2024 -- S 2853

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LC005627

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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 PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND UTILITY FAIR

SHARE ROADWAY REPAIR ACT

     Introduced By: Senators Britto, Ciccone, DiPalma, Zurier, Raptakis, Sosnowski, Felag,
Miller, F. Lombardi, and DiMario

     Date Introduced: March 22, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-2.2-3 and 39-2.2-5 of the General Laws in Chapter 39-2.2 entitled

"Rhode Island Utility Fair Share Roadway Repair Act" are hereby amended to read as follows:

     39-2.2-3. State road repair.

     (a) Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction

of the director of the department of transportation.

     (b) All utility work within and/or upon a state road or state right-of-way requires a state

utility permit issued by the department of transportation prior to the work commencing. Any public

utility or utility facility violating this section for non-emergency utility work without a state utility

permit shall be fined five hundred dollars ($500) per incident in addition to the required road

repaving and repair (restoration).

     (c) As part of the state utility permit requirements:

     (1) The public utility or utility facility shall obtain and submit to the state a performance

bond in accordance with the state utility permit application requirements prior to the state utility

permit being issued by the department of transportation; and

     (2) The department of transportation will contract with pre-qualified vendors (Master Price

Agreement) to conduct state-certified testing and inspection services on all utility work in

accordance with the state utility permit requirements, and the public utility or utility facility shall

reimburse the department of transportation for these costs.

     (d) Effective January 1, 2026, for state roads or state right-of-way listed in the state

transportation improvement program (STIP), the public utility or utility facility shall plan utility

work in accordance with the STIP project schedules. The utilities shall develop and provide the

department a comprehensive project schedule for utility projects with an immediate need and those

occurring within two (2) years. The project list shall include, but not be limited to, the location of

the project, duration, utility repair or replacement taking place, anticipated alterations to the

roadway, and any additional information the department may request.

     (e) The department and public utility or utility facility shall conduct a long-range planning

schedule for any projects commencing within five (5) years. For long-range projects the department

shall provide a comprehensive list to the utility of the proposed projects, timetables and any

information pertinent to the utility for planning purposes. The public utility or utility facility shall

conduct a review of those roadways to identify any infrastructure that may require replacing or

upgrade, new customer connections, and any additional activities that require road opening. The

department and public utility or utility facility shall use this information to develop a coordinated

long-range five (5) year plan.

      (f) In accordance with subsection (b) of this section the public utility or utility facility may

conduct utility work on roadways in subsection (d) and (e) of this section at any period up to the

department commencing the roadway project. The public utility or utility facility may, with the

approval of the department, continue to conduct infrastructure work during the utility phase of the

project. Utility work shall be completed prior to the completion of the road surface.

     (g) In the event the STIP schedule is amended, the department shall provide notification to

the public utility or utility facility of any changes. Notification shall include, but not be limited to,

projects being delayed or accelerated in the schedule, and projects removed from the STIP.

     (h) If a project schedule is amended the department and public utility or utility facility shall

coordinate and develop a new project schedule for the utility work. If a project is accelerated and

the public utility or utility facility is unable to adjust their schedule due to limited material

inventory, labor shortages, or other proven hardships the public utility or utility facility may seek

a waiver from the department from performing the work. If a waiver is granted and the public utility

or utility facility performs work after the roadway project is completed the public utility or utility

facility shall restore the altered roadway in its entirety in accordance with subsection (a) of this

section and § 39-2.2-2.

     (i) If a public utility or utility facility alters a newly constructed roadway and fails to

properly restore the roadway in accordance with subsection (a) of this section and § 39-2.2-2 the

public utility or utility facility shall be fined in accordance § 39-2.2-5(d).

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     (j) Nothing in subsections (d) or (e) of this section shall prevent a public utility or utility

facility from performing infrastructure work subject to federal funding and timelines.

     (k) A public utility or utility facility performing emergency work on a newly paved

roadway shall be responsible for restoring the roadway in accordance with subsection (a) of this

section and § 39-2.2-2.

     39-2.2-5. Recovery for failure to repair state road.

     (a) If the director of the department of transportation deems any repaving or repair of a

state road insufficient, defective, noncompliant, or incomplete and requests repairs, it will be the

responsibility of the public utility or utility facility to complete the repairs to the satisfaction of the

director of the department of transportation within thirty (30) days of being notified.

     (b) If the public utility or utility facility fails to complete the repairs, the department of

transportation will initiate the repairs through the performance bond claim process and/or

recovering the amount required for the repairs from the public utility or utility facility.

     (c) If any payment determined to be due from any public utility or utility facility for

reparation, reconstruction, or repaving shall not be paid to the state within one year from the date

of the determination, the state shall be entitled to recover the amount due in an action of debt,

together with interest from six (6) months from the date of determination at the rate of ten percent

(10%) per annum.

     (d) Effective January 1, 2026, if a public utility or utility facility alters a newly restored

state roadway within the first year of restoration the public utility or utility facility shall be subject

to fines at the discretion of the director. Fines shall be waived in emergency situations or if a waiver

was issued in accordance with § 39-2.2-3(h).

     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 PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND UTILITY FAIR

SHARE ROADWAY REPAIR ACT

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     This act would require that public utilities plan utility work in accordance with the state

transportation improvement program schedules when working on state roads.

     This act would take effect upon passage.

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