2026 -- S 3292

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LC006425

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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 TOWNS AND CITIES -- SUBDIVISION OF LAND

     Introduced By: Senators Raptakis, Rogers, and Burke

     Date Introduced: May 15, 2026

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-23-46 of the General Laws in Chapter 45-23 entitled "Subdivision

of Land" is hereby amended to read as follows:

     45-23-46. General provisions — Construction and/or improvement guarantees.

     (a) The local regulations shall require approval of the permitting authority of agreements

for the completion of all required public improvements prior to final plan approval in the form of:

(1) Completion of actual construction of all improvements; (2) Improvement guarantees; or (3)

Combination thereof.

     (b) Where improvements are constructed without a financial guarantee, the work is to be

completed prior to final approval. All construction shall be inspected by the appropriate town staff

or agents in a timely manner and approved under the direction of the administrative officer and

according to local regulations.

     (c) Improvement guarantees shall be in an amount and with all necessary conditions to

secure for the municipality the actual construction and complete installation of all the required

improvements, within the period specified by the permitting authority. The amount shall be based

on actual cost estimates for all required public improvements and these estimates shall be reviewed

and approved by the permitting authority. The permitting authority may fix the guarantee in a

reasonable amount in excess of the estimated costs to anticipate for economic or construction

conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.

     (d) The security shall be in the forms of financial instruments set forth in local regulations

and shall enable the municipality to gain timely access to the secured funds, for cause. The local

regulations shall provide at least three (3) acceptable forms of financial security and the approving

authority shall not limit the security to one specific form of the acceptable forms set forth in the

local regulations.

     (e) The local regulations shall establish procedures for the setting of improvement

guarantee amounts; for inspections of improvements; for acceptance of improvements by the

municipality; and for the release of the improvement guarantees to the applicant. Procedures may

include provisions for partial releases of the guarantees as stages of the improvements are

completed, inspected, and approved under the coordination of the administrative officer and

reported to the permitting authority.

     (f) In the cases of developments and subdivisions that are being approved and constructed

in phases, the permitting authority shall specify improvement guarantee requirements related to

each particular phase.

     (g) The permitting authority may also require maintenance guarantees to be provided for a

one-year period of up to two (2) years subsequent to completion, inspection, and acceptance of the

improvement(s) unless there are extenuating circumstances. Such maintenance guarantee shall not

exceed ten percent (10%) of the original guarantee amount, or the original cost of the public

improvements if no guarantee was required.

     (h) Procedures for the acceptance of required improvements shall stipulate that all

improvements, once inspected and approved, shall be accepted by the municipality or other

appropriate municipal agency for maintenance and/or part of the municipal system.

     (i) The municipality is granted the power to enforce the guarantees by all appropriate legal

and equitable remedies.

     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 TOWNS AND CITIES -- SUBDIVISION OF LAND

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     This act would authorize permitting authorities to require maintenance guarantees for a

period of up to two (2) years following completion, inspection, and acceptance of public

improvement projects.

     This act would take effect upon passage.

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