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Connecticut House Bill HB07138

Connecticut 2017 Regular Session

Connecticut House Bill HB07138 Compare Versions

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1-Substitute House Bill No. 7138
1+General Assembly Substitute Bill No. 7138
2+January Session, 2017 *_____HB07138TRA___032017____*
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3-Public Act No. 17-192
4+General Assembly
5+
6+Substitute Bill No. 7138
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8+January Session, 2017
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10+*_____HB07138TRA___032017____*
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512 AN ACT CONCERNING LEGISLATIVE OVERSIGHT OF MAJOR TRANSPORTATION PROJECTS AND PLANNING.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective October 1, 2017) (a) There is established a Transportation Policy Advisory Council, which shall be part of the Executive Department.
16+Section 1. (NEW) (Effective October 1, 2017) As used in this section and sections 2 to 4, inclusive, of this act:
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18+(1) "Transportation project" means any planning, capital or operating project with regard to transportation undertaken by the state on and after July 1, 2018, that requires any authorization of bonds, appropriation, allocation or allotment of moneys by the state, but shall not include (A) any project funded by the state where the estimated cost of such project is less than the threshold limit to qualify for the loan program established by the Transportation Infrastructure Finance and Innovation Act of 1998, (B) any project funded in part with money from the federal government or a federal agency where the estimated total cost of such project to the state is less than twenty per cent of the threshold limit to qualify for such loan program, or (C) any repair, improvement, alteration or replacement of roads, bridges and rail which, in the opinion of the Commissioner of Transportation, constitutes a threat to public safety; and
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20+(2) "Council" means the Transportation Council established pursuant to section 2 of this act.
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22+Sec. 2. (NEW) (Effective October 1, 2017) (a) There is established a Transportation Council, which shall be part of the Executive Department.
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1124 (b) The council shall consist of the following members:
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1326 (1) One appointed by the speaker of the House of Representatives;
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1528 (2) One appointed by the president pro tempore of the Senate;
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1730 (3) One appointed by the majority leader of the House of Representatives;
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1932 (4) One appointed by the majority leader of the Senate;
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2134 (5) One appointed by the minority leader of the House of Representatives;
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2336 (6) One appointed by the minority leader of the Senate;
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25-(7) The Secretary of the Office of Policy and Management, or the secretary's designee;
38+(7) The Commissioner of Transportation;
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27-(8) The Commissioner of Economic and Community Development, or the commissioner's designee;
40+(8) The Commissioner of Economic and Community Development;
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29-(9) The Commissioner of Energy and Environmental Protection, or the commissioner's designee;
42+(9) The Commissioner of Energy and Environmental Protection;
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31-(10) The Commissioner of Housing, or the commissioner's designee;
44+(10) The Commissioner of Housing; and
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33-(11) The State Treasurer, or the Treasurer's designee; and
46+(11) The Comptroller.
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35-(12) Two appointed by the Governor.
48+(c) Any member of the council appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
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37-(c) The council shall consist of the following ex-officio, nonvoting members: (1) The Commissioner of Transportation, or the commissioner's designee, and (2) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation.
50+(d) All initial appointments to the council shall be made not later than December 1, 2017. Any vacancy shall be filled by the appointing authority.
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39-(d) Any member of the council appointed under subdivisions (1) to (6), inclusive, of subsection (b) of this section may be a member of the General Assembly.
52+(e) The Commissioner of Transportation shall serve as the chairperson of the council. The chairperson shall schedule the first meeting of the council, which shall be held not later than February 1, 2018.
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41-(e) All initial appointments to the council shall be made not later than December 1, 2017.
54+(f) The council shall be within the Department of Transportation for administrative purposes only.
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43-(f) The Secretary of the Office of Policy and Management, or the secretary's designee, shall serve as the chairperson of the council. Such chairperson shall schedule the first meeting of the council, which shall be held not later than February 1, 2018.
56+(g) The terms of the appointed members of the council shall be coterminous with the terms of the appointing authority for each member and subject to the provisions of section 4-1a of the general statutes. Any vacancy on the council shall be filled by the appointing authority.
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45-(g) The council shall be within the Office of Policy and Management for administrative purposes only.
58+(h) A majority of the council shall constitute a quorum for the transaction of any business.
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47-(h) The terms of the appointed members of the council shall be coterminous with the terms of the appointing authority for each member and subject to the provisions of section 4-1a of the general statutes. Any vacancy on the council shall be filled by the appointing authority.
60+(i) The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.
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49-(i) Three-fourths of the voting members of the council shall constitute a quorum for the transaction of any business.
62+(j) The council shall have the following powers and duties:
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51-(j) The members of the council shall serve without compensation, but shall, within available appropriations, be reimbursed for expenses necessarily incurred in the performance of their duties.
64+(1) To develop and revise biennially a comprehensive four year transportation plan for the state. Such plan shall include specific transportation projects and be designed to fulfill the present and future needs of the state and assure the development and maintenance of an adequate, safe and efficient transportation system. Such council shall give particular consideration to promoting economic development and transit-oriented development. In developing and revising such plan, the council shall hold at least one public hearing. Such plan and any revisions to such plan shall become effective when approved by a majority of the council;
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53-(k) The council shall have the following powers and duties:
66+(2) To obtain from any executive department, board, commission or other agency of the state such assistance and data as necessary and available to carry out the purposes of this section; and
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55-(1) To develop and recommend policies for improving transportation planning and the selection of transportation projects;
68+(3) To perform such other acts as may be necessary and appropriate to carry out the duties described in this section.
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57-(2) To review the five-year transportation capital plan for the state developed annually by the Department of Transportation, examine the impact of such plan on the present and future transportation needs of the state and evaluate whether such plan assures the development and maintenance of an adequate, safe and efficient transportation system;
70+(k) The council shall meet at least six times per year and at such other times as the chairperson or a majority of the council deem necessary. Any appointed member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the council.
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59-(3) To conduct a public hearing annually on the five-year transportation capital plan for the state and seek testimony from metropolitan planning organizations, as defined in 23 USC 134, as amended from time to time, regarding transportation projects to be conducted or being conducted within the boundaries of their respective metropolitan planning areas;
72+(l) The council may establish no more than two advisory committees at any one time to advise the council in carrying out its duties. Such advisory committee shall be composed of transportation professionals, advocates and other interested stakeholders, and shall terminate within sixty days of its commencement. The council may request opinions from such advisory committee regarding any transportation project.
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61-(4) To advise the Commissioner of Transportation on policies and procedures to promote economic development, transit-oriented development, housing development, access to employment, environmental protection and the specific needs of geographic areas of the state;
74+(m) The council may enter into contractual agreements as may be necessary for the discharge of its duties, within the limits of its appropriated funds and in accordance with established procedures.
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63-(5) To review the assessment of transportation projects prepared and submitted pursuant to subsection (e) of section 2 of this act;
76+Sec. 3. (NEW) (Effective October 1, 2017) (a) The joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding may not propose legislation to implement or fund transportation projects, unless such transportation projects are included in the plan approved by the council pursuant to section 2 of this act.
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65-(6) To obtain from any executive department, board, commission or other agency of the state such assistance and data as necessary and available to carry out the purposes of this section; and
78+(b) The General Assembly may not authorize bonds of the state or appropriate funds for transportation projects, unless such transportation projects are included in the plan approved by the council pursuant to section 2 of this act.
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67-(7) To perform such other acts as may be necessary and appropriate to carry out the duties described in this section.
80+Sec. 4. Subsection (a) of section 4-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
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69-(l) The council may establish committees at any time to advise the council in carrying out its duties. Each committee shall be composed of transportation professionals, advocates and other interested stakeholders.
82+(a) The Governor shall appoint the chairperson and executive director, if any, of all boards and commissions within the Executive Department, except the State Properties Review Board, the State Elections Enforcement Commission, the Commission on Human Rights and Opportunities, the Commission on Fire Prevention and Control, [and] the Citizen's Ethics Advisory Board and the Transportation Council.
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71-(m) Not later than January 1, 2019, and annually thereafter, the council shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report on its activities to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding.
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73-Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this section, "transportation project" means any transportation planning or capital project undertaken by the state on or after July 1, 2018, that expands capacity on a limited access highway, transit or railroad system or parking facility or is estimated to cost one hundred fifty million dollars or more.
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75-(b) The Commissioner of Transportation, in consultation with the Commissioners of Economic and Community Development, Housing and Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, shall develop a method to assess each transportation project to determine the impact of such transportation project on economic development, transit-oriented development, housing development, access to employment, the environment, traffic congestion and public safety.
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77-(c) On or before February 1, 2018, the commissioner shall submit, in accordance with section 11-4a of the general statutes, such assessment method to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Not later than sixty days after the receipt of such assessment method, said committee shall meet to approve or reject such assessment method and advise the commissioner of said committee's approval or rejection. If said committee fails to approve or reject such assessment method within sixty days of such receipt, such assessment method shall be deemed approved. Such assessment method shall become effective when approved by an affirmative vote of said committee or deemed approved. In the event that such assessment method is rejected, such assessment method shall be returned to the commissioner for revisions and resubmitted to said committee not later than thirty days after such rejection.
87+This act shall take effect as follows and shall amend the following sections:
88+Section 1 October 1, 2017 New section
89+Sec. 2 October 1, 2017 New section
90+Sec. 3 October 1, 2017 New section
91+Sec. 4 October 1, 2017 4-9a(a)
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79-(d) On and after July 1, 2018, the commissioner shall assess each transportation project using the assessment method approved pursuant to subsection (c) of this section. The commissioner shall not include a transportation project in the Department of Transportation's five-year transportation capital plan for the state unless the assessment of such transportation project is completed.
93+This act shall take effect as follows and shall amend the following sections:
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81-(e) The commissioner shall submit the assessment of each transportation project to the Transportation Policy Advisory Council established pursuant to section 1 of this act and post such assessments on the Department of Transportation's Internet web site.
95+Section 1
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83-(f) The Department of Transportation shall not submit a request for appropriations or authorization of bonds for a transportation project to the General Assembly unless the commissioner has submitted the assessment of such transportation project pursuant to subsection (e) of this section. The provisions of this subsection do not apply to a transportation project undertaken by the department provided the commissioner finds such project is necessary to maintain the state's transportation infrastructure in good repair and such project does not add capacity to a limited access highway, transit or railroad system or parking facility and is estimated to cost less than one hundred fifty million dollars.
97+October 1, 2017
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85-(g) On or before January 1, 2019, and annually thereafter, the commissioner shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, on the assessments of transportation projects completed in the previous calendar year.
99+New section
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87-Sec. 3. Subsection (a) of section 4-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
101+Sec. 2
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89-(a) The Governor shall appoint the chairperson and executive director, if any, of all boards and commissions within the Executive Department, except the State Properties Review Board, the State Elections Enforcement Commission, the Commission on Human Rights and Opportunities, the Commission on Fire Prevention and Control, [and] the Citizen's Ethics Advisory Board and the Transportation Policy Advisory Council.
103+October 1, 2017
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105+New section
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107+Sec. 3
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109+October 1, 2017
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111+New section
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113+Sec. 4
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115+October 1, 2017
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117+4-9a(a)
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119+Statement of Legislative Commissioners:
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121+In Section 2(e), "2017" was changed to "2018" for accuracy.
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125+TRA Joint Favorable Subst.
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127+TRA
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129+Joint Favorable Subst.