LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-R01-
HB.docx
1 of 21
General Assembly Substitute Bill No. 7280
January Session, 2019
AN ACT CONCERNING SU PPORT FOR TRANSPORTA TION
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
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 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
2 of 21
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 Route 84, Interstate Route 91, Interstate Route 95 21
and portions of Connecticut Route 15, (ii) may include implementing 22
electronic tolling systems on any other limited access highway, or 23
portions thereof, if the commissioner determines such implementation 24
is necessary and provides the rationale for such implementation, (iii) 25
identifies the specific locations where the proposed tolls may be 26
located, the toll amounts that may be charged, including the use of 27
value pricing and discounts, if any, and the time periods for peak and 28
off-peak travel, and (iv) estimates the capital and operating costs 29
associated with the 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
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 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
3 of 21
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
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 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
4 of 21
the department may construct, maintain and operate electronic tolling 82
systems on Interstate Route 84, Interstate Route 91, Interstate Route 95 83
and portions of Connecticut Route 15 in accordance with such 84
proposal. The department may enter into an agreement with a toll 85
operator to 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
states, jurisdictions and operators of toll facilities in other states to 111
obtain and share any toll operator information regarding an out-of-112 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
5 of 21
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 maintained pursuant to article thirty-second of 138
the amendments to the Constitution of the state, and shall not be 139
commingled with other funds and revenues. Such revenues shall be 140
expended only for the purposes and subject to the provisions of 23 141
USC 129(a)(3), as amended from time to time. 142
(e) Tolls shall not be subject to and shall be exempt from taxation of 143 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
6 of 21
every kind by the state and by the municipalities and all other political 144
subdivisions or special districts having taxing powers in the state. 145
Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 146
operated by the department or a toll operator shall be interoperable 147
with all other electronic tolling systems in this state and shall comply 148
with all state and federal interoperability requirements and standards. 149
Such tolling system interoperability shall extend to system technology 150
and the transfer of funds. The Commissioners of Transportation and 151
Motor Vehicles, in consultation with the Commissioner of 152
Administrative Services, shall ensure the coordination and 153
compatibility of information system technology and data of any 154
electronic tolling system. The provisions of chapters 58 and 61 of the 155
general statutes shall not apply to this section. 156
Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 157
subsection (b) of this section, neither the department nor any toll 158
operator shall sell or use any toll customer information or other data 159
for commercial purposes unrelated to the charging, collection and 160
enforcement of tolls, administrative fees and penalties. 161
(b) The department may release toll customer information and other 162
data that does not directly or indirectly identify a toll customer for 163
research purposes authorized by the department. 164
(c) (1) Except as required by applicable law or in connection with an 165
administrative or court proceeding, all information that specifically 166
identifies a toll customer and relates to a specific tolling transaction 167
shall be destroyed not later than one year after the later of the tolling 168
transaction or the collection of the toll, whether through normal 169
processes or enforcement. 170
(2) Except as required by applicable law or in connection with an 171
administrative or court proceeding, all information relating to a toll 172
customer account that specifically identifies a toll customer shall be 173
destroyed not later than one year after the collection of all tolls and 174 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
7 of 21
fees incurred by such toll customer, whether through normal 175
processes, enforcement or closing of such account. 176
(d) Toll customer information and data shall not be deemed a public 177
record, as defined in section 1-200 of the general statutes. 178
(e) Toll operators shall be subject to the provisions of chapter 62a of 179
the general statutes. 180
Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 181
the amount of a toll or an associated charge shall be afforded an 182
opportunity for a hearing with the department in accordance with the 183
provisions of chapter 54 of the general statutes. 184
(b) The department, after notice and hearing, may impose a civil 185
penalty of not more than twenty-five dollars for a first violation, not 186
more than fifty dollars for a second violation and not more than one 187
hundred dollars for a third or subsequent violation of a provision of 188
the regulations adopted pursuant to section 8 of this act on any of the 189
following persons with respect to toll nonpayment, toll evasion or 190
related fees: (1) The operator of a motor vehicle on a tolled highway; 191
(2) the registered owner of a motor vehicle operated on a tolled 192
highway, if other than the operator, if such vehicle was used or 193
operated with the express or implied permission of the registered 194
owner at the time of the tolling transaction; (3) the lessee of a motor 195
vehicle operated on a tolled highway, if other than the operator, if such 196
vehicle was used or operated with the express or implied permission 197
of the lessee at the time of the tolling transaction; and (4) the lessor of a 198
motor vehicle operated on a tolled highway. 199
(c) A copy of the motor vehicle rental agreement, lease, other 200
contract document or affidavit identifying the lessee of the motor 201
vehicle at the time of the tolling transaction shall be prima facie 202
evidence that the person named in the rental agreement, lease, other 203
contract document or affidavit was operating the motor vehicle at all 204
relevant times relating to the tolling transaction. A lessor shall 205 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
8 of 21
cooperate with the department or the toll operator, as the case may be, 206
in providing the department or toll operator any requested 207
information concerning the lessee contained in the lessor's record. 208
(d) The Department of Motor Vehicles shall provide the Department 209
of Transportation and any toll operator with the information necessary 210
to collect tolls and enforce penalties for toll nonpayment, toll evasion 211
or other toll-related violations, including, but not limited to, 212
information regarding the registered owner of a motor vehicle that was 213
operated on a tolled highway and the make of the motor vehicle, the 214
motor vehicle's number plate and the name and address of the 215
registered owner of the motor vehicle. 216
Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 217
Transportation shall adopt regulations, in accordance with the 218
provisions of chapter 54 of the general statutes, to implement the 219
provisions of sections 3 to 7, inclusive, of this act. Such regulations 220
may include, but need not be limited to: (1) Provisions to protect and 221
appropriately limit access to toll customer information and other data 222
collected, received, maintained, archived, accessed and disclosed by 223
the department, and (2) the manner in which a transponder or similar 224
device shall be located in or on a motor vehicle entering an electronic 225
tolling system if such system uses a transponder or similar device. 226
(b) The Commissioner of Motor Vehicles, in consultation with the 227
Commissioner of Transportation, shall adopt regulations, in 228
accordance with the provisions of chapter 54 of the general statutes, to 229
implement the provisions of sections 3 to 7, inclusive, of this act. Such 230
regulations shall include restrictions on issuing a registration to the 231
owner of a motor vehicle who owes tolls for transit over or use of a 232
tolled highway or owes administrative charges or penalties for the late 233
payment of tolls or toll evasion. 234
Sec. 9. (NEW) (Effective from passage) (a) (1) When the Treasurer 235
determines the resources of the Special Transportation Fund 236
established under section 13b-69 of the general statutes exceed three 237 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
9 of 21
times the estimated payments of debt service on obligations of the state 238
incurred for transportation purposes, the Treasurer shall provide 239
written notice to the Commissioner of Revenue Services of such 240
determination. 241
(2) Not later than fifteen days after the commencement of any 242
electronic tolling systems on the highways of this state, as defined in 243
section 1 of this act, the Commissioner of Transportation shall provide 244
written notice to the Commissioner of Revenue Services of the date of 245
such commencement. 246
(b) Notwithstanding the provisions of subdivision (2) of subsection 247
(a) of section 12-458 of the general statutes and section 12-458h of the 248
general statutes, on July first after the first full fiscal year that follows 249
the later of the notices required under subdivisions (1) and (2) of 250
subsection (a) of this section, and for each of the following four fiscal 251
years, the amount of the tax imposed by section 12-458 of the general 252
statutes shall be decreased by one cent. The Commissioner of Revenue 253
Services shall calculate the applicable tax rate per gallon of fuel, as 254
defined in section 12-455a of the general statutes, that is sold or used in 255
this state and notify each distributor, the chairpersons and ranking 256
members of the joint standing committee of the General Assembly 257
having cognizance of matters relating to finance, revenue and bonding 258
and the Secretary of the Office of Policy and Management of the 259
applicable tax rate for each such fiscal year. 260
Sec. 10. (NEW) (Effective from passage) (a) There is hereby established 261
and created a body politic and corporate, constituting a public 262
instrumentality and political subdivision of the state established and 263
created for the performance of an essential public and governmental 264
function, to be known as the Connecticut Transportation Finance 265
Authority. The authority shall not be construed to be a department, 266
institution or agency of the state. 267
(b) The powers of the authority shall be vested in and exercised by a 268
board of directors, which shall consist of thirteen members, appointed 269 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
10 of 21
as follows: Three members of the Senate, one appointed by the 270
president pro tempore of the Senate, one appointed by the majority 271
leader of the Senate and one appointed by the minority leader of the 272
Senate; three members of the House of Representatives, one appointed 273
by the speaker of the House of Representatives, one appointed by the 274
majority leader of the House of Representatives, and one appointed by 275
the minority leader of the House of Representatives; the 276
Commissioners of Transportation, Economic and Community 277
Development, Energy and Environmental Protection and Housing, or 278
their designees; the State Treasurer, or the Treasurer's designee; and 279
two members appointed by the Governor who shall serve for a term of 280
four years. Members of the board who are members of the General 281
Assembly shall serve for the terms for which they were elected. The 282
board of directors shall select the chairperson from among the 283
members of the board, who shall serve for a term of two years. The 284
board of directors shall select a vice-chairperson from among its 285
members and such other officers as it deems necessary. 286
(c) Members of the board of directors, unless otherwise provided, 287
may not designate a representative to perform in their absence their 288
respective duties under this section and sections 11 and 12 of this act. 289
Any vacancy occurring other than by expiration of term shall be filled 290
in the same manner as the original appointment for the balance of the 291
unexpired term. The appointing authority for any member may 292
remove such member for inefficiency, wilful neglect of duty, 293
misfeasance or malfeasance. 294
(d) The chairperson shall, with the approval of the members of the 295
board of directors, appoint an executive director of the authority who 296
shall be an employee of the authority and paid a salary prescribed by 297
the members. The executive director shall supervise the administrative 298
affairs and technical activities of the authority in accordance with the 299
directives of the board. 300
(e) Members may engage in private employment, or in a profession 301
or business, subject to any applicable laws, rules and regulations of the 302 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
11 of 21
state regarding official ethics or conflict of interest. 303
(f) Seven members of the board of directors of the authority, 304
provided three such members are members of the General Assembly, 305
shall constitute a quorum for the transaction of any business or the 306
exercise of any power of the authority. For the transaction of any 307
business or the exercise of any power of the authority, and except as 308
otherwise provided in this section and sections 11 and 12 of this act, 309
the authority may act by a majority of the members present at any 310
meeting at which a quorum is in attendance. 311
(g) The authority shall continue as long as it has bonds or other 312
obligations outstanding and until its existence is terminated by law, 313
provided no such termination shall affect any outstanding contractual 314
obligation of the authority and the state shall succeed to the obligations 315
of the authority under any contract. Upon the termination of the 316
existence of the authority, all its rights and properties shall pass to and 317
be vested in the state of Connecticut. 318
(h) It shall not constitute a conflict of interest for a trustee, director, 319
partner or officer of any person, firm or corporation, or any individual 320
having a financial interest in a person, firm or corporation, to serve as a 321
member of the board of directors of the authority, provided such 322
trustee, director, partner, officer or individual shall comply with all 323
applicable provisions of chapter 10 of the general statutes. 324
Sec. 11. (NEW) (Effective from passage) (a) The purposes of the 325
Connecticut Transportation Finance Authority shall be to: 326
(1) Approve the state-wide transportation improvement plan, the 327
five-year transportation capital plan for the state and the long-range 328
transportation plan developed by the Department of Transportation 329
after evaluating whether such plans assure the development and 330
maintenance of an adequate, safe and efficient transportation system 331
that meets the present and future transportation needs of the state and 332
assessing the impact of such plans on economic development, transit-333 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
12 of 21
oriented development, housing development, access to employment, 334
the environment and the specific needs of the geographic areas of the 335
state; 336
(2) Establish a Connecticut Transportation Infrastructure Bank to 337
assist in financing transportation infrastructure projects by providing 338
loans and other financial assistance to public and private entities in 339
order to improve transportation infrastructure in the state, including, 340
but not limited to, the acquisition, removal, construction, equipping, 341
reconstruction, repair, rehabilitation and improvement of, and 342
acquisition of easements and rights-of-ways with respect to, roadways, 343
highways, bridges, commuter and freight railways, transit and 344
intermodal systems, airports and aeronautic facilities, ports, harbors 345
and navigable waterways; and 346
(3) After a tolling proposal to implement electronic tolling systems 347
is approved or deemed approved by the General Assembly pursuant 348
to section 2 of this act, establish and adjust, as necessary, toll rates for 349
transit over or use of the highways, of portions thereof, so as to 350
provide, at a minimum, funding that is sufficient to: (A) Pay costs 351
related to tolled highways in this state, including, but not limited to, 352
the cost of owning, maintaining, repairing, reconstructing, improving, 353
rehabilitating, using, administering, controlling and operating such 354
highways; (B) pay the principal of, redemption premium, if any, and 355
interest on notes or bonds relating to tolled highways, as such 356
principal, premium or interest become due and payable; and (C) create 357
and maintain reserves established for any of the Department of 358
Transportation's highway and bridge responsibilities under titles 13a 359
and 13b of the general statutes for the operation and maintenance of 360
tolled highways. Such sufficiency of funding may take into account the 361
availability of funds from other sources. Prior to fixing or adjusting the 362
amount of tolls for transit over or use of the highways, or portions 363
thereof, the authority shall hold not less than one public hearing. 364
(b) For such purposes, the authority is authorized and empowered 365
to: 366 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
13 of 21
(1) Have perpetual succession as a body politic and corporate and to 367
adopt bylaws for the regulation of its affairs and the conduct of its 368
business; 369
(2) Adopt an official seal and alter the same at pleasure; 370
(3) Maintain an office at such place or places as it may designate; 371
(4) Sue and be sued in its own name, and plead and be impleaded; 372
(5) (A) Employ such assistants, agents and other employees as may 373
be necessary or desirable who shall be employees, as defined in 374
subsection (b) of section 5-270 of the general statutes; (B) establish all 375
necessary or appropriate personnel practices and policies, including 376
those relating to hiring, promotion, compensation, retirement and 377
collective bargaining, which shall be in accordance with chapter 68 of 378
the general statutes, and the authority shall be an employer as defined 379
in subsection (a) of section 5-270 of the general statutes; and (C) engage 380
consultants, attorneys and appraisers as may be necessary or desirable 381
to carry out its purposes in accordance with this section and sections 382
10, 12 and 13 of this act; 383
(6) Issue bonds, bond anticipation notes and other obligations of the 384
authority for any of its corporate purposes, and to fund or refund the 385
same and provide for the rights of the holders thereof, and to secure 386
the same by pledge or revenues, notes and mortgages of others; 387
(7) Receive and accept aid or contributions from any source of 388
money, property, labor or other things of value, to be held, used and 389
applied to carry out the purposes of this section and sections 10, 12 and 390
13 of this act subject to such conditions upon which such grants and 391
contributions may be made, including, but not limited to, gifts or 392
grants from any department, agency or instrumentality of the United 393
States or this state for any purpose consistent with this section and 394
sections 10, 12 and 13 of this act; 395
(8) Borrow money for the purpose of obtaining working capital; 396 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
14 of 21
(9) Make and enter into all contracts and agreements necessary or 397
incidental to the performance of its duties and the execution of its 398
powers under this section and sections 10, 12 and 13 of this act, 399
including contracts and agreements for the establishment of the 400
Connecticut Transportation Infrastructure Bank and for the provision 401
of professional services as the authority deems necessary, including, 402
but not limited to, financial consultants, bond counsel, underwriters 403
and technical specialists; 404
(10) Acquire, lease, purchase, own, manage, hold and dispose of 405
personal property, and lease, convey or deal in or enter into 406
agreements with respect to such property on any terms necessary or 407
incidental to the carrying out of these purposes; 408
(11) Invest in, acquire, lease, purchase, own, manage, hold and 409
dispose of real property and lease, convey or deal in or enter into 410
agreements with respect to such property on any terms necessary or 411
incidental to carrying out the purposes of this section and sections 10, 412
12 and 13 of this act, provided such transactions shall not be subject to 413
approval, review or regulation by any state agency pursuant to title 4b 414
of the general statutes or any other provision of the general statutes; 415
(12) Procure insurance against any liability or loss in connection 416
with its property and other assets, in such amounts and from such 417
insurers as it deems desirable and to procure insurance for employees; 418
(13) Account for and audit funds of the authority and funds of any 419
recipients of funds from the authority; 420
(14) Establish advisory committees to assist in accomplishing its 421
duties under this section and sections 10, 12 and 13 of this act, which 422
may include one or more members of the board of directors and 423
persons other than members; 424
(15) Pursue public-private partnerships for the design, 425
development, operation or maintenance of transportation systems, 426
transit-oriented development and related infrastructure; and 427 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
15 of 21
(16) Do all acts and things necessary or convenient to carry out the 428
purposes of this section and sections 10, 12 and 13 of this act and the 429
powers expressly granted by said sections. 430
Sec. 12. (NEW) (Effective from passage) The members of the board of 431
directors of the Connecticut Transportation Finance Authority shall 432
adopt written procedures, in accordance with the provisions of section 433
1-121 of the general statutes, for: (1) Adopting an annual budget and 434
plan of operations, including a requirement of board approval before 435
the budget or plan may take effect; (2) hiring, dismissing, promoting 436
and compensating employees of the authority, including an 437
affirmative action policy and a requirement of board approval before a 438
position may be created or a vacancy filled; (3) acquiring real and 439
personal property and personal services, including a requirement of 440
board approval for any nonbudgeted expenditure in excess of an 441
amount to be determined by the board; (4) contracting for financial, 442
legal, bond underwriting and other professional services, including a 443
requirement that the authority solicit proposals at least once every 444
three years for each such service that it uses; (5) issuing and retiring 445
bonds, bond anticipation notes and other obligations of the authority; 446
(6) awarding loans, grants and other financial assistance, including 447
eligibility criteria, the application process and the role played by the 448
authority's staff and board of directors; (7) the use of surplus funds to 449
the extent authorized under this section and sections 10 and 11 of this 450
act or other provisions of the general statutes; and (8) with regards to 451
toll rates for transit over or use of the highways, or portions thereof, 452
establishing (A) variable toll rates that take into consideration the day 453
of the week, level of congestion or anticipated congestion, (B) different 454
fees based on the type of vehicle classification, size, weight, number of 455
axles or vehicle occupancy, (C) discounts and credits to a toll customer 456
account for persons with a transponder or similar technology issued 457
by the Department of Transportation or a toll operator, (D) exemptions 458
for certain types of motor vehicles, including, but not limited to, high-459
occupancy vehicles, motor vehicles leased or owned by the state, 460
motor vehicles used by a law enforcement unit, firefighter or a 461 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
16 of 21
member of an emergency medical service organization and motor 462
vehicles used to provide public transit services, (E) surcharges, 463
premiums or additional fees for designated users or classes of users of 464
a tolled highway who travel on such highway without a transponder 465
or similar technology issued by the department or a toll operator, and 466
(F) administrative charges and penalties for the late payment of tolls 467
and toll evasion, which shall be not more than twenty-five dollars for a 468
first violation, not more than fifty dollars for a second violation and 469
not more than one hundred dollars for a third or subsequent violation. 470
Sec. 13. (NEW) (Effective from passage) There is established a 471
Connecticut Transportation Infrastructure Bank Fund, which shall be 472
within the Connecticut Transportation Finance Authority. The fund 473
may receive any amount required by law to be deposited into the fund, 474
including, but not limited to, payments of principal and interest on any 475
loans, investment earnings, proceeds from the issuance of bonds and 476
any federal funds as may become available to the state for 477
transportation infrastructure investments. Any balance remaining in 478
the fund at the end of any fiscal year shall be carried forward for the 479
next fiscal year. The fund shall be used by the Connecticut 480
Transportation Finance Authority for expenditures that promote 481
investment in transportation infrastructure projects. Such expenditures 482
may include, but need not be limited to: (1) Providing low interest 483
loans or other financial assistance for the purpose of financing all or a 484
portion of the costs incurred for the acquisition, removal, construction, 485
equipping, reconstruction, repair, rehabilitation and improvement of a 486
transportation infrastructure project, (2) reimbursement of the 487
operating expenses, including administrative expenses incurred by the 488
authority, and (3) capital costs incurred by the authority in connection 489
with the operation of the fund, other permitted activities of the 490
Connecticut Transportation Infrastructure Bank, grants, direct or 491
equity investments, contracts or other actions that support 492
transportation infrastructure projects in the state. 493
Sec. 14. Subdivision (12) of section 1-79 of the general statutes is 494 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
17 of 21
repealed and the following is substituted in lieu thereof (Effective from 495
passage): 496
(12) "Quasi-public agency" means Connecticut Innovations, 497
Incorporated, the Connecticut Health and Education Facilities 498
Authority, the Connecticut Higher Education Supplemental Loan 499
Authority, the Connecticut Student Loan Foundation, the Connecticut 500
Housing Finance Authority, the State Housing Authority, the Materials 501
Innovation and Recycling Authority, the Capital Region Development 502
Authority, the Connecticut Lottery Corporation, the Connecticut 503
Airport Authority, the Connecticut Health Insurance Exchange, the 504
Connecticut Green Bank, the Connecticut Retirement Security 505
Authority, the Connecticut Port Authority, [and] the State Education 506
Resource Center and the Connecticut Transportation Finance 507
Authority. 508
Sec. 15. Section 1-120 of the general statutes is repealed and the 509
following is substituted in lieu thereof (Effective from passage): 510
As used in sections 1-120 to 1-123, inclusive: 511
(1) "Quasi-public agency" means Connecticut Innovations, 512
Incorporated, the Connecticut Health and Educational Facilities 513
Authority, the Connecticut Higher Education Supplemental Loan 514
Authority, the Connecticut Student Loan Foundation, the Connecticut 515
Housing Finance Authority, the Connecticut Housing Authority, the 516
Materials Innovation and Recycling Authority, the Capital Region 517
Development Authority, the Connecticut Lottery Corporation, the 518
Connecticut Airport Authority, the Connecticut Health Insurance 519
Exchange, the Connecticut Green Bank, the Connecticut Retirement 520
Security Authority, the Connecticut Port Authority, [and] the State 521
Education Resource Center and the Connecticut Transportation 522
Finance Authority. 523
(2) "Procedure" means each statement, by a quasi-public agency, of 524
general applicability, without regard to its designation, that 525 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
18 of 21
implements, interprets or prescribes law or policy, or describes the 526
organization or procedure of any such agency. The term includes the 527
amendment or repeal of a prior regulation, but does not include, 528
unless otherwise provided by any provision of the general statutes, (A) 529
statements concerning only the internal management of any agency 530
and not affecting procedures available to the public, and (B) intra-531
agency memoranda. 532
(3) "Proposed procedure" means a proposal by a quasi-public 533
agency under the provisions of section 1-121 for a new procedure or 534
for a change in, addition to or repeal of an existing procedure. 535
Sec. 16. Section 1-124 of the general statutes is repealed and the 536
following is substituted in lieu thereof (Effective from passage): 537
(a) Connecticut Innovations, Incorporated, the Connecticut Health 538
and Educational Facilities Authority, the Connecticut Higher 539
Education Supplemental Loan Authority, the Connecticut Student 540
Loan Foundation, the Connecticut Housing Finance Authority, the 541
Connecticut Housing Authority, the Materials Innovation and 542
Recycling Authority, the Connecticut Airport Authority, the Capital 543
Region Development Authority, the Connecticut Health Insurance 544
Exchange, the Connecticut Green Bank, the Connecticut Retirement 545
Security Authority, the Connecticut Port Authority, [and] the State 546
Education Resource Center and the Connecticut Transportation 547
Finance Authority shall not borrow any money or issue any bonds or 548
notes which are guaranteed by the state of Connecticut or for which 549
there is a capital reserve fund of any kind which is in any way 550
contributed to or guaranteed by the state of Connecticut until and 551
unless such borrowing or issuance is approved by the State Treasurer 552
or the Deputy State Treasurer appointed pursuant to section 3-12. The 553
approval of the State Treasurer or said deputy shall be based on 554
documentation provided by the authority that it has sufficient 555
revenues to (1) pay the principal of and interest on the bonds and notes 556
issued, (2) establish, increase and maintain any reserves deemed by the 557
authority to be advisable to secure the payment of the principal of and 558 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
19 of 21
interest on such bonds and notes, (3) pay the cost of maintaining, 559
servicing and properly insuring the purpose for which the proceeds of 560
the bonds and notes have been issued, if applicable, and (4) pay such 561
other costs as may be required. 562
(b) To the extent Connecticut Innovations, Incorporated, the 563
Connecticut Higher Education Supplemental Loan Authority, the 564
Connecticut Student Loan Foundation, the Connecticut Housing 565
Finance Authority, the Connecticut Housing Authority, the Materials 566
Innovation and Recycling Authority, the Connecticut Health and 567
Educational Facilities Authority, the Connecticut Airport Authority, 568
the Capital Region Development Authority, the Connecticut Health 569
Insurance Exchange, the Connecticut Green Bank, the Connecticut 570
Retirement Security Authority, the Connecticut Port Authority, [or] the 571
State Education Resource Center or the Connecticut Transportation 572
Finance Authority is permitted by statute and determines to exercise 573
any power to moderate interest rate fluctuations or enter into any 574
investment or program of investment or contract respecting interest 575
rates, currency, cash flow or other similar agreement, including, but 576
not limited to, interest rate or currency swap agreements, the effect of 577
which is to subject a capital reserve fund which is in any way 578
contributed to or guaranteed by the state of Connecticut, to potential 579
liability, such determination shall not be effective until and unless the 580
State Treasurer or his or her deputy appointed pursuant to section 3-12 581
has approved such agreement or agreements. The approval of the State 582
Treasurer or his or her deputy shall be based on documentation 583
provided by the authority that it has sufficient revenues to meet the 584
financial obligations associated with the agreement or agreements. 585
Sec. 17. Section 1-125 of the general statutes is repealed and the 586
following is substituted in lieu thereof (Effective from passage): 587
The directors, officers and employees of Connecticut Innovations, 588
Incorporated, the Connecticut Higher Education Supplemental Loan 589
Authority, the Connecticut Student Loan Foundation, the Connecticut 590
Housing Finance Authority, the Connecticut Housing Authority, the 591 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
20 of 21
Materials Innovation and Recycling Authority, including ad hoc 592
members of the Materials Innovation and Recycling Authority, the 593
Connecticut Health and Educational Facilities Authority, the Capital 594
Region Development Authority, the Connecticut Airport Authority, 595
the Connecticut Lottery Corporation, the Connecticut Health Insurance 596
Exchange, the Connecticut Green Bank, the Connecticut Retirement 597
Security Authority, the Connecticut Port Authority, [and] the State 598
Education Resource Center and the Connecticut Transportation 599
Finance Authority and any person executing the bonds or notes of the 600
agency shall not be liable personally on such bonds or notes or be 601
subject to any personal liability or accountability by reason of the 602
issuance thereof, nor shall any director or employee of the agency, 603
including ad hoc members of the Materials Innovation and Recycling 604
Authority, be personally liable for damage or injury, not wanton, 605
reckless, wilful or malicious, caused in the performance of his or her 606
duties and within the scope of his or her employment or appointment 607
as such director, officer or employee, including ad hoc members of the 608
Materials Innovation and Recycling Authority. The agency shall 609
protect, save harmless and indemnify its directors, officers or 610
employees, including ad hoc members of the Materials Innovation and 611
Recycling Authority, from financial loss and expense, including legal 612
fees and costs, if any, arising out of any claim, demand, suit or 613
judgment by reason of alleged negligence or alleged deprivation of any 614
person's civil rights or any other act or omission resulting in damage 615
or injury, if the director, officer or employee, including ad hoc 616
members of the Materials Innovation and Recycling Authority, is 617
found to have been acting in the discharge of his or her duties or 618
within the scope of his or her employment and such act or omission is 619
found not to have been wanton, reckless, wilful or malicious. 620
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 Substitute Bill No. 7280
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07280-
R01-HB.docx }
21 of 21
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
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 Legislative Commissioners:
In Section 2(a)(1)(C)(i) and Section 3(a), "Route" was inserted after
"Interstate" for accuracy, and in Section 4(d), "section 19 of article third
of" was changed to "maintained pursuant to article thirty-second of the
amendments to" for accuracy.
TRA Joint Favorable Subst. -LCO