Bill Sponsors
Rogers, de la Cruz, Raptakis, Paolino, Ciccone, Burke, McKenney, and Tikoian
Committee
Senate Housing & Municipal Government
Summary
Select
This legislation amends current state laws regarding sidewalks located along state highways. It explicitly assigns the responsibility for the maintenance of these sidewalks to the state government. Previously, maintenance duties may have been ambiguous or fallen upon municipalities. However, the bill creates a specific exception: the state is not responsible for the removal of snow and ice from these sidewalks. Consequently, while the state must handle physical repairs and general upkeep, the task of clearing winter precipitation remains outside of state jurisdiction.
Sponsor
Analysis
Pros for Progressives
- Ensures equitable infrastructure quality across the state, preventing sidewalks in lower-income municipalities from falling into disrepair due to lack of local funds.
- Promotes accessibility and safety for pedestrians, including those with disabilities, by placing repair oversight under a centralized state authority.
- Relieves financial pressure on municipal budgets, allowing towns to redirect resources toward other community needs and social services.
Cons for Progressives
- Excludes snow and ice removal from state responsibility, potentially leaving dangerous conditions for pedestrians who rely on walking or public transit during winter.
- May continue to place the physical burden of snow removal on adjacent property owners, which can be difficult for elderly or low-income residents.
- Does not allocate specific new funding for this mandate, raising concerns that the Department of Transportation might divert funds from other essential projects to cover these costs.
Pros for Conservatives
- Clarifies the division of responsibility between the state and municipalities, reducing legal ambiguity and potential litigation regarding liability for repairs.
- Maintains the responsibility of snow and ice removal at the local or individual level, preventing an expansion of the state workforce for seasonal maintenance.
- Ensures that state assets (sidewalks on state roads) are managed by the entity that owns the road, adhering to proper asset management principles.
Cons for Conservatives
- Expands the size and scope of state government obligations by shifting local maintenance responsibilities to the state level.
- Likely increases state spending and potential tax burdens to cover the costs of labor and materials for statewide sidewalk repairs.
- Centralizes control over local infrastructure, removing decision-making power from local municipalities regarding the prioritization of repairs in their own towns.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Pedestrians
- Municipal Governments
- Department of Transportation
- Property Owners abutting state highways
- Taxpayers
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Housing and Municipal Government
Bill Text
SECTION 1. Section 24-7-8 of the General Laws in Chapter 24-7 entitled "Sidewalks" is hereby amended to read as follows:
24-7-8. Sidewalks along state highways.
(a) Nothing in this chapter shall be held to oust the state of jurisdiction over any such sidewalks and curbing as may be made, laid, or constructed upon state highways within a town, but no sidewalks or curbing on state highways shall be made, laid, or constructed without the approval of the director of transportation first being had and obtained as to the feasibility, location, type, and time of construction.
(b) All maintenance of sidewalks along state highways, shall be the responsibility of the state, with the exception of snow and ice removal on those sidewalks.
SECTION 2. Section 24-8-6 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:
24-8-6. Authority for sidewalks and curbs.
(a) The director of transportation shall have the power and authority to make, lay in and upon, and construct sidewalks, including curbs, adjacent to and along either or any one side or both sides of any state road, now constructed, in the process of construction, or to be constructed, which in his or her opinion and judgment require sidewalks and curbs for pedestrian travel.
(b) All maintenance of sidewalks along state highways, shall be the responsibility of the state, with the exception of snow and ice removal on those sidewalks.
SECTION 3. This act shall take effect upon passage.
24-7-8. Sidewalks along state highways.
(a) Nothing in this chapter shall be held to oust the state of jurisdiction over any such sidewalks and curbing as may be made, laid, or constructed upon state highways within a town, but no sidewalks or curbing on state highways shall be made, laid, or constructed without the approval of the director of transportation first being had and obtained as to the feasibility, location, type, and time of construction.
(b) All maintenance of sidewalks along state highways, shall be the responsibility of the state, with the exception of snow and ice removal on those sidewalks.
SECTION 2. Section 24-8-6 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:
24-8-6. Authority for sidewalks and curbs.
(a) The director of transportation shall have the power and authority to make, lay in and upon, and construct sidewalks, including curbs, adjacent to and along either or any one side or both sides of any state road, now constructed, in the process of construction, or to be constructed, which in his or her opinion and judgment require sidewalks and curbs for pedestrian travel.
(b) All maintenance of sidewalks along state highways, shall be the responsibility of the state, with the exception of snow and ice removal on those sidewalks.
SECTION 3. This act shall take effect upon passage.