Old | New | Differences | |
---|---|---|---|
1 | - | Substitute House Bill No. 5411 | |
1 | + | General Assembly Substitute Bill No. 5411 | |
2 | + | February Session, 2016 *_____HB05411TRA___031516____* | |
2 | 3 | ||
3 | - | ||
4 | + | General Assembly | |
4 | 5 | ||
5 | - | AN ACT CONCERNING DEPARTMENT OF TRANSPORTATION RECOMMENDATIONS REGARDING THE LOCAL BRIDGE PROGRAM, THE TRANSIT-ORIENTED DEVELOPMENT PROJECT, OUTDATED REPORTING MANDATES, SCRAP METAL PROCESSORS, OPERATION OF A LABOR DAY WEEKEND COFFEE STOP AND REVISIONS TO OTHER STATUTES RELATED TO TRANSPORTATION. | |
6 | + | Substitute Bill No. 5411 | |
7 | + | ||
8 | + | February Session, 2016 | |
9 | + | ||
10 | + | *_____HB05411TRA___031516____* | |
11 | + | ||
12 | + | AN ACT CONCERNING DEPARTMENT OF TRANSPORTATION RECOMMENDATIONS REGARDING THE LOCAL BRIDGE PROGRAM, WORK ZONE SAFETY, THE TRANSIT-ORIENTED DEVELOPMENT PROJECT, COMMUTER PARKING AREAS, REVISIONS TO STATUTES RELATED TO TRANSPORTATION AND OUTDATED REPORTING MANDATES. | |
6 | 13 | ||
7 | 14 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
8 | 15 | ||
9 | 16 | Section 1. Section 13a-175p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
10 | 17 | ||
11 | 18 | The following terms, as used in this section and sections [13a-175p] 13a-175q to 13a-175u, inclusive, shall have the following meanings unless the context clearly indicates a different meaning or intent: | |
12 | 19 | ||
13 | 20 | (1) "Commissioner" means the Commissioner of Transportation. | |
14 | 21 | ||
15 | 22 | (2) "Eligible bridge" means a bridge located within one or more municipalities in the state, the physical condition of which requires it be removed, replaced, reconstructed, rehabilitated or improved as determined by the commissioner. | |
16 | 23 | ||
17 | 24 | (3) "Eligible bridge project" means the removal, replacement, reconstruction, rehabilitation or improvement of an eligible bridge by one or more municipalities. | |
18 | 25 | ||
19 | 26 | (4) "Grant" means any grant made to a municipality pursuant to section 13a-175s. | |
20 | 27 | ||
21 | 28 | (5) "Grant percentage" means [a percentage established by the commissioner for each municipality by (A) ranking all municipalities in descending order according to each such municipality's adjusted equalized net grand list per capita as defined in section 10-261; and (B) determining a percentage for each such municipality on a scale from not less than fifteen per cent to not more than fifty per cent based upon such ranking. In any case where a municipality does not have an adjusted equalized net grand list per capita such municipality shall be deemed to have the adjusted equalized net grand list per capita of the town in which it is located] fifty per cent. | |
22 | 29 | ||
23 | 30 | (6) "Local bridge program" means the local bridge program established pursuant to this section and sections [13a-175p] 13a-175q to 13a-175u, inclusive. | |
24 | 31 | ||
25 | 32 | (7) "Local Bridge Revolving Fund" means the Local Bridge Revolving Fund created under section 13a-175r. | |
26 | 33 | ||
27 | 34 | (8) "Municipality" means any town, city, borough, consolidated town and city, consolidated town and borough, district or other political subdivision of the state, owning or having responsibility for the maintenance of all or a portion of an eligible bridge. | |
28 | 35 | ||
29 | 36 | (9) "Physical condition" means the physical condition of a bridge based on [its structural deficiencies, sufficiency rating] the condition of its components and elements, functional adequacy, scour susceptibility and load capacity all as determined by the commissioner. | |
30 | 37 | ||
31 | 38 | (10) "Priority list of eligible bridge projects" means the priority list of eligible bridge projects established by the commissioner in accordance with the provisions of section 13a-175s. | |
32 | 39 | ||
33 | 40 | (11) "Project costs" means the total costs of a project determined by the commissioner to be necessary and reasonable. | |
34 | 41 | ||
35 | 42 | (12) "Supplemental project obligation" means bonds or serial notes issued by a municipality for the purpose of financing the portion of the costs of an eligible bridge project not met from the proceeds of a grant. | |
36 | 43 | ||
37 | 44 | Sec. 2. Subsection (a) of section 14-212g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
38 | 45 | ||
39 | - | (a) There is established an account to be known as the "work zone safety account" which shall be a separate, nonlapsing account within the Special Transportation Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Transportation [for the purposes of] to protect the safety of workers in highway work zones, as defined in section 14-212d, through (1) highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, [to protect the safety of workers in highway work zones, as defined in section 14-212d] | |
46 | + | (a) There is established an account to be known as the "work zone safety account" which shall be a separate, nonlapsing account within the Special Transportation Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Transportation [for the purposes of] to protect the safety of workers in highway work zones, as defined in section 14-212d, through (1) highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, [to protect the safety of workers in highway work zones, as defined in section 14-212d] (2) the purchase and implementation of technology and equipment, and (3) highway work zone training and education. | |
40 | 47 | ||
41 | 48 | Sec. 3. Subsection (b) of section 14-283b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
42 | 49 | ||
43 | 50 | (b) Any operator of a motor vehicle on a highway when approaching one or more [stationary] emergency vehicles that are stationary or traveling significantly below the posted speed limit and located on the shoulder, lane or breakdown lane of such highway shall (1) immediately reduce speed to a reasonable level below the posted speed limit, and (2) if traveling in the lane adjacent to the shoulder, lane or breakdown lane containing such emergency vehicle, move such motor vehicle over one lane, unless such movement would be unreasonable or unsafe. | |
44 | 51 | ||
45 | - | Sec. 4. Subsection (b) of section 13b-79kk of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
52 | + | Sec. 4. (Effective July 1, 2016) (a) On or before January 1, 2017, the Commissioner of Transportation shall commence a pilot program that monitors automated speed enforcement in highway work zones in two or more locations. | |
53 | + | ||
54 | + | (b) Not later than January 1, 2018, the commissioner shall report the findings, including, but not limited to, rates of speed and accidents occurring in highway work zones, and any recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation in accordance with the provisions of section 11-4a of the general statutes. | |
55 | + | ||
56 | + | Sec. 5. Subsection (b) of section 13b-79kk of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
46 | 57 | ||
47 | 58 | (b) Subject to the availability of funds, the commissioner may, with the approval of the secretary, participate in transit-oriented development projects to the extent that such projects result in the development or improvement of public transportation facilities. When the state solicits transit-oriented development proposals, the commissioner shall select the developer or developers through an open, competitive process. The commissioner may, with the approval of the secretary, waive competitive selection when (1) the developer is an abutting land owner or is the holder of a recorded, exercisable option to purchase an abutting property; (2) such [land owner's] property is essential to the project; and (3) the commissioner makes an express finding that (A) the cost to the state of any property transaction or provision of services does not exceed the fair market value of the property or services, and (B) the waiver is in the best interest of the state. | |
48 | 59 | ||
49 | - | Sec. | |
60 | + | Sec. 6. Section 13b-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
50 | 61 | ||
51 | - | ||
62 | + | The following terms, when used in this chapter shall have the following meanings, unless the context otherwise requires: | |
52 | 63 | ||
53 | - | ( | |
64 | + | (1) "Aeronautics", "air navigation facility", "airport" and "restricted landing area" have the meanings provided in section 15-34; | |
54 | 65 | ||
55 | - | ( | |
66 | + | (2) "Bureau" means any of the operating bureaus established in the department pursuant to the provisions of section 4-8; | |
56 | 67 | ||
57 | - | ( | |
68 | + | (3) "Commissioner" means the Commissioner of Transportation appointed pursuant to this chapter; | |
58 | 69 | ||
59 | - | ( | |
70 | + | (4) "Department" means the Department of Transportation established pursuant to this chapter; | |
60 | 71 | ||
61 | - | ( | |
72 | + | (5) "Highway", "state highway" and "limited access state highway" have the meanings provided in section 13a-1; | |
62 | 73 | ||
63 | - | ( | |
74 | + | (6) "Motor carrier" means any person who operates motor vehicles over the highways of this state, whether over regular or irregular routes, in the transportation of passengers or property, or any class or classes thereof, for hire by the general public or for hire under special and individual contracts; | |
64 | 75 | ||
65 | - | ( | |
76 | + | (7) "Person" may include the United States, any state, or any agency, instrumentality, department or officer thereof; | |
66 | 77 | ||
67 | - | Sec. 6. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
78 | + | (8) "State highway system" has the meaning provided in sections 13a-14 and 13a-15; | |
79 | + | ||
80 | + | (9) "Transportation" means any form of transportation for persons or goods within, to or from the state, whether by highway, air, water, rail or any other means; | |
81 | + | ||
82 | + | (10) "Fare inspector" means an employee of (A) the department designated by the commissioner, or (B) a third-party contractor employed by the department, whose duties are to inspect tickets, passes or other documentation required to show compliance by the passenger with the fare payment requirements of state-owned or controlled bus public transportation service when the fare payment is off board or a combination of off board and on board such bus; [.] | |
83 | + | ||
84 | + | (11) "Parking inspector" means an employee of (A) the department, designated by the commissioner, or (B) a third-party contractor employed by the department, whose duties are to monitor compliance with parking regulation and payment requirements in state commuter parking areas supporting public transportation services. | |
85 | + | ||
86 | + | Sec. 7. Section 13b-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): | |
87 | + | ||
88 | + | (a) Notwithstanding the provisions of any other statute, the commissioner may develop plans for, construct and maintain state commuter parking [facilities] areas at locations along automobile routes that will reduce peak traffic demands on highway systems and at locations that will encourage the use of carpools, vanpools and mass transportation facilities such as, but not limited to, bus or railroad lines. Any such parking [facilities which] areas that are not regulated by municipalities on October 1, 1983, may be used only for routine, temporary parking by persons using carpool or vanpool vehicles or mass transportation facilities. With the approval of the Secretary of the Office of Policy and Management, the commissioner may establish and collect reasonable parking fees at state commuter parking areas. The commissioner or any parking inspector may issue citations for any violation of posted rules within state commuter parking areas. The commissioner shall establish a process to hear appeals of fines assessed for such violations. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 governing the use of such parking [facilities] areas. Violation of any provision of any such regulations, or failure to pay assessed penalties for such violations, shall be an infraction. Any fine or assessed penalties imposed pursuant to this section shall be deposited in the Special Transportation Fund. | |
89 | + | ||
90 | + | (b) Such parking [facilities] areas may use space on, above or under highway rights-of-way. Funds expended by the Commissioner of Transportation on such parking [facilities] areas shall be divided between the needs of individuals who commute by automobile and individuals who commute by any of the various forms of mass transportation to [insure] ensure that the needs of each commuter for adequate parking [facilities] areas along railroad lines, bus routes, automobile routes or the lines or routes of other forms of transportation are not neglected. The commissioner may enter into agreements with federal, state or local governmental agencies to develop such plans, and to construct and maintain such [facilities] areas. The provisions of such agreements may be carried out by the commissioner or the state or local agency as necessity, convenience or economy requires. If and when the Congress of the United States provides financial aid to states for the planning, construction or maintenance of commuter parking [facilities] areas, the commissioner may do any and all other acts and things necessary or desirable to take advantage of such financial aid on behalf of the state in the same manner as is provided in section 13a-165 for federal aid for highways. Contracts for such construction shall be carried out in the manner provided by statute and regulations pursuant thereto for public works. The commissioner may acquire in the name of the state such real property as is necessary to construct and maintain such commuter parking [facilities] areas in the same manner and with like powers as authorized and exercised by said commissioner in acquiring real property for state highway purposes. | |
91 | + | ||
92 | + | Sec. 8. Subsection (b) of section 13b-61 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
93 | + | ||
94 | + | (b) Notwithstanding any provision of subsection (a) of this section, there shall be paid promptly to the Treasurer and thereupon, unless required to be applied by the terms of any lien, pledge or obligation created by or pursuant to the 1954 declaration, part III (C) of chapter 240, credited to the Special Transportation Fund: | |
95 | + | ||
96 | + | (1) On and after July 1, 1984, all moneys received or collected by the state or any officer thereof on account of, or derived from, sections 12-458 and 12-479, provided the State Comptroller is authorized to record as revenue to the General Fund for the fiscal year ending June 30, 1984, the amount of tax levied in accordance with said sections 12-458 and 12-479, on all fuel sold or used prior to the end of said fiscal year and which tax is received no later than July 31, 1984; | |
97 | + | ||
98 | + | (2) On and after July 1, 1984, all moneys received or collected by the state or any officer thereof on account of, or derived from, motor vehicle receipts; | |
99 | + | ||
100 | + | (3) On and after July 1, 1984, all moneys received or collected by the state or any officer thereof on account of, or derived from, (A) subsection (a) of section 14-192, and (B) royalty payments for retail sales of gasoline pursuant to section 13a-80, as amended by this act; | |
101 | + | ||
102 | + | (4) On and after July 1, 1985, all moneys received or collected by the state or any officer thereof on account of, or derived from, license, permit and fee revenues as defined in section 13b-59, except as provided under subdivision (3) of this subsection; | |
103 | + | ||
104 | + | (5) On or after July 1, 1989, all moneys received or collected by the state or any officer thereof on account of, or derived from, section 13b-70; | |
105 | + | ||
106 | + | (6) On and after July 1, 1984, all transportation-related federal revenues of the state; | |
107 | + | ||
108 | + | (7) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, fees for the relocation of a gasoline station under section 14-320; | |
109 | + | ||
110 | + | (8) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, section 14-319; | |
111 | + | ||
112 | + | (9) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, fees collected pursuant to section 14-327b for motor fuel quality registration of distributors; | |
113 | + | ||
114 | + | (10) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, annual registration fees for motor fuel dispensers and weighing or measuring devices pursuant to section 43-3; | |
115 | + | ||
116 | + | (11) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, fees for the issuance of identity cards pursuant to section 1-1h; | |
117 | + | ||
118 | + | (12) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, safety fees pursuant to subsection (w) of section 14-49; | |
119 | + | ||
120 | + | (13) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, late fees for the emissions inspection of motor vehicles pursuant to subsection (k) of section 14-164c; | |
121 | + | ||
122 | + | (14) On and after July 1, 1997, all moneys received or collected by the state or any officer thereof on account of, or derived from, the sale of information by the Commissioner of Motor Vehicles pursuant to subsection (b) of section 14-50a; | |
123 | + | ||
124 | + | (15) On and after October 1, 1998, all moneys received by the state or any officer thereof on account of, or derived from, section 14-212b; | |
125 | + | ||
126 | + | (16) On and after July 1, 2009, all moneys received or collected by the state or any officer thereof on account of, or derived from, any direct federal subsidy pursuant to Section 6431 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and relating to bonds or bond anticipation notes issued by the state pursuant to sections 13b-74 to 13b-77, inclusive; | |
127 | + | ||
128 | + | (17) On and after July 1, 2011, all moneys received or collected by the state or any officer thereof on account of, or derived from, sections 13b-61a to 13b-61c, inclusive; | |
129 | + | ||
130 | + | (18) On and after July 1, 2011, any other funds, moneys and receipts of the state required by law to be deposited, transferred or paid into the Special Transportation Fund other than proceeds of bonds or other securities of the state or of federal grants under the provisions of federal law; [and] | |
131 | + | ||
132 | + | (19) On and after July 1, 2016, all moneys received or collected by the state or any officer thereof on account of, or derived from, subsection (a) of section 13b-29, as amended by this act; and | |
133 | + | ||
134 | + | [(19)] (20) On and after July 1, 2015, all moneys received or collected by the state or any officer thereof on account of, or derived from, the use of highways, expressways and ferries, except as necessary for the direct payment of debt service on obligations of the state incurred for transportation purposes. | |
135 | + | ||
136 | + | Sec. 9. Subsection (a) of section 13b-34 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
137 | + | ||
138 | + | (a) The commissioner shall have power, in order to aid or promote the operation, whether temporary or permanent, of any transportation service operating to, from or in the state, to contract in the name of the state with any person, including but not limited to any common carrier, any transit district formed under chapter 103a or any special act, or any political subdivision or entity, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of initiating, continuing, developing, providing or improving any such transportation service. Such contracts may include provision for arbitration of disputed issues. The commissioner, in order to aid or promote the operation of any transportation service operating outside the state, may contract in the name of the state with any person, including, but not limited to, any common carrier, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of providing any transportation service in the event such assistance is required in the case of an emergency or a special event. The state, acting by and through the commissioner, may, by itself or in concert with others, provide all or a portion of any such service, share in the costs of or provide funds for such service, or furnish equipment or facilities for use in such service upon such terms and conditions as the commissioner may deem necessary or advisable, and any such contracts may include, without limitation thereto, arrangements under which the state shall so provide service, share costs, provide funds or furnish equipment or facilities. To these ends, the commissioner may in the name of the state acquire or obtain the use of facilities and equipment employed in providing any such service by gift, purchase, lease or other arrangements and may own and operate any such facilities and equipment and establish, charge and collect such fares and other charges or arrange for such collection for the use or services thereof as [he] the commissioner may deem necessary, convenient or desirable. The commissioner or any fare inspector [, as defined in section 13b-2, shall have the authority to] may issue citations for any violation of section 13b-38i. The commissioner or any parking inspector may issue citations for any violation of section 13b-29, as amended by this act. The commissioner may also acquire title in fee simple to, or any lesser estate, interest or right in, any rights-of-way, properties or facilities, including properties used on or before October 1, 1969, for rail or other forms of transportation services. The commissioner may hold such properties for future use by the state and may enter into agreements for interim use of such properties for other purposes. Any person contracting with the state pursuant to this section for the provision of any transportation service shall not be considered an arm or agent of the state. Any damages caused by the operation of such transportation service by such person may be recovered in a civil action brought against such person in the superior court and such person may not assert the defense of sovereign immunity in such action. | |
139 | + | ||
140 | + | Sec. 10. Subsection (c) of section 13a-73 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
141 | + | ||
142 | + | (c) The commissioner may purchase any land and take a deed thereof in the name of the state when such land is needed in connection with the layout, construction, repair, reconstruction or maintenance of any state highway or bridge, and any land or buildings or both, necessary, in the commissioner's opinion, for the efficient accomplishment of the foregoing purpose, and may further, when the commissioner determines that it is in the best interests of the state, purchase, lease or otherwise arrange for the acquisition or exchange of land or buildings or both. [, provided any purchase of such land or land and buildings in an amount in excess of the sum of one hundred thousand dollars shall be approved by a state referee.] The commissioner, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, firm or corporation claiming to be aggrieved by such layout, construction, reconstruction, repair or maintenance by the payment of money, the transfer of other land acquired for or in connection with highway purposes, or otherwise. The commissioner shall permit the last owner of record of such real property upon which an owner-occupied residence or owner-operated business is situated to remain in such residence or operate such business, rent free, for a period of ninety days from the filing of such deed. | |
143 | + | ||
144 | + | Sec. 11. Subsection (b) of section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
145 | + | ||
146 | + | (b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale 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, the department 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 [, and to any municipality in which any such parcel is located, before holding] prior to 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, pursuant to local zoning requirements, the commissioner may sell or transfer the property to such abutting landowner without public bid or auction. The department shall obtain a second appraisal if the value of such property is more than two hundred fifty thousand dollars and is to be sold to an abutting landowner or in accordance with the provisions of subsection (c) of this section. Any appraisals shall be obtained prior to the determination of a sale price of the excess property. | |
147 | + | ||
148 | + | Sec. 12. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): | |
68 | 149 | ||
69 | 150 | (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; (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; and (10) the Department of Transportation may replace the bridge that carries West Street over the Providence and Worcester Railroad in Middletown, Bridge Number 03993, with a new bridge that provides a minimum overhead clearance over the railroad tracks of eighteen feet, one inch. | |
70 | 151 | ||
71 | - | Sec. | |
152 | + | Sec. 13. Subsection (b) of section 13b-79p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
72 | 153 | ||
73 | 154 | (b) The commissioner shall evaluate and plan the implementation of the following projects: | |
74 | 155 | ||
75 | 156 | [(1) Improving Routes 2 and 2A in the towns of Preston, North Stonington and Montville, including conducting the first phase of a study examining construction of a Route 2A bypass alternative that would begin in Preston, proceed in a northerly direction toward downtown Norwich, and end at Route 2 in Preston. The first phase of the study shall include, but need not be limited to, an analysis of the feasibility, local economic impact and cost of constructing that portion of the bypass alternative that would pass through the Hinkley Hill area of Norwich. The first phase of the study shall be conducted by an independent entity pursuant to a contract with the Department of Transportation, the value of which shall not exceed three hundred thousand dollars. The results of the first phase of the study shall be submitted not later than September 30, 2008, to said department and the joint standing committee having cognizance of matters relating to transportation;] | |
76 | 157 | ||
77 | 158 | [(2)] (1) Upgrading the Pequot Bridge in Montville; | |
78 | 159 | ||
79 | 160 | [(3)] (2) Evaluating rail links to other ports; | |
80 | 161 | ||
81 | 162 | [(4)] (3) Supporting and encouraging the dredging of the state's commercial ports; | |
82 | 163 | ||
83 | 164 | [(5)] (4) Developing a second rail passenger station between New Haven and Milford; | |
84 | 165 | ||
85 | 166 | [(6)] (5) Expanding Route 9; and | |
86 | 167 | ||
87 | 168 | [(7)] (6) Completing the Day Hill Corridor environmental assessment study, not to exceed five hundred thousand dollars. | |
88 | 169 | ||
89 | - | Sec. | |
170 | + | Sec. 14. Section 13b-276 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
90 | 171 | ||
91 | 172 | [(a)] The Commissioner of Transportation, if he finds that a dangerous condition exists at such crossing, except a dangerous condition arising out of improper or inadequate maintenance, shall issue such order to such municipality or to any such public service company directing the removal, change or relocation of such crossing, highway, tracks, pipes, wires, poles or other fixtures or tree or building or other structure, as may be necessary to eliminate such dangerous condition; and shall apportion the cost thereof among such public service company or companies, such municipality and the state, and shall determine the conditions and the time and manner of the payment of such apportionments, provided the portion of the cost to be paid by such public service company in the elimination of any such dangerous conditions on state maintained highways shall not exceed ten per cent. The party or parties ordered by said commissioner to perform the work necessary to remove such dangerous condition shall serve written notice, at least thirty days prior to the approximate date of the commencement of such work, upon all other parties in interest, including any public service company whose plant is involved or affected by such work, and any such public service company shall provide such means as may be necessary for the continued use of such plant in such manner as to best serve the interests and convenience of the public. | |
92 | 173 | ||
93 | 174 | [(b) The Commissioner of Transportation shall, not later than October 1, 2009, and every three years thereafter, provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, regarding any railroad crossing at grade. Such report shall (1) list all the at-grade rail crossings in the state, (2) identify such crossings that create a hazardous situation, (3) provide a budget and identify funding sources, including any available federal funding, for upgrading or eliminating such hazardous crossings, (4) prioritize the upgrades or eliminations that are recommended in such report, and (5) for reports submitted pursuant to this subsection after the initial report, describe the progress to date in upgrading or eliminating hazardous at-grade crossings.] | |
94 | 175 | ||
95 | - | Sec. | |
176 | + | Sec. 15. Subsection (a) of section 13a-184 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
96 | 177 | ||
97 | - | The | |
178 | + | (a) The State Bond Commission shall have power, in accordance with the provisions of this section and sections [13a-184] 13a-185 to 13a-197, inclusive, from time to time, to authorize the issuance of temporary notes as hereinafter provided, and from time to time to authorize the issuance of bonds or certificates of indebtedness of the state, hereinafter referred to as securities, in one or more series and in principal amounts not in the aggregate exceeding one hundred thirty-two million one hundred thousand dollars. [From the revenues anticipated to be available to the Commissioner of Transportation in the Highway Fund for the biennium ending June 30, 1963, appropriation of the sum of twenty-five million dollars for said biennium is hereby made, and from the revenues anticipated to be available to the commissioner in the Highway Fund for the biennium ending June 30, 1967, appropriation of the sum of twenty-five million five hundred thousand dollars for said biennium is hereby made, and said aggregate sum of fifty million five hundred thousand dollars is appropriated for highway construction and other purposes as provided in said sections and in subsections (d) and (e) of section 13b-26.] | |
98 | 179 | ||
99 | - | Sec. 10. Section 13b-57s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
180 | + | Sec. 16. Section 13b-57m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
181 | + | ||
182 | + | The purpose of [sections 13b-57m to 13b-57q, inclusive,] this section and subdivision (16) of subsection (b) of section 13b-61, as amended by this act, is to promote the welfare and prosperity of the people of this state by enabling the state to implement and fund certain transportation related projects, purposes and strategies in order to: (1) Improve personal mobility within and through this state; (2) improve the movement of goods and freight within and through this state; (3) integrate transportation with economic, land use, environmental and quality of life issues; (4) develop policies and procedures that will integrate the state economy with regional, national and global economies; and (5) identify policies and sources that provide an adequate and reliable flow of funding necessary for a quality multimodal transportation system. | |
183 | + | ||
184 | + | Sec. 17. Section 13b-57s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
100 | 185 | ||
101 | 186 | During the fiscal years ending June 30, 2006, and June 30, 2007, the sum of five million dollars shall be expended from the Transportation Strategy Board projects account for grants-in-aid and administrative expenses under the program established pursuant to section 13b-38bb. [The funding shall be included in the annual financing plan adopted pursuant to section 13b-57q.] The funds shall remain available until expended. | |
102 | 187 | ||
103 | - | Sec. | |
188 | + | Sec. 18. Section 13b-57t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
104 | 189 | ||
105 | 190 | (a) During the fiscal year ending June 30, 2005, [the annual financing plan adopted pursuant to section 13b-57q shall include] the sum of five million dollars [to] shall be expended from the Transportation Strategy Board projects account to support the New Haven Line revitalization program undertaken pursuant to subsections (a), (b) and (c) of this section and sections 13b-78k, as amended by this act, 13b-78m and 13b-78n. The funds shall remain available until expended. | |
106 | 191 | ||
107 | 192 | (b) During the fiscal year ending June 30, 2006, the sum of twenty million dollars shall be expended from the Transportation Strategy Board projects account to support the New Haven Line revitalization program undertaken pursuant to public act 05-4 of the June special session. [The funding shall be included in the annual financing plan adopted pursuant to section 13b-57q.] The funds shall remain available until expended. | |
108 | 193 | ||
109 | 194 | (c) During the fiscal year ending June 30, 2007, the sum of fifteen million dollars shall be expended from the Transportation Strategy Board projects account to support the New Haven Line revitalization program undertaken pursuant to public act 05-4 of the June special session. [The funding shall be included in the annual financing plan adopted pursuant to section 13b-57q.] The funds shall remain available until expended. | |
110 | 195 | ||
111 | 196 | (d) From the fiscal year ending June 30, 2008, to the fiscal year ending June 30, 2015, inclusive, the sum of fifteen million dollars shall be expended from the Transportation Strategy Board projects account to support the New Haven Line Revitalization program undertaken pursuant to public act 05-4 of the June special session. [The funding shall be included in the annual financing plan adopted pursuant to section 13b-57q.] The funds shall remain available until expended. | |
112 | 197 | ||
113 | - | Sec. | |
198 | + | Sec. 19. Subsection (a) of section 13b-69 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
114 | 199 | ||
115 | 200 | (a) Except as provided in subsection (b) of section 14-212g, the Treasurer shall apply the resources in the Special Transportation Fund, upon their receipt, first, to pay or provide for the payment of debt service requirements, as defined in section 13b-75, at such time or times, in such amount or amounts and in such manner, as provided by the proceedings authorizing the issuance of special tax obligation bonds pursuant to sections 13b-74 to 13b-77, inclusive, and then to pay from the Transportation Strategy Board projects account of the Special Transportation Fund, established under section 13b-57r, the incremental revenues identified in approved annual financing plans for cash funding. [in accordance with the provisions of section 13b-57q.] | |
116 | 201 | ||
117 | - | Sec. | |
202 | + | Sec. 20. Section 13b-78k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
118 | 203 | ||
119 | 204 | As used in this section, sections 13b-57m, as amended by this act, [and 13b-57q to] 13b-57r and 13b-57s, as amended by this act, [inclusive,] subsections (a), (b) and (c) of section 13b-57t, as amended by this act, sections 13b-74 and 13b-78l to [13b-78o] 13b-78n, inclusive, and section 46 of public act 05-4 of the June special session: | |
120 | 205 | ||
121 | 206 | (1) "New Haven Line" means the rail passenger service operated between New Haven and intermediate points and Grand Central station, including the Danbury, Waterbury and New Canaan branch lines. | |
122 | 207 | ||
123 | 208 | (2) "New Haven Line revitalization program" means the design, development, construction and acquisition of maintenance facilities, rail cars and related equipment for use on the New Haven Line, as specified in subdivisions (1) and (2) of section 13b-78l. | |
124 | 209 | ||
125 | 210 | (3) "Transportation Strategy Board projects account" means the account created by subsection (a) of section 13b-57r. | |
126 | 211 | ||
127 | 212 | (4) "Transportation system improvement" means: (1) Projects included in the state-wide transportation improvement program, (2) funded and unfunded projects included in regional transportation improvement plans, or (3) projects identified in subsection (h) of section 13b-57. | |
128 | 213 | ||
129 | - | Sec. | |
214 | + | Sec. 21. Section 13b-79t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016): | |
130 | 215 | ||
131 | 216 | The Department of Transportation may solicit bids or qualifications for equipment, materials or services for a project funded pursuant to subsection (a) of section 3-20a, subsection (c) of section 4-66c, subdivision (4) of subsection (a) of section 13b-57d, section 13b-61a, subdivision (3) of section 13b-78k, as amended by this act, section 13b-78n, subsection (a) of section 13b-78p, sections 13b-79o to [13b-79z] 13b-79y, inclusive, or sections 19, 24, 25 or 33 to 35, inclusive, of public act 06-136 at any time in the fiscal year, notwithstanding the fact that all required funds may not be available for the expenditure until later in the same or succeeding fiscal year. | |
132 | 217 | ||
133 | - | Sec. | |
218 | + | Sec. 22. Sections 13b-22, 13b-26, 13b-57q, 13b-77a, 13b-78o, 13b-79 to 13b-79b, inclusive, and 13b-79z of the general statutes are repealed. (Effective July 1, 2016) | |
134 | 219 | ||
135 | - | (a) The commissioner shall make such alterations in the state highway system as he may from time to time deem necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any such alteration he shall consider the best interest of the state, taking into consideration relevant factors including the following: Traffic flow, origin and destination of traffic, integration and circulation of traffic, continuity of routes, alternate available routes and changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner. [Each biennium the commissioner shall notify all members of the General Assembly of the availability of the plan. A member requesting a plan shall be sent a written copy or electronic storage media of the plan by the commissioner. ] | |
136 | 220 | ||
137 | - | Sec. 16. Section 12 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage): | |
138 | 221 | ||
139 | - | (a) [Boy Scout Troop 24 of East Lyme] For the purposes of this section, "Labor Day" means the first Monday of September, and "Labor Day weekend" means Labor Day and the Saturday and Sunday before Labor Day. | |
140 | 222 | ||
141 | - | (b) Any boy scout troop of East Lyme or Waterford may operate an annual Labor Day weekend coffee stop, at the [Waterford Weigh Station] weigh stations in Waterford on Interstate 95 northbound and southbound, in accordance with the provisions of this section and any public health and safety standards or requirements established by the Division of State Police of the Department of Public Safety, the Department of Motor Vehicles or the Department of Transportation. | |
223 | + | This act shall take effect as follows and shall amend the following sections: | |
224 | + | Section 1 July 1, 2016 13a-175p | |
225 | + | Sec. 2 from passage 14-212g(a) | |
226 | + | Sec. 3 July 1, 2016 14-283b(b) | |
227 | + | Sec. 4 July 1, 2016 New section | |
228 | + | Sec. 5 from passage 13b-79kk(b) | |
229 | + | Sec. 6 July 1, 2016 13b-2 | |
230 | + | Sec. 7 October 1, 2016 13b-29 | |
231 | + | Sec. 8 July 1, 2016 13b-61(b) | |
232 | + | Sec. 9 July 1, 2016 13b-34(a) | |
233 | + | Sec. 10 from passage 13a-73(c) | |
234 | + | Sec. 11 from passage 13a-80(b) | |
235 | + | Sec. 12 from passage 13b-251(a) | |
236 | + | Sec. 13 July 1, 2016 13b-79p(b) | |
237 | + | Sec. 14 July 1, 2016 13b-276 | |
238 | + | Sec. 15 July 1, 2016 13a-184(a) | |
239 | + | Sec. 16 July 1, 2016 13b-57m | |
240 | + | Sec. 17 July 1, 2016 13b-57s | |
241 | + | Sec. 18 July 1, 2016 13b-57t | |
242 | + | Sec. 19 July 1, 2016 13b-69(a) | |
243 | + | Sec. 20 July 1, 2016 13b-78k | |
244 | + | Sec. 21 July 1, 2016 13b-79t | |
245 | + | Sec. 22 July 1, 2016 Repealer section | |
142 | 246 | ||
143 | - | ||
247 | + | This act shall take effect as follows and shall amend the following sections: | |
144 | 248 | ||
145 | - | ||
249 | + | Section 1 | |
146 | 250 | ||
147 | - | ||
251 | + | July 1, 2016 | |
148 | 252 | ||
149 | - | ||
253 | + | 13a-175p | |
150 | 254 | ||
151 | - | Sec. | |
255 | + | Sec. 2 | |
152 | 256 | ||
153 | - | Sec. 19. Sections 13b-22, 13b-57q, 13b-77a, 13b-78o, 13b-79 to 13b-79b, inclusive, and 13b-79z of the general statutes are repealed. (Effective July 1, 2016) | |
257 | + | from passage | |
258 | + | ||
259 | + | 14-212g(a) | |
260 | + | ||
261 | + | Sec. 3 | |
262 | + | ||
263 | + | July 1, 2016 | |
264 | + | ||
265 | + | 14-283b(b) | |
266 | + | ||
267 | + | Sec. 4 | |
268 | + | ||
269 | + | July 1, 2016 | |
270 | + | ||
271 | + | New section | |
272 | + | ||
273 | + | Sec. 5 | |
274 | + | ||
275 | + | from passage | |
276 | + | ||
277 | + | 13b-79kk(b) | |
278 | + | ||
279 | + | Sec. 6 | |
280 | + | ||
281 | + | July 1, 2016 | |
282 | + | ||
283 | + | 13b-2 | |
284 | + | ||
285 | + | Sec. 7 | |
286 | + | ||
287 | + | October 1, 2016 | |
288 | + | ||
289 | + | 13b-29 | |
290 | + | ||
291 | + | Sec. 8 | |
292 | + | ||
293 | + | July 1, 2016 | |
294 | + | ||
295 | + | 13b-61(b) | |
296 | + | ||
297 | + | Sec. 9 | |
298 | + | ||
299 | + | July 1, 2016 | |
300 | + | ||
301 | + | 13b-34(a) | |
302 | + | ||
303 | + | Sec. 10 | |
304 | + | ||
305 | + | from passage | |
306 | + | ||
307 | + | 13a-73(c) | |
308 | + | ||
309 | + | Sec. 11 | |
310 | + | ||
311 | + | from passage | |
312 | + | ||
313 | + | 13a-80(b) | |
314 | + | ||
315 | + | Sec. 12 | |
316 | + | ||
317 | + | from passage | |
318 | + | ||
319 | + | 13b-251(a) | |
320 | + | ||
321 | + | Sec. 13 | |
322 | + | ||
323 | + | July 1, 2016 | |
324 | + | ||
325 | + | 13b-79p(b) | |
326 | + | ||
327 | + | Sec. 14 | |
328 | + | ||
329 | + | July 1, 2016 | |
330 | + | ||
331 | + | 13b-276 | |
332 | + | ||
333 | + | Sec. 15 | |
334 | + | ||
335 | + | July 1, 2016 | |
336 | + | ||
337 | + | 13a-184(a) | |
338 | + | ||
339 | + | Sec. 16 | |
340 | + | ||
341 | + | July 1, 2016 | |
342 | + | ||
343 | + | 13b-57m | |
344 | + | ||
345 | + | Sec. 17 | |
346 | + | ||
347 | + | July 1, 2016 | |
348 | + | ||
349 | + | 13b-57s | |
350 | + | ||
351 | + | Sec. 18 | |
352 | + | ||
353 | + | July 1, 2016 | |
354 | + | ||
355 | + | 13b-57t | |
356 | + | ||
357 | + | Sec. 19 | |
358 | + | ||
359 | + | July 1, 2016 | |
360 | + | ||
361 | + | 13b-69(a) | |
362 | + | ||
363 | + | Sec. 20 | |
364 | + | ||
365 | + | July 1, 2016 | |
366 | + | ||
367 | + | 13b-78k | |
368 | + | ||
369 | + | Sec. 21 | |
370 | + | ||
371 | + | July 1, 2016 | |
372 | + | ||
373 | + | 13b-79t | |
374 | + | ||
375 | + | Sec. 22 | |
376 | + | ||
377 | + | July 1, 2016 | |
378 | + | ||
379 | + | Repealer section | |
380 | + | ||
381 | + | ||
382 | + | ||
383 | + | TRA Joint Favorable Subst. | |
384 | + | ||
385 | + | TRA | |
386 | + | ||
387 | + | Joint Favorable Subst. |