Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0989 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0989
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7	7	LC002926
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
16	16	MUNICIPAL TRANSPORTA TION INFRASTRUCTURE PROGRAM
17	17	Introduced By: Senators Zurier, Britto, Rogers, Lombardo, Felag, DiPalma, Ciccone, and
18	18	Gu
19	19	Date Introduced: May 15, 2023
20	20	Referred To: Senate Finance
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
25	25	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 13.2 3
27	27	THE RHODE ISLAND MUNICIPAL TRANSPORTATION INFRASTRUCTURE PROGRAM 4
28	28	OF 2023 5
29	29	42-13.2-1. Short title. 6
30	30	This chapter shall be known and may be cited as "The Rhode Island Municipal 7
31	31	Transportation Infrastructure Program Act of 2023". 8
32	32	42-13.2-2. Definitions. 9
33	33	When used in this chapter, the following words and phrases are construed as follows: 10
34	34	(1) "Asset management plan" means a strategic and systematic process of operating, 11
35	35	maintaining, and improving physical assets, with a focus on both engineering and economic 12
36	36	analysis based upon quality information, to identify a structured sequence of maintenance, 13
37	37	preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired 14
38	38	state of good repair over the lifecycle of the assets at minimum practicable cost. 15
39	39	(2) "Department" means the Rhode Island department of transportation. 16
40	40	(3) "Program" means the Rhode Island municipal transportation infrastructure program. 17
41	41	(4) "Project" means any undertaking eligible for assistance pursuant to the provisions of 18
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45	45	this chapter. 1
46	46	42-13.2-3. Rhode Island municipal transportation infrastructure program. 2
47	47	There is hereby established the Rhode Island municipal transportation infrastructure 3
48	48	program. This program shall support municipal roadway infrastructure repair and improvement 4
49	49	projects. 5
50	50	42-13.2-4. Municipal transportation infrastructure account. 6
51	51	There hereby established a municipal transportation infrastructure restricted receipt 7
52	52	account within the department. The department shall administer this account and allocate funding 8
53	53	for program projects. Notwithstanding the provisions of § 35-4-27, the account shall be exempted 9
54	54	from the state's indirect cost recovery. 10
55	55	42-13.2-5. Funding. 11
56	56	(a) The state may fund the program through the issuance of general obligation bonds, 12
57	57	refunding bonds, temporary notes, or general revenue appropriated by the general assembly. 13
58	58	Program funds shall be deposited in the municipal transportation infrastructure restricted receipt 14
59	59	account. 15
60	60	(b) The department shall develop a funding distribution formula. The department may 16
61	61	consider local road mileage, community population, employment figures, and other applicable 17
62	62	program variables. 18
63	63	(c) Funding shall be used to cover construction, right of way and design costs associated 19
64	64	with the project, but shall not be used to pay for utility relocation or enhancements. 20
65	65	(d) Funding shall not be awarded for bridge replacements, sidewalks with utilities, or any 21
66	66	project(s) not directly related to the improvement of an existing municipal roadway. 22
67	67	(e) The department shall list eligible project criteria in the program regulations. 23
68	68	(f) The department shall not allocate more than eighty percent (80%) of program funds in 24
69	69	a given funding cycle and maintain twenty percent (20%) in a contingency fund. 25
70	70	42-13.2-6. Allocation of funds to municipalities. 26
71	71	(a) The department shall notify municipalities about available funding during the month of 27
72	72	January of each calendar year. 28
73	73	(b) The department shall set a per community limit on grants received to provide for 29
74	74	equitable distribution amongst cities and towns. 30
75	75	(c) Municipalities shall be required to provide a thirty percent (30%) match prior to 31
76	76	receiving a program grant. The match shall be certified through resolution of the municipal 32
77	77	governing body. 33
78	78	(d) Municipalities shall not receive funding for roadways not listed in the roadway database 34
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82	82	in accordance with § 42-13.2-7. 1
83	83	42-13.2-7. Roadway database. 2
84	84	(a) The department shall develop a transparent roadway database for municipalities to 3
85	85	access and upload municipal roadway information required pursuant to subsection (d) of this 4
86	86	section. 5
87	87	(b) The database shall be completed and accessible to municipalities within six (6) months 6
88	88	of the effective date of this chapter and municipalities shall have six (6) months following the 7
89	89	launch of the database to compile and upload the road list. Upon activation of the database, the 8
90	90	department shall notify municipalities by electronic mail and provide steps to upload data. 9
91	91	(c) Municipalities shall provide the road name, condition, length, infrastructure 10
92	92	under/along the roadway, and pedestrian features. The department may request additional roadway 11
93	93	information deemed pertinent. 12
94	94	(d) It shall be the responsibility of the municipality to update the roadway database by 13
95	95	December 31 of each year the program is active to ensure the department has an accurate database 14
96	96	of local roads. 15
97	97	(e) The department shall use this information to maintain a comprehensive conditions list 16
98	98	of municipal roadways. 17
99	99	42-13.2-8. Roadway program. 18
100	100	(a) Within one year of receipt of initial program funds into the restricted receipt account, 19
101	101	the department shall open the program to solicitations. 20
102	102	(b) The department shall develop program rules and regulations within six (6) months of 21
103	103	the effective date of this chapter and shall provide the rules and regulations to the municipalities 22
104	104	within thirty (30) days of approval. 23
105	105	(c) The department shall inform the municipalities of the funding opportunities in 24
106	106	accordance with § 42-13.2-6(a). 25
107	107	(d) The department shall provide reporting program guidance documents and training 26
108	108	assistance to municipalities. 27
109	109	(e) Projects eligible for funding shall include, but not limited to, repair and rehabilitation 28
110	110	to municipally maintained roads, safety enhancements, lighting, sidewalks, and related work per 29
111	111	the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. 30
112	112	(f) Each municipality shall report quarterly to the department on the status of awarded 31
113	113	projects. 32
114	114	(g) The department shall provide a report to the senate president, speaker of the house, and 33
115	115	governor on a quarterly basis regarding the status of the program. 34
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119	119	(h) Municipalities shall provide the department with a biennial municipal asset 1
120	120	management plan. The department shall provide the municipalities with an asset management 2
121	121	document. 3
122	122	(i) Any municipality which does not comply with reporting requirements, funding 4
123	123	obligation deadlines or other regulations set forth by the department shall be deemed ineligible for 5
124	124	future funding opportunities under the program. 6
125	125	SECTION 2. This act shall take effect upon passage. 7
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132	132	EXPLANATION
133	133	BY THE LEGISLATIVE COUNCIL
134	134	OF
135	135	A N A C T
136	136	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
137	137	MUNICIPAL TRANSPORTA TION INFRASTRUCTURE PROGRAM
138	138	***
139	139	This act would establish the Rhode Island municipal transportation infrastructure program. 1
140	140	Pursuant to the program a restricted receipt account would be established in the department of 2
141	141	transportation. Funds in the account would be used to pay for seventy percent (70%) of approved 3
142	142	municipal roadway and related projects. Thirty percent (30%) of costs would be paid by the 4
143	143	municipality. 5
144	144	This act would take effect upon passage. 6
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