Connecticut 2019 Regular Session

Connecticut House Bill HB07280 Compare Versions

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7-General Assembly Substitute Bill No. 7280
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5+LCO No. 5006 1 of 21
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7+General Assembly Raised Bill No. 7280
88 January Session, 2019
9+LCO No. 5006
910
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12+Referred to Committee on TRANSPORTATION
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14+
15+Introduced by:
16+(TRA)
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1421 AN ACT CONCERNING SU PPORT FOR TRANSPORTATION
1522 INFRASTRUCTURE AND T HE CREATION OF THE CONNECTICUT
1623 TRANSPORTATION FINAN CE AUTHORITY.
1724 Be it enacted by the Senate and House of Representatives in General
1825 Assembly convened:
1926
2027 Section 1. (NEW) (Effective from passage) As used in this section and 1
2128 sections 2 to 8, inclusive, of this act: 2
2229 (1) "Electronic tolling system" means an electronic system for 3
2330 recording, monitoring, collecting and paying for tolls on the highways 4
2431 of this state, including, but not limited to, video toll transaction 5
2532 systems, transponders or other electronic transaction or payment 6
2633 technology or devices; 7
2734 (2) "Department" means the Department of Transportation; and 8
2835 (3) "Toll operator" means a private entity that operates an electronic 9
2936 tolling system pursuant to an agreement with the department and 10
3037 whose duties may include, but need not be limited to, collecting tolls, 11
31-administrative charges and penalties. 12
38+administrative charges and penalties. 12 Raised Bill No. 7280
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3244 Sec. 2. (NEW) (Effective from passage) (a) (1) The Commissioner of 13
3345 Transportation shall (A) conduct studies and satisfy other 14
3446 requirements pursuant to the National Environmental Policy Act and 15
35-other provisions of applicable federal law for the purposes of 16 Substitute Bill No. 7280
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47+other provisions of applicable federal law for the purposes of 16
4248 developing electronic tolling systems on the highways of this state, (B) 17
4349 procure a program manager and other consultants or experts as 18
4450 needed to assist in the development of the electronic tolling systems, 19
4551 and (C) prepare a tolling proposal that (i) implements electronic tolling 20
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
5662 (2) In developing a tolling proposal, the commissioner shall 31
5763 consider: (A) A phase-in for the operation of any electronic tolling 32
5864 system; (B) discounts, income tax credits and credits to a toll customer 33
5965 account for (i) persons who are residents of this state, (ii) persons with 34
6066 a transponder or similar device issued by the department or a toll 35
6167 operator, (iii) frequent users of a tolled highway, (iv) persons of low 36
6268 income, and (v) high-occupancy vehicles; and (C) in consultation with 37
6369 the Commissioner of Economic and Community Development, ways 38
6470 to assist small businesses impacted by the implementation of tolls. 39
6571 (b) (1) The commissioner shall file the tolling proposal with the 40
6672 clerks of the House of Representatives and the Senate. If the tolling 41
6773 proposal is filed when the General Assembly is in regular session, the 42
6874 joint standing committee of the General Assembly having cognizance 43
6975 of matters relating to transportation shall hold an informational 44
7076 hearing regarding the tolling proposal not later than ten days after 45
71-such filing. If the tolling proposal is filed when the General Assembly 46
77+such filing. If the tolling proposal is filed when the General Assembly 46 Raised Bill No. 7280
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7283 is not in session, the joint standing committee of the General Assembly 47
7384 having cognizance of matters relating to transportation shall hold an 48
74-informational hearing regarding the tolling proposal not later than ten 49 Substitute Bill No. 7280
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85+informational hearing regarding the tolling proposal not later than ten 49
8186 days after the first day of the next regular session. The committee shall 50
8287 receive comments from members of the public during the 51
8388 informational hearing. 52
8489 (2) Not later than fifteen days after the joint standing committee of 53
8590 the General Assembly having cognizance of matters relating to 54
8691 transportation holds an informational hearing regarding the tolling 55
8792 proposal, the General Assembly shall vote to approve or reject the 56
8893 tolling proposal. The tolling proposal shall be approved in whole by a 57
8994 majority vote of each house or rejected by a majority vote in either 58
9095 house. If both houses fail to vote during such fifteen-day period, the 59
9196 tolling proposal shall be deemed approved by the General Assembly. 60
9297 Such fifteen-day period shall not expire unless the General Assembly is 61
9398 in regular session. If the regular session adjourns prior to such fifteenth 62
9499 day and the tolling proposal has not been acted upon, the tolling 63
95100 proposal shall be deemed filed on the first day of the next regular 64
96101 session. 65
97102 (c) If the General Assembly rejects the tolling proposal, the 66
98103 commissioner may revise the tolling proposal. Any such revised 67
99104 tolling proposal shall be submitted to the clerks of the House of 68
100105 Representatives and the Senate and subject to an informational hearing 69
101106 and approval or rejection by the General Assembly in the same manner 70
102107 as described in subsection (b) of this section. 71
103108 (d) If the tolling proposal is approved or deemed approved by the 72
104109 General Assembly in accordance with this section, the commissioner 73
105110 shall submit the tolling proposal to the Federal Highway 74
106111 Administration. In no event shall the commissioner submit a tolling 75
107112 proposal to the Federal Highway Administration unless the tolling 76
108113 proposal has been approved or deemed approved by the General 77
109-Assembly. 78
114+Assembly. 78 Raised Bill No. 7280
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110120 Sec. 3. (NEW) (Effective from passage) (a) After a tolling proposal to 79
111121 implement electronic tolling systems has been approved or deemed 80
112-approved by the General Assembly pursuant to section 2 of this act, 81 Substitute Bill No. 7280
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122+approved by the General Assembly pursuant to section 2 of this act, 81
119123 the department may construct, maintain and operate electronic tolling 82
120-systems on Interstate Route 84, Interstate Route 91, Interstate Route 95 83
121-and portions of Connecticut Route 15 in accordance with such 84
122-proposal. The department may enter into an agreement with a toll 85
123-operator to operate such systems. 86
124+systems on Interstate 84, Interstate 91, Interstate 95 and portions of 83
125+Connecticut Route 15 in accordance with such proposal. The 84
126+department may enter into an agreement with a toll operator to 85
127+operate such systems. 86
124128 (b) To carry out its duties and responsibilities under this section and 87
125129 sections 4 to 7, inclusive, of this act, and any regulations adopted 88
126130 under section 8 of this act, the department may enter into tolling 89
127131 agreements with the Federal Highway Administration and 90
128132 coordination agreements, intergovernmental agreements or other 91
129133 implementation agreements with any other federal, state or municipal 92
130134 entity or agency. 93
131135 (c) The department may procure, retain and expend funds for 94
132136 technical, traffic, revenue and financial consultants, attorneys and 95
133137 other consultants and experts to assist in the development, 96
134138 implementation, maintenance and operation of electronic tolling 97
135139 systems. 98
136140 (d) The department may procure, retain and expend funds for toll 99
137141 operators, vendors, suppliers, designers, engineers, software 100
138142 designers, installers, contractors, maintenance personnel, customer 101
139143 service personnel and other equipment, materials, personnel and 102
140144 services for the development, implementation, maintenance and 103
141145 operation of electronic tolling systems and for the collection and 104
142146 enforcement of tolls. 105
143147 (e) The department may enter into agreements for the provision of 106
144148 any service specified in subsections (c) and (d) of this section, or any 107
145149 combination thereof, pursuant to an open, competitive process. 108
146150 (f) (1) The department and the Department of Motor Vehicles, either 109
147-jointly or separately, may enter into reciprocal agreements with other 110
148-states, jurisdictions and operators of toll facilities in other states to 111
149-obtain and share any toll operator information regarding an out-of-112 Substitute Bill No. 7280
151+jointly or separately, may enter into reciprocal agreements with other 110 Raised Bill No. 7280
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157+states, jurisdictions and operators of toll facilities in other states to 111
158+obtain and share any toll operator information regarding an out-of-112
156159 state registered owner of a vehicle that has used a tolled highway, 113
157160 including the make of the motor vehicle, the motor vehicle's number 114
158161 plate and the name and address of the registered owner of the motor 115
159162 vehicle. 116
160163 (2) The department and the Department of Motor Vehicles may 117
161164 enter into, or authorize a toll operator on behalf of the departments to 118
162165 enter into, reciprocal agreements with other states, jurisdictions and 119
163166 operators of toll facilities in other states for the efficient collection of 120
164167 tolls incurred by residents of states other than this state. 121
165168 Sec. 4. (NEW) (Effective from passage) (a) After a tolling proposal to 122
166169 implement electronic tolling systems has been approved or deemed 123
167170 approved by the General Assembly pursuant to section 2 of this act, 124
168171 the department may collect the amount of all tolls for transit over or 125
169172 use of the highways specified in such proposal. 126
170173 (b) Prior to commencing construction of an electronic tolling system 127
171174 on any highway, or portion thereof, of this state, the department shall 128
172175 hold at least one public informational meeting in the general vicinity of 129
173176 the proposed toll corridor to receive comments on the proposed toll. 130
174177 (c) The department shall place and maintain signs in advance of any 131
175178 tolled highways to notify motor vehicle operators (1) that a toll will be 132
176179 charged on such highway, and (2) how to pay such toll. 133
177180 (d) All revenues received by the department from tolls and the 134
178181 imposition of civil penalties associated with toll nonpayment, toll 135
179182 evasion or other toll-related violations shall be deposited into the 136
180183 Special Transportation Fund, established pursuant to section 13b-68 of 137
181-the general statutes and maintained pursuant to article thirty-second of 138
182-the amendments to the Constitution of the state, and shall not be 139
183-commingled with other funds and revenues. Such revenues shall be 140
184-expended only for the purposes and subject to the provisions of 23 141
185-USC 129(a)(3), as amended from time to time. 142
186-(e) Tolls shall not be subject to and shall be exempt from taxation of 143 Substitute Bill No. 7280
184+the general statutes and section 19 of article third of the Constitution of 138
185+the state, and shall not be commingled with other funds and revenues. 139
186+Such revenues shall be expended only for the purposes and subject to 140
187+the provisions of 23 USC 129(a)(3), as amended from time to time. 141 Raised Bill No. 7280
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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609598
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
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645-18 of 21
646635
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
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684-19 of 21
685673
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
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
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723-20 of 21
724711
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
754741 This act shall take effect as follows and shall amend the following
755742 sections:
756743
757744 Section 1 from passage New section
758745 Sec. 2 from passage New section
759-Sec. 3 from passage New section Substitute Bill No. 7280
746+Sec. 3 from passage New section
747+Sec. 4 from passage New section
748+Sec. 5 from passage New section
749+Sec. 6 from passage New section Raised Bill No. 7280
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764-21 of 21
765752
766-Sec. 4 from passage New section
767-Sec. 5 from passage New section
768-Sec. 6 from passage New section
753+LCO No. 5006 21 of 21
754+
769755 Sec. 7 from passage New section
770756 Sec. 8 from passage New section
771757 Sec. 9 from passage New section
772758 Sec. 10 from passage New section
773759 Sec. 11 from passage New section
774760 Sec. 12 from passage New section
775761 Sec. 13 from passage New section
776762 Sec. 14 from passage 1-79(12)
777763 Sec. 15 from passage 1-120
778764 Sec. 16 from passage 1-124
779765 Sec. 17 from passage 1-125
780766
781-Statement of Legislative Commissioners:
782-In Section 2(a)(1)(C)(i) and Section 3(a), "Route" was inserted after
783-"Interstate" for accuracy, and in Section 4(d), "section 19 of article third
784-of" was changed to "maintained pursuant to article thirty-second of the
785-amendments to" for accuracy.
786-
787-TRA Joint Favorable Subst. -LCO
767+Statement of Purpose:
768+To (1) require the Commissioner of Transportation to submit a tolling
769+proposal to the General Assembly; and (2) create the Connecticut
770+Transportation Finance Authority.
771+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
772+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
773+not underlined.]
788774