2026 -- S 2124

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LC003682

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND

DEPARTMENT OF TRANSPORTATION EFFICIENCY AND PERFORMANCE AUDIT ACT

     Introduced By: Senators Zurier, McKenney, Gu, Acosta, Bissaillon, Lauria, DiMario,
Kallman, Vargas, and Quezada

     Date Introduced: January 16, 2026

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 13.2

RHODE ISLAND DEPARTMENT OF TRANSPORTATION EFFICIENCY AND

PERFORMANCE AUDIT ACT

     42-13.2-1. Definitions.

     As used in this chapter:

     (1) “Department” means the Rhode Island department of transportation.

     (2) “DOA” means the Rhode Island department of administration.

     (3) “Audit” means an independent efficiency and performance audit conducted in

accordance with this chapter.

     (4) “Peer state” means a state transportation agency selected for benchmarking based on

geography, climate, system size, and procurement framework.

     (5) “Responsible charge” means the full-time employee of the department to be in

responsible charge of the project pursuant to the provisions of 23 C.F.R §635.105.

     42-13.2-2. Requirement to commission efficiency and performance audit.

     (a) The DOA shall commission an independent efficiency and performance audit of the

department.

     (b) The audit shall be performed by an entity with demonstrated expertise in transportation

systems, infrastructure finance, and public-sector performance benchmarking.

     (c) The audit shall be completed and delivered to the governor and the general assembly

on or before January 1, 2027.

     42-13.2-3. Scope of audit.

     (a) The audit shall include, but not be limited to, the following areas:

     (1) Project delivery efficiency, including schedule adherence, cost escalation trends,

change orders, procurement cycle time, and delivery outcomes;

     (2) Asset management, including pavement, bridges, culverts, intelligent transportation

systems assets, backlog replacement needs, and lifecycle cost analysis;

     (3) Workforce and organizational structure, including ratio of in-house staff to consultants,

vacancy rates, engineering capacity, and impacts on project delivery and oversight;

     (4) Maintenance efficiency, including cost per lane-mile, snow and ice operations

productivity, maintenance productivity, and equipment utilization;

     (5) Financial management, including forecasting accuracy, cash-flow controls, use and

tracking of federal funds, and alignment with the state transportation improvement program (STIP)

and transportation improvement program (TIP); and

     (6) Governance and oversight, including internal controls, performance reporting,

transparency practices, and compliance with responsible charge requirements.

     (b) The audit pursuant to this section shall be separate and independent of any audit

conducted by the auditor general pursuant to chapter 13 of title 22 (“auditor general”).

     42-13.2-4. Peer state benchmarking.

     (a) The audit shall identify not fewer than five (5), nor more than ten (10) peer states

matched on geography, climate, system size, and procurement rules to evaluate and compare

against the department’s performance.

     (b) The audit shall benchmark the department’s performance using comparable metrics

including, but not limited to, the following:

     (1) Cost metrics;

     (i) Cost per lane-mile (maintenance and capital separately);

     (ii) Bridge cost per square foot (new construction and rehabilitation);

     (iii) Administrative overhead ratio;

     (iv) Consultant utilization rate; and

     (v) Percentage of projects with cost overruns exceeding ten percent (10%).

     (2) Performance metrics:

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     (i) Pavement condition metrics, including international roughness index or pavement

condition rating;

     (ii) Bridge condition metrics, including percentage structurally deficient or in poor

condition;

     (iii) Project delivery cycle time for design, procurement, and construction;

     (iv) Snow and ice response metrics, including materials used per lane-mile and response

times; and

     (v) Safety outcomes, including fatalities per vehicle mile traveled.

     42-13.2-5. Procurement and contracting practices.

     The audit conducted pursuant to § 42-13.2-2 shall evaluate procurement and contracting

practices including, but not limited to:

     (1) Consultant procurement processes, including qualifications-based selection and cost

negotiation;

     (2) Oversight of consultant hours and costs;

     (3) Compliance with federal responsible charge requirements;

     (4) Use of alternative delivery methods, including design-build, construction

manager/general contractor, and public-private partnerships; and

     (5) Change order governance, approval thresholds, root-cause analysis, and systemic

trends.

     42-13.2-6. Workforce capacity and outsourcing strategy.

     The audit conducted pursuant to § 42-13.2-2, shall assess workforce capacity and

outsourcing strategy, including:

     (1) Ratio of in-house engineering full-time equivalents to consultant engineering resources;

     (2) Vacancy rates and operational impacts;

     (3) Compliance with federal responsible charge staffing expectations; and

     (4) Training programs, succession planning, and technical certification.

     42-13.2-7. Maintenance and operations efficiency.

     The audit conducted pursuant to § 42-13.2-2 shall assess maintenance and operations

efficiency, including:

     (1) Cost per lane-mile by district;

     (2) Salt and chemical usage normalized by lane-mile and weather severity;

     (3) Vehicle and equipment availability and downtime;

     (4) Maintenance backlog tracking; and

     (5) Overtime utilization and patterns.

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     42-13.2-8. Reporting and public availability.

     (a) Upon completion, the audit shall be submitted to:

     (1) The governor;

     (2) The president of the senate;

     (3) The speaker of the house of representatives; and

     (4) The chairs of the house and senate finance committees.

     (b) The final audit report shall be made publicly available on the DOA’s website.

     42-13.2-9. Cooperation and access to records.

     The department shall cooperate fully with the audit and provide access to all records, data,

contracts, and personnel reasonably necessary to complete the audit.

     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 STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND

DEPARTMENT OF TRANSPORTATION EFFICIENCY AND PERFORMANCE AUDIT ACT

***

     This act would require that an independent efficiency and performance audit of the

department of transportation be commissioned by the department of administration.

     This act would take effect upon passage.

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