General Assembly Raised Bill No. 5163
February Session, 2012 LCO No. 929
*00929_______TRA*
Referred to Committee on Transportation
Introduced by:
(TRA)
General Assembly
Raised Bill No. 5163
February Session, 2012
LCO No. 929
*00929_______TRA*
Referred to Committee on Transportation
Introduced by:
(TRA)
AN ACT CONCERNING REVISIONS TO THE DEPARTMENT OF TRANSPORTATION STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The [commissioner] Commissioner of Transportation, with the advice and consent of the Secretary of the Office of Policy and Management and the State Properties Review Board may sell, lease and convey, in the name of the state, or otherwise dispose of, or enter into agreements concerning, any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of the foregoing purposes or formerly used for highway purposes, which real property is not necessary for such purposes. The commissioner shall notify the state representative and the state senator representing the municipality in which said property is located within one year of the date a determination is made that the property is not necessary for highway purposes and that the department intends to dispose of the property.
(b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale [. Except as provided in subsection (c) of this section, transfers] and shall hold a public bid or auction for all properties determined to be legal lots of record. If the department does not receive any bids at the initial public bid or auction, it may continue to market the property and accept offers for sale or hold another bid or auction. Transfers to other state agencies and municipalities for purposes specified by the department shall be exempt from the appraisal requirement. The department shall offer parcels that are legal lots of record to other state agencies before holding a public bid or auction and shall offer parcels that are not legal lots of record to all abutting landowners in accordance with department regulations. If the sale or transfer of property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to such abutting landowner without public bid or auction. The department shall obtain a second appraisal if such property is valued [over one] more than two hundred fifty thousand dollars and is [not] to be sold [through public bid or auction] to an abutting landowner or in accordance with the provisions of subsection (c) of this section. Any appraisals [or value reports] shall be obtained prior to the determination of a sale price of the excess property.
(c) Notwithstanding the provisions of sections 3-14b and 4b-21, no residential property upon which a single-family dwelling is situated at the time it is obtained by the department for highway purposes may be sold or transferred pursuant to this section within twenty-five years of the date of its acquisition without the department's first offering the owner or owners of the property at the time of its acquisition a right of first refusal to purchase the property at the amount of its appraised value as determined in accordance with the provisions of subsection (b) of this section. [, except for property offered for sale to municipalities prior to July 1, 1988.] Notice of such offer shall be sent to each such owner by registered or certified mail, return receipt requested, within one year of the date a determination is made that such property is not necessary for highway purposes. Any such offer shall be terminated by the department if it has not received written notice of the owner's acceptance of the offer within sixty days of the date it was mailed. [Whenever the offer is not so accepted, the department shall offer parcels which meet local zoning requirements for residential or commercial use to other state agencies and shall offer parcels which do not meet local zoning requirements for residential or commercial use to all abutting landowners in accordance with department regulations. If the sale or transfer of the property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to that abutter without public bid or auction.] The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing procedures for the disposition of excess property pursuant to the provisions of this subsection in the event such property is owned by more than one person.
(d) Where the department has in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under subsection (c) of this section and mailed notice to the last known address of record of those ascertained, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this section.
Sec. 2. Subsection (e) of section 15-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(e) Said commissioner may inactivate, suspend or revoke any pilot's license for (1) incompetence, (2) neglect of duty, (3) misconduct, (4) physical limitations preventing performance of duties, or [(4)] (5) using a vessel owned or operated by a person who has not obtained a certificate of compliance under the provisions of section 15-15e, as amended by this act, for the purpose of embarking or disembarking another vessel in open and unprotected waters. Any person aggrieved by the action of said commissioner under the provisions of this subsection may appeal therefrom in accordance with the provisions of section 4-183.
Sec. 3. Section 15-15e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) [On and after October 1, 1997, no] An owner or operator of a vessel [may] used to transport or offer to transport a pilot licensed under the provisions of section 15-13, as amended by this act, for the purpose of embarking or disembarking another vessel in open and unprotected waters [unless such owner or operator has obtained] shall obtain a certificate of compliance from [the Commissioner of Transportation. On and after October 1, 1997, the Commissioner of Transportation shall issue a certificate of compliance to each owner or operator of a vessel used to transport a licensed pilot for the purpose of embarking or disembarking another vessel in open and unprotected waters who complies with the requirements specified in regulations which shall be adopted by the commissioner in accordance with the provisions of chapter 54. The regulations shall specify (1) standards and procedures for the issuance and renewal of such certificate; (2) grounds for the suspension of such certificate; (3) requirements relative to the inspection of such vessels, including the designation and qualifications of inspectors of such vessels and the maintenance and inspection of logs in each such vessel; (4) the procedures for embarkation and disembarkation of pilots; and (5) the operation of and equipment required on each such vessel. Such regulations may establish standard rates for the use of each such vessel for such purpose. For the purposes of this subsection, "open and unprotected waters" means waters located east of the area depicted on the National Oceanic and Atmospheric Administration charts of the eastern portion of Long Island Sound as "The Race"] a qualified marine surveyor. Marine surveyors shall be guided by applicable United States Coast Guard regulations, if any, and standards set by insurance companies for the insurability of such vessel.
(b) Any person who [violates any provision of] fails to comply with subsection (a) of this section or any regulation adopted thereunder shall be fined not less than [sixty] five hundred dollars nor more than [two hundred fifty] one thousand dollars. [for each such violation.]
Sec. 4. (NEW) (Effective October 1, 2012) The Commissioner of Transportation may issue a filming permit, on a form required by the commissioner, to any person seeking to film upon the state highway right-of-way or state real property under the custody and control of the Department of Transportation. Such permit shall specify the insurance coverage that the permittee shall be required to obtain, as determined by the commissioner in consultation with the state's Director of Insurance and Risk Management, with the state named as an additional insured. No liability shall accrue to the state or any agency or employee of the state for any injuries or damages to any person or property that may result, either directly or indirectly, from the filming activities of the permittee on state real property or state highway right-of-way.
Sec. 5. (NEW) (Effective October 1, 2012) The Commissioner of Transportation may grant easements with respect to land owned by the state to a public service company, as defined in section 16-1 of the general statutes, the owner of a district heating and cooling system, or a municipal water or sewer authority, in connection with bringing utility service to a Department of Transportation facility or office, subject to the approval of the State Properties Review Board.
Sec. 6. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) The minimum overhead clearance for any structure crossing over railroad tracks for which construction is begun on or after October 1, 1986, shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance; (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated that are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches; (3) the minimum overhead clearance for the structure that carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156, (B) U.S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05, (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149, (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376, (E) Route 1 over railroad tracks in Milford, designated state project number 173-117, (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164, (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114, (H) Route 100 over the railroad tracks in East Haven, bridge number 01294, and (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526, shall be eighteen feet; (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870, (B) Crown Street, bridge number 03871, and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches; (5) the minimum overhead clearance for the structure carrying State Street railroad station pedestrian bridge over railroad tracks in New Haven shall be nineteen feet, ten inches; (6) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches; (7) the Department of Transportation may replace the Hales Road Highway Bridge over railroad tracks in Westport, Bridge Number 03852, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be eighteen feet, five inches; [and] (8) the Department of Transportation may replace the Pearl Street Highway Bridge over railroad tracks in Middletown, Bridge Number 04032, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be seventeen feet, eleven inches; and (9) the Department of Transportation may construct a new bridge that provides a minimum overhead clearance of twenty-two feet, two inches for the structure carrying Metro Center Access Road over the Metro-North Railroad in Fairfield.
Sec. 7. Subsection (a) of section 16a-27 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons, shall, prior to March 1, 2012, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. [Any revision made after May 15, 1991, shall identify the major transportation proposals, including proposals for mass transit, contained in the master transportation plan prepared pursuant to section 13b-15.] Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Energy and Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system.
Sec. 8. Subdivision (10) of section 25-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(10) "Major state plan" means [the master transportation plan adopted pursuant to section 13b-15,] the plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the plan for the disposal of dredged material for Long Island Sound, the historic preservation plan adopted under the National Historic Preservation Act, as amended, the state-wide facility and capital plan adopted pursuant to section 4b-23, the water quality management plan adopted under the federal Clean Water Act, the marine resources management plan, the plan for managing forest resources, the wildlife management plans and the salmon restoration plan;
Sec. 9. Subsection (e) of section 25-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(e) After adoption pursuant to subsection (d) of this section of an inventory, statement of objectives and map, the river committee shall prepare a report on all federal, state and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such laws shall include regulations adopted pursuant to chapter 440 and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such plans shall include plans of conservation and development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans adopted pursuant to section 25-32d, coordinated water system plans adopted pursuant to section 25-33h, municipal open space plans, the commissioner's fish and wildlife plans, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning agencies pursuant to section 8-31a, and publicly-owned wastewater treatment facility plans. State and regional agencies shall, within available resources, assist the river committee in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river committee's objectives for river corridor protection and preservation as reflected in the statement of objectives. If conflicts are identified, the river committee shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources, attempt with the river commission to resolve such conflicts.
Sec. 10. Subdivision (4) of section 25-231 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(4) "Major state plan" means any of the following: The [master transportation plan adopted pursuant to section 13b-15, the] plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the historic preservation plan adopted under the National Historic Preservation Act, 16 USC 470 et seq., the state-wide facility and capital plan adopted pursuant to section 4b-23, the state's consolidated plan for housing and community development prepared pursuant to section 8-37t, the water quality management plan adopted under the federal Clean Water Act, 33 USC 1251 et seq., any plans for managing forest resources adopted pursuant to section 23-20 and the Connecticut River Atlantic Salmon Compact adopted pursuant to section 26-302;
Sec. 11. Subsection (e) of section 25-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(e) After adoption of an inventory, statement of objectives and map, pursuant to subsection (d) of this section, the river commission shall prepare a report on all federal, state, regional and municipal laws, plans, programs and proposed activities that may affect the river corridor defined in such map. Such federal, state, regional and municipal laws shall include regulations adopted pursuant to chapter 440, and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such federal, state, regional and municipal plans shall include plans of development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans submitted pursuant to section 25-32d, coordinated water system plans submitted pursuant to section 25-33h, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning organizations, as defined in section 4-124i, and plans of publicly owned wastewater treatment facilities whose discharges may affect the subject river corridor. State and regional agencies shall, within available resources, assist the river commission in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river commission's objectives for river corridor management as reflected in the statement of objectives. If conflicts are identified, the river commission shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources and in consultation with the river commission, attempt to resolve such conflicts.
Sec. 12. Section 13b-15 of the general statutes is repealed. (Effective July 1, 2012)
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 13a-80
Sec. 2 October 1, 2012 15-13(e)
Sec. 3 October 1, 2012 15-15e
Sec. 4 October 1, 2012 New section
Sec. 5 October 1, 2012 New section
Sec. 6 July 1, 2012 13b-251(a)
Sec. 7 July 1, 2012 16a-27(a)
Sec. 8 July 1, 2012 25-201(10)
Sec. 9 July 1, 2012 25-204(e)
Sec. 10 July 1, 2012 25-231(4)
Sec. 11 July 1, 2012 25-234(e)
Sec. 12 July 1, 2012 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
13a-80
Sec. 2
October 1, 2012
15-13(e)
Sec. 3
October 1, 2012
15-15e
Sec. 4
October 1, 2012
New section
Sec. 5
October 1, 2012
New section
Sec. 6
July 1, 2012
13b-251(a)
Sec. 7
July 1, 2012
16a-27(a)
Sec. 8
July 1, 2012
25-201(10)
Sec. 9
July 1, 2012
25-204(e)
Sec. 10
July 1, 2012
25-231(4)
Sec. 11
July 1, 2012
25-234(e)
Sec. 12
July 1, 2012
Repealer section
Statement of Purpose:
To revise Department of Transportation statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]