Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB00407 Comm Sub / Bill

Filed 03/15/2019

                     
 
 
 
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General Assembly  Committee Bill No. 407  
January Session, 2019  
LCO No. 5950 
 
 
Referred to Committee on TRANSPORTATION  
 
 
Introduced by:  
(TRA)  
 
 
 
AN ACT CONCERNING TH E NEW BRITAIN TO HARTFORD BUSWAY. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 13b-15a of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective from passage): 2 
(a) The Commissioner of Transportation may designate the 3 
[Hartford-New Britain] New Britain to Hartford busway project to be 4 
accomplished on a total cost basis. If the commissioner designates the 5 
[Hartford-New Britain] New Britain to Hartford busway project as a 6 
total cost basis project, the commissioner may enter into a single 7 
contract with a private developer, which includes such project 8 
elements as engineering design and construction. The contract for said 9 
project shall be based on competitive proposals received by the 10 
commissioner, who shall give notice of the project and specifications 11 
for the project, by advertising, at least once, in a newspaper having a 12 
substantial circulation in the [Hartford-New Britain area] New Britain 13 
and Hartford areas. Award of the total cost contract shall be based on 14 
qualifications, technical merit of the proposals and cost. The 15 
commissioner shall determine all criteria, requirements and conditions 16    
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for such proposals and award and shall have sole responsibility for all 17 
other aspects of the contract. If applicable, the contract shall state 18 
clearly the responsibilities of the developer to deliver a completed and 19 
acceptable project on a date certain and the maximum cost of the 20 
project.  21 
(b) Prior to any expansion of the New Britain to Hartford busway, 22 
the Commissioner of Transportation shall file a request for approval of 23 
the proposed expansion plan with the clerks of the House of 24 
Representatives and the Senate. The proposed expansion plan shall not 25 
be implemented unless approved by the General Assembly. The 26 
General Assembly may approve the proposed expansion plan by a 27 
majority vote of each house or may reject the proposed expansion plan 28 
by a majority vote of either house. If the General Assembly is in 29 
session, the General Assembly shall vote to approve or reject the 30 
proposed expansion plan not later than thirty days after the 31 
commissioner files the proposed expansion plan with the clerks. If the 32 
General Assembly is not in session when the request for approval is 33 
filed, the clerks shall submit the proposed expansion plan to the 34 
General Assembly not later than ten days after the first day of the next 35 
regular session or a special session called for such purpose. The 36 
proposed expansion plan shall be deemed rejected if the General 37 
Assembly fails to vote to approve or reject the proposed expansion 38 
plan not later than thirty days after the department files the request for 39 
approval with the clerks. Such thirty-day period shall not begin or 40 
expire unless the General Assembly is in regular session. If the regular 41 
session adjourns prior to such thirtieth day and the proposed 42 
expansion plan has not been acted upon, the request for approval shall 43 
be deemed filed on the first day of the next regular session. For the 44 
purposes of this subsection, any request for approval of a proposed 45 
expansion plan filed with the clerks within thirty days before the 46 
commencement of a regular session of the General Assembly shall be 47 
deemed to be filed on the first day of such session. 48 
(c) Not later than July 1, 2020, and biannually thereafter, the 49    
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Commissioner of Transportation shall submit a report, in accordance 50 
with section 11-4a, to the joint standing committee of the General 51 
Assembly having cognizance of matters relating to transportation 52 
concerning the operation of the New Britain to Hartford busway. The 53 
report shall include, but not be limited to, the following information: 54 
The number of passengers, the fare revenue generated per passenger 55 
and the cost of operation and maintenance. The first report submitted 56 
pursuant to this subsection shall include, but not be limited to, such 57 
information on a monthly basis since the New Britain to Hartford 58 
busway commenced operations.  59 
Sec. 2. Subdivision (2) of subsection (a) of section 13b-79p of the 60 
general statutes is repealed and the following is substituted in lieu 61 
thereof (Effective from passage): 62 
(2) Implementing the [New Britain-Hartford] New Britain to 63 
Hartford busway, subject to the availability of federal funds and the 64 
provisions of subsection (b) of section 13b-15a, as amended by this act, 65 
and ensuring that all streets in the city of Hartford intersecting with 66 
said busway are equipped with sufficient signage, gates, traffic lights 67 
and other equipment to provide (A) that all such streets remain open 68 
to vehicular and pedestrian traffic for not less than twenty hours per 69 
day, and (B) safe passage across any such street by trains at any time; 70 
Sec. 3. Subsection (e) of section 13a-123 of the general statutes is 71 
repealed and the following is substituted in lieu thereof (Effective from 72 
passage): 73 
(e) The following types of signs, displays and devices may, with the 74 
approval of and subject to regulations adopted by the commissioner, 75 
be permitted within the six-hundred-sixty-foot area of interstate, 76 
primary and other limited access state highways, except as prohibited 77 
by state statute, local ordinance or zoning regulation: (1) Directional 78 
and other official signs or notices, which signs and notices shall 79 
include, but not be limited to, signs and notices pertaining to natural 80 
wonders and scenic and historical attractions which are required or 81    
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authorized by law; (2) signs, displays and devices advertising the sale 82 
or lease of the property upon which they are located; (3) signs, displays 83 
and devices advertising activities conducted on the property on which 84 
they are located; (4) signs, displays or advertising devices which are in 85 
place for sixty days or less; and (5) advertising signs, displays or 86 
devices (A) located or erected on real property or abutting real 87 
property within areas owned, leased or managed by a public authority 88 
for the purpose of (i) railway or rail infrastructure facilities, including, 89 
but not limited to, associated structures located within areas zoned 90 
solely or predominantly for the development of a railway or rail 91 
infrastructure facilities, (ii) bus rapid transit corridors, including, but 92 
not limited to, the [Hartford-New Britain] New Britain to Hartford 93 
busway project authorized in section 13b-15a, as amended by this act, 94 
and any shelter, structure or other facility associated with the 95 
operation of such bus rapid transit corridor, (iii) airport development 96 
zones designated in section 32-75d, or (iv) any other similar transit or 97 
freight purpose, or (B) upon or within buildings, structures or other 98 
venues in the custody or control of the state and designed, operated or 99 
intended to be operated for the purpose of presenting athletic, artistic, 100 
musical or other entertainment events. Subject to regulations adopted 101 
by the commissioner and except as prohibited by state statute, local 102 
ordinance or zoning regulation signs, displays and devices may be 103 
erected and maintained within six hundred sixty feet of primary and 104 
other limited access state highways in areas which are zoned for 105 
industrial or commercial use under authority of law or located in 106 
unzoned commercial or industrial areas which areas shall be 107 
determined from actual land uses and defined by regulations of the 108 
commissioner. The regulations of the commissioner in regard to size, 109 
spacing and lighting shall apply to any segments of the interstate 110 
system which traverse commercial or industrial zones wherein the use 111 
of real property adjacent to the interstate system is subject to municipal 112 
regulation or control, or which traverse other areas where the land use, 113 
as of September 21, 1959, was clearly established under state law as 114 
industrial or commercial. 115    
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This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 13b-15a 
Sec. 2 from passage 13b-79p(a)(2) 
Sec. 3 from passage 13a-123(e) 
 
Statement of Purpose:   
To increase transparency regarding the utilization, revenue and costs 
of the New Britain to Hartford busway by requiring legislative 
approval prior to any expansion of such busway and the submission of 
biannual reports. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, 
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is 
not underlined.] 
 
Co-Sponsors:  SEN. FASANO, 34th Dist.; SEN. WITKOS, 8th Dist. 
REP. FISHBEIN, 90th Dist.  
 
S.B. 407