46 | | - | systems on Interstate Route 84, Interstate Route 91, Interstate Route 95 21 |
---|
47 | | - | and portions of Connecticut Route 15, (ii) may include implementing 22 |
---|
48 | | - | electronic tolling systems on any other limited access highway, or 23 |
---|
49 | | - | portions thereof, if the commissioner determines such implementation 24 |
---|
50 | | - | is necessary and provides the rationale for such implementation, (iii) 25 |
---|
51 | | - | identifies the specific locations where the proposed tolls may be 26 |
---|
52 | | - | located, the toll amounts that may be charged, including the use of 27 |
---|
53 | | - | value pricing and discounts, if any, and the time periods for peak and 28 |
---|
54 | | - | off-peak travel, and (iv) estimates the capital and operating costs 29 |
---|
55 | | - | associated with the electronic tolling systems. 30 |
---|
| 52 | + | systems on Interstate 84, Interstate 91, Interstate 95 and portions of 21 |
---|
| 53 | + | Connecticut Route 15, (ii) may include implementing electronic tolling 22 |
---|
| 54 | + | systems on any other limited access highway, or portions thereof, if the 23 |
---|
| 55 | + | commissioner determines such implementation is necessary and 24 |
---|
| 56 | + | provides the rationale for such implementation, (iii) identifies the 25 |
---|
| 57 | + | specific locations where the proposed tolls may be located, the toll 26 |
---|
| 58 | + | amounts that may be charged, including the use of value pricing and 27 |
---|
| 59 | + | discounts, if any, and the time periods for peak and off-peak travel, 28 |
---|
| 60 | + | and (iv) estimates the capital and operating costs associated with the 29 |
---|
| 61 | + | electronic tolling systems. 30 |
---|
81 | 86 | | days after the first day of the next regular session. The committee shall 50 |
---|
82 | 87 | | receive comments from members of the public during the 51 |
---|
83 | 88 | | informational hearing. 52 |
---|
84 | 89 | | (2) Not later than fifteen days after the joint standing committee of 53 |
---|
85 | 90 | | the General Assembly having cognizance of matters relating to 54 |
---|
86 | 91 | | transportation holds an informational hearing regarding the tolling 55 |
---|
87 | 92 | | proposal, the General Assembly shall vote to approve or reject the 56 |
---|
88 | 93 | | tolling proposal. The tolling proposal shall be approved in whole by a 57 |
---|
89 | 94 | | majority vote of each house or rejected by a majority vote in either 58 |
---|
90 | 95 | | house. If both houses fail to vote during such fifteen-day period, the 59 |
---|
91 | 96 | | tolling proposal shall be deemed approved by the General Assembly. 60 |
---|
92 | 97 | | Such fifteen-day period shall not expire unless the General Assembly is 61 |
---|
93 | 98 | | in regular session. If the regular session adjourns prior to such fifteenth 62 |
---|
94 | 99 | | day and the tolling proposal has not been acted upon, the tolling 63 |
---|
95 | 100 | | proposal shall be deemed filed on the first day of the next regular 64 |
---|
96 | 101 | | session. 65 |
---|
97 | 102 | | (c) If the General Assembly rejects the tolling proposal, the 66 |
---|
98 | 103 | | commissioner may revise the tolling proposal. Any such revised 67 |
---|
99 | 104 | | tolling proposal shall be submitted to the clerks of the House of 68 |
---|
100 | 105 | | Representatives and the Senate and subject to an informational hearing 69 |
---|
101 | 106 | | and approval or rejection by the General Assembly in the same manner 70 |
---|
102 | 107 | | as described in subsection (b) of this section. 71 |
---|
103 | 108 | | (d) If the tolling proposal is approved or deemed approved by the 72 |
---|
104 | 109 | | General Assembly in accordance with this section, the commissioner 73 |
---|
105 | 110 | | shall submit the tolling proposal to the Federal Highway 74 |
---|
106 | 111 | | Administration. In no event shall the commissioner submit a tolling 75 |
---|
107 | 112 | | proposal to the Federal Highway Administration unless the tolling 76 |
---|
108 | 113 | | proposal has been approved or deemed approved by the General 77 |
---|
124 | 128 | | (b) To carry out its duties and responsibilities under this section and 87 |
---|
125 | 129 | | sections 4 to 7, inclusive, of this act, and any regulations adopted 88 |
---|
126 | 130 | | under section 8 of this act, the department may enter into tolling 89 |
---|
127 | 131 | | agreements with the Federal Highway Administration and 90 |
---|
128 | 132 | | coordination agreements, intergovernmental agreements or other 91 |
---|
129 | 133 | | implementation agreements with any other federal, state or municipal 92 |
---|
130 | 134 | | entity or agency. 93 |
---|
131 | 135 | | (c) The department may procure, retain and expend funds for 94 |
---|
132 | 136 | | technical, traffic, revenue and financial consultants, attorneys and 95 |
---|
133 | 137 | | other consultants and experts to assist in the development, 96 |
---|
134 | 138 | | implementation, maintenance and operation of electronic tolling 97 |
---|
135 | 139 | | systems. 98 |
---|
136 | 140 | | (d) The department may procure, retain and expend funds for toll 99 |
---|
137 | 141 | | operators, vendors, suppliers, designers, engineers, software 100 |
---|
138 | 142 | | designers, installers, contractors, maintenance personnel, customer 101 |
---|
139 | 143 | | service personnel and other equipment, materials, personnel and 102 |
---|
140 | 144 | | services for the development, implementation, maintenance and 103 |
---|
141 | 145 | | operation of electronic tolling systems and for the collection and 104 |
---|
142 | 146 | | enforcement of tolls. 105 |
---|
143 | 147 | | (e) The department may enter into agreements for the provision of 106 |
---|
144 | 148 | | any service specified in subsections (c) and (d) of this section, or any 107 |
---|
145 | 149 | | combination thereof, pursuant to an open, competitive process. 108 |
---|
146 | 150 | | (f) (1) The department and the Department of Motor Vehicles, either 109 |
---|
156 | 159 | | state registered owner of a vehicle that has used a tolled highway, 113 |
---|
157 | 160 | | including the make of the motor vehicle, the motor vehicle's number 114 |
---|
158 | 161 | | plate and the name and address of the registered owner of the motor 115 |
---|
159 | 162 | | vehicle. 116 |
---|
160 | 163 | | (2) The department and the Department of Motor Vehicles may 117 |
---|
161 | 164 | | enter into, or authorize a toll operator on behalf of the departments to 118 |
---|
162 | 165 | | enter into, reciprocal agreements with other states, jurisdictions and 119 |
---|
163 | 166 | | operators of toll facilities in other states for the efficient collection of 120 |
---|
164 | 167 | | tolls incurred by residents of states other than this state. 121 |
---|
165 | 168 | | Sec. 4. (NEW) (Effective from passage) (a) After a tolling proposal to 122 |
---|
166 | 169 | | implement electronic tolling systems has been approved or deemed 123 |
---|
167 | 170 | | approved by the General Assembly pursuant to section 2 of this act, 124 |
---|
168 | 171 | | the department may collect the amount of all tolls for transit over or 125 |
---|
169 | 172 | | use of the highways specified in such proposal. 126 |
---|
170 | 173 | | (b) Prior to commencing construction of an electronic tolling system 127 |
---|
171 | 174 | | on any highway, or portion thereof, of this state, the department shall 128 |
---|
172 | 175 | | hold at least one public informational meeting in the general vicinity of 129 |
---|
173 | 176 | | the proposed toll corridor to receive comments on the proposed toll. 130 |
---|
174 | 177 | | (c) The department shall place and maintain signs in advance of any 131 |
---|
175 | 178 | | tolled highways to notify motor vehicle operators (1) that a toll will be 132 |
---|
176 | 179 | | charged on such highway, and (2) how to pay such toll. 133 |
---|
177 | 180 | | (d) All revenues received by the department from tolls and the 134 |
---|
178 | 181 | | imposition of civil penalties associated with toll nonpayment, toll 135 |
---|
179 | 182 | | evasion or other toll-related violations shall be deposited into the 136 |
---|
180 | 183 | | Special Transportation Fund, established pursuant to section 13b-68 of 137 |
---|
193 | | - | every kind by the state and by the municipalities and all other political 144 |
---|
194 | | - | subdivisions or special districts having taxing powers in the state. 145 |
---|
195 | | - | Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 146 |
---|
196 | | - | operated by the department or a toll operator shall be interoperable 147 |
---|
197 | | - | with all other electronic tolling systems in this state and shall comply 148 |
---|
198 | | - | with all state and federal interoperability requirements and standards. 149 |
---|
199 | | - | Such tolling system interoperability shall extend to system technology 150 |
---|
200 | | - | and the transfer of funds. The Commissioners of Transportation and 151 |
---|
201 | | - | Motor Vehicles, in consultation with the Commissioner of 152 |
---|
202 | | - | Administrative Services, shall ensure the coordination and 153 |
---|
203 | | - | compatibility of information system technology and data of any 154 |
---|
204 | | - | electronic tolling system. The provisions of chapters 58 and 61 of the 155 |
---|
205 | | - | general statutes shall not apply to this section. 156 |
---|
206 | | - | Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 157 |
---|
207 | | - | subsection (b) of this section, neither the department nor any toll 158 |
---|
208 | | - | operator shall sell or use any toll customer information or other data 159 |
---|
209 | | - | for commercial purposes unrelated to the charging, collection and 160 |
---|
210 | | - | enforcement of tolls, administrative fees and penalties. 161 |
---|
211 | | - | (b) The department may release toll customer information and other 162 |
---|
212 | | - | data that does not directly or indirectly identify a toll customer for 163 |
---|
213 | | - | research purposes authorized by the department. 164 |
---|
214 | | - | (c) (1) Except as required by applicable law or in connection with an 165 |
---|
215 | | - | administrative or court proceeding, all information that specifically 166 |
---|
216 | | - | identifies a toll customer and relates to a specific tolling transaction 167 |
---|
217 | | - | shall be destroyed not later than one year after the later of the tolling 168 |
---|
218 | | - | transaction or the collection of the toll, whether through normal 169 |
---|
219 | | - | processes or enforcement. 170 |
---|
220 | | - | (2) Except as required by applicable law or in connection with an 171 |
---|
221 | | - | administrative or court proceeding, all information relating to a toll 172 |
---|
222 | | - | customer account that specifically identifies a toll customer shall be 173 |
---|
223 | | - | destroyed not later than one year after the collection of all tolls and 174 Substitute Bill No. 7280 |
---|
| 191 | + | LCO No. 5006 6 of 21 |
---|
| 192 | + | |
---|
| 193 | + | (e) Tolls shall not be subject to and shall be exempt from taxation of 142 |
---|
| 194 | + | every kind by the state and by the municipalities and all other political 143 |
---|
| 195 | + | subdivisions or special districts having taxing powers in the state. 144 |
---|
| 196 | + | Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 145 |
---|
| 197 | + | operated by the department or a toll operator shall be interoperable 146 |
---|
| 198 | + | with all other electronic tolling systems in this state and shall comply 147 |
---|
| 199 | + | with all state and federal interoperability requirements and standards. 148 |
---|
| 200 | + | Such tolling system interoperability shall extend to system technology 149 |
---|
| 201 | + | and the transfer of funds. The Commissioners of Transportation and 150 |
---|
| 202 | + | Motor Vehicles, in consultation with the Commissioner of 151 |
---|
| 203 | + | Administrative Services, shall ensure the coordination and 152 |
---|
| 204 | + | compatibility of information system technology and data of any 153 |
---|
| 205 | + | electronic tolling system. The provisions of chapters 58 and 61 of the 154 |
---|
| 206 | + | general statutes shall not apply to this section. 155 |
---|
| 207 | + | Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 156 |
---|
| 208 | + | subsection (b) of this section, neither the department nor any toll 157 |
---|
| 209 | + | operator shall sell or use any toll customer information or other data 158 |
---|
| 210 | + | for commercial purposes unrelated to the charging, collection and 159 |
---|
| 211 | + | enforcement of tolls, administrative fees and penalties. 160 |
---|
| 212 | + | (b) The department may release toll customer information and other 161 |
---|
| 213 | + | data that does not directly or indirectly identify a toll customer for 162 |
---|
| 214 | + | research purposes authorized by the department. 163 |
---|
| 215 | + | (c) (1) Except as required by applicable law or in connection with an 164 |
---|
| 216 | + | administrative or court proceeding, all information that specifically 165 |
---|
| 217 | + | identifies a toll customer and relates to a specific tolling transaction 166 |
---|
| 218 | + | shall be destroyed not later than one year after the later of the tolling 167 |
---|
| 219 | + | transaction or the collection of the toll, whether through normal 168 |
---|
| 220 | + | processes or enforcement. 169 |
---|
| 221 | + | (2) Except as required by applicable law or in connection with an 170 |
---|
| 222 | + | administrative or court proceeding, all information relating to a toll 171 |
---|
| 223 | + | customer account that specifically identifies a toll customer shall be 172 |
---|
| 224 | + | destroyed not later than one year after the collection of all tolls and 173 Raised Bill No. 7280 |
---|
230 | | - | fees incurred by such toll customer, whether through normal 175 |
---|
231 | | - | processes, enforcement or closing of such account. 176 |
---|
232 | | - | (d) Toll customer information and data shall not be deemed a public 177 |
---|
233 | | - | record, as defined in section 1-200 of the general statutes. 178 |
---|
234 | | - | (e) Toll operators shall be subject to the provisions of chapter 62a of 179 |
---|
235 | | - | the general statutes. 180 |
---|
236 | | - | Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 181 |
---|
237 | | - | the amount of a toll or an associated charge shall be afforded an 182 |
---|
238 | | - | opportunity for a hearing with the department in accordance with the 183 |
---|
239 | | - | provisions of chapter 54 of the general statutes. 184 |
---|
240 | | - | (b) The department, after notice and hearing, may impose a civil 185 |
---|
241 | | - | penalty of not more than twenty-five dollars for a first violation, not 186 |
---|
242 | | - | more than fifty dollars for a second violation and not more than one 187 |
---|
243 | | - | hundred dollars for a third or subsequent violation of a provision of 188 |
---|
244 | | - | the regulations adopted pursuant to section 8 of this act on any of the 189 |
---|
245 | | - | following persons with respect to toll nonpayment, toll evasion or 190 |
---|
246 | | - | related fees: (1) The operator of a motor vehicle on a tolled highway; 191 |
---|
247 | | - | (2) the registered owner of a motor vehicle operated on a tolled 192 |
---|
248 | | - | highway, if other than the operator, if such vehicle was used or 193 |
---|
249 | | - | operated with the express or implied permission of the registered 194 |
---|
250 | | - | owner at the time of the tolling transaction; (3) the lessee of a motor 195 |
---|
251 | | - | vehicle operated on a tolled highway, if other than the operator, if such 196 |
---|
252 | | - | vehicle was used or operated with the express or implied permission 197 |
---|
253 | | - | of the lessee at the time of the tolling transaction; and (4) the lessor of a 198 |
---|
254 | | - | motor vehicle operated on a tolled highway. 199 |
---|
255 | | - | (c) A copy of the motor vehicle rental agreement, lease, other 200 |
---|
256 | | - | contract document or affidavit identifying the lessee of the motor 201 |
---|
257 | | - | vehicle at the time of the tolling transaction shall be prima facie 202 |
---|
258 | | - | evidence that the person named in the rental agreement, lease, other 203 |
---|
259 | | - | contract document or affidavit was operating the motor vehicle at all 204 |
---|
260 | | - | relevant times relating to the tolling transaction. A lessor shall 205 Substitute Bill No. 7280 |
---|
| 228 | + | LCO No. 5006 7 of 21 |
---|
| 229 | + | |
---|
| 230 | + | fees incurred by such toll customer, whether through normal 174 |
---|
| 231 | + | processes, enforcement or closing of such account. 175 |
---|
| 232 | + | (d) Toll customer information and data shall not be deemed a public 176 |
---|
| 233 | + | record, as defined in section 1-200 of the general statutes. 177 |
---|
| 234 | + | (e) Toll operators shall be subject to the provisions of chapter 62a of 178 |
---|
| 235 | + | the general statutes. 179 |
---|
| 236 | + | Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 180 |
---|
| 237 | + | the amount of a toll or an associated charge shall be afforded an 181 |
---|
| 238 | + | opportunity for a hearing with the department in accordance with the 182 |
---|
| 239 | + | provisions of chapter 54 of the general statutes. 183 |
---|
| 240 | + | (b) The department, after notice and hearing, may impose a civil 184 |
---|
| 241 | + | penalty of not more than twenty-five dollars for a first violation, not 185 |
---|
| 242 | + | more than fifty dollars for a second violation and not more than one 186 |
---|
| 243 | + | hundred dollars for a third or subsequent violation of a provision of 187 |
---|
| 244 | + | the regulations adopted pursuant to section 8 of this act on any of the 188 |
---|
| 245 | + | following persons with respect to toll nonpayment, toll evasion or 189 |
---|
| 246 | + | related fees: (1) The operator of a motor vehicle on a tolled highway; 190 |
---|
| 247 | + | (2) the registered owner of a motor vehicle operated on a tolled 191 |
---|
| 248 | + | highway, if other than the operator, if such vehicle was used or 192 |
---|
| 249 | + | operated with the express or implied permission of the registered 193 |
---|
| 250 | + | owner at the time of the tolling transaction; (3) the lessee of a motor 194 |
---|
| 251 | + | vehicle operated on a tolled highway, if other than the operator, if such 195 |
---|
| 252 | + | vehicle was used or operated with the express or implied permission 196 |
---|
| 253 | + | of the lessee at the time of the tolling transaction; and (4) the lessor of a 197 |
---|
| 254 | + | motor vehicle operated on a tolled highway. 198 |
---|
| 255 | + | (c) A copy of the motor vehicle rental agreement, lease, other 199 |
---|
| 256 | + | contract document or affidavit identifying the lessee of the motor 200 |
---|
| 257 | + | vehicle at the time of the tolling transaction shall be prima facie 201 |
---|
| 258 | + | evidence that the person named in the rental agreement, lease, other 202 |
---|
| 259 | + | contract document or affidavit was operating the motor vehicle at all 203 |
---|
| 260 | + | relevant times relating to the tolling transaction. A lessor shall 204 |
---|
| 261 | + | cooperate with the department or the toll operator, as the case may be, 205 Raised Bill No. 7280 |
---|
267 | | - | cooperate with the department or the toll operator, as the case may be, 206 |
---|
268 | | - | in providing the department or toll operator any requested 207 |
---|
269 | | - | information concerning the lessee contained in the lessor's record. 208 |
---|
270 | | - | (d) The Department of Motor Vehicles shall provide the Department 209 |
---|
271 | | - | of Transportation and any toll operator with the information necessary 210 |
---|
272 | | - | to collect tolls and enforce penalties for toll nonpayment, toll evasion 211 |
---|
273 | | - | or other toll-related violations, including, but not limited to, 212 |
---|
274 | | - | information regarding the registered owner of a motor vehicle that was 213 |
---|
275 | | - | operated on a tolled highway and the make of the motor vehicle, the 214 |
---|
276 | | - | motor vehicle's number plate and the name and address of the 215 |
---|
277 | | - | registered owner of the motor vehicle. 216 |
---|
278 | | - | Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 217 |
---|
279 | | - | Transportation shall adopt regulations, in accordance with the 218 |
---|
280 | | - | provisions of chapter 54 of the general statutes, to implement the 219 |
---|
281 | | - | provisions of sections 3 to 7, inclusive, of this act. Such regulations 220 |
---|
282 | | - | may include, but need not be limited to: (1) Provisions to protect and 221 |
---|
283 | | - | appropriately limit access to toll customer information and other data 222 |
---|
284 | | - | collected, received, maintained, archived, accessed and disclosed by 223 |
---|
285 | | - | the department, and (2) the manner in which a transponder or similar 224 |
---|
286 | | - | device shall be located in or on a motor vehicle entering an electronic 225 |
---|
287 | | - | tolling system if such system uses a transponder or similar device. 226 |
---|
288 | | - | (b) The Commissioner of Motor Vehicles, in consultation with the 227 |
---|
289 | | - | Commissioner of Transportation, shall adopt regulations, in 228 |
---|
290 | | - | accordance with the provisions of chapter 54 of the general statutes, to 229 |
---|
291 | | - | implement the provisions of sections 3 to 7, inclusive, of this act. Such 230 |
---|
292 | | - | regulations shall include restrictions on issuing a registration to the 231 |
---|
293 | | - | owner of a motor vehicle who owes tolls for transit over or use of a 232 |
---|
294 | | - | tolled highway or owes administrative charges or penalties for the late 233 |
---|
295 | | - | payment of tolls or toll evasion. 234 |
---|
296 | | - | Sec. 9. (NEW) (Effective from passage) (a) (1) When the Treasurer 235 |
---|
297 | | - | determines the resources of the Special Transportation Fund 236 |
---|
298 | | - | established under section 13b-69 of the general statutes exceed three 237 Substitute Bill No. 7280 |
---|
| 265 | + | LCO No. 5006 8 of 21 |
---|
| 266 | + | |
---|
| 267 | + | in providing the department or toll operator any requested 206 |
---|
| 268 | + | information concerning the lessee contained in the lessor's record. 207 |
---|
| 269 | + | (d) The Department of Motor Vehicles shall provide the Department 208 |
---|
| 270 | + | of Transportation and any toll operator with the information necessary 209 |
---|
| 271 | + | to collect tolls and enforce penalties for toll nonpayment, toll evasion 210 |
---|
| 272 | + | or other toll-related violations, including, but not limited to, 211 |
---|
| 273 | + | information regarding the registered owner of a motor vehicle that was 212 |
---|
| 274 | + | operated on a tolled highway and the make of the motor vehicle, the 213 |
---|
| 275 | + | motor vehicle's number plate and the name and address of the 214 |
---|
| 276 | + | registered owner of the motor vehicle. 215 |
---|
| 277 | + | Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 216 |
---|
| 278 | + | Transportation shall adopt regulations, in accordance with the 217 |
---|
| 279 | + | provisions of chapter 54 of the general statutes, to implement the 218 |
---|
| 280 | + | provisions of sections 3 to 7, inclusive, of this act. Such regulations 219 |
---|
| 281 | + | may include, but need not be limited to: (1) Provisions to protect and 220 |
---|
| 282 | + | appropriately limit access to toll customer information and other data 221 |
---|
| 283 | + | collected, received, maintained, archived, accessed and disclosed by 222 |
---|
| 284 | + | the department, and (2) the manner in which a transponder or similar 223 |
---|
| 285 | + | device shall be located in or on a motor vehicle entering an electronic 224 |
---|
| 286 | + | tolling system if such system uses a transponder or similar device. 225 |
---|
| 287 | + | (b) The Commissioner of Motor Vehicles, in consultation with the 226 |
---|
| 288 | + | Commissioner of Transportation, shall adopt regulations, in 227 |
---|
| 289 | + | accordance with the provisions of chapter 54 of the general statutes, to 228 |
---|
| 290 | + | implement the provisions of sections 3 to 7, inclusive, of this act. Such 229 |
---|
| 291 | + | regulations shall include restrictions on issuing a registration to the 230 |
---|
| 292 | + | owner of a motor vehicle who owes tolls for transit over or use of a 231 |
---|
| 293 | + | tolled highway or owes administrative charges or penalties for the late 232 |
---|
| 294 | + | payment of tolls or toll evasion. 233 |
---|
| 295 | + | Sec. 9. (NEW) (Effective from passage) (a) (1) When the Treasurer 234 |
---|
| 296 | + | determines the resources of the Special Transportation Fund 235 |
---|
| 297 | + | established under section 13b-69 of the general statutes exceed three 236 |
---|
| 298 | + | times the estimated payments of debt service on obligations of the state 237 Raised Bill No. 7280 |
---|
305 | | - | times the estimated payments of debt service on obligations of the state 238 |
---|
306 | | - | incurred for transportation purposes, the Treasurer shall provide 239 |
---|
307 | | - | written notice to the Commissioner of Revenue Services of such 240 |
---|
308 | | - | determination. 241 |
---|
309 | | - | (2) Not later than fifteen days after the commencement of any 242 |
---|
310 | | - | electronic tolling systems on the highways of this state, as defined in 243 |
---|
311 | | - | section 1 of this act, the Commissioner of Transportation shall provide 244 |
---|
312 | | - | written notice to the Commissioner of Revenue Services of the date of 245 |
---|
313 | | - | such commencement. 246 |
---|
314 | | - | (b) Notwithstanding the provisions of subdivision (2) of subsection 247 |
---|
315 | | - | (a) of section 12-458 of the general statutes and section 12-458h of the 248 |
---|
316 | | - | general statutes, on July first after the first full fiscal year that follows 249 |
---|
317 | | - | the later of the notices required under subdivisions (1) and (2) of 250 |
---|
318 | | - | subsection (a) of this section, and for each of the following four fiscal 251 |
---|
319 | | - | years, the amount of the tax imposed by section 12-458 of the general 252 |
---|
320 | | - | statutes shall be decreased by one cent. The Commissioner of Revenue 253 |
---|
321 | | - | Services shall calculate the applicable tax rate per gallon of fuel, as 254 |
---|
322 | | - | defined in section 12-455a of the general statutes, that is sold or used in 255 |
---|
323 | | - | this state and notify each distributor, the chairpersons and ranking 256 |
---|
324 | | - | members of the joint standing committee of the General Assembly 257 |
---|
325 | | - | having cognizance of matters relating to finance, revenue and bonding 258 |
---|
326 | | - | and the Secretary of the Office of Policy and Management of the 259 |
---|
327 | | - | applicable tax rate for each such fiscal year. 260 |
---|
328 | | - | Sec. 10. (NEW) (Effective from passage) (a) There is hereby established 261 |
---|
329 | | - | and created a body politic and corporate, constituting a public 262 |
---|
330 | | - | instrumentality and political subdivision of the state established and 263 |
---|
331 | | - | created for the performance of an essential public and governmental 264 |
---|
332 | | - | function, to be known as the Connecticut Transportation Finance 265 |
---|
333 | | - | Authority. The authority shall not be construed to be a department, 266 |
---|
334 | | - | institution or agency of the state. 267 |
---|
335 | | - | (b) The powers of the authority shall be vested in and exercised by a 268 |
---|
336 | | - | board of directors, which shall consist of thirteen members, appointed 269 Substitute Bill No. 7280 |
---|
| 302 | + | LCO No. 5006 9 of 21 |
---|
| 303 | + | |
---|
| 304 | + | incurred for transportation purposes, the Treasurer shall provide 238 |
---|
| 305 | + | written notice to the Commissioner of Revenue Services of such 239 |
---|
| 306 | + | determination. 240 |
---|
| 307 | + | (2) Not later than fifteen days after the commencement of any 241 |
---|
| 308 | + | electronic tolling systems on the highways of this state, as defined in 242 |
---|
| 309 | + | section 1 of this act, the Commissioner of Transportation shall provide 243 |
---|
| 310 | + | written notice to the Commissioner of Revenue Services of the date of 244 |
---|
| 311 | + | such commencement. 245 |
---|
| 312 | + | (b) Notwithstanding the provisions of subdivision (2) of subsection 246 |
---|
| 313 | + | (a) of section 12-458 of the general statutes and section 12-458h of the 247 |
---|
| 314 | + | general statutes, on July first after the first full fiscal year that follows 248 |
---|
| 315 | + | the later of the notices required under subdivisions (1) and (2) of 249 |
---|
| 316 | + | subsection (a) of this section, and for each of the following four fiscal 250 |
---|
| 317 | + | years, the amount of the tax imposed by section 12-458 of the general 251 |
---|
| 318 | + | statutes shall be decreased by one cent. The Commissioner of Revenue 252 |
---|
| 319 | + | Services shall calculate the applicable tax rate per gallon of fuel, as 253 |
---|
| 320 | + | defined in section 12-455a of the general statutes, that is sold or used in 254 |
---|
| 321 | + | this state and notify each distributor, the chairpersons and ranking 255 |
---|
| 322 | + | members of the joint standing committee of the General Assembly 256 |
---|
| 323 | + | having cognizance of matters relating to finance, revenue and bonding 257 |
---|
| 324 | + | and the Secretary of the Office of Policy and Management of the 258 |
---|
| 325 | + | applicable tax rate for each such fiscal year. 259 |
---|
| 326 | + | Sec. 10. (NEW) (Effective from passage) (a) There is hereby established 260 |
---|
| 327 | + | and created a body politic and corporate, constituting a public 261 |
---|
| 328 | + | instrumentality and political subdivision of the state established and 262 |
---|
| 329 | + | created for the performance of an essential public and governmental 263 |
---|
| 330 | + | function, to be known as the Connecticut Transportation Finance 264 |
---|
| 331 | + | Authority. The authority shall not be construed to be a department, 265 |
---|
| 332 | + | institution or agency of the state. 266 |
---|
| 333 | + | (b) The powers of the authority shall be vested in and exercised by a 267 |
---|
| 334 | + | board of directors, which shall consist of thirteen members, appointed 268 |
---|
| 335 | + | as follows: Three members of the Senate, one appointed by the 269 Raised Bill No. 7280 |
---|
343 | | - | as follows: Three members of the Senate, one appointed by the 270 |
---|
344 | | - | president pro tempore of the Senate, one appointed by the majority 271 |
---|
345 | | - | leader of the Senate and one appointed by the minority leader of the 272 |
---|
346 | | - | Senate; three members of the House of Representatives, one appointed 273 |
---|
347 | | - | by the speaker of the House of Representatives, one appointed by the 274 |
---|
348 | | - | majority leader of the House of Representatives, and one appointed by 275 |
---|
349 | | - | the minority leader of the House of Representatives; the 276 |
---|
350 | | - | Commissioners of Transportation, Economic and Community 277 |
---|
351 | | - | Development, Energy and Environmental Protection and Housing, or 278 |
---|
352 | | - | their designees; the State Treasurer, or the Treasurer's designee; and 279 |
---|
353 | | - | two members appointed by the Governor who shall serve for a term of 280 |
---|
354 | | - | four years. Members of the board who are members of the General 281 |
---|
355 | | - | Assembly shall serve for the terms for which they were elected. The 282 |
---|
356 | | - | board of directors shall select the chairperson from among the 283 |
---|
357 | | - | members of the board, who shall serve for a term of two years. The 284 |
---|
358 | | - | board of directors shall select a vice-chairperson from among its 285 |
---|
359 | | - | members and such other officers as it deems necessary. 286 |
---|
360 | | - | (c) Members of the board of directors, unless otherwise provided, 287 |
---|
361 | | - | may not designate a representative to perform in their absence their 288 |
---|
362 | | - | respective duties under this section and sections 11 and 12 of this act. 289 |
---|
363 | | - | Any vacancy occurring other than by expiration of term shall be filled 290 |
---|
364 | | - | in the same manner as the original appointment for the balance of the 291 |
---|
365 | | - | unexpired term. The appointing authority for any member may 292 |
---|
366 | | - | remove such member for inefficiency, wilful neglect of duty, 293 |
---|
367 | | - | misfeasance or malfeasance. 294 |
---|
368 | | - | (d) The chairperson shall, with the approval of the members of the 295 |
---|
369 | | - | board of directors, appoint an executive director of the authority who 296 |
---|
370 | | - | shall be an employee of the authority and paid a salary prescribed by 297 |
---|
371 | | - | the members. The executive director shall supervise the administrative 298 |
---|
372 | | - | affairs and technical activities of the authority in accordance with the 299 |
---|
373 | | - | directives of the board. 300 |
---|
374 | | - | (e) Members may engage in private employment, or in a profession 301 |
---|
375 | | - | or business, subject to any applicable laws, rules and regulations of the 302 Substitute Bill No. 7280 |
---|
| 339 | + | LCO No. 5006 10 of 21 |
---|
| 340 | + | |
---|
| 341 | + | president pro tempore of the Senate, one appointed by the majority 270 |
---|
| 342 | + | leader of the Senate and one appointed by the minority leader of the 271 |
---|
| 343 | + | Senate; three members of the House of Representatives, one appointed 272 |
---|
| 344 | + | by the speaker of the House of Representatives, one appointed by the 273 |
---|
| 345 | + | majority leader of the House of Representatives, and one appointed by 274 |
---|
| 346 | + | the minority leader of the House of Representatives; the 275 |
---|
| 347 | + | Commissioners of Transportation, Economic and Community 276 |
---|
| 348 | + | Development, Energy and Environmental Protection and Housing, or 277 |
---|
| 349 | + | their designees; the State Treasurer, or the Treasurer's designee; and 278 |
---|
| 350 | + | two members appointed by the Governor who shall serve for a term of 279 |
---|
| 351 | + | four years. Members of the board who are members of the General 280 |
---|
| 352 | + | Assembly shall serve for the terms for which they were elected. The 281 |
---|
| 353 | + | board of directors shall select the chairperson from among the 282 |
---|
| 354 | + | members of the board, who shall serve for a term of two years. The 283 |
---|
| 355 | + | board of directors shall select a vice-chairperson from among its 284 |
---|
| 356 | + | members and such other officers as it deems necessary. 285 |
---|
| 357 | + | (c) Members of the board of directors, unless otherwise provided, 286 |
---|
| 358 | + | may not designate a representative to perform in their absence their 287 |
---|
| 359 | + | respective duties under this section and sections 11 and 12 of this act. 288 |
---|
| 360 | + | Any vacancy occurring other than by expiration of term shall be filled 289 |
---|
| 361 | + | in the same manner as the original appointment for the balance of the 290 |
---|
| 362 | + | unexpired term. The appointing authority for any member may 291 |
---|
| 363 | + | remove such member for inefficiency, wilful neglect of duty, 292 |
---|
| 364 | + | misfeasance or malfeasance. 293 |
---|
| 365 | + | (d) The chairperson shall, with the approval of the members of the 294 |
---|
| 366 | + | board of directors, appoint an executive director of the authority who 295 |
---|
| 367 | + | shall be an employee of the authority and paid a salary prescribed by 296 |
---|
| 368 | + | the members. The executive director shall supervise the administrative 297 |
---|
| 369 | + | affairs and technical activities of the authority in accordance with the 298 |
---|
| 370 | + | directives of the board. 299 |
---|
| 371 | + | (e) Members may engage in private employment, or in a profession 300 |
---|
| 372 | + | or business, subject to any applicable laws, rules and regulations of the 301 |
---|
| 373 | + | state regarding official ethics or conflict of interest. 302 Raised Bill No. 7280 |
---|
382 | | - | state regarding official ethics or conflict of interest. 303 |
---|
383 | | - | (f) Seven members of the board of directors of the authority, 304 |
---|
384 | | - | provided three such members are members of the General Assembly, 305 |
---|
385 | | - | shall constitute a quorum for the transaction of any business or the 306 |
---|
386 | | - | exercise of any power of the authority. For the transaction of any 307 |
---|
387 | | - | business or the exercise of any power of the authority, and except as 308 |
---|
388 | | - | otherwise provided in this section and sections 11 and 12 of this act, 309 |
---|
389 | | - | the authority may act by a majority of the members present at any 310 |
---|
390 | | - | meeting at which a quorum is in attendance. 311 |
---|
391 | | - | (g) The authority shall continue as long as it has bonds or other 312 |
---|
392 | | - | obligations outstanding and until its existence is terminated by law, 313 |
---|
393 | | - | provided no such termination shall affect any outstanding contractual 314 |
---|
394 | | - | obligation of the authority and the state shall succeed to the obligations 315 |
---|
395 | | - | of the authority under any contract. Upon the termination of the 316 |
---|
396 | | - | existence of the authority, all its rights and properties shall pass to and 317 |
---|
397 | | - | be vested in the state of Connecticut. 318 |
---|
398 | | - | (h) It shall not constitute a conflict of interest for a trustee, director, 319 |
---|
399 | | - | partner or officer of any person, firm or corporation, or any individual 320 |
---|
400 | | - | having a financial interest in a person, firm or corporation, to serve as a 321 |
---|
401 | | - | member of the board of directors of the authority, provided such 322 |
---|
402 | | - | trustee, director, partner, officer or individual shall comply with all 323 |
---|
403 | | - | applicable provisions of chapter 10 of the general statutes. 324 |
---|
404 | | - | Sec. 11. (NEW) (Effective from passage) (a) The purposes of the 325 |
---|
405 | | - | Connecticut Transportation Finance Authority shall be to: 326 |
---|
406 | | - | (1) Approve the state-wide transportation improvement plan, the 327 |
---|
407 | | - | five-year transportation capital plan for the state and the long-range 328 |
---|
408 | | - | transportation plan developed by the Department of Transportation 329 |
---|
409 | | - | after evaluating whether such plans assure the development and 330 |
---|
410 | | - | maintenance of an adequate, safe and efficient transportation system 331 |
---|
411 | | - | that meets the present and future transportation needs of the state and 332 |
---|
412 | | - | assessing the impact of such plans on economic development, transit-333 Substitute Bill No. 7280 |
---|
| 377 | + | LCO No. 5006 11 of 21 |
---|
| 378 | + | |
---|
| 379 | + | (f) Seven members of the board of directors of the authority, 303 |
---|
| 380 | + | provided three such members are members of the General Assembly, 304 |
---|
| 381 | + | shall constitute a quorum for the transaction of any business or the 305 |
---|
| 382 | + | exercise of any power of the authority. For the transaction of any 306 |
---|
| 383 | + | business or the exercise of any power of the authority, and except as 307 |
---|
| 384 | + | otherwise provided in this section and sections 11 and 12 of this act, 308 |
---|
| 385 | + | the authority may act by a majority of the members present at any 309 |
---|
| 386 | + | meeting at which a quorum is in attendance. 310 |
---|
| 387 | + | (g) The authority shall continue as long as it has bonds or other 311 |
---|
| 388 | + | obligations outstanding and until its existence is terminated by law, 312 |
---|
| 389 | + | provided no such termination shall affect any outstanding contractual 313 |
---|
| 390 | + | obligation of the authority and the state shall succeed to the obligations 314 |
---|
| 391 | + | of the authority under any contract. Upon the termination of the 315 |
---|
| 392 | + | existence of the authority, all its rights and properties shall pass to and 316 |
---|
| 393 | + | be vested in the state of Connecticut. 317 |
---|
| 394 | + | (h) It shall not constitute a conflict of interest for a trustee, director, 318 |
---|
| 395 | + | partner or officer of any person, firm or corporation, or any individual 319 |
---|
| 396 | + | having a financial interest in a person, firm or corporation, to serve as a 320 |
---|
| 397 | + | member of the board of directors of the authority, provided such 321 |
---|
| 398 | + | trustee, director, partner, officer or individual shall comply with all 322 |
---|
| 399 | + | applicable provisions of chapter 10 of the general statutes. 323 |
---|
| 400 | + | Sec. 11. (NEW) (Effective from passage) (a) The purposes of the 324 |
---|
| 401 | + | Connecticut Transportation Finance Authority shall be to: 325 |
---|
| 402 | + | (1) Approve the state-wide transportation improvement plan, the 326 |
---|
| 403 | + | five-year transportation capital plan for the state and the long-range 327 |
---|
| 404 | + | transportation plan developed by the Department of Transportation 328 |
---|
| 405 | + | after evaluating whether such plans assure the development and 329 |
---|
| 406 | + | maintenance of an adequate, safe and efficient transportation system 330 |
---|
| 407 | + | that meets the present and future transportation needs of the state and 331 |
---|
| 408 | + | assessing the impact of such plans on economic development, transit-332 |
---|
| 409 | + | oriented development, housing development, access to employment, 333 |
---|
| 410 | + | the environment and the specific needs of the geographic areas of the 334 Raised Bill No. 7280 |
---|
419 | | - | oriented development, housing development, access to employment, 334 |
---|
420 | | - | the environment and the specific needs of the geographic areas of the 335 |
---|
421 | | - | state; 336 |
---|
422 | | - | (2) Establish a Connecticut Transportation Infrastructure Bank to 337 |
---|
423 | | - | assist in financing transportation infrastructure projects by providing 338 |
---|
424 | | - | loans and other financial assistance to public and private entities in 339 |
---|
425 | | - | order to improve transportation infrastructure in the state, including, 340 |
---|
426 | | - | but not limited to, the acquisition, removal, construction, equipping, 341 |
---|
427 | | - | reconstruction, repair, rehabilitation and improvement of, and 342 |
---|
428 | | - | acquisition of easements and rights-of-ways with respect to, roadways, 343 |
---|
429 | | - | highways, bridges, commuter and freight railways, transit and 344 |
---|
430 | | - | intermodal systems, airports and aeronautic facilities, ports, harbors 345 |
---|
431 | | - | and navigable waterways; and 346 |
---|
432 | | - | (3) After a tolling proposal to implement electronic tolling systems 347 |
---|
433 | | - | is approved or deemed approved by the General Assembly pursuant 348 |
---|
434 | | - | to section 2 of this act, establish and adjust, as necessary, toll rates for 349 |
---|
435 | | - | transit over or use of the highways, of portions thereof, so as to 350 |
---|
436 | | - | provide, at a minimum, funding that is sufficient to: (A) Pay costs 351 |
---|
437 | | - | related to tolled highways in this state, including, but not limited to, 352 |
---|
438 | | - | the cost of owning, maintaining, repairing, reconstructing, improving, 353 |
---|
439 | | - | rehabilitating, using, administering, controlling and operating such 354 |
---|
440 | | - | highways; (B) pay the principal of, redemption premium, if any, and 355 |
---|
441 | | - | interest on notes or bonds relating to tolled highways, as such 356 |
---|
442 | | - | principal, premium or interest become due and payable; and (C) create 357 |
---|
443 | | - | and maintain reserves established for any of the Department of 358 |
---|
444 | | - | Transportation's highway and bridge responsibilities under titles 13a 359 |
---|
445 | | - | and 13b of the general statutes for the operation and maintenance of 360 |
---|
446 | | - | tolled highways. Such sufficiency of funding may take into account the 361 |
---|
447 | | - | availability of funds from other sources. Prior to fixing or adjusting the 362 |
---|
448 | | - | amount of tolls for transit over or use of the highways, or portions 363 |
---|
449 | | - | thereof, the authority shall hold not less than one public hearing. 364 |
---|
450 | | - | (b) For such purposes, the authority is authorized and empowered 365 |
---|
451 | | - | to: 366 Substitute Bill No. 7280 |
---|
| 414 | + | LCO No. 5006 12 of 21 |
---|
| 415 | + | |
---|
| 416 | + | state; 335 |
---|
| 417 | + | (2) Establish a Connecticut Transportation Infrastructure Bank to 336 |
---|
| 418 | + | assist in financing transportation infrastructure projects by providing 337 |
---|
| 419 | + | loans and other financial assistance to public and private entities in 338 |
---|
| 420 | + | order to improve transportation infrastructure in the state, including, 339 |
---|
| 421 | + | but not limited to, the acquisition, removal, construction, equipping, 340 |
---|
| 422 | + | reconstruction, repair, rehabilitation and improvement of, and 341 |
---|
| 423 | + | acquisition of easements and rights-of-ways with respect to, roadways, 342 |
---|
| 424 | + | highways, bridges, commuter and freight railways, transit and 343 |
---|
| 425 | + | intermodal systems, airports and aeronautic facilities, ports, harbors 344 |
---|
| 426 | + | and navigable waterways; and 345 |
---|
| 427 | + | (3) After a tolling proposal to implement electronic tolling systems 346 |
---|
| 428 | + | is approved or deemed approved by the General Assembly pursuant 347 |
---|
| 429 | + | to section 2 of this act, establish and adjust, as necessary, toll rates for 348 |
---|
| 430 | + | transit over or use of the highways, of portions thereof, so as to 349 |
---|
| 431 | + | provide, at a minimum, funding that is sufficient to: (A) Pay costs 350 |
---|
| 432 | + | related to tolled highways in this state, including, but not limited to, 351 |
---|
| 433 | + | the cost of owning, maintaining, repairing, reconstructing, improving, 352 |
---|
| 434 | + | rehabilitating, using, administering, controlling and operating such 353 |
---|
| 435 | + | highways; (B) pay the principal of, redemption premium, if any, and 354 |
---|
| 436 | + | interest on notes or bonds relating to tolled highways, as such 355 |
---|
| 437 | + | principal, premium or interest become due and payable; and (C) create 356 |
---|
| 438 | + | and maintain reserves established for any of the Department of 357 |
---|
| 439 | + | Transportation's highway and bridge responsibilities under titles 13a 358 |
---|
| 440 | + | and 13b of the general statutes for the operation and maintenance of 359 |
---|
| 441 | + | tolled highways. Such sufficiency of funding may take into account the 360 |
---|
| 442 | + | availability of funds from other sources. Prior to fixing or adjusting the 361 |
---|
| 443 | + | amount of tolls for transit over or use of the highways, or portions 362 |
---|
| 444 | + | thereof, the authority shall hold not less than one public hearing. 363 |
---|
| 445 | + | (b) For such purposes, the authority is authorized and empowered 364 |
---|
| 446 | + | to: 365 |
---|
| 447 | + | (1) Have perpetual succession as a body politic and corporate and to 366 Raised Bill No. 7280 |
---|
458 | | - | (1) Have perpetual succession as a body politic and corporate and to 367 |
---|
459 | | - | adopt bylaws for the regulation of its affairs and the conduct of its 368 |
---|
460 | | - | business; 369 |
---|
461 | | - | (2) Adopt an official seal and alter the same at pleasure; 370 |
---|
462 | | - | (3) Maintain an office at such place or places as it may designate; 371 |
---|
463 | | - | (4) Sue and be sued in its own name, and plead and be impleaded; 372 |
---|
464 | | - | (5) (A) Employ such assistants, agents and other employees as may 373 |
---|
465 | | - | be necessary or desirable who shall be employees, as defined in 374 |
---|
466 | | - | subsection (b) of section 5-270 of the general statutes; (B) establish all 375 |
---|
467 | | - | necessary or appropriate personnel practices and policies, including 376 |
---|
468 | | - | those relating to hiring, promotion, compensation, retirement and 377 |
---|
469 | | - | collective bargaining, which shall be in accordance with chapter 68 of 378 |
---|
470 | | - | the general statutes, and the authority shall be an employer as defined 379 |
---|
471 | | - | in subsection (a) of section 5-270 of the general statutes; and (C) engage 380 |
---|
472 | | - | consultants, attorneys and appraisers as may be necessary or desirable 381 |
---|
473 | | - | to carry out its purposes in accordance with this section and sections 382 |
---|
474 | | - | 10, 12 and 13 of this act; 383 |
---|
475 | | - | (6) Issue bonds, bond anticipation notes and other obligations of the 384 |
---|
476 | | - | authority for any of its corporate purposes, and to fund or refund the 385 |
---|
477 | | - | same and provide for the rights of the holders thereof, and to secure 386 |
---|
478 | | - | the same by pledge or revenues, notes and mortgages of others; 387 |
---|
479 | | - | (7) Receive and accept aid or contributions from any source of 388 |
---|
480 | | - | money, property, labor or other things of value, to be held, used and 389 |
---|
481 | | - | applied to carry out the purposes of this section and sections 10, 12 and 390 |
---|
482 | | - | 13 of this act subject to such conditions upon which such grants and 391 |
---|
483 | | - | contributions may be made, including, but not limited to, gifts or 392 |
---|
484 | | - | grants from any department, agency or instrumentality of the United 393 |
---|
485 | | - | States or this state for any purpose consistent with this section and 394 |
---|
486 | | - | sections 10, 12 and 13 of this act; 395 |
---|
487 | | - | (8) Borrow money for the purpose of obtaining working capital; 396 Substitute Bill No. 7280 |
---|
| 451 | + | LCO No. 5006 13 of 21 |
---|
| 452 | + | |
---|
| 453 | + | adopt bylaws for the regulation of its affairs and the conduct of its 367 |
---|
| 454 | + | business; 368 |
---|
| 455 | + | (2) Adopt an official seal and alter the same at pleasure; 369 |
---|
| 456 | + | (3) Maintain an office at such place or places as it may designate; 370 |
---|
| 457 | + | (4) Sue and be sued in its own name, and plead and be impleaded; 371 |
---|
| 458 | + | (5) (A) Employ such assistants, agents and other employees as may 372 |
---|
| 459 | + | be necessary or desirable who shall be employees, as defined in 373 |
---|
| 460 | + | subsection (b) of section 5-270 of the general statutes; (B) establish all 374 |
---|
| 461 | + | necessary or appropriate personnel practices and policies, including 375 |
---|
| 462 | + | those relating to hiring, promotion, compensation, retirement and 376 |
---|
| 463 | + | collective bargaining, which shall be in accordance with chapter 68 of 377 |
---|
| 464 | + | the general statutes, and the authority shall be an employer as defined 378 |
---|
| 465 | + | in subsection (a) of section 5-270 of the general statutes; and (C) engage 379 |
---|
| 466 | + | consultants, attorneys and appraisers as may be necessary or desirable 380 |
---|
| 467 | + | to carry out its purposes in accordance with this section and sections 381 |
---|
| 468 | + | 10, 12 and 13 of this act; 382 |
---|
| 469 | + | (6) Issue bonds, bond anticipation notes and other obligations of the 383 |
---|
| 470 | + | authority for any of its corporate purposes, and to fund or refund the 384 |
---|
| 471 | + | same and provide for the rights of the holders thereof, and to secure 385 |
---|
| 472 | + | the same by pledge or revenues, notes and mortgages of others; 386 |
---|
| 473 | + | (7) Receive and accept aid or contributions from any source of 387 |
---|
| 474 | + | money, property, labor or other things of value, to be held, used and 388 |
---|
| 475 | + | applied to carry out the purposes of this section and sections 10, 12 and 389 |
---|
| 476 | + | 13 of this act subject to such conditions upon which such grants and 390 |
---|
| 477 | + | contributions may be made, including, but not limited to, gifts or 391 |
---|
| 478 | + | grants from any department, agency or instrumentality of the United 392 |
---|
| 479 | + | States or this state for any purpose consistent with this section and 393 |
---|
| 480 | + | sections 10, 12 and 13 of this act; 394 |
---|
| 481 | + | (8) Borrow money for the purpose of obtaining working capital; 395 |
---|
| 482 | + | (9) Make and enter into all contracts and agreements necessary or 396 Raised Bill No. 7280 |
---|
494 | | - | (9) Make and enter into all contracts and agreements necessary or 397 |
---|
495 | | - | incidental to the performance of its duties and the execution of its 398 |
---|
496 | | - | powers under this section and sections 10, 12 and 13 of this act, 399 |
---|
497 | | - | including contracts and agreements for the establishment of the 400 |
---|
498 | | - | Connecticut Transportation Infrastructure Bank and for the provision 401 |
---|
499 | | - | of professional services as the authority deems necessary, including, 402 |
---|
500 | | - | but not limited to, financial consultants, bond counsel, underwriters 403 |
---|
501 | | - | and technical specialists; 404 |
---|
502 | | - | (10) Acquire, lease, purchase, own, manage, hold and dispose of 405 |
---|
503 | | - | personal property, and lease, convey or deal in or enter into 406 |
---|
504 | | - | agreements with respect to such property on any terms necessary or 407 |
---|
505 | | - | incidental to the carrying out of these purposes; 408 |
---|
506 | | - | (11) Invest in, acquire, lease, purchase, own, manage, hold and 409 |
---|
507 | | - | dispose of real property and lease, convey or deal in or enter into 410 |
---|
508 | | - | agreements with respect to such property on any terms necessary or 411 |
---|
509 | | - | incidental to carrying out the purposes of this section and sections 10, 412 |
---|
510 | | - | 12 and 13 of this act, provided such transactions shall not be subject to 413 |
---|
511 | | - | approval, review or regulation by any state agency pursuant to title 4b 414 |
---|
512 | | - | of the general statutes or any other provision of the general statutes; 415 |
---|
513 | | - | (12) Procure insurance against any liability or loss in connection 416 |
---|
514 | | - | with its property and other assets, in such amounts and from such 417 |
---|
515 | | - | insurers as it deems desirable and to procure insurance for employees; 418 |
---|
516 | | - | (13) Account for and audit funds of the authority and funds of any 419 |
---|
517 | | - | recipients of funds from the authority; 420 |
---|
518 | | - | (14) Establish advisory committees to assist in accomplishing its 421 |
---|
519 | | - | duties under this section and sections 10, 12 and 13 of this act, which 422 |
---|
520 | | - | may include one or more members of the board of directors and 423 |
---|
521 | | - | persons other than members; 424 |
---|
522 | | - | (15) Pursue public-private partnerships for the design, 425 |
---|
523 | | - | development, operation or maintenance of transportation systems, 426 |
---|
524 | | - | transit-oriented development and related infrastructure; and 427 Substitute Bill No. 7280 |
---|
| 486 | + | LCO No. 5006 14 of 21 |
---|
| 487 | + | |
---|
| 488 | + | incidental to the performance of its duties and the execution of its 397 |
---|
| 489 | + | powers under this section and sections 10, 12 and 13 of this act, 398 |
---|
| 490 | + | including contracts and agreements for the establishment of the 399 |
---|
| 491 | + | Connecticut Transportation Infrastructure Bank and for the provision 400 |
---|
| 492 | + | of professional services as the authority deems necessary, including, 401 |
---|
| 493 | + | but not limited to, financial consultants, bond counsel, underwriters 402 |
---|
| 494 | + | and technical specialists; 403 |
---|
| 495 | + | (10) Acquire, lease, purchase, own, manage, hold and dispose of 404 |
---|
| 496 | + | personal property, and lease, convey or deal in or enter into 405 |
---|
| 497 | + | agreements with respect to such property on any terms necessary or 406 |
---|
| 498 | + | incidental to the carrying out of these purposes; 407 |
---|
| 499 | + | (11) Invest in, acquire, lease, purchase, own, manage, hold and 408 |
---|
| 500 | + | dispose of real property and lease, convey or deal in or enter into 409 |
---|
| 501 | + | agreements with respect to such property on any terms necessary or 410 |
---|
| 502 | + | incidental to carrying out the purposes of this section and sections 10, 411 |
---|
| 503 | + | 12 and 13 of this act, provided such transactions shall not be subject to 412 |
---|
| 504 | + | approval, review or regulation by any state agency pursuant to title 4b 413 |
---|
| 505 | + | of the general statutes or any other provision of the general statutes; 414 |
---|
| 506 | + | (12) Procure insurance against any liability or loss in connection 415 |
---|
| 507 | + | with its property and other assets, in such amounts and from such 416 |
---|
| 508 | + | insurers as it deems desirable and to procure insurance for employees; 417 |
---|
| 509 | + | (13) Account for and audit funds of the authority and funds of any 418 |
---|
| 510 | + | recipients of funds from the authority; 419 |
---|
| 511 | + | (14) Establish advisory committees to assist in accomplishing its 420 |
---|
| 512 | + | duties under this section and sections 10, 12 and 13 of this act, which 421 |
---|
| 513 | + | may include one or more members of the board of directors and 422 |
---|
| 514 | + | persons other than members; 423 |
---|
| 515 | + | (15) Pursue public-private partnerships for the design, 424 |
---|
| 516 | + | development, operation or maintenance of transportation systems, 425 |
---|
| 517 | + | transit-oriented development and related infrastructure; and 426 Raised Bill No. 7280 |
---|
531 | | - | (16) Do all acts and things necessary or convenient to carry out the 428 |
---|
532 | | - | purposes of this section and sections 10, 12 and 13 of this act and the 429 |
---|
533 | | - | powers expressly granted by said sections. 430 |
---|
534 | | - | Sec. 12. (NEW) (Effective from passage) The members of the board of 431 |
---|
535 | | - | directors of the Connecticut Transportation Finance Authority shall 432 |
---|
536 | | - | adopt written procedures, in accordance with the provisions of section 433 |
---|
537 | | - | 1-121 of the general statutes, for: (1) Adopting an annual budget and 434 |
---|
538 | | - | plan of operations, including a requirement of board approval before 435 |
---|
539 | | - | the budget or plan may take effect; (2) hiring, dismissing, promoting 436 |
---|
540 | | - | and compensating employees of the authority, including an 437 |
---|
541 | | - | affirmative action policy and a requirement of board approval before a 438 |
---|
542 | | - | position may be created or a vacancy filled; (3) acquiring real and 439 |
---|
543 | | - | personal property and personal services, including a requirement of 440 |
---|
544 | | - | board approval for any nonbudgeted expenditure in excess of an 441 |
---|
545 | | - | amount to be determined by the board; (4) contracting for financial, 442 |
---|
546 | | - | legal, bond underwriting and other professional services, including a 443 |
---|
547 | | - | requirement that the authority solicit proposals at least once every 444 |
---|
548 | | - | three years for each such service that it uses; (5) issuing and retiring 445 |
---|
549 | | - | bonds, bond anticipation notes and other obligations of the authority; 446 |
---|
550 | | - | (6) awarding loans, grants and other financial assistance, including 447 |
---|
551 | | - | eligibility criteria, the application process and the role played by the 448 |
---|
552 | | - | authority's staff and board of directors; (7) the use of surplus funds to 449 |
---|
553 | | - | the extent authorized under this section and sections 10 and 11 of this 450 |
---|
554 | | - | act or other provisions of the general statutes; and (8) with regards to 451 |
---|
555 | | - | toll rates for transit over or use of the highways, or portions thereof, 452 |
---|
556 | | - | establishing (A) variable toll rates that take into consideration the day 453 |
---|
557 | | - | of the week, level of congestion or anticipated congestion, (B) different 454 |
---|
558 | | - | fees based on the type of vehicle classification, size, weight, number of 455 |
---|
559 | | - | axles or vehicle occupancy, (C) discounts and credits to a toll customer 456 |
---|
560 | | - | account for persons with a transponder or similar technology issued 457 |
---|
561 | | - | by the Department of Transportation or a toll operator, (D) exemptions 458 |
---|
562 | | - | for certain types of motor vehicles, including, but not limited to, high-459 |
---|
563 | | - | occupancy vehicles, motor vehicles leased or owned by the state, 460 |
---|
564 | | - | motor vehicles used by a law enforcement unit, firefighter or a 461 Substitute Bill No. 7280 |
---|
| 521 | + | LCO No. 5006 15 of 21 |
---|
| 522 | + | |
---|
| 523 | + | (16) Do all acts and things necessary or convenient to carry out the 427 |
---|
| 524 | + | purposes of this section and sections 10, 12 and 13 of this act and the 428 |
---|
| 525 | + | powers expressly granted by said sections. 429 |
---|
| 526 | + | Sec. 12. (NEW) (Effective from passage) The members of the board of 430 |
---|
| 527 | + | directors of the Connecticut Transportation Finance Authority shall 431 |
---|
| 528 | + | adopt written procedures, in accordance with the provisions of section 432 |
---|
| 529 | + | 1-121 of the general statutes, for: (1) Adopting an annual budget and 433 |
---|
| 530 | + | plan of operations, including a requirement of board approval before 434 |
---|
| 531 | + | the budget or plan may take effect; (2) hiring, dismissing, promoting 435 |
---|
| 532 | + | and compensating employees of the authority, including an 436 |
---|
| 533 | + | affirmative action policy and a requirement of board approval before a 437 |
---|
| 534 | + | position may be created or a vacancy filled; (3) acquiring real and 438 |
---|
| 535 | + | personal property and personal services, including a requirement of 439 |
---|
| 536 | + | board approval for any nonbudgeted expenditure in excess of an 440 |
---|
| 537 | + | amount to be determined by the board; (4) contracting for financial, 441 |
---|
| 538 | + | legal, bond underwriting and other professional services, including a 442 |
---|
| 539 | + | requirement that the authority solicit proposals at least once every 443 |
---|
| 540 | + | three years for each such service that it uses; (5) issuing and retiring 444 |
---|
| 541 | + | bonds, bond anticipation notes and other obligations of the authority; 445 |
---|
| 542 | + | (6) awarding loans, grants and other financial assistance, including 446 |
---|
| 543 | + | eligibility criteria, the application process and the role played by the 447 |
---|
| 544 | + | authority's staff and board of directors; (7) the use of surplus funds to 448 |
---|
| 545 | + | the extent authorized under this section and sections 10 and 11 of this 449 |
---|
| 546 | + | act or other provisions of the general statutes; and (8) with regards to 450 |
---|
| 547 | + | toll rates for transit over or use of the highways, or portions thereof, 451 |
---|
| 548 | + | establishing (A) variable toll rates that take into consideration the day 452 |
---|
| 549 | + | of the week, level of congestion or anticipated congestion, (B) different 453 |
---|
| 550 | + | fees based on the type of vehicle classification, size, weight, number of 454 |
---|
| 551 | + | axles or vehicle occupancy, (C) discounts and credits to a toll customer 455 |
---|
| 552 | + | account for persons with a transponder or similar technology issued 456 |
---|
| 553 | + | by the Department of Transportation or a toll operator, (D) exemptions 457 |
---|
| 554 | + | for certain types of motor vehicles, including, but not limited to, high-458 |
---|
| 555 | + | occupancy vehicles, motor vehicles leased or owned by the state, 459 |
---|
| 556 | + | motor vehicles used by a law enforcement unit, firefighter or a 460 Raised Bill No. 7280 |
---|
571 | | - | member of an emergency medical service organization and motor 462 |
---|
572 | | - | vehicles used to provide public transit services, (E) surcharges, 463 |
---|
573 | | - | premiums or additional fees for designated users or classes of users of 464 |
---|
574 | | - | a tolled highway who travel on such highway without a transponder 465 |
---|
575 | | - | or similar technology issued by the department or a toll operator, and 466 |
---|
576 | | - | (F) administrative charges and penalties for the late payment of tolls 467 |
---|
577 | | - | and toll evasion, which shall be not more than twenty-five dollars for a 468 |
---|
578 | | - | first violation, not more than fifty dollars for a second violation and 469 |
---|
579 | | - | not more than one hundred dollars for a third or subsequent violation. 470 |
---|
580 | | - | Sec. 13. (NEW) (Effective from passage) There is established a 471 |
---|
581 | | - | Connecticut Transportation Infrastructure Bank Fund, which shall be 472 |
---|
582 | | - | within the Connecticut Transportation Finance Authority. The fund 473 |
---|
583 | | - | may receive any amount required by law to be deposited into the fund, 474 |
---|
584 | | - | including, but not limited to, payments of principal and interest on any 475 |
---|
585 | | - | loans, investment earnings, proceeds from the issuance of bonds and 476 |
---|
586 | | - | any federal funds as may become available to the state for 477 |
---|
587 | | - | transportation infrastructure investments. Any balance remaining in 478 |
---|
588 | | - | the fund at the end of any fiscal year shall be carried forward for the 479 |
---|
589 | | - | next fiscal year. The fund shall be used by the Connecticut 480 |
---|
590 | | - | Transportation Finance Authority for expenditures that promote 481 |
---|
591 | | - | investment in transportation infrastructure projects. Such expenditures 482 |
---|
592 | | - | may include, but need not be limited to: (1) Providing low interest 483 |
---|
593 | | - | loans or other financial assistance for the purpose of financing all or a 484 |
---|
594 | | - | portion of the costs incurred for the acquisition, removal, construction, 485 |
---|
595 | | - | equipping, reconstruction, repair, rehabilitation and improvement of a 486 |
---|
596 | | - | transportation infrastructure project, (2) reimbursement of the 487 |
---|
597 | | - | operating expenses, including administrative expenses incurred by the 488 |
---|
598 | | - | authority, and (3) capital costs incurred by the authority in connection 489 |
---|
599 | | - | with the operation of the fund, other permitted activities of the 490 |
---|
600 | | - | Connecticut Transportation Infrastructure Bank, grants, direct or 491 |
---|
601 | | - | equity investments, contracts or other actions that support 492 |
---|
602 | | - | transportation infrastructure projects in the state. 493 |
---|
603 | | - | Sec. 14. Subdivision (12) of section 1-79 of the general statutes is 494 Substitute Bill No. 7280 |
---|
| 560 | + | LCO No. 5006 16 of 21 |
---|
| 561 | + | |
---|
| 562 | + | member of an emergency medical service organization and motor 461 |
---|
| 563 | + | vehicles used to provide public transit services, (E) surcharges, 462 |
---|
| 564 | + | premiums or additional fees for designated users or classes of users of 463 |
---|
| 565 | + | a tolled highway who travel on such highway without a transponder 464 |
---|
| 566 | + | or similar technology issued by the department or a toll operator, and 465 |
---|
| 567 | + | (F) administrative charges and penalties for the late payment of tolls 466 |
---|
| 568 | + | and toll evasion, which shall be not more than twenty-five dollars for a 467 |
---|
| 569 | + | first violation, not more than fifty dollars for a second violation and 468 |
---|
| 570 | + | not more than one hundred dollars for a third or subsequent violation. 469 |
---|
| 571 | + | Sec. 13. (NEW) (Effective from passage) There is established a 470 |
---|
| 572 | + | Connecticut Transportation Infrastructure Bank Fund, which shall be 471 |
---|
| 573 | + | within the Connecticut Transportation Finance Authority. The fund 472 |
---|
| 574 | + | may receive any amount required by law to be deposited into the fund, 473 |
---|
| 575 | + | including, but not limited to, payments of principal and interest on any 474 |
---|
| 576 | + | loans, investment earnings, proceeds from the issuance of bonds and 475 |
---|
| 577 | + | any federal funds as may become available to the state for 476 |
---|
| 578 | + | transportation infrastructure investments. Any balance remaining in 477 |
---|
| 579 | + | the fund at the end of any fiscal year shall be carried forward for the 478 |
---|
| 580 | + | next fiscal year. The fund shall be used by the Connecticut 479 |
---|
| 581 | + | Transportation Finance Authority for expenditures that promote 480 |
---|
| 582 | + | investment in transportation infrastructure projects. Such expenditures 481 |
---|
| 583 | + | may include, but need not be limited to: (1) Providing low interest 482 |
---|
| 584 | + | loans or other financial assistance for the purpose of financing all or a 483 |
---|
| 585 | + | portion of the costs incurred for the acquisition, removal, construction, 484 |
---|
| 586 | + | equipping, reconstruction, repair, rehabilitation and improvement of a 485 |
---|
| 587 | + | transportation infrastructure project, (2) reimbursement of the 486 |
---|
| 588 | + | operating expenses, including administrative expenses incurred by the 487 |
---|
| 589 | + | authority, and (3) capital costs incurred by the authority in connection 488 |
---|
| 590 | + | with the operation of the fund, other permitted activities of the 489 |
---|
| 591 | + | Connecticut Transportation Infrastructure Bank, grants, direct or 490 |
---|
| 592 | + | equity investments, contracts or other actions that support 491 |
---|
| 593 | + | transportation infrastructure projects in the state. 492 |
---|
| 594 | + | Sec. 14. Subdivision (12) of section 1-79 of the general statutes is 493 |
---|
| 595 | + | repealed and the following is substituted in lieu thereof (Effective from 494 Raised Bill No. 7280 |
---|
610 | | - | repealed and the following is substituted in lieu thereof (Effective from 495 |
---|
611 | | - | passage): 496 |
---|
612 | | - | (12) "Quasi-public agency" means Connecticut Innovations, 497 |
---|
613 | | - | Incorporated, the Connecticut Health and Education Facilities 498 |
---|
614 | | - | Authority, the Connecticut Higher Education Supplemental Loan 499 |
---|
615 | | - | Authority, the Connecticut Student Loan Foundation, the Connecticut 500 |
---|
616 | | - | Housing Finance Authority, the State Housing Authority, the Materials 501 |
---|
617 | | - | Innovation and Recycling Authority, the Capital Region Development 502 |
---|
618 | | - | Authority, the Connecticut Lottery Corporation, the Connecticut 503 |
---|
619 | | - | Airport Authority, the Connecticut Health Insurance Exchange, the 504 |
---|
620 | | - | Connecticut Green Bank, the Connecticut Retirement Security 505 |
---|
621 | | - | Authority, the Connecticut Port Authority, [and] the State Education 506 |
---|
622 | | - | Resource Center and the Connecticut Transportation Finance 507 |
---|
623 | | - | Authority. 508 |
---|
624 | | - | Sec. 15. Section 1-120 of the general statutes is repealed and the 509 |
---|
625 | | - | following is substituted in lieu thereof (Effective from passage): 510 |
---|
626 | | - | As used in sections 1-120 to 1-123, inclusive: 511 |
---|
627 | | - | (1) "Quasi-public agency" means Connecticut Innovations, 512 |
---|
628 | | - | Incorporated, the Connecticut Health and Educational Facilities 513 |
---|
629 | | - | Authority, the Connecticut Higher Education Supplemental Loan 514 |
---|
630 | | - | Authority, the Connecticut Student Loan Foundation, the Connecticut 515 |
---|
631 | | - | Housing Finance Authority, the Connecticut Housing Authority, the 516 |
---|
632 | | - | Materials Innovation and Recycling Authority, the Capital Region 517 |
---|
633 | | - | Development Authority, the Connecticut Lottery Corporation, the 518 |
---|
634 | | - | Connecticut Airport Authority, the Connecticut Health Insurance 519 |
---|
635 | | - | Exchange, the Connecticut Green Bank, the Connecticut Retirement 520 |
---|
636 | | - | Security Authority, the Connecticut Port Authority, [and] the State 521 |
---|
637 | | - | Education Resource Center and the Connecticut Transportation 522 |
---|
638 | | - | Finance Authority. 523 |
---|
639 | | - | (2) "Procedure" means each statement, by a quasi-public agency, of 524 |
---|
640 | | - | general applicability, without regard to its designation, that 525 Substitute Bill No. 7280 |
---|
| 599 | + | LCO No. 5006 17 of 21 |
---|
| 600 | + | |
---|
| 601 | + | passage): 495 |
---|
| 602 | + | (12) "Quasi-public agency" means Connecticut Innovations, 496 |
---|
| 603 | + | Incorporated, the Connecticut Health and Education Facilities 497 |
---|
| 604 | + | Authority, the Connecticut Higher Education Supplemental Loan 498 |
---|
| 605 | + | Authority, the Connecticut Student Loan Foundation, the Connecticut 499 |
---|
| 606 | + | Housing Finance Authority, the State Housing Authority, the Materials 500 |
---|
| 607 | + | Innovation and Recycling Authority, the Capital Region Development 501 |
---|
| 608 | + | Authority, the Connecticut Lottery Corporation, the Connecticut 502 |
---|
| 609 | + | Airport Authority, the Connecticut Health Insurance Exchange, the 503 |
---|
| 610 | + | Connecticut Green Bank, the Connecticut Retirement Security 504 |
---|
| 611 | + | Authority, the Connecticut Port Authority, [and] the State Education 505 |
---|
| 612 | + | Resource Center and the Connecticut Transportation Finance 506 |
---|
| 613 | + | Authority. 507 |
---|
| 614 | + | Sec. 15. Section 1-120 of the general statutes is repealed and the 508 |
---|
| 615 | + | following is substituted in lieu thereof (Effective from passage): 509 |
---|
| 616 | + | As used in sections 1-120 to 1-123, inclusive: 510 |
---|
| 617 | + | (1) "Quasi-public agency" means Connecticut Innovations, 511 |
---|
| 618 | + | Incorporated, the Connecticut Health and Educational Facilities 512 |
---|
| 619 | + | Authority, the Connecticut Higher Education Supplemental Loan 513 |
---|
| 620 | + | Authority, the Connecticut Student Loan Foundation, the Connecticut 514 |
---|
| 621 | + | Housing Finance Authority, the Connecticut Housing Authority, the 515 |
---|
| 622 | + | Materials Innovation and Recycling Authority, the Capital Region 516 |
---|
| 623 | + | Development Authority, the Connecticut Lottery Corporation, the 517 |
---|
| 624 | + | Connecticut Airport Authority, the Connecticut Health Insurance 518 |
---|
| 625 | + | Exchange, the Connecticut Green Bank, the Connecticut Retirement 519 |
---|
| 626 | + | Security Authority, the Connecticut Port Authority, [and] the State 520 |
---|
| 627 | + | Education Resource Center and the Connecticut Transportation 521 |
---|
| 628 | + | Finance Authority. 522 |
---|
| 629 | + | (2) "Procedure" means each statement, by a quasi-public agency, of 523 |
---|
| 630 | + | general applicability, without regard to its designation, that 524 |
---|
| 631 | + | implements, interprets or prescribes law or policy, or describes the 525 |
---|
| 632 | + | organization or procedure of any such agency. The term includes the 526 Raised Bill No. 7280 |
---|
647 | | - | implements, interprets or prescribes law or policy, or describes the 526 |
---|
648 | | - | organization or procedure of any such agency. The term includes the 527 |
---|
649 | | - | amendment or repeal of a prior regulation, but does not include, 528 |
---|
650 | | - | unless otherwise provided by any provision of the general statutes, (A) 529 |
---|
651 | | - | statements concerning only the internal management of any agency 530 |
---|
652 | | - | and not affecting procedures available to the public, and (B) intra-531 |
---|
653 | | - | agency memoranda. 532 |
---|
654 | | - | (3) "Proposed procedure" means a proposal by a quasi-public 533 |
---|
655 | | - | agency under the provisions of section 1-121 for a new procedure or 534 |
---|
656 | | - | for a change in, addition to or repeal of an existing procedure. 535 |
---|
657 | | - | Sec. 16. Section 1-124 of the general statutes is repealed and the 536 |
---|
658 | | - | following is substituted in lieu thereof (Effective from passage): 537 |
---|
659 | | - | (a) Connecticut Innovations, Incorporated, the Connecticut Health 538 |
---|
660 | | - | and Educational Facilities Authority, the Connecticut Higher 539 |
---|
661 | | - | Education Supplemental Loan Authority, the Connecticut Student 540 |
---|
662 | | - | Loan Foundation, the Connecticut Housing Finance Authority, the 541 |
---|
663 | | - | Connecticut Housing Authority, the Materials Innovation and 542 |
---|
664 | | - | Recycling Authority, the Connecticut Airport Authority, the Capital 543 |
---|
665 | | - | Region Development Authority, the Connecticut Health Insurance 544 |
---|
666 | | - | Exchange, the Connecticut Green Bank, the Connecticut Retirement 545 |
---|
667 | | - | Security Authority, the Connecticut Port Authority, [and] the State 546 |
---|
668 | | - | Education Resource Center and the Connecticut Transportation 547 |
---|
669 | | - | Finance Authority shall not borrow any money or issue any bonds or 548 |
---|
670 | | - | notes which are guaranteed by the state of Connecticut or for which 549 |
---|
671 | | - | there is a capital reserve fund of any kind which is in any way 550 |
---|
672 | | - | contributed to or guaranteed by the state of Connecticut until and 551 |
---|
673 | | - | unless such borrowing or issuance is approved by the State Treasurer 552 |
---|
674 | | - | or the Deputy State Treasurer appointed pursuant to section 3-12. The 553 |
---|
675 | | - | approval of the State Treasurer or said deputy shall be based on 554 |
---|
676 | | - | documentation provided by the authority that it has sufficient 555 |
---|
677 | | - | revenues to (1) pay the principal of and interest on the bonds and notes 556 |
---|
678 | | - | issued, (2) establish, increase and maintain any reserves deemed by the 557 |
---|
679 | | - | authority to be advisable to secure the payment of the principal of and 558 Substitute Bill No. 7280 |
---|
| 636 | + | LCO No. 5006 18 of 21 |
---|
| 637 | + | |
---|
| 638 | + | amendment or repeal of a prior regulation, but does not include, 527 |
---|
| 639 | + | unless otherwise provided by any provision of the general statutes, (A) 528 |
---|
| 640 | + | statements concerning only the internal management of any agency 529 |
---|
| 641 | + | and not affecting procedures available to the public, and (B) intra-530 |
---|
| 642 | + | agency memoranda. 531 |
---|
| 643 | + | (3) "Proposed procedure" means a proposal by a quasi-public 532 |
---|
| 644 | + | agency under the provisions of section 1-121 for a new procedure or 533 |
---|
| 645 | + | for a change in, addition to or repeal of an existing procedure. 534 |
---|
| 646 | + | Sec. 16. Section 1-124 of the general statutes is repealed and the 535 |
---|
| 647 | + | following is substituted in lieu thereof (Effective from passage): 536 |
---|
| 648 | + | (a) Connecticut Innovations, Incorporated, the Connecticut Health 537 |
---|
| 649 | + | and Educational Facilities Authority, the Connecticut Higher 538 |
---|
| 650 | + | Education Supplemental Loan Authority, the Connecticut Student 539 |
---|
| 651 | + | Loan Foundation, the Connecticut Housing Finance Authority, the 540 |
---|
| 652 | + | Connecticut Housing Authority, the Materials Innovation and 541 |
---|
| 653 | + | Recycling Authority, the Connecticut Airport Authority, the Capital 542 |
---|
| 654 | + | Region Development Authority, the Connecticut Health Insurance 543 |
---|
| 655 | + | Exchange, the Connecticut Green Bank, the Connecticut Retirement 544 |
---|
| 656 | + | Security Authority, the Connecticut Port Authority, [and] the State 545 |
---|
| 657 | + | Education Resource Center and the Connecticut Transportation 546 |
---|
| 658 | + | Finance Authority shall not borrow any money or issue any bonds or 547 |
---|
| 659 | + | notes which are guaranteed by the state of Connecticut or for which 548 |
---|
| 660 | + | there is a capital reserve fund of any kind which is in any way 549 |
---|
| 661 | + | contributed to or guaranteed by the state of Connecticut until and 550 |
---|
| 662 | + | unless such borrowing or issuance is approved by the State Treasurer 551 |
---|
| 663 | + | or the Deputy State Treasurer appointed pursuant to section 3-12. The 552 |
---|
| 664 | + | approval of the State Treasurer or said deputy shall be based on 553 |
---|
| 665 | + | documentation provided by the authority that it has sufficient 554 |
---|
| 666 | + | revenues to (1) pay the principal of and interest on the bonds and notes 555 |
---|
| 667 | + | issued, (2) establish, increase and maintain any reserves deemed by the 556 |
---|
| 668 | + | authority to be advisable to secure the payment of the principal of and 557 |
---|
| 669 | + | interest on such bonds and notes, (3) pay the cost of maintaining, 558 |
---|
| 670 | + | servicing and properly insuring the purpose for which the proceeds of 559 Raised Bill No. 7280 |
---|
686 | | - | interest on such bonds and notes, (3) pay the cost of maintaining, 559 |
---|
687 | | - | servicing and properly insuring the purpose for which the proceeds of 560 |
---|
688 | | - | the bonds and notes have been issued, if applicable, and (4) pay such 561 |
---|
689 | | - | other costs as may be required. 562 |
---|
690 | | - | (b) To the extent Connecticut Innovations, Incorporated, the 563 |
---|
691 | | - | Connecticut Higher Education Supplemental Loan Authority, the 564 |
---|
692 | | - | Connecticut Student Loan Foundation, the Connecticut Housing 565 |
---|
693 | | - | Finance Authority, the Connecticut Housing Authority, the Materials 566 |
---|
694 | | - | Innovation and Recycling Authority, the Connecticut Health and 567 |
---|
695 | | - | Educational Facilities Authority, the Connecticut Airport Authority, 568 |
---|
696 | | - | the Capital Region Development Authority, the Connecticut Health 569 |
---|
697 | | - | Insurance Exchange, the Connecticut Green Bank, the Connecticut 570 |
---|
698 | | - | Retirement Security Authority, the Connecticut Port Authority, [or] the 571 |
---|
699 | | - | State Education Resource Center or the Connecticut Transportation 572 |
---|
700 | | - | Finance Authority is permitted by statute and determines to exercise 573 |
---|
701 | | - | any power to moderate interest rate fluctuations or enter into any 574 |
---|
702 | | - | investment or program of investment or contract respecting interest 575 |
---|
703 | | - | rates, currency, cash flow or other similar agreement, including, but 576 |
---|
704 | | - | not limited to, interest rate or currency swap agreements, the effect of 577 |
---|
705 | | - | which is to subject a capital reserve fund which is in any way 578 |
---|
706 | | - | contributed to or guaranteed by the state of Connecticut, to potential 579 |
---|
707 | | - | liability, such determination shall not be effective until and unless the 580 |
---|
708 | | - | State Treasurer or his or her deputy appointed pursuant to section 3-12 581 |
---|
709 | | - | has approved such agreement or agreements. The approval of the State 582 |
---|
710 | | - | Treasurer or his or her deputy shall be based on documentation 583 |
---|
711 | | - | provided by the authority that it has sufficient revenues to meet the 584 |
---|
712 | | - | financial obligations associated with the agreement or agreements. 585 |
---|
713 | | - | Sec. 17. Section 1-125 of the general statutes is repealed and the 586 |
---|
714 | | - | following is substituted in lieu thereof (Effective from passage): 587 |
---|
715 | | - | The directors, officers and employees of Connecticut Innovations, 588 |
---|
716 | | - | Incorporated, the Connecticut Higher Education Supplemental Loan 589 |
---|
717 | | - | Authority, the Connecticut Student Loan Foundation, the Connecticut 590 |
---|
718 | | - | Housing Finance Authority, the Connecticut Housing Authority, the 591 Substitute Bill No. 7280 |
---|
| 674 | + | LCO No. 5006 19 of 21 |
---|
| 675 | + | |
---|
| 676 | + | the bonds and notes have been issued, if applicable, and (4) pay such 560 |
---|
| 677 | + | other costs as may be required. 561 |
---|
| 678 | + | (b) To the extent Connecticut Innovations, Incorporated, the 562 |
---|
| 679 | + | Connecticut Higher Education Supplemental Loan Authority, the 563 |
---|
| 680 | + | Connecticut Student Loan Foundation, the Connecticut Housing 564 |
---|
| 681 | + | Finance Authority, the Connecticut Housing Authority, the Materials 565 |
---|
| 682 | + | Innovation and Recycling Authority, the Connecticut Health and 566 |
---|
| 683 | + | Educational Facilities Authority, the Connecticut Airport Authority, 567 |
---|
| 684 | + | the Capital Region Development Authority, the Connecticut Health 568 |
---|
| 685 | + | Insurance Exchange, the Connecticut Green Bank, the Connecticut 569 |
---|
| 686 | + | Retirement Security Authority, the Connecticut Port Authority, [or] the 570 |
---|
| 687 | + | State Education Resource Center or the Connecticut Transportation 571 |
---|
| 688 | + | Finance Authority is permitted by statute and determines to exercise 572 |
---|
| 689 | + | any power to moderate interest rate fluctuations or enter into any 573 |
---|
| 690 | + | investment or program of investment or contract respecting interest 574 |
---|
| 691 | + | rates, currency, cash flow or other similar agreement, including, but 575 |
---|
| 692 | + | not limited to, interest rate or currency swap agreements, the effect of 576 |
---|
| 693 | + | which is to subject a capital reserve fund which is in any way 577 |
---|
| 694 | + | contributed to or guaranteed by the state of Connecticut, to potential 578 |
---|
| 695 | + | liability, such determination shall not be effective until and unless the 579 |
---|
| 696 | + | State Treasurer or his or her deputy appointed pursuant to section 3-12 580 |
---|
| 697 | + | has approved such agreement or agreements. The approval of the State 581 |
---|
| 698 | + | Treasurer or his or her deputy shall be based on documentation 582 |
---|
| 699 | + | provided by the authority that it has sufficient revenues to meet the 583 |
---|
| 700 | + | financial obligations associated with the agreement or agreements. 584 |
---|
| 701 | + | Sec. 17. Section 1-125 of the general statutes is repealed and the 585 |
---|
| 702 | + | following is substituted in lieu thereof (Effective from passage): 586 |
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| 703 | + | The directors, officers and employees of Connecticut Innovations, 587 |
---|
| 704 | + | Incorporated, the Connecticut Higher Education Supplemental Loan 588 |
---|
| 705 | + | Authority, the Connecticut Student Loan Foundation, the Connecticut 589 |
---|
| 706 | + | Housing Finance Authority, the Connecticut Housing Authority, the 590 |
---|
| 707 | + | Materials Innovation and Recycling Authority, including ad hoc 591 |
---|
| 708 | + | members of the Materials Innovation and Recycling Authority, the 592 Raised Bill No. 7280 |
---|
725 | | - | Materials Innovation and Recycling Authority, including ad hoc 592 |
---|
726 | | - | members of the Materials Innovation and Recycling Authority, the 593 |
---|
727 | | - | Connecticut Health and Educational Facilities Authority, the Capital 594 |
---|
728 | | - | Region Development Authority, the Connecticut Airport Authority, 595 |
---|
729 | | - | the Connecticut Lottery Corporation, the Connecticut Health Insurance 596 |
---|
730 | | - | Exchange, the Connecticut Green Bank, the Connecticut Retirement 597 |
---|
731 | | - | Security Authority, the Connecticut Port Authority, [and] the State 598 |
---|
732 | | - | Education Resource Center and the Connecticut Transportation 599 |
---|
733 | | - | Finance Authority and any person executing the bonds or notes of the 600 |
---|
734 | | - | agency shall not be liable personally on such bonds or notes or be 601 |
---|
735 | | - | subject to any personal liability or accountability by reason of the 602 |
---|
736 | | - | issuance thereof, nor shall any director or employee of the agency, 603 |
---|
737 | | - | including ad hoc members of the Materials Innovation and Recycling 604 |
---|
738 | | - | Authority, be personally liable for damage or injury, not wanton, 605 |
---|
739 | | - | reckless, wilful or malicious, caused in the performance of his or her 606 |
---|
740 | | - | duties and within the scope of his or her employment or appointment 607 |
---|
741 | | - | as such director, officer or employee, including ad hoc members of the 608 |
---|
742 | | - | Materials Innovation and Recycling Authority. The agency shall 609 |
---|
743 | | - | protect, save harmless and indemnify its directors, officers or 610 |
---|
744 | | - | employees, including ad hoc members of the Materials Innovation and 611 |
---|
745 | | - | Recycling Authority, from financial loss and expense, including legal 612 |
---|
746 | | - | fees and costs, if any, arising out of any claim, demand, suit or 613 |
---|
747 | | - | judgment by reason of alleged negligence or alleged deprivation of any 614 |
---|
748 | | - | person's civil rights or any other act or omission resulting in damage 615 |
---|
749 | | - | or injury, if the director, officer or employee, including ad hoc 616 |
---|
750 | | - | members of the Materials Innovation and Recycling Authority, is 617 |
---|
751 | | - | found to have been acting in the discharge of his or her duties or 618 |
---|
752 | | - | within the scope of his or her employment and such act or omission is 619 |
---|
753 | | - | found not to have been wanton, reckless, wilful or malicious. 620 |
---|
| 712 | + | LCO No. 5006 20 of 21 |
---|
| 713 | + | |
---|
| 714 | + | Connecticut Health and Educational Facilities Authority, the Capital 593 |
---|
| 715 | + | Region Development Authority, the Connecticut Airport Authority, 594 |
---|
| 716 | + | the Connecticut Lottery Corporation, the Connecticut Health Insurance 595 |
---|
| 717 | + | Exchange, the Connecticut Green Bank, the Connecticut Retirement 596 |
---|
| 718 | + | Security Authority, the Connecticut Port Authority, [and] the State 597 |
---|
| 719 | + | Education Resource Center and the Connecticut Transportation 598 |
---|
| 720 | + | Finance Authority and any person executing the bonds or notes of the 599 |
---|
| 721 | + | agency shall not be liable personally on such bonds or notes or be 600 |
---|
| 722 | + | subject to any personal liability or accountability by reason of the 601 |
---|
| 723 | + | issuance thereof, nor shall any director or employee of the agency, 602 |
---|
| 724 | + | including ad hoc members of the Materials Innovation and Recycling 603 |
---|
| 725 | + | Authority, be personally liable for damage or injury, not wanton, 604 |
---|
| 726 | + | reckless, wilful or malicious, caused in the performance of his or her 605 |
---|
| 727 | + | duties and within the scope of his or her employment or appointment 606 |
---|
| 728 | + | as such director, officer or employee, including ad hoc members of the 607 |
---|
| 729 | + | Materials Innovation and Recycling Authority. The agency shall 608 |
---|
| 730 | + | protect, save harmless and indemnify its directors, officers or 609 |
---|
| 731 | + | employees, including ad hoc members of the Materials Innovation and 610 |
---|
| 732 | + | Recycling Authority, from financial loss and expense, including legal 611 |
---|
| 733 | + | fees and costs, if any, arising out of any claim, demand, suit or 612 |
---|
| 734 | + | judgment by reason of alleged negligence or alleged deprivation of any 613 |
---|
| 735 | + | person's civil rights or any other act or omission resulting in damage 614 |
---|
| 736 | + | or injury, if the director, officer or employee, including ad hoc 615 |
---|
| 737 | + | members of the Materials Innovation and Recycling Authority, is 616 |
---|
| 738 | + | found to have been acting in the discharge of his or her duties or 617 |
---|
| 739 | + | within the scope of his or her employment and such act or omission is 618 |
---|
| 740 | + | found not to have been wanton, reckless, wilful or malicious. 619 |
---|