Senate committee approves bill to require DPW permits for public‑road excavation, seeks clearer public/private road definitions

The Senate Committee on Disaster Recovery, Infrastructure and Planning voted to forward bill 36‑0110 — an act amending Title 20, Virgin Islands Code, Part 1, Chapter 1 — to the Committee on Rules and Judiciary with a favorable recommendation after testimony from the Department of Public Works and the territory’s GIS division.

The bill, introduced by Senator Angel L. Bocas Jr., would require a Department of Public Works (DPW) permit before excavating a public roadway and authorize DPW to adopt a graded fee schedule to cover inspection, environmental review, traffic control, and restoration costs. Sponsors said collected fees would be deposited into district public road funds and used for road maintenance and repairs.

Why it matters: Witnesses said unregulated cuts to roads have left lasting damage to pavement and safety hazards. Commissioner Derek Gabriel told the committee DPW has run a permitting program since 2022 but lacks enforcement capacity and resources to inspect and compel restoration. “The department lacks the necessary resources to enforce compliance,” Gabriel said. He asked the Legislature to grant DPW enforcement authority and flexibility to manage permit programs, including authority over fee schedules.

GIS division recommendations: Christopher George, Administrator of the Territorial Geospatial Information Systems Division (Office of the Lieutenant Governor), told the committee the bill is an important first step but urged clearer legal definitions of “public roadway.” The GIS division noted the territory lacks a clean statutory distinction between public and private roads, which complicates enforcement and maintenance priorities. George recommended the permitting law be tied into a “call before you dig” data‑sharing system and that DPW and the GIS Division develop data standards and an underground utilities catalog to reduce accidental utility strikes.

Key committee concerns and discussion: Senators questioned restoration timing for emergency excavations, warranty terms for contractors and utility companies, and whether DPW should be given authority over all related permit programs (advertising devices, burial plots, driveways) and their fee schedules. Several senators emphasized that approving the bill would require additional staffing and inspection capacity at DPW to make the program enforceable.

Vote and outcome: The committee voted in favor of forwarding bill 36‑0110 to Rules and Judiciary. The clerk recorded five yeas and two absences on the motion to report favorably; the committee ordered the measure forwarded.

What the bill would do (as discussed in committee)

- Require DPW permits for any excavation of a public roadway (including restoration standards to ensure full lane or full road restoration where appropriate). - Authorize a graded fee schedule to reflect true costs — inspections, environmental reviews, traffic management, and full restoration — with fees remitted to the district public road fund. - Create a territory‑level coordination role in “call before you dig” protocols and encourage data sharing among DPW, utilities, and the GIS Division.

Other details recorded in testimony

- DPW said it has three restoration categories: trench restoration, full lane restoration, and full road restoration; restoration deadlines apply but DPW lacks staff and enforcement officers to compel compliance beyond stop‑work orders and withholding permits. - The GIS Division advised adding clear statutory definitions distinguishing public vs. private roads; administrators reported there is no single statutory definition presently in Title 20. - DPW and senators discussed temporary exemptions or fee waivers for emergency work and government agencies; Commissioner Gabriel recommended leaving discretion on exemptions to DPW.

Next steps: The bill will go to the Rules and Judiciary Committee. Committee members asked DPW to return with proposals for enforcement authority, staffing needs, and suggested statutory language to define public versus private roads.

Ending note: Committee members and witnesses stressed the bill is a first step: several senators asked that the Legislature either provide DPW with enforcement staffing or consider creating a dedicated undergrounding/inspection division to manage the expected surge in excavation work tied to recovery projects.