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General Assembly Substitute Bill No. 423
January Session, 2019
AN ACT CONCERNING FU NDING FOR CONNECTICU T'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 shall be a separate, nonlapsing account within the Special 3
Transportation Fund, established pursuant to section 13b-68 of the 4
general statutes and maintained pursuant to article thirty-second of the 5
amendments to the Constitution of the state. The account shall contain 6
any moneys required by law to be deposited into the account. Moneys 7
in the account shall be expended by the Commissioner of 8
Transportation, with the approval of the Secretary of the Office of 9
Policy and Management, for the payment of any and all capital costs 10
incurred in furtherance of the purposes set forth in subsection (b) of 11
section 13b-74 of the general statutes with regard to the projects 12
described in subsection (b) of this section, provided such expenditures 13
are an eligible use of toll revenue pursuant to the provisions of 23 USC 14
129(a)(3), as amended from time to time. 15
(b) The funds in the Transportation Priority Projects account shall be 16
expended for the following projects: 17
(1) Operational improvements to Interstate Route 95; 18 Substitute Bill No. 423
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(2) Replacement of the viaduct on Interstate Route 84 in the town of 19
Hartford; 20
(3) Improvements to exits 3 to 8, inclusive, on Interstate Route 84 in 21
the town of Danbury; 22
(4) Improvements to the mixmaster on Interstate Route 84 in the 23
town of Waterbury; 24
(5) Operational improvements to the interchange between Interstate 25
Route 84 and Interstate Route 91; 26
(6) Replacement of movable bridges on the New Haven Line; 27
(7) Rail car procurements; 28
(8) Improvements to the Hartford Line; 29
(9) Improvements to the New Haven Line, including, but not 30
limited to: (A) Expanding the Danbury branch to include the town of 31
New Milford, (B) increasing the number of trains and frequency of 32
service on the Waterbury branch and expanding such branch to 33
include the towns of Seymour, Shelton and Derby, (C) adding a roof or 34
canopy covering at the Talmadge Hill commuter rail station in the 35
town of New Canaan to protect commuters from rain and snow, (D) 36
adding a passing siding at the New Canaan commuter rail station in 37
the town of New Canaan, (E) expanding the northbound side of the 38
parking lot and the train platforms at the Stratford commuter rail 39
station in the town of Stratford, and (F) improving parking and rail 40
structures; 41
(10) Removal of the traffic signal from Connecticut Route 9; 42
(11) Operational improvements to the interchange between 43
Connecticut Route 7 and Connecticut Route 15; 44
(12) Improvements to Heroes Tunnel in the town of New Haven; 45
(13) Operational improvements to the interchange between 46
Interstate Route 91, Interstate Route 691 and Connecticut Route 15; 47 Substitute Bill No. 423
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(14) Improvements to the rail yards in the towns of New Haven and 48
Stamford; 49
(15) A new commuter rail station in the town of Newington and on 50
New Park Avenue in the town of West Hartford; and 51
(16) Replacement of the Gold Star Memorial Bridge in the town of 52
New London. 53
(c) At the end of each fiscal year commencing with the fiscal year 54
ending June 30, 2023, and each fiscal year thereafter, the Comptroller 55
shall transfer any unappropriated surplus in the Special 56
Transportation Fund in excess of five per cent of total expenditures for 57
the most recently completed fiscal year to the Transportation Priority 58
Projects account within said fund. 59
Sec. 2. (NEW) (Effective from passage) As used in this section and 60
sections 3 to 8, inclusive, of this act: 61
(1) "Electronic tolling system" means an electronic system for 62
recording, monitoring, collecting and paying for tolls on the highways 63
of this state, including, but not limited to, video toll transaction 64
systems, transponders or other electronic transaction or payment 65
technology or devices; 66
(2) "Department" means the Department of Transportation; and 67
(3) "Toll operator" means a private entity that operates an electronic 68
tolling system pursuant to an agreement with the department and 69
whose duties may include, but need not be limited to, collecting tolls, 70
administrative charges and penalties. 71
Sec. 3. (NEW) (Effective from passage) (a) The department may 72
construct, maintain and operate electronic tolling systems on Interstate 73
Route 84, Interstate Route 91, Interstate Route 95 and portions of 74
Connecticut Route 15. The department may enter into an agreement 75
with a toll operator to operate such systems. 76 Substitute Bill No. 423
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(b) To carry out its duties and responsibilities under this section and 77
sections 4 to 7, inclusive, of this act, and any regulations adopted 78
under section 8 of this act, the department may enter into tolling 79
agreements with the Federal Highway Administrati on and 80
coordination agreements, intergovernmental agreements or other 81
implementation agreements with any other federal, state or municipal 82
entity or agency. 83
(c) The department may procure, retain and expend funds for 84
technical, traffic, revenue and financial consultants, attorneys and 85
other consultants and experts to assist in the development, 86
implementation, maintenance and operation of electronic tolling 87
systems. 88
(d) The department may procure, retain and expend funds for toll 89
operators, vendors, suppliers, designers, engineers, software 90
designers, installers, contractors, maintenance personnel, customer 91
service personnel and other equipment, materials, personnel and 92
services for the development, implementation, maintenance and 93
operation of electronic tolling systems and for the collection and 94
enforcement of tolls. 95
(e) (1) The department and the Department of Motor Vehicles, either 96
jointly or separately, may enter into reciprocal agreements with other 97
states, jurisdictions and operators of toll facilities in other states to 98
obtain and share any toll operator information regarding an out-of-99
state registered owner of a vehicle that has used a tolled highway, 100
including the make of the motor vehicle, the motor vehicle's number 101
plate and the name and address of the registered owner of the motor 102
vehicle. 103
(2) The department and the Department of Motor Vehicles may 104
enter into, or authorize a toll operator on behalf of the departments to 105
enter into, reciprocal agreements with other states, jurisdictions and 106
operators of toll facilities in other states for the efficient collection of 107
tolls incurred by residents of states other than this state. 108 Substitute Bill No. 423
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Sec. 4. (NEW) (Effective from passage) (a) The department may charge, 109
collect, retain, fix and change the toll rates for transit over or use of any 110
tolled highways, except the department shall not increase the toll rates 111
for ten years after the commencement of an electronic tolling system 112
on any highway. 113
(b) Subject to the limitations of subsection (a) of this section, toll 114
rates shall be fixed and changed by the department, so as to provide, at 115
a minimum, funding that is sufficient to: (1) Pay costs related to tolled 116
highways in this state, including, but not limited to, the cost of 117
owning, maintaining, repairing, reconstructing, improving, 118
rehabilitating, using, administering, controlling and operating such 119
highways; (2) pay the principal of, redemption premium, if any, and 120
interest on notes or bonds relating to tolled highways, as such 121
principal, premium or interest become due and payable; and (3) create 122
and maintain reserves established for any of the department's highway 123
and bridge responsibilities under titles 13a and 13b of the general 124
statutes for the operation and maintenance of tolled highways. Such 125
sufficiency of funding may take into account the availability of funds 126
from other sources. 127
(c) Prior to commencing construction of an electronic tolling system 128
on any highway of this state, the department shall hold at least one 129
public informational meeting in the general vicinity of each proposed 130
toll corridor. 131
(d) The department shall place and maintain signs in advance of any 132
tolled highway to notify motor vehicle operators (1) that a toll will be 133
charged on such highway, and (2) how to pay such toll. 134
(e) Upon presentation of a transponder or similar device issued by 135
the department or a toll operator, the operator of any of the following 136
vehicles may use tolled highways without paying tolls while in the 137
performance of his or her official duties: (1) A motor vehicle leased or 138
owned by the state, (2) a motor vehicle used by a sworn member of the 139
Division of State Police within the Department of Emergency Services 140 Substitute Bill No. 423
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and Public Protection, (3) a fire department vehicle, (4) an ambulance 141
or motor vehicle operated by a member of an emergency medical 142
service organization, and (5) a motor vehicle used to provide public 143
transit services. 144
(f) All revenues received by the department from tolls and the 145
imposition of civil penalties associated with toll nonpayment, toll 146
evasion or other toll-related violations shall be deposited into the 147
Special Transportation Fund, established pursuant to section 13b-68 of 148
the general statutes and maintained pursuant to article thirty-second of 149
the amendments to the Constitution of the state. Such revenues shall 150
be expended in accordance with the (1) provisions of 23 USC 129(a)(3), 151
as amended from time to time, including, but not limited to, the 152
payment of debt service on obligations incurred for projects on tolled 153
highways, the costs of improving, operating and maintaining tolled 154
highways and any other project eligible for federal funding under Title 155
23 of the United States Code, as amended from time to time, and (2) 156
requirements of the Value Pricing Pilot Program, established pursuant 157
to Section 1012(b) of the Intermodal Surface Transportation Efficiency 158
Act of 1991, including, but not limited to, the cost of mitigation 159
measures to address potential effects of tolled highways on low-160
income motor vehicle operators. 161
(g) Tolls shall not be subject to and shall be exempt from taxation of 162
every kind by the state and by the municipalities and all other political 163
subdivisions or special districts having taxing powers in the state. 164
Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 165
operated by the department or a toll operator shall be interoperable 166
with all other electronic tolling systems in this state and shall comply 167
with all state and federal interoperability requirements and standards. 168
Such tolling system interoperability shall extend to system technology 169
and the transfer of funds. The Commissioners of Transportation and 170
Motor Vehicles, in consultation with the Commissioner of 171
Administrative Services, shall ensure the coordination and 172
compatibility of information system technology and data of any 173 Substitute Bill No. 423
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electronic tolling system. The provisions of chapters 58 and 61 of the 174
general statutes shall not apply to this section. 175
Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 176
subsection (b) of this section, neither the department nor any toll 177
operator shall sell or use any toll customer information or other data 178
for commercial purposes unrelated to the charging, collection and 179
enforcement of tolls, administrative fees and penalties. 180
(b) The department may release toll customer information and other 181
data that does not directly or indirectly identify a toll customer for 182
research purposes authorized by the department. 183
(c) (1) Except as required by applicable law or in connection with an 184
administrative or court proceeding, all information that specifically 185
identifies a toll customer and relates to a specific tolling transaction 186
shall be destroyed not later than one year after the later of the tolling 187
transaction or the collection of the toll, whether through normal 188
processes or enforcement. 189
(2) Except as required by applicable law or in connection with an 190
administrative or court proceeding, all information relating to a toll 191
customer account that specifically identifies a toll customer shall be 192
destroyed not later than one year after the collection of all tolls and 193
fees incurred by such toll customer, whether through normal 194
processes, enforcement or closing of such account. 195
(d) Toll customer information and data shall not be deemed a public 196
record, as defined in section 1-200 of the general statutes. 197
(e) Toll operators shall be subject to the provisions of chapter 62a of 198
the general statutes. 199
Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 200
the amount of a toll or an associated charge shall be afforded an 201
opportunity for a hearing with the department in accordance with the 202
provisions of chapter 54 of the general statutes. 203 Substitute Bill No. 423
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(b) The department, after notice and hearing, may impose a civil 204
penalty of not more than twenty-five dollars for a first violation, not 205
more than fifty dollars for a second violation and not more than one 206
hundred dollars for a third or subsequent violation of a provision of 207
the regulations adopted pursuant to section 8 of this act on any of the 208
following persons with respect to toll nonpayment, toll evasion or 209
related fees: (1) The operator of a motor vehicle on a tolled highway; 210
(2) the registered owner of a motor vehicle operated on a tolled 211
highway, if other than the operator, if such vehicle was used or 212
operated with the express or implied permission of the registered 213
owner at the time of the tolling transaction; (3) the lessee of a motor 214
vehicle operated on a tolled highway, if other than the operator, if such 215
vehicle was used or operated with the express or implied permission 216
of the lessee at the time of the tolling transaction; and (4) the lessor of a 217
motor vehicle operated on a tolled highway. 218
(c) A copy of the motor vehicle rental agreement, lease, other 219
contract document or affidavit identifying the lessee of the motor 220
vehicle at the time of the tolling transaction shall be prima facie 221
evidence that the person named in the rental agreement, lease, other 222
contract document or affidavit was operating the motor vehicle at all 223
relevant times relating to the tolling transaction. A lessor shall 224
cooperate with the department or the toll operator, as the case may be, 225
in providing the department or toll operator any requested 226
information concerning the lessee contained in the lessor's record. 227
(d) The Department of Motor Vehicles shall provide the Department 228
of Transportation and any toll operator with the information necessary 229
to collect tolls and enforce penalties for toll nonpayment, toll evasion 230
or other toll-related violations, including, but not limited to, 231
information regarding the registered owner of a motor vehicle that was 232
operated on a tolled highway and the make of the motor vehicle, the 233
motor vehicle's number plate and the name and address of the 234
registered owner of the motor vehicle. 235
Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 236 Substitute Bill No. 423
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Transportation shall adopt regulations, in accordance with the 237
provisions of chapter 54 of the general statutes, to implement the 238
provisions of sections 3 to 7, inclusive, of this act. Such regulations 239
may include, but need not be limited to: (1) Establishment of variable 240
toll rates that take into consideration the day of the week, level of 241
congestion or anticipated congestion; (2) establishment of different fees 242
based on the type of vehicle classification, size, weight, number of 243
axles or vehicle occupancy; (3) establishment of discounts and credits 244
to a toll customer account for persons with a transponder or similar 245
device issued by the department or a toll operator; (4) the imposition 246
of surcharges, premiums or additional fees for designated users or 247
classes of users of a tolled highway who travel on such highway 248
without a transponder or similar device issued by the department or a 249
toll operator; (5) the imposition of administrative charges and penalties 250
for the late payment of tolls and toll evasion; (6) provisions to protect 251
and appropriately limit access to toll customer information and other 252
data collected, received, maintained, archived, accessed and disclosed 253
by the department; and (7) the manner in which a transponder or 254
similar device shall be located in or on a motor vehicle entering an 255
electronic tolling system if such system uses a transponder or similar 256
device. 257
(b) The Commissioner of Motor Vehicles, in consultation with the 258
Commissioner of Transportation, shall adopt regulations, in 259
accordance with the provisions of chapter 54 of the general statutes, to 260
implement the provisions of sections 3 to 7, inclusive, of this act. Such 261
regulations shall include restrictions on issuing a registration to the 262
owner of a motor vehicle who owes tolls for transit over or use of a 263
tolled highway or owes administrative charges or penalties for the late 264
payment of tolls or toll evasion. 265
Sec. 9. (NEW) (Effective from passage) On August first of the next full 266
fiscal year following the collection of tolls for transit over or use of any 267
tolled highway, and annually thereafter, the Commissioner of 268
Transportation shall submit a report, in accordance with the provisions 269 Substitute Bill No. 423
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of section 11-4a of the general statutes, to the joint standing committee 270
of the General Assembly having cognizance of matters relating to 271
transportation. Such report shall include all expenditures from the 272
Transportation Priority Projects account, established pursuant to 273
subsection (a) of section 1 of this act, and the status of the projects 274
listed in subsection (b) of section 1 of this act. 275
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 Legislative Commissioners:
In Section 1(a) and 4(f), "section 19 of article third of" was changed to
"maintained pursuant to article thirty-second of the amendments to",
in Section 1(a), ". Such expenditures shall be" was changed to ",
provided such expenditures are" for accuracy and clarity; in Section
4(a), ". The" was changed to ", except the" for clarity; in Section 4(f), "of
1991" was inserted after "Intermodal Surface Transportation Efficiency
Act" for accuracy; and in Section 9, "next" was inserted before "full" for
clarity.
TRA Joint Favorable Subst. -LCO