2013 -- H 5644

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LC01571

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Representatives Lima, Edwards, and Gallison

     Date Introduced: February 27, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 24-12-9, 24-12-26 and 24-12-40.F of the General Laws in Chapter

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24-12 entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to read as

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follows:

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     24-12-9. Powers of authority. -- (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 be

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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 insure 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 shall

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

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

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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 section 39-1-2, in, on, along, over or under any project. Whenever the

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authority shall determine that it is necessary that any public facilities which now are, or hereafter

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

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

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

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that the cost and expenses of the relocation or removal, including the cost of installing the

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

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

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

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public utility in connection with the relocation or removal of the property, shall be ascertained

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and paid by the authority as a part of the cost of the project. In case of any relocation or removal

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

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maintain and operate the facilities, with the necessary appurtenances, in the new location or new

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

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maintain and 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, repair,

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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.

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     24-12-26. Power to collect tolls and charges -- Gasoline and service concessions. -- (a)

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The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge

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and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River

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Bridge (subject to federal regulations and approvals), the turnpike and the different parts or

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sections thereof, and for the use of any additional facility and the different parts or sections

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thereof, and to contract with any person, partnership, association or corporation for placing on

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any project telephone, telegraph, electric light or power lines, gas stations, garages, and

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restaurants if deemed necessary by the authority in connection with the project, or for the use of

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any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike

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or of any additional facility or for any other purposes and to fix the terms, conditions, rents and

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rates of charges for such use; provided, that the authority shall construct any gasoline service

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facilities which it may determine are needed on the project, and provided, further, that, to afford

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users of the project a reasonable choice of motor fuels of different brands, each gasoline service

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station shall be separately offered for lease upon sealed bids and, after notice of the offer has been

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published once a week in three (3) consecutive weeks in a newspaper having general circulation

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in the state, and, in the event an acceptable bid shall be received in the judgment of the authority,

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each lease shall be awarded to the highest responsible bidder therefor, but no person shall be

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awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or

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brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service

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station if they would constitute more than twenty-five percent (25%) of the service stations on the

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project. Notwithstanding the provisions of this section, members of the town of Jamestown police

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and fire department and ambulance service personnel of the town of Jamestown and Jamestown

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school department who, in the course of their duty, are required to pay a toll for use of the

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Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of

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Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in

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turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of

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this section, members of the city of Newport police and fire department and rescue personnel

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who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall,

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upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed

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for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all

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payments made by the state.

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      (b) Notwithstanding the provisions of this section, members of the police and fire

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department and rescue personnel of any city or town in this state who, in the course of their duty,

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are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,

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upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed

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for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all

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payments made by the state.

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     24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and

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bridge authority -- Institution of tolls Title to Sakonnet River Bridge vested in Rhode Island

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turnpike and bridge authority. -- All powers, control, and jurisdiction of and title to the

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Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge

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authority. The authority may charge and collect tolls for the use of the Sakonnet River Bridge to

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provide funds sufficient with any other monies available therefor The general assembly shall

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make an annual appropriation of not less than ten million dollars ($10,000,000) to the Rhode

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Island turnpike and bridge authority in lieu of any charge and collection of tolls for the use of the

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Sakonnet River Bridge combined with any other monies available therefor for paying the costs of

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acquiring, leasing, maintaining, repairing and operating, the Jamestown Verrazzano Bridge, the

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Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and

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additional facilities. Said annual appropriation shall be made by transferring said sum from the

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monies appropriated for advertising and public relations allowed to be collected and/or dispersed

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by the state lottery division by Twin River pursuant to the provisions of section 42-61.2-7.

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     SECTION 2. This act shall take effect upon passage.

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LC01571

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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 repeal the power granted to the Rhode Island turnpike and bridge

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authority to charge and collect tolls for use of the Sakonnet River Bridge. The loss of revenue

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would be replaced by an annual appropriation of not less than ten million dollars ($10,000,000)

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by the general assembly resulting in the transfer of said sum from monies appropriated for

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advertising and/or public relations by Twin River.

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     This act would take effect upon passage.

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LC01571

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