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H7173aaProduct Safety

Businesses and Professions - Facilitating Business Rapid Response to State Declared Disaster Act of 2024

This bill protects internet, cable, and wireless infrastructure from theft and damage, and updates rules for scrap metal buyers.

Introduced36 Yea1 Nay1 Not voting
Population
Affected
75
Introduced Jan 21, 2026Committee House Corporations

Plain-English Summary

This bill updates state laws to protect critical infrastructure, specifically adding cable, broadband, internet, and wireless networks to definitions of protected property. It requires scrap metal buyers to hold certain metals for three days and notify police if the materials belong to utility or communication companies. It also updates criminal laws to penalize individuals who intentionally damage cable, internet, or wireless equipment. Finally, the bill allows cities and towns to grant zoning variances to protect critical infrastructure from vandalism, theft, extreme weather, or climate change.

For younger readers

This bill changes the rules to help keep important things like internet, cable, and cell phone towers safe. It makes it harder for people to steal wires and sell them for money by making scrap yards hold onto the metal for three days and tell the police. It also says that anyone who breaks internet or phone equipment on purpose can get in trouble. Finally, it lets towns change building rules if it helps protect these important towers and wires from bad weather or people who want to break them.

Who & Where It Applies

Impacted groups
Telecommunications companiesSecondary metal recyclersScrap metal sellersZoning boardsPolice departments
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill regulates business transactions (scrap metal sales) and updates definitions for property crimes and zoning variances, which fall within standard state police powers. The presumption regarding burned wire casing is a rebuttable evidentiary presumption that typically passes due process scrutiny in commercial regulation.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Explicitly recognizes and enables zoning variances to protect critical infrastructure from extreme weather and climate change-related disasters, promoting environmental resilience.
  • Protects essential community services like broadband and internet from disruption caused by vandalism or theft, ensuring the public maintains access to vital communications.
  • Strengthens regulations on secondary metal recyclers, discouraging the illicit market for stolen public and utility property.
  • Expands the scope of property crimes punishable by up to two years in prison, which may disproportionately impact marginalized individuals struggling with poverty or substance use disorders.
  • Grants corporations and utility companies easier access to zoning variances, potentially allowing them to bypass local environmental or community planning regulations under the guise of security.
  • Focuses primarily on protecting the physical assets of private telecommunications and utility corporations rather than directly expanding access or affordability of these services for the public.
For Conservatives
  • Strengthens property rights and protections for private utility and telecommunications companies by penalizing the vandalism and theft of their infrastructure.
  • Promotes law and order by imposing strict holding periods and police notification requirements on scrap metal buyers to deter the theft of valuable metals.
  • Reduces regulatory burdens on utility companies by allowing municipalities to easily grant zoning variances to secure their infrastructure against trespass or theft.
  • Imposes new regulatory burdens and reporting mandates on secondary metal recycling businesses, requiring them to hold certain materials for three days and notify police.
  • Explicitly includes language validating "climate change related disaster" as a legal justification for zoning variances, which conflicts with conservative skepticism regarding climate change mandates.
  • Mandates that scrap metal buyers presume materials are stolen if the casing is burned or smoldered, placing an unfair burden of proof on the business owner rather than the government.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 34 additions · 7 deletions

SECTION 1. Section 5-94-2 of the General Laws in Chapter 5-94 entitled "Facilitating Business Rapid Response to State Declared Disaster Act of 2024" is hereby amended to read as follows: 5-94-2. Definitions. As used in this chapter, the following terms shall have the following meanings:

(1) “Critical infrastructure” means property and equipment located in this state that is owned or used by communications networks, cable, video, wireless or broadband networks; gas and electric distribution systems and water pipelines, railways, public roads and bridges and related support facilities that service multiple customers or citizens including, but not limited to, real and personal property such as buildings, offices, lines, poles, pipes, structures, and equipment.

(2) “Declared state disaster or emergency” means a disaster or emergency event for which a governor’s state of emergency proclamation has been issued or for which a presidential declaration of a federal major disaster or emergency has been issued.

(3) “Disaster or emergency-related work” means repairing, renovating, installing, building, rendering services or other business activities that relate to critical infrastructure that has been damaged, destroyed, or lost as a result of the declared state disaster or emergency during the disaster period.

(4) “Disaster period” means a period that begins within ten (10) days of the first day of the governor’s proclamation or the president’s declaration (whichever occurs first) and that extends for a period of sixty (60) calendar days after the end of the declared disaster or emergency period.

(5) “Out-of-state business” means a business entity that, except for disaster or emergency- related work, has no presence in the state and conducts no business in the state whose services are requested by a registered business or by a state or local government for purposes of performing disaster or emergency-related work in the state. This definition shall also include a business entity that is affiliated with the registered business in the state solely through common ownership. The “out-of-state business” has no registrations or tax filings or nexus in the state prior to the declared state disaster or emergency, other than disaster or emergency-related work during the tax year immediately preceding the declared state disaster or emergency.

(6) “Out-of-state employee” means an employee who does not work in the state, except for disaster or emergency-related work during the disaster response period.

(7) “Registered business in the state” or “registered business” means a business entity that is currently registered to do business in the state prior to the declared state disaster or emergency.

SECTION 2. Sections 6-11.2-2, 6-11.2-6 and 6-11.2-8 of the General Laws in Chapter 6- 11.2 entitled "Purchase and Sale of Regulated Metals" are hereby amended to read as follows: 6-11.2-2. Definitions.

(a) “Electronic Reporting System” means an electronic process that records, reports, processes, stores and sends data and digital images of transactions in accordance with § 6-11.2-6.

(b) The word “person(s),” when used in this chapter, shall include any individual(s), partnership(s), association(s), and corporation(s).

(c) “Public property” means property owned and maintained by a municipality, the state, the United States, or any quasi-governmental entity, and shall include, but not be limited to, items associated with public streets and sidewalks as follows:

(1) Manhole covers, or other types of utility access covers including, but not limited to, water maintenance covers;

(2) Highway and street signs;

(3) Street light poles and fixtures;

(4) Guardrails for bridges, highways, and roads;

(5) Historical, commemorative, and memorial markers and plaques; and

(6) Traffic directional and control signs and light signals.

(d) “Regulated metals property” means all ferrous and nonferrous metals, including, but not limited to, copper, copper alloy, bronze and aluminum, not including aluminum beverage containers, as well as any component of a cable, broadband, wireless, or wired communications device or facility.

(e) “Secondary metals recycler” means any person, firm or corporation in the state that is engaged, from a fixed location or otherwise, in the business of paying compensation for regulated metals that has served its original economic purposes, whether or not engaged in the business of performing the manufacturing process by which regulated metals are converted into raw materials products consisting of prepared grades and having an existing or potential economic value. 6-11.2-6. Payment. Payment in full made for all material purchased pursuant to this chapter may be made by check, wire transfer, cash, or any other legal means. Every person licensed under this chapter shall, prior to issuing any payment, notify the seller of the material of the requirement to notify the police department of receipt of materials listed under § 6-11.2-8. 6-11.2-8. Holding period for property acquired by licensee.

(a) Every person licensed under this chapter shall keep, for a period of three (3) days, and shall immediately notify the police department of the following property:

(1) Property purchased or received consisting of brass, bronze, copper, cast iron, stainless steel, and/or wrought iron: (1)(i) Statues and sculptures; (2)(ii) Weathervanes; (3)(iii) Downspouts; (4)(iv) Handrails; (5)(v) Decorative fencing; (6)(vi) Grave markers, sculptures, plaques and vases, the appearance of which suggest that the articles have been obtained from a cemetery; and (7)(vii) Beer kegs.

(2) Property which is known or reasonably should be known as ordinarily used by, belongs to, or is identified with markings indicating ownership by a telephone, telegraph, cable, broadband, Internet, wireless communication, gas, water, or electric light company. For the purposes of this section, evidence that the insulating casing of a regulated metals property was burned, smoldered off, or otherwise obfuscated shall create a presumption that the secondary metals recycler should have known the material is a regulated metals property.

(b) During said holding period, property shall be kept separate and distinct and shall not be disfigured or treated in any manner to alter or destroy its identity.

SECTION 3. Section 11-35-4 of the General Laws in Chapter 11-35 entitled "Public Utilities" is hereby amended to read as follows: 11-35-4. Injuries to electric or communication lines. Every person who shall wantonly or willfully and maliciously cut, destroy, break down, or injure, or attempt to cut, destroy, break down, or injure any machine, appliance, or apparatus used for generating electric currents or any electric wire or other appliance or apparatus used for the purpose of conducting or transmitting electric currents for using and furnishing power, motive power, light, or heat, or used for the purpose of transmitting intelligence by means of cable, broadband, Internet, wireless, telegraphic or telephonic apparatus or by means of fire-alarm signals, burglar-alarm signals, police signals, railway signals, or other apparatus or appliance for the transmission of intelligence, or shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break down, or injure any pole, bracket, insulator or other device, apparatus, or appliance for supporting or carrying any electric wire, or shall do any other act interrupting or intended to interrupt the transmission of the electric current over any electric wire, shall be liable to indictment for it, and upon conviction shall be fined not exceeding three thousand dollars ($3,000) or imprisoned not exceeding two (2) years; provided, that nothing in this section shall be construed to authorize or permit the attachment, erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket, insulator, or other device or appliance, upon the property of any person or corporation, without the consent of the owner or owners; nor to prevent any properly authorized person from removing any electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of permitting the passage of any building or structure, the moving of which has been duly authorized by any city or town council.

SECTION 4. Section 45-24-41 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to read as follows: 45-24-41. General provisions — Variances.

(a) An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by any data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately transmit each application received to the zoning board of review and a copy of each application to the planning board or commission.

(b) A zoning ordinance shall provide that the zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning board or commission and/or staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board. The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under § 45-24-53. The notice shall also include the street address of the subject property. A zoning ordinance may require that a supplemental notice, that an application for a variance is under consideration, be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24- 46.4. Requests for dimensional and use variances submitted under a unified development review provision of a zoning ordinance shall be submitted as part of the subdivision or land development application to the administrative officer of the planning board or commission, pursuant to § 45-24- 46.4(a). All subdivision or land development applications submitted under the unified development review provisions of a zoning ordinance shall have a public hearing, which shall meet the requirements of § 45-23-50.1(d).

(d) In granting a variance, the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:

(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in § 45-24-30(a)(16);

(2) That the hardship is not the result of any prior action of the applicant; and

(3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based.

(4) [Deleted by P.L. 2023, ch. 304, § 1 and P.L. 2023, ch. 305, § 1.]

(e) The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require that evidence is entered into the record of the proceedings showing that:

(1) In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

(2) In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the power to grant dimensional variances where the use is permitted by special-use permit.

(f) Notwithstanding the provisions of subsections (d) and (e) of this section, a municipality may also grant a variance or other form of zoning relief for the protection of critical infrastructure as defined in § 5-94-2 upon the finding that the property has been subject to or is at a reasonably foreseeable risk of vandalism, trespass, theft, or damage by extreme weather or climate change related disaster.

SECTION 5. This act shall take effect on January 1, 2027.