Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0990 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	2023 -- S 0990 AS AMENDED
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	5	+	2023 -- S 0990
5	6		========
6	7		LC002665
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8	9		S TATE OF RHODE IS LAND
9	10		IN GENERAL ASSEMBLY
10	11		JANUARY SESSION, A.D. 2023
11	12		____________
12	13
13	14		A N A C T
14	15		RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND UTILITY FAIR
15	16		SHARE ROADWAY REPAIR ACT
16	17		Introduced By: Senators Britto, Miller, Quezada, LaMountain, Lombardo, F. Lombardi,
17	18		Lawson, Gu, and Zurier
18	19		Date Introduced: May 15, 2023
19	20		Referred To: Senate Finance
20	21
21	22
22	23		It is enacted by the General Assembly as follows:
23	24		SECTION 1. Sections 39-2.2-3 and 39-2.2-5 of the General Laws in Chapter 39-2.2 entitled 1
24	25		"Rhode Island Utility Fair Share Roadway Repair Act" are hereby amended to read as follows: 2
25	26		39-2.2-3. State road repair. 3
26	27		(a) Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction 4
27	28		of the director of the department of transportation. 5
28	29		(b) All utility work within and/or upon a state road or state right-of-way requires a state 6
29	30		utility permit issued by the department of transportation prior to the work commencing. Any public 7
30	31		utility or utility facility violating this section for non-emergency utility work without a state utility 8
31	32		permit shall be fined five hundred dollars ($500) per incident in addition to the required road 9
32	33		repaving and repair (restoration). 10
33	34		(c) As part of the state utility permit requirements: 11
34	35		(1) The public utility or utility facility shall obtain and submit to the state a performance 12
35	36		bond in accordance with the state utility permit application requirements prior to the state utility 13
36	37		permit being issued by the department of transportation; and 14
37	38		(2) The department of transportation will contract with pre-qualified vendors (Master Price 15
38	39		Agreement) to conduct state-certified testing and inspection services on all utility work in 16
39	40		accordance with the state utility permit requirements, and the public utility or utility facility shall 17
40	41		reimburse the department of transportation for these costs. 18
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42	44		LC002665 - Page 2 of 4
43	45		(d) Prior to altering the conditions of a roadway, the public utility or utility facility shall 1
44	46		plan utility work within and/or upon a state road or state right-of-way, in accordance with the state 2
45	47		transportation improvement program (STIP) project schedules. The utilities shall develop and 3
46	48		provide the department a comprehensive project schedule for utility projects with an immediate 4
47		-	need and those occurring within ~~two~~ (2) and ~~five~~ (5) years. The project list shall include the location 5
	49	+	need and those occurring within five (5) and ten (10) years. The project list shall include the location 5
48	50		of the project, duration, utility repair or replacement taking place, anticipated alterations to the 6
49	51		roadway, and any additional information the department may request. If a road is not listed in the 7
50	52		STIP, the utility shall seek a utility permit in accordance with subsection (b) of this section. If the 8
51	53		department denies the request, the utility shall not proceed with any alterations to the roadway, 9
52	54		unless they determine an emergency situation exists by providing evidence to the department of the 10
53	55		emergency situation. If the department determines no emergency situation exists, the department 11
54	56		may issue a violation and impose a penalty in accordance with subsection (b) of this section. The 12
55	57		utility shall not pass the expense of a road repair on to the consumer nor shall they recoup funds 13
56	58		through rate payer increases. 14
57	59		39-2.2-5. Recovery for failure to repair state road. 15
58	60		(a) If the director of the department of transportation deems any repaving or repair of a 16
59	61		state road insufficient, defective, noncompliant, or incomplete and requests repairs, it will be the 17
60	62		responsibility of the public utility or utility facility to complete the repairs to the satisfaction of the 18
61	63		director of the department of transportation within thirty (30) days of being notified. 19
62	64		(b) If the public utility or utility facility fails to complete the repairs, the department of 20
63	65		transportation will initiate the repairs through the performance bond claim process and/or 21
64	66		recovering the amount required for the repairs from the public utility or utility facility. 22
65	67		(c) If any payment determined to be due from any public utility or utility facility for 23
66	68		reparation, reconstruction, or repaving shall not be paid to the state within one year from the date 24
67	69		of the determination, the state shall be entitled to recover the amount due in an action of debt, 25
68	70		together with interest from six (6) months from the date of determination at the rate of ten percent 26
69	71		(10%) per annum. 27
70	72		(d) If a public utility or utility facility violates the provisions of § 39-2.2-3(d), they shall 28
71	73		be subject to penalties in accordance with that section. The utility shall not use rate payer funds to 29
72	74		pay any penalties assessed for those violations. 30
73	75		(e) The public utility shall not request a rate payer increase from the public utilities 31
74	76		commission to cover the expenses incurred from violations, nor shall the public utilities 32
75	77		commission approve any rate increases that require rate payer funds for expenses incurred from 33
76	78		violations. 34
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78	81		LC002665 - Page 3 of 4
79	82		(f) If a residential utility project requires repairs to a state road, the utility shall not charge 1
80	83		or pass along the expense of the road repair to the homeowner. 2
81	84		SECTION 2. This act shall take effect on January 1, 2024. 3
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83	86		LC002665
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86	90		LC002665 - Page 4 of 4
87	91		EXPLANATION
88	92		BY THE LEGISLATIVE COUNCIL
89	93		OF
90	94		A N A C T
91	95		RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND UTILITY FAIR
92	96		SHARE ROADWAY REPAIR ACT
93	97		***
94	98		This act would require a utility to follow the state transportation improvement program 1
95	99		(STIP) project schedules for road repair. This act would also require a permit for any non-road 2
96	100		STIP project schedules. Failure to obtain a permit would be a violation subject to the imposition of 3
97	101		monetary penalties. This act would further prohibit the utility from using rate payer increases to 4
98	102		pay for any expenses for road repair or penalties. 5
99	103		This act would take effect on January 1, 2024. 6
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101	105		LC002665
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