Rhode Island 2025 Regular Session

Rhode Island House Bill H5777 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- H 5777
6	6	========
7	7	LC001044
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY
16	16	Introduced By: Representatives Quattrocchi, Place, Roberts, Nardone, Hopkins,
17	17	Paplauskas, Santucci, Newberry, Fascia, and Chippendale
18	18	Date Introduced: February 26, 2025
19	19	Referred To: House Finance
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 24-12-9 of the General Laws in Chapter 24-12 entitled "Rhode Island 1
24	24	Turnpike and Bridge Authority" is hereby amended to read as follows: 2
25	25	24-12-9. Powers of authority. 3
26	26	(a) The authority is hereby authorized and empowered: 4
27	27	(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; 5
28	28	(2) To adopt an official seal and alter it at pleasure; 6
29	29	(3) To maintain an office at such place or places within the state as it may designate; 7
30	30	(4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that 8
31	31	any and all actions at law or in equity against the authority shall be brought only in the county in 9
32	32	which the principal office of the authority shall be located; 10
33	33	(5) To determine, subject to the approval of the director of transportation, the location and 11
34	34	the design standards of the Newport Bridge, the turnpike, and any additional new facility to be 12
35	35	constructed; 13
36	36	(6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as 14
37	37	provided in this chapter; 15
38	38	(7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the 16
39	39	Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike, and any additional facility 17
40	40	or facilities, or any two (2) or more of such projects; 18
41	41	(8) To borrow money in anticipation of the issuance of bonds for any of its purposes and 19
42	42
43	43
44	44	LC001044 - Page 2 of 15
45	45	to issue notes, certificates, or other evidences of borrowing in form as may be authorized by 1
46	46	resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in 2
47	47	the first instance from the proceeds of any bonds issued under the provisions of this chapter and to 3
48	48	contain on their face a statement to the effect that neither the state, the authority, nor any 4
49	49	municipality or other political subdivision of the state shall be obligated to pay the same or the 5
50	50	interest thereon except from the proceeds of bonds in anticipation of the issuance of which the 6
51	51	notes, certificates, or other evidences of borrowing shall have been issued, or from revenues; 7
52	52	(9) To fix and revise, from time to time, subject to the provisions of this chapter, and to 8
53	53	charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and 9
54	54	for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the 10
55	55	Jamestown Verrazzano Bridge, and any additional facility acquired, financed, or leased under the 11
56	56	provisions of this chapter; 12
57	57	(10) To acquire, hold, and dispose of real and personal property in the exercise of its powers 13
58	58	and the performance of its duties; 14
59	59	(11) To acquire in the name of the authority, by purchase or otherwise, on such terms and 15
60	60	conditions and in such manner as it may deem proper, or by the exercise of the rights of 16
61	61	condemnation in the manner as provided by this chapter, public or private lands, including public 17
62	62	parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, 18
63	63	rights, easements, and interests as it may deem necessary for carrying out the provisions of this 19
64	64	chapter; provided, however, that all public property damaged in carrying out the powers granted by 20
65	65	this chapter shall be restored or repaired and placed in its original condition as nearly as practicable; 21
66	66	(12) To designate the locations, with the approval of the director of transportation, and 22
67	67	establish, limit, and control the points of ingress to and egress from the turnpike and any additional 23
68	68	facility as may be necessary or desirable in the judgment of the authority to ensure the proper 24
69	69	operation and maintenance thereof, and to prohibit entrance to and exit from any point or points 25
70	70	not so designated; 26
71	71	(13) To employ, in its discretion, consulting engineers, attorneys, accountants, construction 27
72	72	and financial experts, superintendents, managers, and such other employees and agents as may be 28
73	73	necessary in its judgment, and to fix their compensation; 29
74	74	(14) To apply for, receive, and accept from any federal agency aid and/or grants for or in 30
75	75	aid of the repair, maintenance, and/or construction of the turnpike, the Newport Bridge, the 31
76	76	Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge, or any 32
77	77	additional facility, and to receive and accept from the state, from any municipality, or other political 33
78	78	subdivision thereof and from any other source aid or contributions of either money, property, labor, 34
79	79
80	80
81	81	LC001044 - Page 3 of 15
82	82	or other things of value, to be held, used and applied only for the purposes for which the grants and 1
83	83	contributions may be made; 2
84	84	(15) To construct grade separations at intersections of the turnpike, the approaches, and 3
85	85	highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge, 4
86	86	the Jamestown Verrazzano Bridge, and any additional facility with public highways, streets, or 5
87	87	other public ways or places, and to change and adjust the lines and grades thereof so as to 6
88	88	accommodate the same to the design of the grade separation; the cost of the grade separations and 7
89	89	any damage incurred in changing and adjusting the lines and grades of the highways, streets, ways, 8
90	90	and places shall be ascertained and paid by the authority as a part of the cost of the project; 9
91	91	(16) To vacate or change the location of any portion of any public highway, street, or other 10
92	92	public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other equipment and 11
93	93	appliance of the state or of any municipality or other political subdivision of the state and to 12
94	94	reconstruct the same at such new location as the authority shall deem most favorable for the project 13
95	95	and of substantially the same type and in as good condition as the original highway, street, way, 14
96	96	place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or appliance, and the cost of 15
97	97	the reconstruction and any damage incurred in vacating or changing the location thereof shall be 16
98	98	ascertained and paid by the authority as a part of the cost of the project; any public highway, street, 17
99	99	or other public way or place vacated or relocated by the authority shall be vacated or relocated in 18
100	100	the manner provided by law for the vacation or relocation of public roads, and any damages 19
101	101	awarded on account thereof shall be paid by the authority as a part of the cost of the project; 20
102	102	(17) The authority shall also have the power to make reasonable regulations, subject to the 21
103	103	approval of the public utility administrator, for the installation, construction, maintenance, repair, 22
104	104	renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and 23
105	105	other equipment and appliances (herein called “public utility facilities”) of any public utility as 24
106	106	defined in § 39-1-2, in, on, along, over, or under any project. Whenever the authority shall 25
107	107	determine that it is necessary that any public facilities that now are, or hereafter may be, located in, 26
108	108	on, along, over, or under any project should be relocated in the project, or should be removed from 27
109	109	the project, the public utility owning or operating the facilities shall relocate or remove the facilities 28
110	110	in accordance with the order of the authority; provided, however, that the cost and expenses of the 29
111	111	relocation or removal, including the cost of installing the facilities in a new location, or new 30
112	112	locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired 31
113	113	to accomplish the relocation or removal, less the cost of any lands or any rights or interests in lands 32
114	114	or any other rights of the public utility paid to the public utility in connection with the relocation 33
115	115	or removal of the property, shall be ascertained and paid by the authority as a part of the cost of the 34
116	116
117	117
118	118	LC001044 - Page 4 of 15
119	119	project. In case of any relocation or removal of facilities, the public utility owning or operating the 1
120	120	facilities, its successors or assigns, may maintain and operate the facilities, with the necessary 2
121	121	appurtenances, in the new location or new locations, for as long a period, and upon the same terms 3
122	122	and conditions, as it had the right to maintain and operate the facilities in their former location or 4
123	123	locations; 5
124	124	(18) To make reasonable regulations and to grant easements for the installation, 6
125	125	construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment, 7
126	126	and appliances of any corporation or person owning or operating pipelines in, on, along, over, or 8
127	127	under the turnpike, whenever the authority shall determine that it is necessary that any facilities 9
128	128	which now are, or hereafter may be located in, on, along, over or under the turnpike should be 10
129	129	relocated in the turnpike, or should be removed from the turnpike, the corporation or person owning 11
130	130	or operating the facilities shall relocate or remove the facilities in accordance with the order of the 12
131	131	authority; provided, however, that the cost and expense of the relocation or removal, including the 13
132	132	cost of installing the facilities in a new location, or new locations, and the cost of any lands, or any 14
133	133	rights or interests in lands, and any other rights acquired to accomplish the relocation or removal, 15
134	134	less the cost of any lands or any rights or interests in lands or any other rights of any corporation 16
135	135	or person paid to any corporation or person in connection with the relocation or removal of the 17
136	136	property, shall be ascertained and paid by the authority as a part of the cost of the project. In case 18
137	137	of any relocation or removal of facilities, the corporation or person owning or operating the 19
138	138	facilities, its successors or assigns, may maintain and operate the facilities, with the necessary 20
139	139	appurtenances, in the new location or new locations, for as long a period, and upon the same terms 21
140	140	and conditions, as it had the right to maintain and operate the facilities in their former location or 22
141	141	locations; 23
142	142	(19) To enter upon any lands, waters, and premises for the purpose of making such surveys, 24
143	143	soundings, borings, and examinations as the authority may deem necessary or convenient for its 25
144	144	purposes, and the entry shall not be deemed a trespass, nor shall an entry for such purposes be 26
145	145	deemed an entry under any condemnation proceedings; provided, however, the authority shall pay 27
146	146	any actual damage resulting to the lands, water, and premises as a result of the entry and activities 28
147	147	as a part of the cost of the project; 29
148	148	(20) To enter into contracts or agreements with any board, commission, public 30
149	149	instrumentality of another state or the federal government or with any political subdivision of 31
150	150	another state relating to the connection or connections to be established between the turnpike or 32
151	151	any additional facility with any public highway or turnpike now in existence or hereafter to be 33
152	152	constructed in another state, and with respect to the construction, maintenance, and operation of 34
153	153
154	154
155	155	LC001044 - Page 5 of 15
156	156	interstate turnpikes or expressways; 1
157	157	(21) To enter into contracts with the department of transportation with respect to the 2
158	158	construction, reconstruction, renovation, acquisition, maintenance, repair, operation, or 3
159	159	management of any project and with the Rhode Island state police with respect to the policing of 4
160	160	any project; 5
161	161	(22) To make and enter into all contracts and agreements necessary or incidental to the 6
162	162	performance of its duties and the execution of its powers under this chapter; and 7
163	163	(23) To do all other acts and things necessary or convenient to carry out the powers 8
164	164	expressly granted in this chapter. 9
165	165	(24) To grant and/or contract, through the transfer of funds of the authority to the 10
166	166	department of transportation, for the construction, reconstruction, acquisition, maintenance, repair, 11
167	167	operation, or management by the department of transportation of any project or projects authorized 12
168	168	by this chapter, and the department of transportation is authorized to accept any such grant or 13
169	169	transfer of funds. 14
170	170	(b) Provided, the authority, in carrying out the provisions of this section, shall hold public 15
171	171	hearings prior to the finalization of any specifications or the awarding of any contracts for any 16
172	172	project. Provided, further, that any revenue generated by facilities under the control of the authority 17
173	173	shall only be used for the purposes of the authority. 18
174	174	(c) The authority is authorized to enter into contracts with the state, or any department of 19
175	175	the state, to operate and/or manage toll facilities on state roads or bridges not owned, leased by, or 20
176	176	under the control of the authority, and to collect tolls from such facilities on behalf of the 21
177	177	department of transportation, provided such tolls shall be set by the state acting through the 22
178	178	department of transportation pursuant to chapter 13.1 of title 42. 23
179	179	SECTION 2. Section 42-13-2 of the General Laws in Chapter 42-13 entitled "Department 24
180	180	of Transportation" is hereby amended to read as follows: 25
181	181	42-13-2. Organization and functions of the department. 26
182	182	(a) The department shall be organized in accordance with a project management-based 27
183	183	program and shall utilize an asset management system. 28
184	184	(1) A project management-based program manages the delivery of the department’s 29
185	185	portfolio of transportation improvement projects from project conception to the project completion. 30
186	186	Project management activities include: 31
187	187	(i) Managing and reporting on the delivery status of portfolio projects; 32
188	188	(ii) Developing overall workload and budget for the portfolio; 33
189	189	(iii) Developing and implementing the tools to estimate the resources necessary to deliver 34
190	190
191	191
192	192	LC001044 - Page 6 of 15
193	193	the projects; and 1
194	194	(iv) Developing and implementing processes and tools to improve the management of the 2
195	195	projects. 3
196	196	(2) Asset management is the process used for managing transportation infrastructure by 4
197	197	improving decision making for resource allocation. Asset management activities include a systemic 5
198	198	process based on economic, engineering, and business principles which includes the following 6
199	199	functions: 7
200	200	(i) Completing a comprehensive inventory of system assets; 8
201	201	(ii) Monitoring system performance; and 9
202	202	(iii) Performing analysis utilizing accurate data for managing various assets within the 10
203	203	transportation network. 11
204	204	(b) The director of transportation shall appoint a chief operating officer to oversee the day-12
205	205	to-day operations of the department. 13
206	206	(c) The department shall be organized into such divisions as are described in this section 14
207	207	and such other divisions, subdivisions, and agencies as the director shall find are necessary to carry 15
208	208	out the responsibilities of the department, including: division of finance; division of planning; 16
209	209	division of project management; division of operations and maintenance; office of civil rights; 17
210	210	office of safety; office of external affairs; office of legal; office of personnel; office of information 18
211	211	services. 19
212	212	(d) The director may assign such other responsibilities as he or she shall find appropriate 20
213	213	and may reassign functions other than as set out in this section if he or she finds the reassignment 21
214	214	necessary to the proper and efficient functioning of the department or of the state’s transportation 22
215	215	system. 23
216	216	(e) The department shall submit a report annually no later than March 31 to the speaker of 24
217	217	the house, the president of the senate, and the house and senate fiscal advisors concerning the status 25
218	218	of the ten-year (10) transportation plan. 26
219	219	(f) Any functions, duties, and staff relating to the Rhode Island department of 27
220	220	transportation’s external audit section shall be transferred to the Rhode Island department of 28
221	221	administration’s office of internal audit, or its successor, upon passage [Feb. 11, 2016]. 29
222	222	(1) The chief of the office of internal audit, or its successor, who shall be the administrative 30
223	223	head of the office of internal audit, or its successor, shall supervise, coordinate, and/or conduct 31
224	224	audits, civil and administrative investigations, and inspections or oversight reviews, when 32
225	225	necessary, relating to programs and operations listed in § 42-13-2. 33
226	226	(2) The office of internal audit’s (or its successor’s) authorization shall include, but not be 34
227	227
228	228
229	229	LC001044 - Page 7 of 15
230	230	limited to, evaluating the efficiency of operations and internal controls, preventing and detecting 1
231	231	fraud, waste, abuse or mismanagement in the expenditure of public funds, whether state, federal or 2
232	232	those revenues collected by the use of tolls and related to any and all transportation-related 3
233	233	programs and operations as well as the procurement of any supplies, services, or construction, by 4
234	234	the department of transportation or related institutions of the department of transportation. 5
235	235	Investigations may include the expenditures by nongovernmental agencies of federal, state, and 6
236	236	local public funds. As deemed necessary or expedient by the office of internal audit, or its 7
237	237	successor, audits may be made relative to the financial affairs or the economy and efficiency of 8
238	238	management of the department of transportation or related institutions. 9
239	239	SECTION 3. Chapter 42-13.1 of the General Laws entitled "The Rhode Island Bridge 10
240	240	Replacement, Reconstruction, and Maintenance Fund" is hereby repealed in its entirety. 11
241	241	CHAPTER 42-13.1 12
242	242	The Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund 13
243	243	42-13.1-1. Short title. 14
244	244	This chapter shall be known and may be cited as “The Rhode Island Bridge Replacement, 15
245	245	Reconstruction, and Maintenance Fund Act of 2016.” 16
246	246	42-13.1-2. Legislative findings. 17
247	247	The general assembly finds that: 18
248	248	(1) The state of Rhode Island, through the Rhode Island department of transportation (“the 19
249	249	department”), funds the reconstruction, replacement, and maintenance of all bridges in Rhode 20
250	250	Island, except the Newport Bridge, the Mount Hope Bridge, the Jamestown-Verrazano Bridge, and 21
251	251	the Sakonnet River Bridge. 22
252	252	(2) According to the Federal Highway Administration (FHWA) 2015 National Bridge 23
253	253	Inventory (NBI) data, there are seven hundred sixty-four (764) bridges in Rhode Island greater than 24
254	254	twenty feet (20′) in length. Of these NBI bridges, one hundred seventy-seven (177) bridges, or 25
255	255	twenty-three percent (23%), are classified as structurally deficient. 26
256	256	(3) For the past several decades, Rhode Island has depended on three (3) primary sources 27
257	257	for funding all transportation infrastructure construction, maintenance, and operations: federal 28
258	258	funds, state bond funds, and motor fuel tax revenue. Of these sources, two (2), federal funds and 29
259	259	motor fuel tax revenue, are mutable. 30
260	260	(4) The 2008 governor’s blue ribbon panel on transportation funding, the 2011 senate 31
261	261	special commission on sustainable transportation funding, and the 2013 special legislative 32
262	262	commission to study the funding for East Bay bridges determined that there is insufficient revenue 33
263	263	available from all existing sources to fund the maintenance and improvement of Rhode Island 34
264	264
265	265
266	266	LC001044 - Page 8 of 15
267	267	transportation infrastructure. 1
268	268	(5) In 2011, the general assembly adopted a component of the recommended systemic 2
269	269	change to transportation funding by dedicating increased resources from the Rhode Island capital 3
270	270	plan fund and creating the Rhode Island highway maintenance account, to be funded by an increase 4
271	271	in license and registration fees, beginning in FY2014. 5
272	272	(6) In 2014, the general assembly adopted changes to the Rhode Island highway 6
273	273	maintenance account to provide additional state revenue for transportation infrastructure in future 7
274	274	years. 8
275	275	(7) Although the state is shifting from long-term borrowing to reliance upon annual 9
276	276	revenues to fund transportation infrastructure on a pay-as-you go basis, and although a recurring 10
277	277	state source of capital funds has been established, there is still a funding gap between the revenue 11
278	278	needed to maintain all bridges in structurally sound and good condition and the annual amounts 12
279	279	generated by current dedicated revenue sources. 13
280	280	(8) According to the U.S. General Accounting Office, just one, fully-loaded five-axle (5) 14
281	281	tractor trailer has the same impact on the interstate as nine thousand six hundred (9,600) 15
282	282	automobiles. The department estimates that tractor trailers cause in excess of seventy percent (70%) 16
283	283	of the damage to the state’s transportation infrastructure, including Rhode Island bridges, on an 17
284	284	annual basis. However, revenue contributions attributable to tractor trailers account for less than 18
285	285	twenty percent (20%) of the state’s total annual revenues to fund transportation infrastructure. 19
286	286	(9) The United States Congress, consistent with its power to regulate interstate commerce 20
287	287	and pursuant to 23 U.S.C. § 129, has authorized states to implement reconstruction or replacement 21
288	288	of a toll-free bridge and conversion of the bridge to a toll facility, provided that the state: 22
289	289	(i) Has in effect a law that permits tolling on a bridge prior to commencing any such 23
290	290	activity; and 24
291	291	(ii) Otherwise complies with the requirements of 23 U.S.C. § 129. 25
292	292	42-13.1-3. Definitions. 26
293	293	As used in this chapter, the following words and terms shall have the following meanings, 27
294	294	unless the context shall indicate another or different meaning: 28
295	295	(1) “Availability payment” means a payment by the department under a contract for a toll 29
296	296	facility or any other facility that is based on the availability of the facility at a specified performance 30
297	297	level and may include, without limitation, compensation for operations, maintenance, and financing 31
298	298	of the facility. 32
299	299	(2) “Department” means the department of transportation, or, if the department shall be 33
300	300	abolished, the board, body, or commission succeeding to the principal functions thereof or upon 34
301	301
302	302
303	303	LC001044 - Page 9 of 15
304	304	whom the powers given by chapter 5 of title 37 to the department shall be given by law. 1
305	305	(3) “Large commercial truck” shall be defined pursuant to the Federal Highway 2
306	306	Administration (FHWA) vehicle classification schedule as any vehicle within Class 8 - single 3
307	307	trailer, three (3) or four (4) axles, up to and including Class 13 - seven (7) or more axle multi-trailer 4
308	308	trucks, as such classifications may be revised from time to time by the FHWA. 5
309	309	(4) “Other vehicle” means any vehicle that has not been defined pursuant to this chapter as 6
310	310	a large commercial truck. 7
311	311	(5) “Passenger vehicle” shall be defined pursuant to the Federal Highway Administration 8
312	312	(FHWA) vehicle classification schedule as any vehicle within Class 1, 2, and 3 as such 9
313	313	classifications may be revised from time to time by the FHWA. 10
314	314	(6) “Radio frequency identification transponder” or “RFID” means a toll collection system 11
315	315	approved by the department that may consist of a toll tag placed inside the vehicle and an overhead 12
316	316	antenna that reads the toll tag and collects the toll. 13
317	317	(7) “Toll evader” means, for the purposes of this chapter, any registered owner of any large 14
318	318	commercial truck that passes through any electronic tolling location as authorized pursuant to § 42-15
319	319	13.1-4 and who does not pay the required toll and/or fees, fines, or penalties within the maximum 16
320	320	allowable period specified under § 42-13.1-11. 17
321	321	(8) “Toll facility” means equipment or capital improvements funded in whole or in part by 18
322	322	toll revenue, or required to effectuate toll collection. 19
323	323	(9) “Turnpike and bridge authority” means the Rhode Island turnpike and bridge authority 20
324	324	(RITBA), a public instrumentality of the state of Rhode Island, created by the general assembly 21
325	325	pursuant to chapter 12 of title 24. 22
326	326	42-13.1-4. Authority to collect tolls on large commercial trucks only. 23
327	327	(a) The department is hereby authorized to fix, revise, charge, and collect tolls for the 24
328	328	privilege of traveling on Rhode Island bridges to provide for replacement, reconstruction, 25
329	329	maintenance, and operation of Rhode Island bridges. The tolls shall be fixed after conducting a 26
330	330	cost-benefit analysis and providing an opportunity for public comment. The tolls shall be collected 27
331	331	on large commercial trucks only and shall not be collected on any other vehicle; provided, however, 28
332	332	no vehicle shall be tolled other than a tractor or truck tractor as defined in 23 C.F.R. 658.5, pulling 29
333	333	a trailer or trailers. No act authorizing tolls on passenger vehicles pursuant to this chapter shall take 30
334	334	effect until it has been approved by the majority of those electors voting in a statewide referendum. 31
335	335	The secretary of state shall certify the results of the statewide referendum. Tolls on large 32
336	336	commercial trucks may be implemented utilizing all-electric toll collection methodologies on a 33
337	337	cash-less basis, or utilizing any other methodologies determined by the department. 34
338	338
339	339
340	340	LC001044 - Page 10 of 15
341	341	(b) Subject to § 42-13.1-14, the department will establish a program to limit the assessment 1
342	342	of the tolls upon the same individual large commercial truck using a RFID to once per toll facility, 2
343	343	per day in each direction, or an equivalent frequency use program based upon individual large 3
344	344	commercial truck use. 4
345	345	(c) Subject to § 42-13.1-14, the total amount of tolls imposed upon the same individual 5
346	346	large commercial truck using a RFID for making a border-to-border through trip on Route 95 6
347	347	Connecticut to Route 95 Massachusetts, or the reverse, shall not exceed twenty dollars ($20.00). 7
348	348	(d) Subject to § 42-13.1-14, the daily maximum amount of the tolls collected upon the same 8
349	349	individual large commercial truck using a RFID shall not exceed forty dollars ($40.00). 9
350	350	(e) Tolls shall not be subject to supervision or regulation by any commission, board, 10
351	351	bureau, agency, or official of the state or any municipality or other political subdivision of the state 11
352	352	except the department. 12
353	353	42-13.1-5. Collection of tolls on passenger cars and other vehicles expressly 13
354	354	prohibited. 14
355	355	Notwithstanding any other provisions of this statute, the department is expressly prohibited 15
356	356	from collecting tolls hereunder on other vehicles, herein defined to include motorcycles, passenger 16
357	357	cars, and all other vehicles classed one through seven (7) pursuant to the Federal Highway 17
358	358	Administration (FHWA) vehicle classification schedule. 18
359	359	42-13.1-6. Rhode Island bridge replacement, reconstruction and maintenance fund 19
360	360	established. 20
361	361	(a) There is hereby created a special account in the intermodal surface transportation fund, 21
362	362	as established in § 31-36-20, to be known as the Rhode Island bridge replacement, reconstruction, 22
363	363	and maintenance fund (“the fund”). 23
364	364	(b) The fund shall consist of all those monies received by the department under this chapter, 24
365	365	including: 25
366	366	(1) The monies received through the collection of tolls on bridges in Rhode Island; 26
367	367	(2) Any fees, fines, or penalties collected pursuant to this chapter; and 27
368	368	(3) Investment earnings on amounts credited to the fund. 28
369	369	(c) Unexpended balances and any earnings thereon shall not revert to the general fund but 29
370	370	shall remain in the Rhode Island bridge replacement, reconstruction, and maintenance fund. There 30
371	371	shall be no requirement that monies received into the fund during any given calendar year or fiscal 31
372	372	year be expended during the same calendar year or fiscal year. 32
373	373	42-13.1-7. Designation of toll bridges. 33
374	374	The director of the department may designate any Rhode Island bridge on the National 34
375	375
376	376
377	377	LC001044 - Page 11 of 15
378	378	Highway System as a toll bridge in order to facilitate the financing of replacement, reconstruction, 1
379	379	and maintenance of Rhode Island’s system of bridges. 2
380	380	42-13.1-8. Amount of tolls. 3
381	381	The department’s authority to fix and adjust the amount of tolls shall be determined by the 4
382	382	costs of replacement, reconstruction, maintenance, and operation of Rhode Island’s system of 5
383	383	bridges and/or any portion or portions thereof, including costs associated with the acquisition, 6
384	384	construction, operation, and maintenance of the toll facilities and administrative costs in connection 7
385	385	therewith. 8
386	386	42-13.1-9. Limitations on use of revenue. 9
387	387	All revenue collected pursuant to this chapter and deposited to the Rhode Island bridge 10
388	388	replacement, reconstruction, and maintenance fund shall be used to pay the costs associated with 11
389	389	the operation and maintenance of the toll facility, and the replacement, reconstruction, 12
390	390	maintenance, and operation of Rhode Island bridges on the National Highway System or any other 13
391	391	use permitted under 23 U.S.C. § 129. 14
392	392	42-13.1-10. Procurement of toll facilities. 15
393	393	Without limiting any right of the department to award contracts under any other law, the 16
394	394	department shall have the right to procure toll facilities through contracts aggregating the services 17
395	395	of design, engineering, construction, finance, operations, maintenance, or any combination of the 18
396	396	foregoing. Notwithstanding any requirement of law to the contrary, the department may award such 19
397	397	contracts on the basis of competitive negotiation in accordance with § 37-2-19. Such contracts may 20
398	398	include availability payments or any other compensation structure determined appropriate by the 21
399	399	department to further the objectives of this chapter. 22
400	400	42-13.1-11. Penalty for nonpayment of toll. 23
401	401	(a) The department shall have the authority to establish and collect fees, fines, and penalties 24
402	402	from registered owners of large commercial trucks who use, or attempt to use, any toll facility 25
403	403	established under § 42-13.1-4, without paying the toll at the rate then in force for such use. 26
404	404	(b) Any fee, fine, or penalty shall be in addition to the toll or tolls initially incurred and 27
405	405	shall be no less than an amount sufficient to cover the cost of administration and collection of said 28
406	406	fines, fees, and penalties. 29
407	407	(c) The registered owner of the large commercial truck subject to toll shall be primarily 30
408	408	responsible for all tolls, fees, fines, and penalties assessed pursuant to the provisions of this chapter. 31
409	409	(d) Prior to the collection of any toll on large commercial trucks, the department shall 32
410	410	establish a maximum allowable period for the payment of tolls and any subsequent fees, fines, and 33
411	411	penalties assessed. 34
412	412
413	413
414	414	LC001044 - Page 12 of 15
415	415	42-13.1-12. Additional penalties — Toll evasion. 1
416	416	Any toll evader who fails or refuses to pay or prepay the required toll and such fees, fines, 2
417	417	and penalties as assessed under § 42-13.1-11 and within the maximum allowable period specified 3
418	418	therein, shall be required to pay a fine not to exceed three thousand dollars ($3,000) and shall pay 4
419	419	the toll amount due and any administrative costs, or shall have their registration suspended until 5
420	420	payment is made in full for the violation. A toll evader under this section shall receive a traffic 6
421	421	violation summons which shall be subject to the jurisdiction of the traffic tribunal. All amounts due 7
422	422	under this section shall be remitted to the Rhode Island bridge replacement, reconstruction, and 8
423	423	maintenance fund. 9
424	424	42-13.1-13. Conformance to statute, rules, and regulations. 10
425	425	All programs and funding proposals shall conform to applicable federal law, rules, and 11
426	426	regulations. The department shall promulgate state rules and regulations to carry out the purposes 12
427	427	of this chapter. Included within said rules and regulations shall be a provision requiring any public 13
428	428	comment period to continue for at least thirty (30) days and a provision requiring advance 14
429	429	notification to be provided to the governor, speaker of the house of representatives, and president 15
430	430	of the senate prior to any announcement of public hearing or public comment period establishing 16
431	431	or modifying the amount of tolls to be collected. In promulgating these rules and regulations, the 17
432	432	department shall establish policies and procedures that promote procedural transparency. 18
433	433	42-13.1-14. Severability. 19
434	434	If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable 20
435	435	from the invalid or unconstitutional part remain in effect. If a part of this chapter is held 21
436	436	unconstitutional or invalid in one or more of its applications, the part remains in effect in all 22
437	437	constitutional and valid applications that are severable from the invalid applications. This 23
438	438	severability clause shall be applicable to each provision of this chapter, regardless of whether or 24
439	439	not any particular provision references this section. 25
440	440	42-13.1-15. Bridge preservation and salt mitigation. 26
441	441	(a) In any fiscal year when the department fails to complete appropriate bridge 27
442	442	maintenance, no new construction and design contracts subject to reporting under § 42-13.1-16 28
443	443	shall be awarded for the subsequent year or until proof of appropriate bridge maintenance is 29
444	444	provided. 30
445	445	(b) The director must submit detailed information regarding bridge maintenance activities 31
446	446	undertaken during the fiscal year to the governor, office of management and budget, the speaker of 32
447	447	the house, and the president of the senate no later than thirty (30) days after the fiscal year ends, 33
448	448	beginning with fiscal year 2017. The information shall also be posted on the department’s website. 34
449	449
450	450
451	451	LC001044 - Page 13 of 15
452	452	(c) Notwithstanding the provisions of § 42-13.1-16, bridge maintenance requirements may 1
453	453	be waived if the director certifies that: 2
454	454	(1) Certain bridges are in a state of disrepair such that maintenance activities will not 3
455	455	forestall further deterioration; or 4
456	456	(2) Certain bridges have a maintenance plan that does not require any activities during any 5
457	457	given calendar year; or 6
458	458	(3) Certain bridges have been modified such that maintenance to prevent salt erosion and 7
459	459	deterioration is no longer required; or 8
460	460	(4) The department has not used salt on certain bridges or has stopped using salt for winter 9
461	461	maintenance as a long-term change in practice; or 10
462	462	(5) Other specific circumstances exist to eliminate the need for maintenance activities in 11
463	463	any given calendar year. 12
464	464	(d) Failure to comply is subject to the penalties contained in § 35-3-24. 13
465	465	42-13.1-16. Reporting. 14
466	466	The department shall submit to the office of management and budget, the house fiscal 15
467	467	advisor, and the senate fiscal advisor, a report on the progress of implementation of this chapter 16
468	468	within thirty (30) days of the close of each of the fiscal quarters of each year. The reports shall also 17
469	469	be posted on the department’s website. The reports shall include, at a minimum: 18
470	470	(1) Construction and design contracts of five hundred thousand dollars ($500,000) or 19
471	471	greater planned to be advertised in the upcoming federal fiscal year, their value, and expected award 20
472	472	date; 21
473	473	(2) Construction and design contracts of five hundred thousand dollars ($500,000) or 22
474	474	greater awarded in the prior federal fiscal year, date of award, value, and expected substantial 23
475	475	completion date; 24
476	476	(3) Expected final cost of: 25
477	477	(i) Any construction contracts of five hundred thousand dollars ($500,000) or greater that 26
478	478	reached substantial completion in the prior federal fiscal year; and 27
479	479	(ii) Any design contracts of five hundred thousand dollars ($500,000) or greater completed 28
480	480	in the prior federal fiscal year; 29
481	481	(4) Total number of workers employed through the contract and the number of the workers 30
482	482	in that total with a Rhode Island address; and 31
483	483	(5) This report shall also include a current list of all federal, discretionary, and any other 32
484	484	grants that the department has applied for and the status of that application and identify any changes 33
485	485	from the prior report. For any grants that require a state match, the department shall identify if the 34
486	486
487	487
488	488	LC001044 - Page 14 of 15
489	489	source for the state’s match is available under currently authorized funding. 1
490	490	42-13.1-17. Equality of opportunity. 2
491	491	No bid under this chapter shall be deemed complete nor awarded if the bid fails to include 3
492	492	a specific written plan for the bidder to be in conformity with § 37-14.1-6, ensuring that minority 4
493	493	business enterprises reach a minimum of ten percent (10%) of the dollar value of the bid. Pursuant 5
494	494	to §§ 37-14.1-1 and 37-14.1-3, for the purposes of chapter 13.1 of title 42, women shall be included 6
495	495	in the definition of “minority business enterprise.” The aforementioned written plan should be 7
496	496	submitted on forms created and distributed by the director of administration. 8
497	497	SECTION 4. This act shall take effect upon passage. 9
498	498	========
499	499	LC001044
500	500	========
501	501
502	502
503	503	LC001044 - Page 15 of 15
504	504	EXPLANATION
505	505	BY THE LEGISLATIVE COUNCIL
506	506	OF
507	507	A N A C T
508	508	RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY
509	509	***
510	510	This act would repeal the act authorizing toll facilities on state roads. 1
511	511	This act would take effect upon passage. 2
512	512	========
513	513	LC001044
514	514	========