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General Assembly Committee Bill No. 423
January Session, 2019
LCO No. 6115
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT CONCERNING FU NDING FOR CONNECTICUT'S
TRANSPORTATION FUTUR E.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) There is established an 1
account to be known as the "Transportation Priority Projects account" 2
which will be a separate, nonlapsing account within the Special 3
Transportation Fund, established pursuant to section 13b-68 of the 4
general statutes and section 19 of article third of the Constitution of the 5
state. The account shall contain any moneys required by law to be 6
deposited into the account. Moneys in the account shall be expended 7
by the Commissioner of Transportation, with the approval of the 8
Secretary of the Office of Policy and Management, for the payment of 9
any and all capital costs incurred in furtherance of the purposes set 10
forth in subsection (b) of section 13b-74 of the general statutes with 11
regard to the projects described in subsection (b) of this section. Such 12
expenditures shall be an eligible use of toll revenue pursuant to the 13
provisions of 23 USC 129(a)(3), as amended from time to time. 14
(b) The funds in the Transportation Priority Projects account shall be 15
expended for the following projects: 16
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(1) Operational improvements to Interstate Route 95; 17
(2) Replacement of the viaduct on Interstate Route 84 in the town of 18
Hartford; 19
(3) Improvements to exits 3 to 8, inclusive, on Interstate Route 84 in 20
the town of Danbury; 21
(4) Improvements to the mixmaster on Interstate Route 84 in the 22
town of Waterbury; 23
(5) Operational improvements to the interchange between Interstate 24
Route 84 and Interstate Route 91; 25
(6) Replacement of movable bridges on the New Haven Line; 26
(7) Rail car procurements; 27
(8) Improvements to the Hartford Line; 28
(9) Improvements to the New Haven Line, including, but not 29
limited to: (A) Expanding the Danbury branch to include the town of 30
New Milford, (B) increasing the number of trains and frequency of 31
service on the Waterbury branch and expanding such branch to 32
include the towns of Seymour, Shelton and Derby, (C) adding a roof or 33
canopy covering at the Talmadge Hill commuter rail station in the 34
town of New Canaan to protect commuters from rain and snow, (D) 35
adding a passing siding at the New Canaan commuter rail station in 36
the town of New Canaan, (E) expanding the northbound side of the 37
parking lot and the train platforms at the Stratford commuter rail 38
station in the town of Stratford, and (F) improving parking and rail 39
structures; 40
(10) Removal of the traffic signal from Connecticut Route 9; 41
(11) Operational improvements to the interchange between 42
Connecticut Route 7 and Connecticut Route 15; 43
(12) Improvements to Heroes Tunnel in the town of New Haven; 44
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(13) Operational improvements to the interchange between 45
Interstate Route 91, Interstate Route 691 and Connecticut Route 15; 46
(14) Improvements to the rail yards in the towns of New Haven and 47
Stamford; 48
(15) A new commuter rail station in the town of Newington and on 49
New Park Avenue in the town of West Hartford; and 50
(16) Replacement of the Gold Star Memorial Bridge in the town of 51
New London. 52
(c) At the end of each fiscal year commencing with the fiscal year 53
ending June 30, 2023, and each fiscal year thereafter, the Comptroller 54
shall transfer any unappropriated surplus in the Special 55
Transportation Fund in excess of five per cent of total expenditures for 56
the most recently completed fiscal year to the Transportation Priority 57
Projects account within such fund. 58
Sec. 2. (NEW) (Effective from passage) As used in this section and 59
sections 3 to 8, inclusive, of this act: 60
(1) "Electronic tolling system" means an electronic system for 61
recording, monitoring, collecting and paying for tolls on the highways 62
of this state, including, but not limited to, video toll transaction 63
systems, transponders or other electronic transaction or payment 64
technology or devices; 65
(2) "Department" means the Department of Transportation; and 66
(3) "Toll operator" means a private entity that operates an electronic 67
tolling system pursuant to an agreement with the department and 68
whose duties may include, but need not be limited to, collecting tolls, 69
administrative charges and penalties. 70
Sec. 3. (NEW) (Effective from passage) (a) The department may 71
construct, maintain and operate electronic tolling systems on Interstate 72
Route 84, Interstate Route 91, Interstate Route 95 and portions of 73
Connecticut Route 15. The department may enter into an agreement 74
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with a toll operator to operate such systems. 75
(b) To carry out its duties and responsibilities under this section and 76
sections 4 to 7, inclusive, of this act, and any regulations adopted 77
under section 8 of this act, the department may enter into tolling 78
agreements with the Federal Highway Administration and 79
coordination agreements, intergovernmental agreements or other 80
implementation agreements with any other federal, state or municipal 81
entity or agency. 82
(c) The department may procure, retain and expend funds for 83
technical, traffic, revenue and financial consultants, attorneys and 84
other consultants and experts to assist in the development, 85
implementation, maintenance and operation of electronic tolling 86
systems. 87
(d) The department may procure, retain and expend funds for toll 88
operators, vendors, suppliers, designers, engineers, software 89
designers, installers, contractors, maintenance personnel, customer 90
service personnel and other equipment, materials, personnel and 91
services for the development, implementation, maintenance and 92
operation of electronic tolling systems and for the collection and 93
enforcement of tolls. 94
(e) (1) The department and the Department of Motor Vehicles, either 95
jointly or separately, may enter into reciprocal agreements with other 96
states, jurisdictions and operators of toll facilities in other states to 97
obtain and share any toll operator information regarding an out-of-98
state registered owner of a vehicle that has used a tolled highway, 99
including the make of the motor vehicle, the motor vehicle's number 100
plate and the name and address of the registered owner of the motor 101
vehicle. 102
(2) The department and the Department of Motor Vehicles may 103
enter into, or authorize a toll operator on behalf of the departments to 104
enter into, reciprocal agreements with other states, jurisdictions and 105
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operators of toll facilities in other states for the efficient collection of 106
tolls incurred by residents of states other than this state. 107
Sec. 4. (NEW) (Effective from passage) (a) The department may charge, 108
collect, retain, fix and change the toll rates for transit over or use of any 109
tolled highways. The department shall not increase the toll rates for ten 110
years after the commencement of an electronic tolling system on any 111
highway. 112
(b) Subject to the limitations of subsection (a) of this section, toll 113
rates shall be fixed and changed by the department, so as to provide, at 114
a minimum, funding that is sufficient to: (1) Pay costs related to tolled 115
highways in this state, including, but not limited to, the cost of 116
owning, maintaining, repairing, reconstructing, improving, 117
rehabilitating, using, administering, controlling and operating such 118
highways; (2) pay the principal of, redemption premium, if any, and 119
interest on notes or bonds relating to tolled highways, as such 120
principal, premium or interest become due and payable; and (3) create 121
and maintain reserves established for any of the department's highway 122
and bridge responsibilities under titles 13a and 13b of the general 123
statutes for the operation and maintenance of tolled highways. Such 124
sufficiency of funding may take into account the availability of funds 125
from other sources. 126
(c) Prior to commencing construction of an electronic tolling system 127
on any highway of this state, the department shall hold at least one 128
public informational meeting in the general vicinity of each proposed 129
toll corridor. 130
(d) The department shall place and maintain signs in advance of any 131
tolled highway to notify motor vehicle operators (1) that a toll will be 132
charged on such highway, and (2) how to pay such toll. 133
(e) Upon presentation of a transponder or similar device issued by 134
the department or a toll operator, the operator of any of the following 135
vehicles may use tolled highways without paying tolls while in the 136
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performance of his or her official duties: (1) A motor vehicle leased or 137
owned by the state, (2) a motor vehicle used by a sworn member of the 138
Division of State Police within the Department of Emergency Services 139
and Public Protection, (3) a fire department vehicle, (4) an ambulance 140
or motor vehicle operated by a member of an emergency medical 141
service organization, and (5) a motor vehicle used to provide public 142
transit services. 143
(f) All revenues received by the department from tolls and the 144
imposition of civil penalties associated with toll nonpayment, toll 145
evasion or other toll-related violations shall be deposited into the 146
Special Transportation Fund, established pursuant to section 13b-68 of 147
the general statutes and section 19 of article third of the Constitution of 148
the state. Such revenues shall be expended in accordance with the (1) 149
provisions of 23 USC 129(a)(3), as amended from time to time, 150
including, but not limited to, the payment of debt service on 151
obligations incurred for projects on tolled highways, the costs of 152
improving, operating and maintaining tolled highways and any other 153
project eligible for federal funding under Title 23 of the United States 154
Code, as amended from time to time, and (2) requirements of the 155
Value Pricing Pilot Program, established pursuant to section 1012(b) of 156
the Intermodal Surface Transportation Efficiency Act, including, but 157
not limited to, the cost of mitigation measures to address potential 158
effects of tolled highways on low-income motor vehicle operators. 159
(g) Tolls shall not be subject to and shall be exempt from taxation of 160
every kind by the state and by the municipalities and all other political 161
subdivisions or special districts having taxing powers in the state. 162
Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 163
operated by the department or a toll operator shall be interoperable 164
with all other electronic tolling systems in this state and shall comply 165
with all state and federal interoperability requirements and standards. 166
Such tolling system interoperability shall extend to system technology 167
and the transfer of funds. The Commissioners of Transportation and 168
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Motor Vehicles, in consultation with the Commissioner of 169
Administrative Services, shall ensure the coordination and 170
compatibility of information system technology and data of any 171
electronic tolling system. The provisions of chapters 58 and 61 of the 172
general statutes shall not apply to this section. 173
Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 174
subsection (b) of this section, neither the department nor any toll 175
operator shall sell or use any toll customer information or other data 176
for commercial purposes unrelated to the charging, collection and 177
enforcement of tolls, administrative fees and penalties. 178
(b) The department may release toll customer information and other 179
data that does not directly or indirectly identify a toll customer for 180
research purposes authorized by the department. 181
(c) (1) Except as required by applicable law or in connection with an 182
administrative or court proceeding, all information that specifically 183
identifies a toll customer and relates to a specific tolling transaction 184
shall be destroyed not later than one year after the later of the tolling 185
transaction or the collection of the toll, whether through normal 186
processes or enforcement. 187
(2) Except as required by applicable law or in connection with an 188
administrative or court proceeding, all information relating to a toll 189
customer account that specifically identifies a toll customer shall be 190
destroyed not later than one year after the collection of all tolls and 191
fees incurred by such toll customer, whether through normal 192
processes, enforcement or closing of such account. 193
(d) Toll customer information and data shall not be deemed a public 194
record, as defined in section 1-200 of the general statutes. 195
(e) Toll operators shall be subject to the provisions of chapter 62a of 196
the general statutes. 197
Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 198
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the amount of a toll or an associated charge shall be afforded an 199
opportunity for a hearing with the department in accordance with the 200
provisions of chapter 54 of the general statutes. 201
(b) The department, after notice and hearing, may impose a civil 202
penalty of not more than twenty-five dollars for a first violation, not 203
more than fifty dollars for a second violation and not more than one 204
hundred dollars for a third or subsequent violation of a provision of 205
the regulations adopted pursuant to section 8 of this act on any of the 206
following persons with respect to toll nonpayment, toll evasion or 207
related fees: (1) The operator of a motor vehicle on a tolled highway; 208
(2) the registered owner of a motor vehicle operated on a tolled 209
highway, if other than the operator, if such vehicle was used or 210
operated with the express or implied permission of the registered 211
owner at the time of the tolling transaction; (3) the lessee of a motor 212
vehicle operated on a tolled highway, if other than the operator, if such 213
vehicle was used or operated with the express or implied permission 214
of the lessee at the time of the tolling transaction; and (4) the lessor of a 215
motor vehicle operated on a tolled highway. 216
(c) A copy of the motor vehicle rental agreement, lease, other 217
contract document or affidavit identifying the lessee of the motor 218
vehicle at the time of the tolling transaction shall be prima facie 219
evidence that the person named in the rental agreement, lease, other 220
contract document or affidavit was operating the motor vehicle at all 221
relevant times relating to the tolling transaction. A lessor shall 222
cooperate with the department or the toll operator, as the case may be, 223
in providing the department or toll operator any requested 224
information concerning the lessee contained in the lessor's record. 225
(d) The Department of Motor Vehicles shall provide the Department 226
of Transportation and any toll operator with the information necessary 227
to collect tolls and enforce penalties for toll nonpayment, toll evasion 228
or other toll-related violations, including, but not limited to, 229
information regarding the registered owner of a motor vehicle that was 230
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operated on a tolled highway and the make of the motor vehicle, the 231
motor vehicle's number plate and the name and address of the 232
registered owner of the motor vehicle. 233
Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 234
Transportation shall adopt regulations, in accordance with the 235
provisions of chapter 54 of the general statutes, to implement the 236
provisions of sections 3 to 7, inclusive, of this act. Such regulations 237
may include, but need not be limited to: (1) Establishment of variable 238
toll rates that take into consideration the day of the week, level of 239
congestion or anticipated congestion; (2) establishment of different fees 240
based on the type of vehicle classification, size, weight, number of 241
axles or vehicle occupancy; (3) establishment of discounts and credits 242
to a toll customer account for persons with a transponder or similar 243
device issued by the department or a toll operator; (4) the imposition 244
of surcharges, premiums or additional fees for designated users or 245
classes of users of a tolled highway who travel on such highway 246
without a transponder or similar device issued by the department or a 247
toll operator; (5) the imposition of administrative charges and penalties 248
for the late payment of tolls and toll evasion; (6) provisions to protect 249
and appropriately limit access to toll customer information and other 250
data collected, received, maintained, archived, accessed and disclosed 251
by the department; and (7) the manner in which a transponder or 252
similar device shall be located in or on a motor vehicle entering an 253
electronic tolling system if such system uses a transponder or similar 254
device. 255
(b) The Commissioner of Motor Vehicles, in consultation with the 256
Commissioner of Transportation, shall adopt regulations, in 257
accordance with the provisions of chapter 54 of the general statutes, to 258
implement the provisions of sections 3 to 7, inclusive, of this act. Such 259
regulations shall include restrictions on issuing a registration to the 260
owner of a motor vehicle who owes tolls for transit over or use of a 261
tolled highway or owes administrative charges or penalties for the late 262
payment of tolls or toll evasion. 263
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Sec. 9. (NEW) (Effective from passage) On August first of the full fiscal 264
year following the collection of tolls for transit over or use of any tolled 265
highway, and annually thereafter, the Commissioner of Transportation 266
shall submit a report, in accordance with the provisions of section 11-267
4a of the general statutes, to the joint standing committee of the 268
General Assembly having cognizance of matters relating to 269
transportation. Such report shall include all expenditures from the 270
Transportation Priority Projects account, established pursuant to 271
subsection (a) of section 1 of this act, and the status of the projects 272
listed in subsection (b) of section 1 of this act. 273
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 from passage New section
Sec. 8 from passage New section
Sec. 9 from passage New section
Statement of Purpose:
To authorize the Commissioner of Transportation to construct,
maintain and operate electronic tolling systems on Interstate 84,
Interstate 91, Interstate 95 and portions of Connecticut Route 15 to
fund transportation projects.
[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. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
SEN. ABRAMS, 13th Dist.; SEN. MARONEY, 14th Dist.
SEN. MOORE, 22nd Dist.; SEN. BRADLEY, 23rd Dist.
SEN. KUSHNER, 24th Dist.; SEN. HASKELL, 26th Dist.
SEN. NEEDLEMAN, 33rd Dist.; SEN. OSTEN, 19th Dist.
REP. ELLIOTT, 88th Dist.; REP. PERONE, 137th Dist.
S.B. 423
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