CT
Connecticut Senate Bill SB00423

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00423 Compare Versions

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7-General Assembly Substitute Bill No. 423
8-January Session, 2019
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8+General Assembly Committee Bill No. 423
9+January Session, 2019
10+LCO No. 6115
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12+
13+Referred to Committee on TRANSPORTATION
14+
15+
16+Introduced by:
17+(TRA)
1118
1219
1320
1421 AN ACT CONCERNING FU NDING FOR CONNECTICUT'S
1522 TRANSPORTATION FUTUR E.
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
1926 Section 1. (NEW) (Effective from passage) (a) There is established an 1
2027 account to be known as the "Transportation Priority Projects account" 2
21-which shall be a separate, nonlapsing account within the Special 3
28+which will be a separate, nonlapsing account within the Special 3
2229 Transportation Fund, established pursuant to section 13b-68 of the 4
23-general statutes and maintained pursuant to article thirty-second of the 5
24-amendments to the Constitution of the state. The account shall contain 6
25-any moneys required by law to be deposited into the account. Moneys 7
26-in the account shall be expended by the Commissioner of 8
27-Transportation, with the approval of the Secretary of the Office of 9
28-Policy and Management, for the payment of any and all capital costs 10
29-incurred in furtherance of the purposes set forth in subsection (b) of 11
30-section 13b-74 of the general statutes with regard to the projects 12
31-described in subsection (b) of this section, provided such expenditures 13
32-are an eligible use of toll revenue pursuant to the provisions of 23 USC 14
33-129(a)(3), as amended from time to time. 15
34-(b) The funds in the Transportation Priority Projects account shall be 16
35-expended for the following projects: 17
36-(1) Operational improvements to Interstate Route 95; 18 Substitute Bill No. 423
30+general statutes and section 19 of article third of the Constitution of the 5
31+state. The account shall contain any moneys required by law to be 6
32+deposited into the account. Moneys in the account shall be expended 7
33+by the Commissioner of Transportation, with the approval of the 8
34+Secretary of the Office of Policy and Management, for the payment of 9
35+any and all capital costs incurred in furtherance of the purposes set 10
36+forth in subsection (b) of section 13b-74 of the general statutes with 11
37+regard to the projects described in subsection (b) of this section. Such 12
38+expenditures shall be an eligible use of toll revenue pursuant to the 13
39+provisions of 23 USC 129(a)(3), as amended from time to time. 14
40+(b) The funds in the Transportation Priority Projects account shall be 15
41+expended for the following projects: 16
42+Committee Bill No. 423
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43-(2) Replacement of the viaduct on Interstate Route 84 in the town of 19
44-Hartford; 20
45-(3) Improvements to exits 3 to 8, inclusive, on Interstate Route 84 in 21
46-the town of Danbury; 22
47-(4) Improvements to the mixmaster on Interstate Route 84 in the 23
48-town of Waterbury; 24
49-(5) Operational improvements to the interchange between Interstate 25
50-Route 84 and Interstate Route 91; 26
51-(6) Replacement of movable bridges on the New Haven Line; 27
52-(7) Rail car procurements; 28
53-(8) Improvements to the Hartford Line; 29
54-(9) Improvements to the New Haven Line, including, but not 30
55-limited to: (A) Expanding the Danbury branch to include the town of 31
56-New Milford, (B) increasing the number of trains and frequency of 32
57-service on the Waterbury branch and expanding such branch to 33
58-include the towns of Seymour, Shelton and Derby, (C) adding a roof or 34
59-canopy covering at the Talmadge Hill commuter rail station in the 35
60-town of New Canaan to protect commuters from rain and snow, (D) 36
61-adding a passing siding at the New Canaan commuter rail station in 37
62-the town of New Canaan, (E) expanding the northbound side of the 38
63-parking lot and the train platforms at the Stratford commuter rail 39
64-station in the town of Stratford, and (F) improving parking and rail 40
65-structures; 41
66-(10) Removal of the traffic signal from Connecticut Route 9; 42
67-(11) Operational improvements to the interchange between 43
68-Connecticut Route 7 and Connecticut Route 15; 44
69-(12) Improvements to Heroes Tunnel in the town of New Haven; 45
70-(13) Operational improvements to the interchange between 46
71-Interstate Route 91, Interstate Route 691 and Connecticut Route 15; 47 Substitute Bill No. 423
47+(1) Operational improvements to Interstate Route 95; 17
48+(2) Replacement of the viaduct on Interstate Route 84 in the town of 18
49+Hartford; 19
50+(3) Improvements to exits 3 to 8, inclusive, on Interstate Route 84 in 20
51+the town of Danbury; 21
52+(4) Improvements to the mixmaster on Interstate Route 84 in the 22
53+town of Waterbury; 23
54+(5) Operational improvements to the interchange between Interstate 24
55+Route 84 and Interstate Route 91; 25
56+(6) Replacement of movable bridges on the New Haven Line; 26
57+(7) Rail car procurements; 27
58+(8) Improvements to the Hartford Line; 28
59+(9) Improvements to the New Haven Line, including, but not 29
60+limited to: (A) Expanding the Danbury branch to include the town of 30
61+New Milford, (B) increasing the number of trains and frequency of 31
62+service on the Waterbury branch and expanding such branch to 32
63+include the towns of Seymour, Shelton and Derby, (C) adding a roof or 33
64+canopy covering at the Talmadge Hill commuter rail station in the 34
65+town of New Canaan to protect commuters from rain and snow, (D) 35
66+adding a passing siding at the New Canaan commuter rail station in 36
67+the town of New Canaan, (E) expanding the northbound side of the 37
68+parking lot and the train platforms at the Stratford commuter rail 38
69+station in the town of Stratford, and (F) improving parking and rail 39
70+structures; 40
71+(10) Removal of the traffic signal from Connecticut Route 9; 41
72+(11) Operational improvements to the interchange between 42
73+Connecticut Route 7 and Connecticut Route 15; 43
74+(12) Improvements to Heroes Tunnel in the town of New Haven; 44
75+Committee Bill No. 423
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78-(14) Improvements to the rail yards in the towns of New Haven and 48
79-Stamford; 49
80-(15) A new commuter rail station in the town of Newington and on 50
81-New Park Avenue in the town of West Hartford; and 51
82-(16) Replacement of the Gold Star Memorial Bridge in the town of 52
83-New London. 53
84-(c) At the end of each fiscal year commencing with the fiscal year 54
85-ending June 30, 2023, and each fiscal year thereafter, the Comptroller 55
86-shall transfer any unappropriated surplus in the Special 56
87-Transportation Fund in excess of five per cent of total expenditures for 57
88-the most recently completed fiscal year to the Transportation Priority 58
89-Projects account within said fund. 59
90-Sec. 2. (NEW) (Effective from passage) As used in this section and 60
91-sections 3 to 8, inclusive, of this act: 61
92-(1) "Electronic tolling system" means an electronic system for 62
93-recording, monitoring, collecting and paying for tolls on the highways 63
94-of this state, including, but not limited to, video toll transaction 64
95-systems, transponders or other electronic transaction or payment 65
96-technology or devices; 66
97-(2) "Department" means the Department of Transportation; and 67
98-(3) "Toll operator" means a private entity that operates an electronic 68
99-tolling system pursuant to an agreement with the department and 69
100-whose duties may include, but need not be limited to, collecting tolls, 70
101-administrative charges and penalties. 71
102-Sec. 3. (NEW) (Effective from passage) (a) The department may 72
103-construct, maintain and operate electronic tolling systems on Interstate 73
104-Route 84, Interstate Route 91, Interstate Route 95 and portions of 74
105-Connecticut Route 15. The department may enter into an agreement 75
106-with a toll operator to operate such systems. 76 Substitute Bill No. 423
80+(13) Operational improvements to the interchange between 45
81+Interstate Route 91, Interstate Route 691 and Connecticut Route 15; 46
82+(14) Improvements to the rail yards in the towns of New Haven and 47
83+Stamford; 48
84+(15) A new commuter rail station in the town of Newington and on 49
85+New Park Avenue in the town of West Hartford; and 50
86+(16) Replacement of the Gold Star Memorial Bridge in the town of 51
87+New London. 52
88+(c) At the end of each fiscal year commencing with the fiscal year 53
89+ending June 30, 2023, and each fiscal year thereafter, the Comptroller 54
90+shall transfer any unappropriated surplus in the Special 55
91+Transportation Fund in excess of five per cent of total expenditures for 56
92+the most recently completed fiscal year to the Transportation Priority 57
93+Projects account within such fund. 58
94+Sec. 2. (NEW) (Effective from passage) As used in this section and 59
95+sections 3 to 8, inclusive, of this act: 60
96+(1) "Electronic tolling system" means an electronic system for 61
97+recording, monitoring, collecting and paying for tolls on the highways 62
98+of this state, including, but not limited to, video toll transaction 63
99+systems, transponders or other electronic transaction or payment 64
100+technology or devices; 65
101+(2) "Department" means the Department of Transportation; and 66
102+(3) "Toll operator" means a private entity that operates an electronic 67
103+tolling system pursuant to an agreement with the department and 68
104+whose duties may include, but need not be limited to, collecting tolls, 69
105+administrative charges and penalties. 70
106+Sec. 3. (NEW) (Effective from passage) (a) The department may 71
107+construct, maintain and operate electronic tolling systems on Interstate 72
108+Route 84, Interstate Route 91, Interstate Route 95 and portions of 73
109+Connecticut Route 15. The department may enter into an agreement 74
110+Committee Bill No. 423
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113-(b) To carry out its duties and responsibilities under this section and 77
114-sections 4 to 7, inclusive, of this act, and any regulations adopted 78
115-under section 8 of this act, the department may enter into tolling 79
116-agreements with the Federal Highway Administrati on and 80
117-coordination agreements, intergovernmental agreements or other 81
118-implementation agreements with any other federal, state or municipal 82
119-entity or agency. 83
120-(c) The department may procure, retain and expend funds for 84
121-technical, traffic, revenue and financial consultants, attorneys and 85
122-other consultants and experts to assist in the development, 86
123-implementation, maintenance and operation of electronic tolling 87
124-systems. 88
125-(d) The department may procure, retain and expend funds for toll 89
126-operators, vendors, suppliers, designers, engineers, software 90
127-designers, installers, contractors, maintenance personnel, customer 91
128-service personnel and other equipment, materials, personnel and 92
129-services for the development, implementation, maintenance and 93
130-operation of electronic tolling systems and for the collection and 94
131-enforcement of tolls. 95
132-(e) (1) The department and the Department of Motor Vehicles, either 96
133-jointly or separately, may enter into reciprocal agreements with other 97
134-states, jurisdictions and operators of toll facilities in other states to 98
135-obtain and share any toll operator information regarding an out-of-99
136-state registered owner of a vehicle that has used a tolled highway, 100
137-including the make of the motor vehicle, the motor vehicle's number 101
138-plate and the name and address of the registered owner of the motor 102
139-vehicle. 103
140-(2) The department and the Department of Motor Vehicles may 104
141-enter into, or authorize a toll operator on behalf of the departments to 105
142-enter into, reciprocal agreements with other states, jurisdictions and 106
143-operators of toll facilities in other states for the efficient collection of 107
144-tolls incurred by residents of states other than this state. 108 Substitute Bill No. 423
115+with a toll operator to operate such systems. 75
116+(b) To carry out its duties and responsibilities under this section and 76
117+sections 4 to 7, inclusive, of this act, and any regulations adopted 77
118+under section 8 of this act, the department may enter into tolling 78
119+agreements with the Federal Highway Administration and 79
120+coordination agreements, intergovernmental agreements or other 80
121+implementation agreements with any other federal, state or municipal 81
122+entity or agency. 82
123+(c) The department may procure, retain and expend funds for 83
124+technical, traffic, revenue and financial consultants, attorneys and 84
125+other consultants and experts to assist in the development, 85
126+implementation, maintenance and operation of electronic tolling 86
127+systems. 87
128+(d) The department may procure, retain and expend funds for toll 88
129+operators, vendors, suppliers, designers, engineers, software 89
130+designers, installers, contractors, maintenance personnel, customer 90
131+service personnel and other equipment, materials, personnel and 91
132+services for the development, implementation, maintenance and 92
133+operation of electronic tolling systems and for the collection and 93
134+enforcement of tolls. 94
135+(e) (1) The department and the Department of Motor Vehicles, either 95
136+jointly or separately, may enter into reciprocal agreements with other 96
137+states, jurisdictions and operators of toll facilities in other states to 97
138+obtain and share any toll operator information regarding an out-of-98
139+state registered owner of a vehicle that has used a tolled highway, 99
140+including the make of the motor vehicle, the motor vehicle's number 100
141+plate and the name and address of the registered owner of the motor 101
142+vehicle. 102
143+(2) The department and the Department of Motor Vehicles may 103
144+enter into, or authorize a toll operator on behalf of the departments to 104
145+enter into, reciprocal agreements with other states, jurisdictions and 105
146+Committee Bill No. 423
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151-Sec. 4. (NEW) (Effective from passage) (a) The department may charge, 109
152-collect, retain, fix and change the toll rates for transit over or use of any 110
153-tolled highways, except the department shall not increase the toll rates 111
154-for ten years after the commencement of an electronic tolling system 112
155-on any highway. 113
156-(b) Subject to the limitations of subsection (a) of this section, toll 114
157-rates shall be fixed and changed by the department, so as to provide, at 115
158-a minimum, funding that is sufficient to: (1) Pay costs related to tolled 116
159-highways in this state, including, but not limited to, the cost of 117
160-owning, maintaining, repairing, reconstructing, improving, 118
161-rehabilitating, using, administering, controlling and operating such 119
162-highways; (2) pay the principal of, redemption premium, if any, and 120
163-interest on notes or bonds relating to tolled highways, as such 121
164-principal, premium or interest become due and payable; and (3) create 122
165-and maintain reserves established for any of the department's highway 123
166-and bridge responsibilities under titles 13a and 13b of the general 124
167-statutes for the operation and maintenance of tolled highways. Such 125
168-sufficiency of funding may take into account the availability of funds 126
169-from other sources. 127
170-(c) Prior to commencing construction of an electronic tolling system 128
171-on any highway of this state, the department shall hold at least one 129
172-public informational meeting in the general vicinity of each proposed 130
173-toll corridor. 131
174-(d) The department shall place and maintain signs in advance of any 132
175-tolled highway to notify motor vehicle operators (1) that a toll will be 133
176-charged on such highway, and (2) how to pay such toll. 134
177-(e) Upon presentation of a transponder or similar device issued by 135
178-the department or a toll operator, the operator of any of the following 136
179-vehicles may use tolled highways without paying tolls while in the 137
180-performance of his or her official duties: (1) A motor vehicle leased or 138
181-owned by the state, (2) a motor vehicle used by a sworn member of the 139
182-Division of State Police within the Department of Emergency Services 140 Substitute Bill No. 423
151+operators of toll facilities in other states for the efficient collection of 106
152+tolls incurred by residents of states other than this state. 107
153+Sec. 4. (NEW) (Effective from passage) (a) The department may charge, 108
154+collect, retain, fix and change the toll rates for transit over or use of any 109
155+tolled highways. The department shall not increase the toll rates for ten 110
156+years after the commencement of an electronic tolling system on any 111
157+highway. 112
158+(b) Subject to the limitations of subsection (a) of this section, toll 113
159+rates shall be fixed and changed by the department, so as to provide, at 114
160+a minimum, funding that is sufficient to: (1) Pay costs related to tolled 115
161+highways in this state, including, but not limited to, the cost of 116
162+owning, maintaining, repairing, reconstructing, improving, 117
163+rehabilitating, using, administering, controlling and operating such 118
164+highways; (2) pay the principal of, redemption premium, if any, and 119
165+interest on notes or bonds relating to tolled highways, as such 120
166+principal, premium or interest become due and payable; and (3) create 121
167+and maintain reserves established for any of the department's highway 122
168+and bridge responsibilities under titles 13a and 13b of the general 123
169+statutes for the operation and maintenance of tolled highways. Such 124
170+sufficiency of funding may take into account the availability of funds 125
171+from other sources. 126
172+(c) Prior to commencing construction of an electronic tolling system 127
173+on any highway of this state, the department shall hold at least one 128
174+public informational meeting in the general vicinity of each proposed 129
175+toll corridor. 130
176+(d) The department shall place and maintain signs in advance of any 131
177+tolled highway to notify motor vehicle operators (1) that a toll will be 132
178+charged on such highway, and (2) how to pay such toll. 133
179+(e) Upon presentation of a transponder or similar device issued by 134
180+the department or a toll operator, the operator of any of the following 135
181+vehicles may use tolled highways without paying tolls while in the 136
182+Committee Bill No. 423
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189-and Public Protection, (3) a fire department vehicle, (4) an ambulance 141
190-or motor vehicle operated by a member of an emergency medical 142
191-service organization, and (5) a motor vehicle used to provide public 143
192-transit services. 144
193-(f) All revenues received by the department from tolls and the 145
194-imposition of civil penalties associated with toll nonpayment, toll 146
195-evasion or other toll-related violations shall be deposited into the 147
196-Special Transportation Fund, established pursuant to section 13b-68 of 148
197-the general statutes and maintained pursuant to article thirty-second of 149
198-the amendments to the Constitution of the state. Such revenues shall 150
199-be expended in accordance with the (1) provisions of 23 USC 129(a)(3), 151
200-as amended from time to time, including, but not limited to, the 152
201-payment of debt service on obligations incurred for projects on tolled 153
202-highways, the costs of improving, operating and maintaining tolled 154
203-highways and any other project eligible for federal funding under Title 155
204-23 of the United States Code, as amended from time to time, and (2) 156
205-requirements of the Value Pricing Pilot Program, established pursuant 157
206-to Section 1012(b) of the Intermodal Surface Transportation Efficiency 158
207-Act of 1991, including, but not limited to, the cost of mitigation 159
208-measures to address potential effects of tolled highways on low-160
209-income motor vehicle operators. 161
210-(g) Tolls shall not be subject to and shall be exempt from taxation of 162
211-every kind by the state and by the municipalities and all other political 163
212-subdivisions or special districts having taxing powers in the state. 164
213-Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 165
214-operated by the department or a toll operator shall be interoperable 166
215-with all other electronic tolling systems in this state and shall comply 167
216-with all state and federal interoperability requirements and standards. 168
217-Such tolling system interoperability shall extend to system technology 169
218-and the transfer of funds. The Commissioners of Transportation and 170
219-Motor Vehicles, in consultation with the Commissioner of 171
220-Administrative Services, shall ensure the coordination and 172
221-compatibility of information system technology and data of any 173 Substitute Bill No. 423
187+performance of his or her official duties: (1) A motor vehicle leased or 137
188+owned by the state, (2) a motor vehicle used by a sworn member of the 138
189+Division of State Police within the Department of Emergency Services 139
190+and Public Protection, (3) a fire department vehicle, (4) an ambulance 140
191+or motor vehicle operated by a member of an emergency medical 141
192+service organization, and (5) a motor vehicle used to provide public 142
193+transit services. 143
194+(f) All revenues received by the department from tolls and the 144
195+imposition of civil penalties associated with toll nonpayment, toll 145
196+evasion or other toll-related violations shall be deposited into the 146
197+Special Transportation Fund, established pursuant to section 13b-68 of 147
198+the general statutes and section 19 of article third of the Constitution of 148
199+the state. Such revenues shall be expended in accordance with the (1) 149
200+provisions of 23 USC 129(a)(3), as amended from time to time, 150
201+including, but not limited to, the payment of debt service on 151
202+obligations incurred for projects on tolled highways, the costs of 152
203+improving, operating and maintaining tolled highways and any other 153
204+project eligible for federal funding under Title 23 of the United States 154
205+Code, as amended from time to time, and (2) requirements of the 155
206+Value Pricing Pilot Program, established pursuant to section 1012(b) of 156
207+the Intermodal Surface Transportation Efficiency Act, including, but 157
208+not limited to, the cost of mitigation measures to address potential 158
209+effects of tolled highways on low-income motor vehicle operators. 159
210+(g) Tolls shall not be subject to and shall be exempt from taxation of 160
211+every kind by the state and by the municipalities and all other political 161
212+subdivisions or special districts having taxing powers in the state. 162
213+Sec. 5. (NEW) (Effective from passage) Any electronic tolling system 163
214+operated by the department or a toll operator shall be interoperable 164
215+with all other electronic tolling systems in this state and shall comply 165
216+with all state and federal interoperability requirements and standards. 166
217+Such tolling system interoperability shall extend to system technology 167
218+and the transfer of funds. The Commissioners of Transportation and 168
219+Committee Bill No. 423
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228-electronic tolling system. The provisions of chapters 58 and 61 of the 174
229-general statutes shall not apply to this section. 175
230-Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 176
231-subsection (b) of this section, neither the department nor any toll 177
232-operator shall sell or use any toll customer information or other data 178
233-for commercial purposes unrelated to the charging, collection and 179
234-enforcement of tolls, administrative fees and penalties. 180
235-(b) The department may release toll customer information and other 181
236-data that does not directly or indirectly identify a toll customer for 182
237-research purposes authorized by the department. 183
238-(c) (1) Except as required by applicable law or in connection with an 184
239-administrative or court proceeding, all information that specifically 185
240-identifies a toll customer and relates to a specific tolling transaction 186
241-shall be destroyed not later than one year after the later of the tolling 187
242-transaction or the collection of the toll, whether through normal 188
243-processes or enforcement. 189
244-(2) Except as required by applicable law or in connection with an 190
245-administrative or court proceeding, all information relating to a toll 191
246-customer account that specifically identifies a toll customer shall be 192
247-destroyed not later than one year after the collection of all tolls and 193
248-fees incurred by such toll customer, whether through normal 194
249-processes, enforcement or closing of such account. 195
250-(d) Toll customer information and data shall not be deemed a public 196
251-record, as defined in section 1-200 of the general statutes. 197
252-(e) Toll operators shall be subject to the provisions of chapter 62a of 198
253-the general statutes. 199
254-Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 200
255-the amount of a toll or an associated charge shall be afforded an 201
256-opportunity for a hearing with the department in accordance with the 202
257-provisions of chapter 54 of the general statutes. 203 Substitute Bill No. 423
224+Motor Vehicles, in consultation with the Commissioner of 169
225+Administrative Services, shall ensure the coordination and 170
226+compatibility of information system technology and data of any 171
227+electronic tolling system. The provisions of chapters 58 and 61 of the 172
228+general statutes shall not apply to this section. 173
229+Sec. 6. (NEW) (Effective from passage) (a) Except as provided in 174
230+subsection (b) of this section, neither the department nor any toll 175
231+operator shall sell or use any toll customer information or other data 176
232+for commercial purposes unrelated to the charging, collection and 177
233+enforcement of tolls, administrative fees and penalties. 178
234+(b) The department may release toll customer information and other 179
235+data that does not directly or indirectly identify a toll customer for 180
236+research purposes authorized by the department. 181
237+(c) (1) Except as required by applicable law or in connection with an 182
238+administrative or court proceeding, all information that specifically 183
239+identifies a toll customer and relates to a specific tolling transaction 184
240+shall be destroyed not later than one year after the later of the tolling 185
241+transaction or the collection of the toll, whether through normal 186
242+processes or enforcement. 187
243+(2) Except as required by applicable law or in connection with an 188
244+administrative or court proceeding, all information relating to a toll 189
245+customer account that specifically identifies a toll customer shall be 190
246+destroyed not later than one year after the collection of all tolls and 191
247+fees incurred by such toll customer, whether through normal 192
248+processes, enforcement or closing of such account. 193
249+(d) Toll customer information and data shall not be deemed a public 194
250+record, as defined in section 1-200 of the general statutes. 195
251+(e) Toll operators shall be subject to the provisions of chapter 62a of 196
252+the general statutes. 197
253+Sec. 7. (NEW) (Effective from passage) (a) Any person who contests 198
254+Committee Bill No. 423
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264-(b) The department, after notice and hearing, may impose a civil 204
265-penalty of not more than twenty-five dollars for a first violation, not 205
266-more than fifty dollars for a second violation and not more than one 206
267-hundred dollars for a third or subsequent violation of a provision of 207
268-the regulations adopted pursuant to section 8 of this act on any of the 208
269-following persons with respect to toll nonpayment, toll evasion or 209
270-related fees: (1) The operator of a motor vehicle on a tolled highway; 210
271-(2) the registered owner of a motor vehicle operated on a tolled 211
272-highway, if other than the operator, if such vehicle was used or 212
273-operated with the express or implied permission of the registered 213
274-owner at the time of the tolling transaction; (3) the lessee of a motor 214
275-vehicle operated on a tolled highway, if other than the operator, if such 215
276-vehicle was used or operated with the express or implied permission 216
277-of the lessee at the time of the tolling transaction; and (4) the lessor of a 217
278-motor vehicle operated on a tolled highway. 218
279-(c) A copy of the motor vehicle rental agreement, lease, other 219
280-contract document or affidavit identifying the lessee of the motor 220
281-vehicle at the time of the tolling transaction shall be prima facie 221
282-evidence that the person named in the rental agreement, lease, other 222
283-contract document or affidavit was operating the motor vehicle at all 223
284-relevant times relating to the tolling transaction. A lessor shall 224
285-cooperate with the department or the toll operator, as the case may be, 225
286-in providing the department or toll operator any requested 226
287-information concerning the lessee contained in the lessor's record. 227
288-(d) The Department of Motor Vehicles shall provide the Department 228
289-of Transportation and any toll operator with the information necessary 229
290-to collect tolls and enforce penalties for toll nonpayment, toll evasion 230
291-or other toll-related violations, including, but not limited to, 231
292-information regarding the registered owner of a motor vehicle that was 232
293-operated on a tolled highway and the make of the motor vehicle, the 233
294-motor vehicle's number plate and the name and address of the 234
295-registered owner of the motor vehicle. 235
296-Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 236 Substitute Bill No. 423
259+the amount of a toll or an associated charge shall be afforded an 199
260+opportunity for a hearing with the department in accordance with the 200
261+provisions of chapter 54 of the general statutes. 201
262+(b) The department, after notice and hearing, may impose a civil 202
263+penalty of not more than twenty-five dollars for a first violation, not 203
264+more than fifty dollars for a second violation and not more than one 204
265+hundred dollars for a third or subsequent violation of a provision of 205
266+the regulations adopted pursuant to section 8 of this act on any of the 206
267+following persons with respect to toll nonpayment, toll evasion or 207
268+related fees: (1) The operator of a motor vehicle on a tolled highway; 208
269+(2) the registered owner of a motor vehicle operated on a tolled 209
270+highway, if other than the operator, if such vehicle was used or 210
271+operated with the express or implied permission of the registered 211
272+owner at the time of the tolling transaction; (3) the lessee of a motor 212
273+vehicle operated on a tolled highway, if other than the operator, if such 213
274+vehicle was used or operated with the express or implied permission 214
275+of the lessee at the time of the tolling transaction; and (4) the lessor of a 215
276+motor vehicle operated on a tolled highway. 216
277+(c) A copy of the motor vehicle rental agreement, lease, other 217
278+contract document or affidavit identifying the lessee of the motor 218
279+vehicle at the time of the tolling transaction shall be prima facie 219
280+evidence that the person named in the rental agreement, lease, other 220
281+contract document or affidavit was operating the motor vehicle at all 221
282+relevant times relating to the tolling transaction. A lessor shall 222
283+cooperate with the department or the toll operator, as the case may be, 223
284+in providing the department or toll operator any requested 224
285+information concerning the lessee contained in the lessor's record. 225
286+(d) The Department of Motor Vehicles shall provide the Department 226
287+of Transportation and any toll operator with the information necessary 227
288+to collect tolls and enforce penalties for toll nonpayment, toll evasion 228
289+or other toll-related violations, including, but not limited to, 229
290+information regarding the registered owner of a motor vehicle that was 230
291+Committee Bill No. 423
297292
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303-Transportation shall adopt regulations, in accordance with the 237
304-provisions of chapter 54 of the general statutes, to implement the 238
305-provisions of sections 3 to 7, inclusive, of this act. Such regulations 239
306-may include, but need not be limited to: (1) Establishment of variable 240
307-toll rates that take into consideration the day of the week, level of 241
308-congestion or anticipated congestion; (2) establishment of different fees 242
309-based on the type of vehicle classification, size, weight, number of 243
310-axles or vehicle occupancy; (3) establishment of discounts and credits 244
311-to a toll customer account for persons with a transponder or similar 245
312-device issued by the department or a toll operator; (4) the imposition 246
313-of surcharges, premiums or additional fees for designated users or 247
314-classes of users of a tolled highway who travel on such highway 248
315-without a transponder or similar device issued by the department or a 249
316-toll operator; (5) the imposition of administrative charges and penalties 250
317-for the late payment of tolls and toll evasion; (6) provisions to protect 251
318-and appropriately limit access to toll customer information and other 252
319-data collected, received, maintained, archived, accessed and disclosed 253
320-by the department; and (7) the manner in which a transponder or 254
321-similar device shall be located in or on a motor vehicle entering an 255
322-electronic tolling system if such system uses a transponder or similar 256
323-device. 257
324-(b) The Commissioner of Motor Vehicles, in consultation with the 258
325-Commissioner of Transportation, shall adopt regulations, in 259
326-accordance with the provisions of chapter 54 of the general statutes, to 260
327-implement the provisions of sections 3 to 7, inclusive, of this act. Such 261
328-regulations shall include restrictions on issuing a registration to the 262
329-owner of a motor vehicle who owes tolls for transit over or use of a 263
330-tolled highway or owes administrative charges or penalties for the late 264
331-payment of tolls or toll evasion. 265
332-Sec. 9. (NEW) (Effective from passage) On August first of the next full 266
333-fiscal year following the collection of tolls for transit over or use of any 267
334-tolled highway, and annually thereafter, the Commissioner of 268
335-Transportation shall submit a report, in accordance with the provisions 269 Substitute Bill No. 423
296+operated on a tolled highway and the make of the motor vehicle, the 231
297+motor vehicle's number plate and the name and address of the 232
298+registered owner of the motor vehicle. 233
299+Sec. 8. (NEW) (Effective from passage) (a) The Commissioner of 234
300+Transportation shall adopt regulations, in accordance with the 235
301+provisions of chapter 54 of the general statutes, to implement the 236
302+provisions of sections 3 to 7, inclusive, of this act. Such regulations 237
303+may include, but need not be limited to: (1) Establishment of variable 238
304+toll rates that take into consideration the day of the week, level of 239
305+congestion or anticipated congestion; (2) establishment of different fees 240
306+based on the type of vehicle classification, size, weight, number of 241
307+axles or vehicle occupancy; (3) establishment of discounts and credits 242
308+to a toll customer account for persons with a transponder or similar 243
309+device issued by the department or a toll operator; (4) the imposition 244
310+of surcharges, premiums or additional fees for designated users or 245
311+classes of users of a tolled highway who travel on such highway 246
312+without a transponder or similar device issued by the department or a 247
313+toll operator; (5) the imposition of administrative charges and penalties 248
314+for the late payment of tolls and toll evasion; (6) provisions to protect 249
315+and appropriately limit access to toll customer information and other 250
316+data collected, received, maintained, archived, accessed and disclosed 251
317+by the department; and (7) the manner in which a transponder or 252
318+similar device shall be located in or on a motor vehicle entering an 253
319+electronic tolling system if such system uses a transponder or similar 254
320+device. 255
321+(b) The Commissioner of Motor Vehicles, in consultation with the 256
322+Commissioner of Transportation, shall adopt regulations, in 257
323+accordance with the provisions of chapter 54 of the general statutes, to 258
324+implement the provisions of sections 3 to 7, inclusive, of this act. Such 259
325+regulations shall include restrictions on issuing a registration to the 260
326+owner of a motor vehicle who owes tolls for transit over or use of a 261
327+tolled highway or owes administrative charges or penalties for the late 262
328+payment of tolls or toll evasion. 263
329+Committee Bill No. 423
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342-of section 11-4a of the general statutes, to the joint standing committee 270
343-of the General Assembly having cognizance of matters relating to 271
344-transportation. Such report shall include all expenditures from the 272
345-Transportation Priority Projects account, established pursuant to 273
346-subsection (a) of section 1 of this act, and the status of the projects 274
347-listed in subsection (b) of section 1 of this act. 275
334+Sec. 9. (NEW) (Effective from passage) On August first of the full fiscal 264
335+year following the collection of tolls for transit over or use of any tolled 265
336+highway, and annually thereafter, the Commissioner of Transportation 266
337+shall submit a report, in accordance with the provisions of section 11-267
338+4a of the general statutes, to the joint standing committee of the 268
339+General Assembly having cognizance of matters relating to 269
340+transportation. Such report shall include all expenditures from the 270
341+Transportation Priority Projects account, established pursuant to 271
342+subsection (a) of section 1 of this act, and the status of the projects 272
343+listed in subsection (b) of section 1 of this act. 273
348344 This act shall take effect as follows and shall amend the following
349345 sections:
350346
351347 Section 1 from passage New section
352348 Sec. 2 from passage New section
353349 Sec. 3 from passage New section
354350 Sec. 4 from passage New section
355351 Sec. 5 from passage New section
356352 Sec. 6 from passage New section
357353 Sec. 7 from passage New section
358354 Sec. 8 from passage New section
359355 Sec. 9 from passage New section
360356
361-Statement of Legislative Commissioners:
362-In Section 1(a) and 4(f), "section 19 of article third of" was changed to
363-"maintained pursuant to article thirty-second of the amendments to",
364-in Section 1(a), ". Such expenditures shall be" was changed to ",
365-provided such expenditures are" for accuracy and clarity; in Section
366-4(a), ". The" was changed to ", except the" for clarity; in Section 4(f), "of
367-1991" was inserted after "Intermodal Surface Transportation Efficiency
368-Act" for accuracy; and in Section 9, "next" was inserted before "full" for
369-clarity.
357+Statement of Purpose:
358+To authorize the Commissioner of Transportation to construct,
359+maintain and operate electronic tolling systems on Interstate 84,
360+Interstate 91, Interstate 95 and portions of Connecticut Route 15 to
361+fund transportation projects.
362+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
363+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
364+not underlined.]
370365
371-TRA Joint Favorable Subst. -LCO
366+Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
367+SEN. ABRAMS, 13th Dist.; SEN. MARONEY, 14th Dist.
368+SEN. MOORE, 22nd Dist.; SEN. BRADLEY, 23rd Dist.
369+SEN. KUSHNER, 24th Dist.; SEN. HASKELL, 26th Dist.
370+SEN. NEEDLEMAN, 33rd Dist.; SEN. OSTEN, 19th Dist.
371+REP. ELLIOTT, 88th Dist.; REP. PERONE, 137th Dist.
372+
373+S.B. 423
374+Committee Bill No. 423
375+
376+
377+LCO No. 6115 11 of 11
378+
379+
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