S 2471Roads & Highways

Highways - Construction and Maintenance of State Roads

Allows towns to contract with the state to maintain state roads within their borders in exchange for reimbursement and liability protection.

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Introduced Feb 6, 2026Committee Senate Housing & Municipal Government

Plain-English Summary

This legislation authorizes Rhode Island municipalities (cities and towns) to enter into contracts with the Rhode Island Department of Transportation (RIDOT) to perform minor and routine maintenance on state highways located within their municipal boundaries. If a municipality completes this work according to the standards agreed upon in the contract, the state will reimburse the municipality for the costs. Furthermore, once the work is completed to RIDOT's satisfaction, the municipality is relieved of legal liability for any accidents or injuries that occur related to that work. The bill preserves RIDOT's existing powers and duties.

For younger readers

This law allows cities and towns to make a deal with the state government to fix up state roads that go through their neighborhoods. Usually, the state is responsible for fixing these big roads, but this rule lets the local town do small repairs and cleaning instead. If the town does a good job and follows the rules, the state will pay them back for the work. Also, if someone gets hurt on that road later, the town won't get in trouble or be sued as long as they fixed it the right way.

Who & Where It Applies

Impacted groups

MunicipalitiesDriversDepartment of TransportationMunicipal Public Works EmployeesTaxpayers

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows for faster response times to road hazards and maintenance issues, improving safety for local communities that often wait long periods for state-level intervention.
Ensures that municipalities are reimbursed for their efforts, preventing the cost of maintaining state infrastructure from draining local budgets that support schools and social services.
Facilitates better cooperation between state and local governments, allowing communities to have more direct agency over the condition of the infrastructure they use daily.
Creates a liability shield for municipalities that limits the ability of injured individuals to seek compensation for accidents caused by road conditions, potentially denying justice to victims.
Could exacerbate inequality, where wealthy towns have the resources to contract and maintain state roads to a high standard, while poorer towns must rely on slower state services.
May create labor disputes or weaken union protections if work traditionally done by state employees is shifted to municipal workers or subcontractors under different terms.

For Conservatives

Promotes the principle of subsidiarity by allowing local governments to manage infrastructure within their own borders, reducing reliance on a centralized state bureaucracy.
Provides significant tort reform by shielding municipalities from liability lawsuits once work is completed to standard, protecting taxpayer funds from litigation.
Encourages efficiency and accountability, as municipalities are only reimbursed if the work meets specific contract standards set by the state.
Expands the complexity of government by creating new administrative layers and contracting procedures between the state and municipalities.
Risk of increased government spending if the reimbursement process is not strictly monitored or if municipalities seek reimbursement for unnecessary work.
Could blur the lines of responsibility, allowing the state to neglect its core duties by offloading maintenance responsibilities onto local governments.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 15 additions

SECTION 1. Chapter 24-8 of the General Laws entitled "Construction and Maintenance of State Roads" is hereby amended by adding thereto the following section: 24-8-46. Municipal work and reimbursement on certain state highways.

(a) A municipality and the Rhode Island department of transportation (the “department”) shall have the power to enter into a contract (“contract”) for the municipality to perform minor and routine maintenance work ("project work") on the roadway and shoulders of any state highway located within the municipal boundaries of the municipality.

(b) Each municipality which completes the project work described in subsection (a) of this section pursuant to a contract authorized by this section, shall be relieved from any tort liability arising after completion of such work, if the completed project work conforms to the standards of the contract as agreed to by the department.

(c) Each municipality shall be entitled to receive payment or reimbursement from the department, in accordance with the contract, if the completed project work conforms to the standards of the contract as agreed to by the department.

(d) Nothing contained in this section shall impar, suspend, contract, enlarge, extend, or affect in any manner the powers and duties of the department including, but not limited to, those contained in the provisions of chapter 13 of title 42 (“department of transportation”).

SECTION 2. This act shall take effect upon passage.