2024 -- S 2587

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LC005466

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HIGHWAYS -- RELOCATION OF UTILITY SERVICES

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 01, 2024

     Referred To: Senate Finance

     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.

     (a) 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, or 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, or 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 reimburse the owner of the 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 a manner that facilitates

the timely completion of the affected project. Upon compliance and satisfaction of the conditions

of this subsection, The the state shall pay a fifty percent (50%) of the 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.

     (b) 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

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 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.

     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 provide that the cost of relocation of utility facilities necessitated by

highway construction shall be reimbursed by the state at fifty percent (50%) of the reasonable

amount to private corporations and companies. The cost of relocation shall be fully reimbursed by

the state for relocation of utility facilities owned by municipalities and political subdivisions.

     This act would take effect upon passage.

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LC005466

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