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General Assembly Raised Bill No. 7280
January Session, 2019
LCO No. 5006
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
LCO No. 5006 17 of 21
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
LCO No. 5006 20 of 21
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.]