Connecticut 2019 Regular Session

Connecticut House Bill HB07202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-~~R02~~-
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-R01-
4	4		HB.docx
5	5		1 of 8
6	6
7	7		General Assembly Substitute Bill No. 7202
8	8		January Session, 2019
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT CONCERNING TH E SUSTAINABILITY OF CONNECTICUT'S
15	15		TRANSPORTATION INFRASTRUCTURE.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (NEW) (Effective from passage) As used in this section and 1
20	20		sections 2 to 7, inclusive, of this act: 2
21	21		(1) "Electronic tolling system" means an electronic system for 3
22	22		recording, monitoring, collecting and paying for tolls on the highways 4
23	23		of this state, including, but not limited to, video toll transaction 5
24	24		systems, transponders or other electronic transaction or payment 6
25	25		technology or devices; 7
26	26		(2) "Department" means the Department of Transportation; and 8
27	27		(3) "Toll operator" means a private entity that operates an electronic 9
28	28		tolling system pursuant to an agreement with the department and 10
29	29		whose duties may include, but need not be limited to, collecting tolls, 11
30	30		administrative charges and penalties. 12
31	31		Sec. 2. (NEW) (Effective from passage) (a) The department may 13
32	32		construct, maintain and operate electronic tolling systems on Interstate 14
33	33		Route 84, Interstate Route 91, Interstate Route 95 and portions of 15
34	34		Connecticut Route 15. The department may enter into an agreement 16
35	35		with a toll operator to operate such systems. 17 Substitute Bill No. 7202
36	36
37	37
38	38		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
39		-	~~R02~~-HB.docx }
	39	+	R01-HB.docx }
40	40		2 of 8
41	41
42	42		(b) To carry out its duties and responsibilities under this section and 18
43	43		sections 3 to 6, inclusive, of this act, and any regulations adopted 19
44	44		under section 7 of this act, the department may enter into tolling 20
45	45		agreements with the Federal Highway Administration and 21
46	46		coordination agreements, intergovernmental agreements or other 22
47	47		implementation agreements with any other federal, state or municipal 23
48	48		entity or agency. 24
49	49		(c) The department may procure, retain and expend funds for 25
50	50		technical, traffic, revenue and financial consultants, attorneys and 26
51	51		other consultants and experts to assist in the developme nt, 27
52	52		implementation, maintenance and operation of electronic tolling 28
53	53		systems. 29
54	54		(d) The department may procure, retain and expend funds for toll 30
55	55		operators, vendors, suppliers, designers, engineers, software 31
56	56		designers, installers, contractors, maintenance personnel, customer 32
57	57		service personnel and other equipment, materials, personnel and 33
58	58		services for the development, implementation, maintenance and 34
59	59		operation of electronic tolling systems and for the collection and 35
60	60		enforcement of tolls. 36
61	61		(e) The department may enter into agreements for the provision of 37
62	62		any service specified in subsections (c) and (d) of this section, or any 38
63	63		combination thereof, pursuant to an open, competitive process. 39
64	64		(f) (1) The department and the Department of Motor Vehicles, either 40
65	65		jointly or separately, may enter into reciprocal agreements with other 41
66	66		states, jurisdictions and operators of toll facilities in other states to 42
67	67		obtain and share any toll operator information regarding an out-of-43
68	68		state registered owner of a vehicle that has used a tolled highway, 44
69	69		including the make of the motor vehicle, the motor vehicle's number 45
70	70		plate and the name and address of the registered owner of the motor 46
71	71		vehicle. 47
72	72		(2) The department and the Department of Motor Vehicles, either 48 Substitute Bill No. 7202
73	73
74	74
75	75		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
76		-	~~R02~~-HB.docx }
	76	+	R01-HB.docx }
77	77		3 of 8
78	78
79	79		jointly or separately, may enter into, or authorize a toll operator on 49
80	80		behalf of the departments to enter into, reciprocal agreements with 50
81	81		other states, jurisdictions and operators of toll facilities in other states 51
82	82		for the efficient collection of tolls incurred by residents of states other 52
83	83		than this state. 53
84	84		(3) The department and the Department of Emergency Services and 54
85	85		Public Protection may enter into an agreement for the provision of law 55
86	86		enforcement assistance by the state police on tolled highways that are 56
87	87		not otherwise provided by the state police on state roads and 57
88	88		highways. All law enforcement officers of the state and any political 58
89	89		subdivision of the state shall have the same powers within the limits of 59
90	90		a tolled highway as such officers have in their respective areas of 60
91	91		jurisdiction, including the roads and highways of this state. 61
92	92		Sec. 3. (NEW) (Effective from passage) (a) The department may charge, 62
93	93		collect, retain, fix and change the amount of all tolls for transit over or 63
94	94		use of the highways specified in subsection (a) of section 2 of this act. 64
95	95		(b) Toll amounts shall be fixed and changed by the department, so 65
96	96		as to provide, at a minimum, funding that is sufficient to: (1) Pay costs 66
97	97		related to tolled highways in this state, including, but not limited to, 67
98	98		the cost of owning, maintaining, repairing, reconstructing, improving, 68
99	99		rehabilitating, using, administering, controlling and operating such 69
100	100		highways; (2) pay the principal of, redemption premium, if any, and 70
101	101		interest on notes or bonds relating to tolled highways, as such 71
102	102		principal, premium or interest become due and payable; and (3) create 72
103	103		and maintain reserves established for any of the department's highway 73
104	104		and bridge responsibilities under titles 13a and 13b of the general 74
105	105		statutes for the operation and maintenance of tolled highways. Such 75
106	106		sufficiency of funding may take into account the availability of funds 76
107	107		from other sources. 77
108	108		(c) Prior to commencing construction of an electronic tolling system 78
109	109		on any highway, or portion thereof, of this state, the department shall 79
110	110		hold at least one public informational meeting in the general vicinity of 80 Substitute Bill No. 7202
111	111
112	112
113	113		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
114		-	~~R02~~-HB.docx }
	114	+	R01-HB.docx }
115	115		4 of 8
116	116
117	117		the proposed toll corridor to receive comments on the proposed toll, 81
118	118		methodology for fixing and changing the tolls and user classifications. 82
119	119		(d) The department shall place and maintain signs in advance of any 83
120	120		tolled highways to notify motor vehicle operators (1) that a toll will be 84
121	121		charged on such highway, and (2) how to pay such toll. 85
122	122		(e) All revenues received by the department from tolls and the 86
123	123		imposition of civil penalties associated with toll nonpayment, toll 87
124	124		evasion or other toll-related violations shall be deposited into the 88
125	125		Special Transportation Fund, established pursuant to section 13b-68 of 89
126	126		the general statutes and maintained pursuant to article thirty-second of 90
127	127		the amendments to the Constitution of the state, and shall not be 91
128	128		commingled with other funds and revenues. Such revenues shall be 92
129	129		expended only for the purposes and subject to the provisions of 23 93
130	130		USC 129(a)(3), as amended from time to time. 94
131	131		(f) Tolls shall not be subject to and shall be exempt from taxation of 95
132	132		every kind by the state and by the municipalities and all other political 96
133	133		subdivisions or special districts having taxing powers in the state. 97
134	134		Sec. 4. (NEW) (Effective from passage) Any electronic tolling system 98
135	135		operated by the department or a toll operator shall be interoperable 99
136	136		with all other electronic tolling systems in this state and shall comply 100
137	137		with all state and federal interoperability requirements and standards. 101
138	138		Such tolling system interoperability shall extend to system technology 102
139	139		and the transfer of funds. The Commissioners of Transportation and 103
140	140		Motor Vehicles, in consultation with the Commissioner of 104
141	141		Administrative Services, shall ensure the coordination and 105
142	142		compatibility of information system technology and data of any 106
143	143		electronic tolling system. The provisions of chapters 58 and 61 of the 107
144	144		general statutes shall not apply to this section. 108
145	145		Sec. 5. (NEW) (Effective from passage) (a) Except as provided in 109
146	146		subsection (b) of this section, neither the department nor any toll 110
147	147		operator shall sell or use any toll customer information or other data 111 Substitute Bill No. 7202
148	148
149	149
150	150		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
151		-	~~R02~~-HB.docx }
	151	+	R01-HB.docx }
152	152		5 of 8
153	153
154	154		for commercial purposes unrelated to the charging, collection and 112
155	155		enforcement of tolls, administrative fees and penalties. 113
156	156		(b) The department may release toll customer information and other 114
157	157		data that does not directly or indirectly identify a toll customer for 115
158	158		research purposes authorized by the department. 116
159	159		(c) (1) Except as required by applicable law or in connection with an 117
160	160		administrative or court proceeding, all information that specifically 118
161	161		identifies a toll customer and relates to a specific tolling transaction 119
162	162		shall be destroyed not later than one year after the later of the tolling 120
163	163		transaction or the collection of the toll, whether through normal 121
164	164		processes or enforcement. 122
165	165		(2) Except as required by applicable law or in connection with an 123
166	166		administrative or court proceeding, all information relating to a toll 124
167	167		customer account that specifically identifies a toll customer shall be 125
168	168		destroyed not later than one year after the collection of all tolls and 126
169	169		fees incurred by such toll customer, whether through normal 127
170	170		processes, enforcement or closing of such account. 128
171	171		(d) Toll customer information and data shall not be deemed a public 129
172	172		record, as defined in section 1-200 of the general statutes. 130
173	173		(e) Toll operators shall be subject to the provisions of chapter 62a of 131
174	174		the general statutes. 132
175	175		Sec. 6. (NEW) (Effective from passage) (a) Any person who contests 133
176	176		the amount of a toll or an associated charge shall be afforded an 134
177	177		opportunity for a hearing with the department in accordance with the 135
178	178		provisions of chapter 54 of the general statutes. 136
179	179		(b) The department, after notice and hearing, may impose a civil 137
180	180		penalty of not more than twenty-five dollars for a first violation, not 138
181	181		more than fifty dollars for a second violation and not more than one 139
182	182		hundred dollars for a third violation of a provision of the regulations 140
183	183		adopted pursuant to section 7 of this act on any of the following 141 Substitute Bill No. 7202
184	184
185	185
186	186		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
187		-	~~R02~~-HB.docx }
	187	+	R01-HB.docx }
188	188		6 of 8
189	189
190	190		persons with respect to toll nonpayment, toll evasion or related fees: 142
191	191		(1) The operator of a motor vehicle on a tolled highway; (2) the 143
192	192		registered owner of a motor vehicle operated on a tolled highway, if 144
193	193		other than the operator, if such vehicle was used or operated with the 145
194	194		express or implied permission of the registered owner at the time of 146
195	195		the tolling transaction; (3) the lessee of a motor vehicle operated on a 147
196	196		tolled highway, if other than the operator, if such vehicle was used or 148
197	197		operated with the express or implied permission of the lessee at the 149
198	198		time of the tolling transaction; and (4) the lessor of a motor vehicle 150
199	199		operated on a tolled highway. 151
200	200		(c) A copy of the motor vehicle rental agreement, lease, other 152
201	201		contract document or affidavit identifying the lessee of the motor 153
202	202		vehicle at the time of the tolling transaction shall be prima facie 154
203	203		evidence that the person named in the rental agreement, lease, other 155
204	204		contract document or affidavit was operating the motor vehicle at all 156
205	205		relevant times relating to the tolling transaction. A lessor shall 157
206	206		cooperate with the department or the toll operator, as the case may be, 158
207	207		in providing the department or toll operator any reques ted 159
208	208		information concerning the lessee contained in the lessor's record. 160
209	209		(d) The Department of Motor Vehicles shall provide the Department 161
210	210		of Transportation and any toll operator with the information necessary 162
211	211		to collect tolls and enforce penalties for toll nonpayment, toll evasion 163
212	212		or other toll-related violations, including, but not limited to, 164
213	213		information regarding the registered owner of a motor vehicle that was 165
214	214		operated on a tolled highway and the make of the motor vehicle, the 166
215	215		motor vehicle's number plate and the name and address of the 167
216	216		registered owner of the motor vehicle. 168
217	217		Sec. 7. (NEW) (Effective from passage) (a) The Commissioner of 169
218	218		Transportation shall adopt regulations, in accordance with the 170
219	219		provisions of chapter 54 of the general statutes, to implement the 171
220	220		provisions of sections 2 to 6, inclusive, of this act. Such regulations 172
221	221		may include, but need not be limited to: (1) Establishment of variable 173
222	222		toll rates that take into consideration the day of the week and level of 174 Substitute Bill No. 7202
223	223
224	224
225	225		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
226		-	~~R02~~-HB.docx }
	226	+	R01-HB.docx }
227	227		7 of 8
228	228
229	229		congestion or anticipated congestion; (2) establishment of different fees 175
230	230		based on the type of vehicle classification, size, weight, number of 176
231	231		axles or vehicle occupancy; (3) establishment of discounts and credits 177
232	232		to a toll customer account for persons with a transponder or similar 178
233	233		technology issued by the department or a toll operator; (4) exemptions 179
234	234		for certain types of motor vehicles, including, but not limited to, high-180
235	235		occupancy vehicles, motor vehicles leased or owned by the state, 181
236	236		motor vehicles used by a law enforcement unit, firefighter or a 182
237	237		member of an emergency medical service organization and motor 183
238	238		vehicles used to provide public transit services; (5) the imposition of 184
239	239		surcharges, premiums or additional fees for designated users or classes 185
240	240		of users of a tolled highway who travel on such highway without a 186
241	241		transponder or similar technology issued by the department or a toll 187
242	242		operator; (6) the imposition of administrative charges and penalties for 188
243	243		the late payment of tolls and toll evasion, which shall be not more than 189
244	244		twenty-five dollars for a first violation, not more than fifty dollars for a 190
245	245		second violation and not more than one hundred dollars for a third 191
246	246		violation; (7) provisions to protect and appropriately limit access to toll 192
247	247		customer information and other data collected, received, maintained, 193
248	248		archived, accessed and disclosed by the department; and (8) the 194
249	249		manner in which a transponder or similar device shall be located in or 195
250	250		on a motor vehicle entering an electronic tolling system if such system 196
251	251		uses a transponder or similar device. 197
252	252		(b) The Commissioner of Motor Vehicles, in consultation with the 198
253	253		Commissioner of Transportation, shall adopt regulations, in 199
254	254		accordance with the provisions of chapter 54 of the general statutes, to 200
255	255		implement the provisions of sections 2 to 6, inclusive, of this act. Such 201
256	256		regulations shall include restrictions on issuing a registration to the 202
257	257		owner of a motor vehicle who owes tolls for transit over or use of a 203
258	258		tolled highway or owes administrative charges or penalties for the late 204
259	259		payment of tolls or toll evasion. 205 Substitute Bill No. 7202
260	260
261	261
262	262		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07202-
263		-	~~R02~~-HB.docx }
	263	+	R01-HB.docx }
264	264		8 of 8
265	265
266	266		This act shall take effect as follows and shall amend the following
267	267		sections:
268	268
269	269		Section 1 from passage New section
270	270		Sec. 2 from passage New section
271	271		Sec. 3 from passage New section
272	272		Sec. 4 from passage New section
273	273		Sec. 5 from passage New section
274	274		Sec. 6 from passage New section
275	275		Sec. 7 from passage New section
276	276
	277	+	Statement of Legislative Commissioners:
	278	+	In Section 2(a), "Route" was added for accuracy, in Section 4(e),
	279	+	"section 19 of article third of" was changed to "maintained pursuant to
	280	+	article thirty-second of the amendments to" for accuracy, and in
	281	+	Section 6(d), "number" was substituted for "license" for consistency.
277	282
278	283		TRA Joint Favorable Subst. -LCO
279		-	FIN Joint Favorable
280	284