Section 46-15.3-11 of the General Laws in Chapter 46-15.3 entitled "Public

Drinking Water Supply System Protection" is hereby amended to read as follows:

46-15.3-11. Disbursements from the funds. -- (a) Only suppliers which withdraw water

from wells, reservoirs, springs, or other original sources of potable water shall be entitled to

disbursements from the first of the two (2) mentioned funds created under section 46-15.3-10

administered by the water resources board. From amounts available from bond proceeds held by

the water resources board, that board shall disburse to each supplier contributing to the fund a

proportional amount based upon each supplier's pro rata withdrawal of water by volume from

wells, reservoirs, springs, or other original sources of water averaged over the three (3) calendar

years preceding disbursement as determined by the water resources board. Suppliers shall be

required to expend this money as follows:

      (1) Not less than fifty-five percent (55%) shall be spent for acquisition of land or rights

in land or physical improvements to acquired land required to protect the quality of raw water of

the water supply system. Expenditures for maintenance, administration, and payment of taxes on

land acquired under this chapter shall be included within this subdivision.

      (2) Any remaining funds may be used for any eligible expenditures as defined in section

46-15.3-4.

      (b) The city of Providence shall make expenditures from amounts available in the fund

held by the city of Providence based on the same formula as in subdivisions (a)(1) and (a)(2)

above; provided, however, the city of Providence shall be exempt from participating in the use of

an alternate deicing mixture within the Scituate watershed unless drinking water supply sodium

levels exceed fifteen (15) ppm (parts per million) for three (3) consecutive years or seventeen

(17) ppm (parts per million) for one year. The city of Providence will monitor sodium levels and

report sodium testing results to the Rhode Island department of health and the public on a yearly

basis. If drinking water supply sodium levels exceed fifteen (15) ppm for three (3) consecutive

years or seventeen (17) ppm for one year, the city of Providence shall immediately participate in

the use of an alternative deicing mixture within the Scituate watershed. In December of 2008, the

city of Providence will provide a three (3) year report to the Rhode Island department of

environmental management, the general assembly and the public. Every three (3) years the city

of Providence will submit a report to the general assembly on monitoring data for sodium levels

within the Scituate watershed. This report will include monitoring data from the previous three-

year period. provided, however, that upon receipt of authenticated vouchers from the director of

the department of transportation for expenditures made by the department in the purchase of

deicing agent alternatives in the removal of snow and ice from roads and bridges within the

Scituate watershed, pursuant to sections 24-8-15 and 24-8-26, the city of Providence shall honor

the vouchers.

      (c) In making decisions about the expenditure of money under the provisions of this

chapter, suppliers shall take into account the following factors:

      (1) The likelihood of development of the specific parcel proposed for acquisition;

      (2) The existing land uses, as well as the likelihood of development, in the watershed;

      (3) The potential threat to public drinking water sources posed by development in the

watershed including, but not limited to, the intensity of development, the types of land uses,

proximity to reservoirs and/or well heads, and the buffering and filtration capacity of the natural

systems;

      (4) Whether alternative protection measures are available and/or have been attempted,

including local land use regulations;

      (5) The number of persons who presently depend on the sources for their drinking water,

as well as the number of persons who may depend on it in the future;

      (6) The anticipated cost of the parcel proposed to be purchased, and whether less than a

fee interest may be acquired which would reduce the cost significantly while still providing

protection to the source;

      (7) Other cost effectiveness considerations, including whether protection of the source

can be provided by the construction of physical improvements;

      (8) Whether acquisition of the specific parcel, and the protection of the watershed of

which it is a part, is consistent with other planning considerations;

      (9) Proposed management techniques for the parcel proposed to be acquired which will

maximize its capacity to protect the source.

      (d) The costs of issuance of notes and bonds authorized by section 46-15.3-10 may be

payable from any monies in the water quality protection funds.

     SECTION 3. This act shall take effect upon passage.     

=======

LC02853

=======