Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07280 Introduced / Bill

Filed 02/27/2019

                        
 
 
 
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General Assembly  Raised Bill No. 7280  
January Session, 2019  
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Referred to Committee on TRANSPORTATION  
 
 
Introduced by:  
(TRA)  
 
 
 
 
AN ACT CONCERNING SU PPORT FOR TRANSPORTATION 
INFRASTRUCTURE AND T HE CREATION OF THE CONNECTICUT 
TRANSPORTATION FINAN CE AUTHORITY. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) As used in this section and 1 
sections 2 to 8, inclusive, of this act: 2 
(1) "Electronic tolling system" means an electronic system for 3 
recording, monitoring, collecting and paying for tolls on the highways 4 
of this state, including, but not limited to, video toll transaction 5 
systems, transponders or other electronic transaction or payment 6 
technology or devices; 7 
(2) "Department" means the Department of Transportation; and 8 
(3) "Toll operator" means a private entity that operates an electronic 9 
tolling system pursuant to an agreement with the department and 10 
whose duties may include, but need not be limited to, collecting tolls, 11 
administrative charges and penalties. 12  Raised Bill No.  7280 
 
 
 
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Sec. 2. (NEW) (Effective from passage) (a) (1) The Commissioner of 13 
Transportation shall (A) conduct studies and satisfy other 14 
requirements pursuant to the National Environmental Policy Act and 15 
other provisions of applicable federal law for the purposes of 16 
developing electronic tolling systems on the highways of this state, (B) 17 
procure a program manager and other consultants or experts as 18 
needed to assist in the development of the electronic tolling systems, 19 
and (C) prepare a tolling proposal that (i) implements electronic tolling 20 
systems on Interstate 84, Interstate 91, Interstate 95 and portions of 21 
Connecticut Route 15, (ii) may include implementing electronic tolling 22 
systems on any other limited access highway, or portions thereof, if the 23 
commissioner determines such implementation is necessary and 24 
provides the rationale for such implementation, (iii) identifies the 25 
specific locations where the proposed tolls may be located, the toll 26 
amounts that may be charged, including the use of value pricing and 27 
discounts, if any, and the time periods for peak and off-peak travel, 28 
and (iv) estimates the capital and operating costs associated with the 29 
electronic tolling systems. 30 
(2) In developing a tolling proposal, the commissioner shall 31 
consider: (A) A phase-in for the operation of any electronic tolling 32 
system; (B) discounts, income tax credits and credits to a toll customer 33 
account for (i) persons who are residents of this state, (ii) persons with 34 
a transponder or similar device issued by the department or a toll 35 
operator, (iii) frequent users of a tolled highway, (iv) persons of low 36 
income, and (v) high-occupancy vehicles; and (C) in consultation with 37 
the Commissioner of Economic and Community Development, ways 38 
to assist small businesses impacted by the implementation of tolls. 39 
(b) (1) The commissioner shall file the tolling proposal with the 40 
clerks of the House of Representatives and the Senate. If the tolling 41 
proposal is filed when the General Assembly is in regular session, the 42 
joint standing committee of the General Assembly having cognizance 43 
of matters relating to transportation shall hold an informational 44 
hearing regarding the tolling proposal not later than ten days after 45 
such filing. If the tolling proposal is filed when the General Assembly 46  Raised Bill No.  7280 
 
 
 
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is not in session, the joint standing committee of the General Assembly 47 
having cognizance of matters relating to transportation shall hold an 48 
informational hearing regarding the tolling proposal not later than ten 49 
days after the first day of the next regular session. The committee shall 50 
receive comments from members of the public during the 51 
informational hearing.  52 
(2) Not later than fifteen days after the joint standing committee of 53 
the General Assembly having cognizance of matters relating to 54 
transportation holds an informational hearing regarding the tolling 55 
proposal, the General Assembly shall vote to approve or reject the 56 
tolling proposal. The tolling proposal shall be approved in whole by a 57 
majority vote of each house or rejected by a majority vote in either 58 
house. If both houses fail to vote during such fifteen-day period, the 59 
tolling proposal shall be deemed approved by the General Assembly. 60 
Such fifteen-day period shall not expire unless the General Assembly is 61 
in regular session. If the regular session adjourns prior to such fifteenth 62 
day and the tolling proposal has not been acted upon, the tolling 63 
proposal shall be deemed filed on the first day of the next regular 64 
session.  65 
(c) If the General Assembly rejects the tolling proposal, the 66 
commissioner may revise the tolling proposal. Any such revised 67 
tolling proposal shall be submitted to the clerks of the House of 68 
Representatives and the Senate and subject to an informational hearing 69 
and approval or rejection by the General Assembly in the same manner 70 
as described in subsection (b) of this section. 71 
(d) If the tolling proposal is approved or deemed approved by the 72 
General Assembly in accordance with this section, the commissioner 73 
shall submit the tolling proposal to the Federal Highway 74 
Administration. In no event shall the commissioner submit a tolling 75 
proposal to the Federal Highway Administration unless the tolling 76 
proposal has been approved or deemed approved by the General 77 
Assembly.  78  Raised Bill No.  7280 
 
 
 
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Sec. 3. (NEW) (Effective from passage) (a) After a tolling proposal to 79 
implement electronic tolling systems has been approved or deemed 80 
approved by the General Assembly pursuant to section 2 of this act, 81 
the department may construct, maintain and operate electronic tolling 82 
systems on Interstate 84, Interstate 91, Interstate 95 and portions of 83 
Connecticut Route 15 in accordance with such proposal. The 84 
department may enter into an agreement with a toll operator to 85 
operate such systems. 86 
(b) To carry out its duties and responsibilities under this section and 87 
sections 4 to 7, inclusive, of this act, and any regulations adopted 88 
under section 8 of this act, the department may enter into tolling 89 
agreements with the Federal Highway Administration and 90 
coordination agreements, intergovernmental agreements or other 91 
implementation agreements with any other federal, state or municipal 92 
entity or agency.  93 
(c) The department may procure, retain and expend funds for 94 
technical, traffic, revenue and financial consultants, attorneys and 95 
other consultants and experts to assist in the development, 96 
implementation, maintenance and operation of electronic tolling 97 
systems.  98 
(d) The department may procure, retain and expend funds for toll 99 
operators, vendors, suppliers, designers, engineers, software 100 
designers, installers, contractors, maintenance personnel, customer 101 
service personnel and other equipment, materials, personnel and 102 
services for the development, implementation, maintenance and 103 
operation of electronic tolling systems and for the collection and 104 
enforcement of tolls.  105 
(e) The department may enter into agreements for the provision of 106 
any service specified in subsections (c) and (d) of this section, or any 107 
combination thereof, pursuant to an open, competitive process.  108 
(f) (1) The department and the Department of Motor Vehicles, either 109 
jointly or separately, may enter into reciprocal agreements with other 110  Raised Bill No.  7280 
 
 
 
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states, jurisdictions and operators of toll facilities in other states to 111 
obtain and share any toll operator information regarding an out-of-112 
state registered owner of a vehicle that has used a tolled highway, 113 
including the make of the motor vehicle, the motor vehicle's number 114 
plate and the name and address of the registered owner of the motor 115 
vehicle. 116 
(2) The department and the Department of Motor Vehicles may 117 
enter into, or authorize a toll operator on behalf of the departments to 118 
enter into, reciprocal agreements with other states, jurisdictions and 119 
operators of toll facilities in other states for the efficient collection of 120 
tolls incurred by residents of states other than this state. 121 
Sec. 4. (NEW) (Effective from passage) (a) After a tolling proposal to 122 
implement electronic tolling systems has been approved or deemed 123 
approved by the General Assembly pursuant to section 2 of this act, 124 
the department may collect the amount of all tolls for transit over or 125 
use of the highways specified in such proposal.  126 
(b) Prior to commencing construction of an electronic tolling system 127 
on any highway, or portion thereof, of this state, the department shall 128 
hold at least one public informational meeting in the general vicinity of 129 
the proposed toll corridor to receive comments on the proposed toll. 130 
(c) The department shall place and maintain signs in advance of any 131 
tolled highways to notify motor vehicle operators (1) that a toll will be 132 
charged on such highway, and (2) how to pay such toll. 133 
(d) All revenues received by the department from tolls and the 134 
imposition of civil penalties associated with toll nonpayment, toll 135 
evasion or other toll-related violations shall be deposited into the 136 
Special Transportation Fund, established pursuant to section 13b-68 of 137 
the general statutes and section 19 of article third of the Constitution of 138 
the state, and shall not be commingled with other funds and revenues. 139 
Such revenues shall be expended only for the purposes and subject to 140 
the provisions of 23 USC 129(a)(3), as amended from time to time. 141  Raised Bill No.  7280 
 
 
 
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(e) Tolls shall not be subject to and shall be exempt from taxation of 142 
every kind by the state and by the municipalities and all other political 143 
subdivisions or special districts having taxing powers in the state. 144 
Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 145 
operated by the department or a toll operator shall be interoperable 146 
with all other electronic tolling systems in this state and shall comply 147 
with all state and federal interoperability requirements and standards. 148 
Such tolling system interoperability shall extend to system technology 149 
and the transfer of funds. The Commissioners of Transportation and 150 
Motor Vehicles, in consultation with the Commissioner of 151 
Administrative Services, shall ensure the coordination and 152 
compatibility of information system technology and data of any 153 
electronic tolling system. The provisions of chapters 58 and 61 of the 154 
general statutes shall not apply to this section. 155 
Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 156 
subsection (b) of this section, neither the department nor any toll 157 
operator shall sell or use any toll customer information or other data 158 
for commercial purposes unrelated to the charging, collection and 159 
enforcement of tolls, administrative fees and penalties.  160 
(b) The department may release toll customer information and other 161 
data that does not directly or indirectly identify a toll customer for 162 
research purposes authorized by the department. 163 
(c) (1) Except as required by applicable law or in connection with an 164 
administrative or court proceeding, all information that specifically 165 
identifies a toll customer and relates to a specific tolling transaction 166 
shall be destroyed not later than one year after the later of the tolling 167 
transaction or the collection of the toll, whether through normal 168 
processes or enforcement.  169 
(2) Except as required by applicable law or in connection with an 170 
administrative or court proceeding, all information relating to a toll 171 
customer account that specifically identifies a toll customer shall be 172 
destroyed not later than one year after the collection of all tolls and 173  Raised Bill No.  7280 
 
 
 
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fees incurred by such toll customer, whether through normal 174 
processes, enforcement or closing of such account. 175 
(d) Toll customer information and data shall not be deemed a public 176 
record, as defined in section 1-200 of the general statutes.  177 
(e) Toll operators shall be subject to the provisions of chapter 62a of 178 
the general statutes. 179 
Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 180 
the amount of a toll or an associated charge shall be afforded an 181 
opportunity for a hearing with the department in accordance with the 182 
provisions of chapter 54 of the general statutes. 183 
(b) The department, after notice and hearing, may impose a civil 184 
penalty of not more than twenty-five dollars for a first violation, not 185 
more than fifty dollars for a second violation and not more than one 186 
hundred dollars for a third or subsequent violation of a provision of 187 
the regulations adopted pursuant to section 8 of this act on any of the 188 
following persons with respect to toll nonpayment, toll evasion or 189 
related fees: (1) The operator of a motor vehicle on a tolled highway; 190 
(2) the registered owner of a motor vehicle operated on a tolled 191 
highway, if other than the operator, if such vehicle was used or 192 
operated with the express or implied permission of the registered 193 
owner at the time of the tolling transaction; (3) the lessee of a motor 194 
vehicle operated on a tolled highway, if other than the operator, if such 195 
vehicle was used or operated with the express or implied permission 196 
of the lessee at the time of the tolling transaction; and (4) the lessor of a 197 
motor vehicle operated on a tolled highway.  198 
(c) A copy of the motor vehicle rental agreement, lease, other 199 
contract document or affidavit identifying the lessee of the motor 200 
vehicle at the time of the tolling transaction shall be prima facie 201 
evidence that the person named in the rental agreement, lease, other 202 
contract document or affidavit was operating the motor vehicle at all 203 
relevant times relating to the tolling transaction. A lessor shall 204 
cooperate with the department or the toll operator, as the case may be, 205  Raised Bill No.  7280 
 
 
 
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in providing the department or toll operator any requested 206 
information concerning the lessee contained in the lessor's record. 207 
(d) The Department of Motor Vehicles shall provide the Department 208 
of Transportation and any toll operator with the information necessary 209 
to collect tolls and enforce penalties for toll nonpayment, toll evasion 210 
or other toll-related violations, including, but not limited to, 211 
information regarding the registered owner of a motor vehicle that was 212 
operated on a tolled highway and the make of the motor vehicle, the 213 
motor vehicle's number plate and the name and address of the 214 
registered owner of the motor vehicle.  215 
Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 216 
Transportation shall adopt regulations, in accordance with the 217 
provisions of chapter 54 of the general statutes, to implement the 218 
provisions of sections 3 to 7, inclusive, of this act. Such regulations 219 
may include, but need not be limited to: (1) Provisions to protect and 220 
appropriately limit access to toll customer information and other data 221 
collected, received, maintained, archived, accessed and disclosed by 222 
the department, and (2) the manner in which a transponder or similar 223 
device shall be located in or on a motor vehicle entering an electronic 224 
tolling system if such system uses a transponder or similar device. 225 
(b) The Commissioner of Motor Vehicles, in consultation with the 226 
Commissioner of Transportation, shall adopt regulations, in 227 
accordance with the provisions of chapter 54 of the general statutes, to 228 
implement the provisions of sections 3 to 7, inclusive, of this act. Such 229 
regulations shall include restrictions on issuing a registration to the 230 
owner of a motor vehicle who owes tolls for transit over or use of a 231 
tolled highway or owes administrative charges or penalties for the late 232 
payment of tolls or toll evasion. 233 
Sec. 9. (NEW) (Effective from passage) (a) (1) When the Treasurer 234 
determines the resources of the Special Transportation Fund 235 
established under section 13b-69 of the general statutes exceed three 236 
times the estimated payments of debt service on obligations of the state 237  Raised Bill No.  7280 
 
 
 
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incurred for transportation purposes, the Treasurer shall provide 238 
written notice to the Commissioner of Revenue Services of such 239 
determination.  240 
(2) Not later than fifteen days after the commencement of any 241 
electronic tolling systems on the highways of this state, as defined in 242 
section 1 of this act, the Commissioner of Transportation shall provide 243 
written notice to the Commissioner of Revenue Services of the date of 244 
such commencement. 245 
(b) Notwithstanding the provisions of subdivision (2) of subsection 246 
(a) of section 12-458 of the general statutes and section 12-458h of the 247 
general statutes, on July first after the first full fiscal year that follows 248 
the later of the notices required under subdivisions (1) and (2) of 249 
subsection (a) of this section, and for each of the following four fiscal 250 
years, the amount of the tax imposed by section 12-458 of the general 251 
statutes shall be decreased by one cent. The Commissioner of Revenue 252 
Services shall calculate the applicable tax rate per gallon of fuel, as 253 
defined in section 12-455a of the general statutes, that is sold or used in 254 
this state and notify each distributor, the chairpersons and ranking 255 
members of the joint standing committee of the General Assembly 256 
having cognizance of matters relating to finance, revenue and bonding 257 
and the Secretary of the Office of Policy and Management of the 258 
applicable tax rate for each such fiscal year. 259 
Sec. 10. (NEW) (Effective from passage) (a) There is hereby established 260 
and created a body politic and corporate, constituting a public 261 
instrumentality and political subdivision of the state established and 262 
created for the performance of an essential public and governmental 263 
function, to be known as the Connecticut Transportation Finance 264 
Authority. The authority shall not be construed to be a department, 265 
institution or agency of the state. 266 
(b) The powers of the authority shall be vested in and exercised by a 267 
board of directors, which shall consist of thirteen members, appointed 268 
as follows: Three members of the Senate, one appointed by the 269  Raised Bill No.  7280 
 
 
 
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president pro tempore of the Senate, one appointed by the majority 270 
leader of the Senate and one appointed by the minority leader of the 271 
Senate; three members of the House of Representatives, one appointed 272 
by the speaker of the House of Representatives, one appointed by the 273 
majority leader of the House of Representatives, and one appointed by 274 
the minority leader of the House of Representatives; the 275 
Commissioners of Transportation, Economic and Community 276 
Development, Energy and Environmental Protection and Housing, or 277 
their designees; the State Treasurer, or the Treasurer's designee; and 278 
two members appointed by the Governor who shall serve for a term of 279 
four years. Members of the board who are members of the General 280 
Assembly shall serve for the terms for which they were elected. The 281 
board of directors shall select the chairperson from among the 282 
members of the board, who shall serve for a term of two years. The 283 
board of directors shall select a vice-chairperson from among its 284 
members and such other officers as it deems necessary.  285 
(c) Members of the board of directors, unless otherwise provided, 286 
may not designate a representative to perform in their absence their 287 
respective duties under this section and sections 11 and 12 of this act. 288 
Any vacancy occurring other than by expiration of term shall be filled 289 
in the same manner as the original appointment for the balance of the 290 
unexpired term. The appointing authority for any member may 291 
remove such member for inefficiency, wilful neglect of duty, 292 
misfeasance or malfeasance.  293 
(d) The chairperson shall, with the approval of the members of the 294 
board of directors, appoint an executive director of the authority who 295 
shall be an employee of the authority and paid a salary prescribed by 296 
the members. The executive director shall supervise the administrative 297 
affairs and technical activities of the authority in accordance with the 298 
directives of the board. 299 
(e) Members may engage in private employment, or in a profession 300 
or business, subject to any applicable laws, rules and regulations of the 301 
state regarding official ethics or conflict of interest. 302  Raised Bill No.  7280 
 
 
 
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(f) Seven members of the board of directors of the authority, 303 
provided three such members are members of the General Assembly, 304 
shall constitute a quorum for the transaction of any business or the 305 
exercise of any power of the authority. For the transaction of any 306 
business or the exercise of any power of the authority, and except as 307 
otherwise provided in this section and sections 11 and 12 of this act, 308 
the authority may act by a majority of the members present at any 309 
meeting at which a quorum is in attendance. 310 
(g) The authority shall continue as long as it has bonds or other 311 
obligations outstanding and until its existence is terminated by law, 312 
provided no such termination shall affect any outstanding contractual 313 
obligation of the authority and the state shall succeed to the obligations 314 
of the authority under any contract. Upon the termination of the 315 
existence of the authority, all its rights and properties shall pass to and 316 
be vested in the state of Connecticut.  317 
(h) It shall not constitute a conflict of interest for a trustee, director, 318 
partner or officer of any person, firm or corporation, or any individual 319 
having a financial interest in a person, firm or corporation, to serve as a 320 
member of the board of directors of the authority, provided such 321 
trustee, director, partner, officer or individual shall comply with all 322 
applicable provisions of chapter 10 of the general statutes.  323 
Sec. 11. (NEW) (Effective from passage) (a) The purposes of the 324 
Connecticut Transportation Finance Authority shall be to: 325 
(1) Approve the state-wide transportation improvement plan, the 326 
five-year transportation capital plan for the state and the long-range 327 
transportation plan developed by the Department of Transportation 328 
after evaluating whether such plans assure the development and 329 
maintenance of an adequate, safe and efficient transportation system 330 
that meets the present and future transportation needs of the state and 331 
assessing the impact of such plans on economic development, transit-332 
oriented development, housing development, access to employment, 333 
the environment and the specific needs of the geographic areas of the 334  Raised Bill No.  7280 
 
 
 
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state; 335 
(2) Establish a Connecticut Transportation Infrastructure Bank to 336 
assist in financing transportation infrastructure projects by providing 337 
loans and other financial assistance to public and private entities in 338 
order to improve transportation infrastructure in the state, including, 339 
but not limited to, the acquisition, removal, construction, equipping, 340 
reconstruction, repair, rehabilitation and improvement of, and 341 
acquisition of easements and rights-of-ways with respect to, roadways, 342 
highways, bridges, commuter and freight railways, transit and 343 
intermodal systems, airports and aeronautic facilities, ports, harbors 344 
and navigable waterways; and  345 
(3) After a tolling proposal to implement electronic tolling systems 346 
is approved or deemed approved by the General Assembly pursuant 347 
to section 2 of this act, establish and adjust, as necessary, toll rates for 348 
transit over or use of the highways, of portions thereof, so as to 349 
provide, at a minimum, funding that is sufficient to: (A) Pay costs 350 
related to tolled highways in this state, including, but not limited to, 351 
the cost of owning, maintaining, repairing, reconstructing, improving, 352 
rehabilitating, using, administering, controlling and operating such 353 
highways; (B) pay the principal of, redemption premium, if any, and 354 
interest on notes or bonds relating to tolled highways, as such 355 
principal, premium or interest become due and payable; and (C) create 356 
and maintain reserves established for any of the Department of 357 
Transportation's highway and bridge responsibilities under titles 13a 358 
and 13b of the general statutes for the operation and maintenance of 359 
tolled highways. Such sufficiency of funding may take into account the 360 
availability of funds from other sources. Prior to fixing or adjusting the 361 
amount of tolls for transit over or use of the highways, or portions 362 
thereof, the authority shall hold not less than one public hearing. 363 
(b) For such purposes, the authority is authorized and empowered 364 
to: 365 
(1) Have perpetual succession as a body politic and corporate and to 366  Raised Bill No.  7280 
 
 
 
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adopt bylaws for the regulation of its affairs and the conduct of its 367 
business; 368 
(2) Adopt an official seal and alter the same at pleasure; 369 
(3) Maintain an office at such place or places as it may designate; 370 
(4) Sue and be sued in its own name, and plead and be impleaded; 371 
(5) (A) Employ such assistants, agents and other employees as may 372 
be necessary or desirable who shall be employees, as defined in 373 
subsection (b) of section 5-270 of the general statutes; (B) establish all 374 
necessary or appropriate personnel practices and policies, including 375 
those relating to hiring, promotion, compensation, retirement and 376 
collective bargaining, which shall be in accordance with chapter 68 of 377 
the general statutes, and the authority shall be an employer as defined 378 
in subsection (a) of section 5-270 of the general statutes; and (C) engage 379 
consultants, attorneys and appraisers as may be necessary or desirable 380 
to carry out its purposes in accordance with this section and sections 381 
10, 12 and 13 of this act; 382 
(6) Issue bonds, bond anticipation notes and other obligations of the 383 
authority for any of its corporate purposes, and to fund or refund the 384 
same and provide for the rights of the holders thereof, and to secure 385 
the same by pledge or revenues, notes and mortgages of others;  386 
(7) Receive and accept aid or contributions from any source of 387 
money, property, labor or other things of value, to be held, used and 388 
applied to carry out the purposes of this section and sections 10, 12 and 389 
13 of this act subject to such conditions upon which such grants and 390 
contributions may be made, including, but not limited to, gifts or 391 
grants from any department, agency or instrumentality of the United 392 
States or this state for any purpose consistent with this section and 393 
sections 10, 12 and 13 of this act; 394 
(8) Borrow money for the purpose of obtaining working capital; 395 
(9) Make and enter into all contracts and agreements necessary or 396  Raised Bill No.  7280 
 
 
 
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incidental to the performance of its duties and the execution of its 397 
powers under this section and sections 10, 12 and 13 of this act, 398 
including contracts and agreements for the establishment of the 399 
Connecticut Transportation Infrastructure Bank and for the provision 400 
of professional services as the authority deems necessary, including, 401 
but not limited to, financial consultants, bond counsel, underwriters 402 
and technical specialists;  403 
(10) Acquire, lease, purchase, own, manage, hold and dispose of 404 
personal property, and lease, convey or deal in or enter into 405 
agreements with respect to such property on any terms necessary or 406 
incidental to the carrying out of these purposes; 407 
(11) Invest in, acquire, lease, purchase, own, manage, hold and 408 
dispose of real property and lease, convey or deal in or enter into 409 
agreements with respect to such property on any terms necessary or 410 
incidental to carrying out the purposes of this section and sections 10, 411 
12 and 13 of this act, provided such transactions shall not be subject to 412 
approval, review or regulation by any state agency pursuant to title 4b 413 
of the general statutes or any other provision of the general statutes;  414 
(12) Procure insurance against any liability or loss in connection 415 
with its property and other assets, in such amounts and from such 416 
insurers as it deems desirable and to procure insurance for employees; 417 
(13) Account for and audit funds of the authority and funds of any 418 
recipients of funds from the authority; 419 
(14) Establish advisory committees to assist in accomplishing its 420 
duties under this section and sections 10, 12 and 13 of this act, which 421 
may include one or more members of the board of directors and 422 
persons other than members;  423 
(15) Pursue public-private partnerships for the design, 424 
development, operation or maintenance of transportation systems, 425 
transit-oriented development and related infrastructure; and 426  Raised Bill No.  7280 
 
 
 
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(16) Do all acts and things necessary or convenient to carry out the 427 
purposes of this section and sections 10, 12 and 13 of this act and the 428 
powers expressly granted by said sections.  429 
Sec. 12. (NEW) (Effective from passage) The members of the board of 430 
directors of the Connecticut Transportation Finance Authority shall 431 
adopt written procedures, in accordance with the provisions of section 432 
1-121 of the general statutes, for: (1) Adopting an annual budget and 433 
plan of operations, including a requirement of board approval before 434 
the budget or plan may take effect; (2) hiring, dismissing, promoting 435 
and compensating employees of the authority, including an 436 
affirmative action policy and a requirement of board approval before a 437 
position may be created or a vacancy filled; (3) acquiring real and 438 
personal property and personal services, including a requirement of 439 
board approval for any nonbudgeted expenditure in excess of an 440 
amount to be determined by the board; (4) contracting for financial, 441 
legal, bond underwriting and other professional services, including a 442 
requirement that the authority solicit proposals at least once every 443 
three years for each such service that it uses; (5) issuing and retiring 444 
bonds, bond anticipation notes and other obligations of the authority; 445 
(6) awarding loans, grants and other financial assistance, including 446 
eligibility criteria, the application process and the role played by the 447 
authority's staff and board of directors; (7) the use of surplus funds to 448 
the extent authorized under this section and sections 10 and 11 of this 449 
act or other provisions of the general statutes; and (8) with regards to 450 
toll rates for transit over or use of the highways, or portions thereof, 451 
establishing (A) variable toll rates that take into consideration the day 452 
of the week, level of congestion or anticipated congestion, (B) different 453 
fees based on the type of vehicle classification, size, weight, number of 454 
axles or vehicle occupancy, (C) discounts and credits to a toll customer 455 
account for persons with a transponder or similar technology issued 456 
by the Department of Transportation or a toll operator, (D) exemptions 457 
for certain types of motor vehicles, including, but not limited to, high-458 
occupancy vehicles, motor vehicles leased or owned by the state, 459 
motor vehicles used by a law enforcement unit, firefighter or a 460  Raised Bill No.  7280 
 
 
 
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member of an emergency medical service organization and motor 461 
vehicles used to provide public transit services, (E) surcharges, 462 
premiums or additional fees for designated users or classes of users of 463 
a tolled highway who travel on such highway without a transponder 464 
or similar technology issued by the department or a toll operator, and 465 
(F) administrative charges and penalties for the late payment of tolls 466 
and toll evasion, which shall be not more than twenty-five dollars for a 467 
first violation, not more than fifty dollars for a second violation and 468 
not more than one hundred dollars for a third or subsequent violation. 469 
Sec. 13. (NEW) (Effective from passage) There is established a 470 
Connecticut Transportation Infrastructure Bank Fund, which shall be 471 
within the Connecticut Transportation Finance Authority. The fund 472 
may receive any amount required by law to be deposited into the fund, 473 
including, but not limited to, payments of principal and interest on any 474 
loans, investment earnings, proceeds from the issuance of bonds and 475 
any federal funds as may become available to the state for 476 
transportation infrastructure investments. Any balance remaining in 477 
the fund at the end of any fiscal year shall be carried forward for the 478 
next fiscal year. The fund shall be used by the Connecticut 479 
Transportation Finance Authority for expenditures that promote 480 
investment in transportation infrastructure projects. Such expenditures 481 
may include, but need not be limited to: (1) Providing low interest 482 
loans or other financial assistance for the purpose of financing all or a 483 
portion of the costs incurred for the acquisition, removal, construction, 484 
equipping, reconstruction, repair, rehabilitation and improvement of a 485 
transportation infrastructure project, (2) reimbursement of the 486 
operating expenses, including administrative expenses incurred by the 487 
authority, and (3) capital costs incurred by the authority in connection 488 
with the operation of the fund, other permitted activities of the 489 
Connecticut Transportation Infrastructure Bank, grants, direct or 490 
equity investments, contracts or other actions that support 491 
transportation infrastructure projects in the state. 492 
Sec. 14. Subdivision (12) of section 1-79 of the general statutes is 493 
repealed and the following is substituted in lieu thereof (Effective from 494  Raised Bill No.  7280 
 
 
 
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passage): 495 
(12) "Quasi-public agency" means Connecticut Innovations, 496 
Incorporated, the Connecticut Health and Education Facilities 497 
Authority, the Connecticut Higher Education Supplemental Loan 498 
Authority, the Connecticut Student Loan Foundation, the Connecticut 499 
Housing Finance Authority, the State Housing Authority, the Materials 500 
Innovation and Recycling Authority, the Capital Region Development 501 
Authority, the Connecticut Lottery Corporation, the Connecticut 502 
Airport Authority, the Connecticut Health Insurance Exchange, the 503 
Connecticut Green Bank, the Connecticut Retirement Security 504 
Authority, the Connecticut Port Authority, [and] the State Education 505 
Resource Center and the Connecticut Transportation Finance 506 
Authority. 507 
Sec. 15. Section 1-120 of the general statutes is repealed and the 508 
following is substituted in lieu thereof (Effective from passage): 509 
As used in sections 1-120 to 1-123, inclusive: 510 
(1) "Quasi-public agency" means Connecticut Innovations, 511 
Incorporated, the Connecticut Health and Educational Facilities 512 
Authority, the Connecticut Higher Education Supplemental Loan 513 
Authority, the Connecticut Student Loan Foundation, the Connecticut 514 
Housing Finance Authority, the Connecticut Housing Authority, the 515 
Materials Innovation and Recycling Authority, the Capital Region 516 
Development Authority, the Connecticut Lottery Corporation, the 517 
Connecticut Airport Authority, the Connecticut Health Insurance 518 
Exchange, the Connecticut Green Bank, the Connecticut Retirement 519 
Security Authority, the Connecticut Port Authority, [and] the State 520 
Education Resource Center and the Connecticut Transportation 521 
Finance Authority. 522 
(2) "Procedure" means each statement, by a quasi-public agency, of 523 
general applicability, without regard to its designation, that 524 
implements, interprets or prescribes law or policy, or describes the 525 
organization or procedure of any such agency. The term includes the 526  Raised Bill No.  7280 
 
 
 
LCO No. 5006   	18 of 21 
 
amendment or repeal of a prior regulation, but does not include, 527 
unless otherwise provided by any provision of the general statutes, (A) 528 
statements concerning only the internal management of any agency 529 
and not affecting procedures available to the public, and (B) intra-530 
agency memoranda. 531 
(3) "Proposed procedure" means a proposal by a quasi-public 532 
agency under the provisions of section 1-121 for a new procedure or 533 
for a change in, addition to or repeal of an existing procedure.  534 
Sec. 16. Section 1-124 of the general statutes is repealed and the 535 
following is substituted in lieu thereof (Effective from passage): 536 
(a) Connecticut Innovations, Incorporated, the Connecticut Health 537 
and Educational Facilities Authority, the Connecticut Higher 538 
Education Supplemental Loan Authority, the Connecticut Student 539 
Loan Foundation, the Connecticut Housing Finance Authority, the 540 
Connecticut Housing Authority, the Materials Innovation and 541 
Recycling Authority, the Connecticut Airport Authority, the Capital 542 
Region Development Authority, the Connecticut Health Insurance 543 
Exchange, the Connecticut Green Bank, the Connecticut Retirement 544 
Security Authority, the Connecticut Port Authority, [and] the State 545 
Education Resource Center and the Connecticut Transportation 546 
Finance Authority shall not borrow any money or issue any bonds or 547 
notes which are guaranteed by the state of Connecticut or for which 548 
there is a capital reserve fund of any kind which is in any way 549 
contributed to or guaranteed by the state of Connecticut until and 550 
unless such borrowing or issuance is approved by the State Treasurer 551 
or the Deputy State Treasurer appointed pursuant to section 3-12. The 552 
approval of the State Treasurer or said deputy shall be based on 553 
documentation provided by the authority that it has sufficient 554 
revenues to (1) pay the principal of and interest on the bonds and notes 555 
issued, (2) establish, increase and maintain any reserves deemed by the 556 
authority to be advisable to secure the payment of the principal of and 557 
interest on such bonds and notes, (3) pay the cost of maintaining, 558 
servicing and properly insuring the purpose for which the proceeds of 559  Raised Bill No.  7280 
 
 
 
LCO No. 5006   	19 of 21 
 
the bonds and notes have been issued, if applicable, and (4) pay such 560 
other costs as may be required. 561 
(b) To the extent Connecticut Innovations, Incorporated, the 562 
Connecticut Higher Education Supplemental Loan Authority, the 563 
Connecticut Student Loan Foundation, the Connecticut Housing 564 
Finance Authority, the Connecticut Housing Authority, the Materials 565 
Innovation and Recycling Authority, the Connecticut Health and 566 
Educational Facilities Authority, the Connecticut Airport Authority, 567 
the Capital Region Development Authority, the Connecticut Health 568 
Insurance Exchange, the Connecticut Green Bank, the Connecticut 569 
Retirement Security Authority, the Connecticut Port Authority, [or] the 570 
State Education Resource Center or the Connecticut Transportation 571 
Finance Authority is permitted by statute and determines to exercise 572 
any power to moderate interest rate fluctuations or enter into any 573 
investment or program of investment or contract respecting interest 574 
rates, currency, cash flow or other similar agreement, including, but 575 
not limited to, interest rate or currency swap agreements, the effect of 576 
which is to subject a capital reserve fund which is in any way 577 
contributed to or guaranteed by the state of Connecticut, to potential 578 
liability, such determination shall not be effective until and unless the 579 
State Treasurer or his or her deputy appointed pursuant to section 3-12 580 
has approved such agreement or agreements. The approval of the State 581 
Treasurer or his or her deputy shall be based on documentation 582 
provided by the authority that it has sufficient revenues to meet the 583 
financial obligations associated with the agreement or agreements.  584 
Sec. 17. Section 1-125 of the general statutes is repealed and the 585 
following is substituted in lieu thereof (Effective from passage): 586 
The directors, officers and employees of Connecticut Innovations, 587 
Incorporated, the Connecticut Higher Education Supplemental Loan 588 
Authority, the Connecticut Student Loan Foundation, the Connecticut 589 
Housing Finance Authority, the Connecticut Housing Authority, the 590 
Materials Innovation and Recycling Authority, including ad hoc 591 
members of the Materials Innovation and Recycling Authority, the 592  Raised Bill No.  7280 
 
 
 
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Connecticut Health and Educational Facilities Authority, the Capital 593 
Region Development Authority, the Connecticut Airport Authority, 594 
the Connecticut Lottery Corporation, the Connecticut Health Insurance 595 
Exchange, the Connecticut Green Bank, the Connecticut Retirement 596 
Security Authority, the Connecticut Port Authority, [and] the State 597 
Education Resource Center and the Connecticut Transportation 598 
Finance Authority and any person executing the bonds or notes of the 599 
agency shall not be liable personally on such bonds or notes or be 600 
subject to any personal liability or accountability by reason of the 601 
issuance thereof, nor shall any director or employee of the agency, 602 
including ad hoc members of the Materials Innovation and Recycling 603 
Authority, be personally liable for damage or injury, not wanton, 604 
reckless, wilful or malicious, caused in the performance of his or her 605 
duties and within the scope of his or her employment or appointment 606 
as such director, officer or employee, including ad hoc members of the 607 
Materials Innovation and Recycling Authority. The agency shall 608 
protect, save harmless and indemnify its directors, officers or 609 
employees, including ad hoc members of the Materials Innovation and 610 
Recycling Authority, from financial loss and expense, including legal 611 
fees and costs, if any, arising out of any claim, demand, suit or 612 
judgment by reason of alleged negligence or alleged deprivation of any 613 
person's civil rights or any other act or omission resulting in damage 614 
or injury, if the director, officer or employee, including ad hoc 615 
members of the Materials Innovation and Recycling Authority, is 616 
found to have been acting in the discharge of his or her duties or 617 
within the scope of his or her employment and such act or omission is 618 
found not to have been wanton, reckless, wilful or malicious.  619 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 from passage New section 
Sec. 3 from passage New section 
Sec. 4 from passage New section 
Sec. 5 from passage New section 
Sec. 6 from passage New section  Raised Bill No.  7280 
 
 
 
LCO No. 5006   	21 of 21 
 
Sec. 7 from passage New section 
Sec. 8 from passage New section 
Sec. 9 from passage New section 
Sec. 10 from passage New section 
Sec. 11 from passage New section 
Sec. 12 from passage New section 
Sec. 13 from passage New section 
Sec. 14 from passage 1-79(12) 
Sec. 15 from passage 1-120 
Sec. 16 from passage 1-124 
Sec. 17 from passage 1-125 
 
Statement of Purpose:   
To (1) require the Commissioner of Transportation to submit a tolling 
proposal to the General Assembly; and (2) create the Connecticut 
Transportation Finance Authority. 
[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.]