Substitute House Bill No. 5429 Public Act No. 21-28 AN ACT CONCERNING PEDESTRIAN SAFETY, THE VISION ZERO COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND CHARGES FOR CERTAIN VIOLATIONS AND THE GREENWAYS COMMEMORATIVE ACCOUNT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (c) of section 14-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (c) Except as provided in subsection (c) of section 14-300c, at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk, provided such crosswalks are not controlled by police officers or traffic control signals, each operator of a vehicle shall grant the right-of-way, and slow or stop such vehicle if necessary to so grant the right-of-way, to any pedestrian crossing the roadway within such crosswalk. [, provided such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is within that half of the roadway upon which such operator of a vehicle is traveling, or such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is crossing the roadway within such crosswalk from that half of the roadway upon which such operator is not traveling.] For the purposes of this subsection, a pedestrian is "crossing the roadway Substitute House Bill No. 5429 Public Act No. 21-28 2 of 17 within such crosswalk" when the pedestrian (1) is within any portion of the crosswalk, (2) steps to the curb at the entrance to the crosswalk and indicates his or her intent to cross the roadway by raising his or her hand and arm toward oncoming traffic, or (3) indicates his or her intent to cross the roadway by moving any part of his or her body or an extension thereof, including, but not limited to, a wheelchair, cane, walking stick, crutch, bicycle, electric bicycle, stroller, carriage, cart or leashed or harnessed dog, into the crosswalk at the entrance to the crosswalk. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle, the operator of which has stopped at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk to permit a pedestrian to cross the roadway. The operator of any vehicle crossing a sidewalk shall yield the right-of-way to each pedestrian and all other traffic upon such sidewalk. Sec. 2. (Effective from passage) (a) There is established a Vision Zero Council to develop a state-wide policy and interagency approach to eliminate all transportation-related fatalities and severe injuries to pedestrians, bicyclists, transit users, motorists and passengers. The council shall consider ways to improve safety across all modes of transportation by using data, new partnerships, safe planning and community-based solutions to achieve the goal of zero transportation- related fatalities. (b) The council shall consist of the Commissioners of Transportation, Public Health and Emergency Services and Public Protection, or their designees, and any other commissioner of a state agency, or such commissioner's designee, invited to participate by the Commissioners of Transportation, Public Health and Emergency Services and Public Protection. The Commissioner of Transportation or the commissioner's designee shall serve as chairperson of the council and shall schedule the first meeting of the council not later than September 1, 2021. The Department of Transportation shall serve as administrative staff of the Substitute House Bill No. 5429 Public Act No. 21-28 3 of 17 council. (c) The council may establish committees at any time to advise the council in carrying out its duties. (d) The council shall assist in the development of any public awareness campaign undertaken by the Department of Transportation to educate the public concerning ways to reduce transportation-related fatalities and severe injuries to pedestrians, bicyclists, transit users, motorists and passengers, and to increase awareness and improve behaviors of all users of the highways of this state. (e) On or before February 1, 2022, and annually thereafter, the council shall submit the state-wide policy and interagency approach and any other recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes. Sec. 3. Subsection (d) of section 14-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (d) In determining the advisability of such certification, the Office of the State Traffic Administration shall include, in its consideration, highway safety, bicycle and pedestrian access and safety, the width and character of the highways affected, the density of traffic thereon, the character of such traffic and the opinion and findings of the traffic authority of the municipality wherein the development is located. The [Office of the State Traffic Administration] office may require improvements to be made by the applicant to the extent that such improvements address impacts to highway safety or bicycle and pedestrian access and safety created by the addition of the applicant's proposed development or activity. If the [Office of the State Traffic Administration] office determines that such improvements, including Substitute House Bill No. 5429 Public Act No. 21-28 4 of 17 traffic signals, pavement markings, channelization, pavement widening or other changes or traffic control devices, are required to handle traffic safely and efficiently, one hundred per cent of the cost thereof shall be borne by the person building, establishing or operating such open air theater, shopping center or other development generating large volumes of traffic, except that such cost shall not be borne by any municipal agency. The Commissioner of Transportation may issue a permit to said person to construct or install the changes required by the [Office of the State Traffic Administration] office. Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this section, "moving traffic" includes, but is not limited to, a motor vehicle, bicycle, electric bicycle or electric foot scooter using a highway for the purpose of travel and a pedestrian or a person riding a bicycle, electric bicycle or electric foot scooter on a sidewalk, shoulder or bikeway for the purpose of travel, and "bikeway" has the same meaning as provided in subsection (a) of section 13a-153f of the general statutes. (b) No person shall open the door of a motor vehicle in such a manner as to cause physical contact with moving traffic with such door, provided moving traffic is traveling at a reasonable rate of speed and with due regard for the safety of all persons and property. (c) No person shall leave the door of a motor vehicle open for a period of time longer than necessary to load or unload passengers and in such a manner as to cause physical contact with moving traffic with such door. (d) Any person who violates any provision of this section shall have committed an infraction. Sec. 5. Subsection (d) of section 51-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): Substitute House Bill No. 5429 Public Act No. 21-28 5 of 17 (d) Each person who pays in any sum as a fine or forfeiture for any violation of sections 14-218a, as amended by this act, 14-219, as amended by this act, 14-222, as amended by this act, 14-223, 14-227a, 14-227m, 14- 227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 14-300, as amended by this act, 14-300d, sections 14-301 to 14-303, inclusive, section 4 of this act, or any regulation adopted under said sections or ordinance enacted in accordance with said sections shall pay an additional fee of [twenty] twenty-five dollars. The state shall remit to the municipalities in which the violations occurred the amounts paid under this subsection. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, on or before the thirtieth day of January, April, July and October in each year, shall certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official. Sec. 6. Section 14-218a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) (1) No person shall operate a motor vehicle upon any public highway of the state, or road of any specially chartered municipal association or any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any parking area as defined in section 14-212, or upon a private road on which a speed limit has been established in accordance with this subsection, or upon any school property, at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. (2) The Office of the State Traffic Administration may determine speed limits which are reasonable and safe on any state highway, bridge Substitute House Bill No. 5429 Public Act No. 21-28 6 of 17 or parkway built or maintained by the state, and differing limits may be established for different types of vehicles, and may erect or cause to be erected signs indicating such speed limits. [The] (3) Except as provided in subsection (c) of this section and section 7 of this act, the traffic authority of any town, city or borough may establish speed limits on streets, highways and bridges or in any parking area for ten cars or more or on any private road wholly within the municipality under its jurisdiction; provided such limit on streets, highways, bridges and parking areas for ten cars or more shall become effective only after application for approval thereof has been submitted in writing to the Office of the State Traffic Administration and a certificate of such approval has been forwarded by the office to the traffic authority; and provided such signs giving notice of such speed limits shall have been erected as the [Office of the State Traffic Administration] office directs, provided the erection of such signs on any private road shall be at the expense of the owner of such road. The presence of such signs adjacent to or on the highway or parking area for ten cars or more shall be prima facie evidence that they have been so placed under the direction of and with the approval of the [Office of the State Traffic Administration] office. Approval of such speed limits may be revoked by the [Office of the State Traffic Administration] office at any time if said office deems such revocation to be in the interest of public safety and welfare, and thereupon such speed limits shall cease to be effective and any signs that have been erected shall be removed. (4) Any speed in excess of [such limits] a speed limit established in accordance with this section or section 7 of this act, other than speeding as provided for in section 14-219, as amended by this act, shall be prima facie evidence that such speed is not reasonable, but the fact that the speed of a vehicle is lower than such [limits] speed limit shall not relieve the operator from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather Substitute House Bill No. 5429 Public Act No. 21-28 7 of 17 or highway conditions. (b) The Office of the State Traffic Administration shall establish a speed limit of sixty-five miles per hour on any multiple lane, limited access highways that are suitable for a speed limit of sixty-five miles per hour, taking into consideration relevant factors including design, population of area and traffic flow. (c) (1) The traffic authority of any town, city or borough may establish, modify and maintain speed limits on streets, highways and bridges or in any parking area for ten cars or more or on any private road wholly within the municipality under its jurisdiction without approval from the Office of the State Traffic Administration, provided: (A) The municipality, by vote of its legislative body, or in the case of a municipality in which the legislative body is a town meeting, its board of selectmen, permits the traffic authority to assume responsibility and authority for the establishment, modification and maintenance of the speed limits on all streets, highways and bridges and in parking areas for ten cars or more or on any private road wholly within the municipality under its jurisdiction. Such permission is not required if such legislative body or board of selectmen is also the traffic authority; (B) The traffic authority notifies the office in writing that the traffic authority is permitted under subparagraph (A) of this subdivision and intends to assume such responsibility and authority; (C) The traffic authority establishes, modifies and maintains the speed limits on all streets, highways and bridges and in parking areas for ten cars or more or on any private road wholly within the municipality under its jurisdiction; (D) The traffic authority conducts an engineering study described in subdivision (3) of this subsection; and Substitute House Bill No. 5429 Public Act No. 21-28 8 of 17 (E) The traffic authority notifies the office of each change to a speed limit on such street, highway, bridge and parking area wholly within the municipality under its jurisdiction so the office may maintain a state- wide inventory of speed limits. Any speed limit approved by the office pursuant to the provisions of subsection (a) of this section shall remain in effect until modified by a traffic authority. (2) (A) The traffic authority shall not establish or reduce a speed limit lower than twenty-five miles per hour unless (i) the speed limit is in a pedestrian safety zone pursuant to section 7 of this act, or (ii) the engineering study described in subdivision (3) of this subsection finds that a speed limit lower than twenty-five miles per hour is reasonable. (B) The traffic authority shall not reduce a speed limit by more than ten miles per hour without approval from the municipality, by vote of its legislative body, or in the case of a municipality in which the legislative body is a town meeting, its board of selectmen, if such legislative body or board of selectmen is not also the traffic authority. (C) If the traffic authority reduces a speed limit by more than ten miles per hour, the traffic authority shall erect reduced speed limit ahead signs in accordance with the standards contained in the Federal Highway Administrations Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time. (D) On any street or highway that runs into an adjoining municipality, a traffic authority shall not reduce the speed limit within one thousand feet of the boundary of the adjoining municipality by more than ten miles per hour from the speed limit on such road in the adjoining municipality without (i) approval of the adjoining municipality, by vote of its legislative body, or in the case of a municipality in which the legislative body is a town meeting, its board of selectmen, and (ii) the approval required under subparagraph (B) of this subdivision. Substitute House Bill No. 5429 Public Act No. 21-28 9 of 17 (E) If a traffic authority reduces the speed limit on any street or highway that runs into an adjoining municipality between one thousand feet and one mile of the boundary of the adjoining municipality by more than ten miles per hour from the speed limit on such road in the adjoining municipality, the traffic authority shall provide written notice of the reduced speed limit to the adjoining municipality. (3) Prior to establishing or modifying a speed limit pursuant to the provisions of subdivision (1) of this subsection, the traffic authority shall conduct an engineering study in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time, and other generally accepted engineering principles and guidance. The study shall be completed by a professional engineer licensed to practice in this state and shall consider factors, including, but not limited to, pedestrian activity, type of land use and development, parking and the record of traffic accidents in the jurisdiction of the traffic authority. (4) The Office of the State Traffic Administration may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. [(c)] (d) Any person who operates a motor vehicle at a greater rate of speed than is reasonable, other than speeding, as provided for in section 14-219, as amended by this act, shall commit the infraction of traveling unreasonably fast. Sec. 7. (NEW) (Effective October 1, 2021) (a) The traffic authority of any town, city or borough may establish a pedestrian safety zone on any street, highway and bridge or in any parking area for ten cars or more or on any private road wholly within the municipality under its jurisdiction without approval from the Office of the State Traffic Administration, provided: (1) The municipality, by vote of its legislative Substitute House Bill No. 5429 Public Act No. 21-28 10 of 17 body, or in the case of a municipality in which the legislative body is a town meeting, its board of selectmen, grants general authority to the traffic authority to establish pedestrian safety zones within the municipality. Such general authority is not required if such legislative body or board of selectmen is also the traffic authority; (2) the traffic authority conducts an engineering study described in subsection (b) of this section; (3) the posted speed limit for such zone is not less than twenty miles per hour; (4) such zone encompasses a clearly defined downtown district or community center frequented by pedestrians or is adjacent to hospital property or, in the opinion of the traffic authority, is sufficiently close to hospital property as to constitute a risk to the public safety; and (5) the traffic authority satisfies the requirements of subparagraphs (C) to (E), inclusive, of subdivision (2) of section 14-218a of the general statutes, as amended by this act, if applicable. (b) Prior to establishing a pedestrian safety zone, the traffic authority shall conduct an engineering study in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time, and other generally accepted engineering principles and guidance. The study shall be completed by a professional engineer licensed to practice in this state and shall consider factors, including, but not limited to, pedestrian activity, type of land use and development, parking and the record of traffic crashes in the area under consideration to be a pedestrian safety zone. If the study recommends the establishment of a pedestrian safety zone, the study shall also include a speed management plan and recommend actions to achieve lower motor vehicle speeds. (c) In a municipality where the Office of the State Traffic Administration approves speed limits on the streets, highways and bridges or in any parking area for ten cars or more or on any private road wholly within the municipality in accordance with section 14-218a of the general statutes, as amended by this act, the traffic authority shall Substitute House Bill No. 5429 Public Act No. 21-28 11 of 17 notify the office in writing of the establishment of any pedestrian safety zone and confirm that the requirements of this section have been satisfied. (d) If the Commissioner of Transportation or a traffic authority of any town, city or borough seeks to establish a pedestrian safety zone on a state highway that passes through a downtown or community center, the commissioner or traffic authority shall submit a written request to the Office of State Traffic Administration and include with such request the engineering study and speed management plan conducted pursuant to subsection (b) of this section. The office shall be the sole authority for establishing a pedestrian safety zone on a state highway and shall provide a written explanation of the reasons for denying any such request. (e) The Office of the State Traffic Administration may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Sec. 8. Subsection (a) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) Except as otherwise provided by this section and section 14-40a, no person shall operate a motor vehicle on any public highway of this state or private road on which a speed limit has been established in accordance with [subsection (a) of] section 14-218a, as amended by this act, or section 7 of this act, until such person has obtained a motor vehicle operator's license. Sec. 9. Subsections (a) and (b) of section 14-219 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) No person shall operate any motor vehicle (1) upon any highway, Substitute House Bill No. 5429 Public Act No. 21-28 12 of 17 road or any parking area for ten cars or more, at such a rate of speed as to endanger the life of any occupant of such motor vehicle, but not the life of any other person than such an occupant; (2) at a rate of speed greater than fifty-five miles per hour upon any highway other than a highway specified in subsection (b) of section 14-218a, as amended by this act, for which a speed limit has been established in accordance with the provisions of said subsection; (3) at a rate of speed greater than sixty- five miles per hour upon any highway specified in subsection (b) of section 14-218a, as amended by this act, for which a speed limit has been established in accordance with the provisions of said subsection; or (4) if such person is under eighteen years of age, upon any highway or road for which a speed limit of less than sixty-five miles per hour has been established in accordance with [subsection (a) of] section 14-218a, as amended by this act, or section 7 of this act, at a rate of speed more than twenty miles per hour above such speed limit. (b) Any person who operates a motor vehicle (1) on a multiple lane, limited access highway other than a highway specified in subsection (b) of section 14-218a, as amended by this act, for which a speed limit has been established in accordance with the provisions of said subsection at a rate of speed greater than fifty-five miles per hour but not greater than seventy miles per hour, (2) on a multiple lane, limited access highway specified in subsection (b) of section 14-218a, as amended by this act, for which a speed limit has been established in accordance with the provisions of said subsection at a rate of speed greater than sixty-five miles per hour but not greater than seventy miles per hour, (3) on any other highway at a rate of speed greater than fifty-five miles per hour but not greater than sixty miles per hour, or (4) if such person is under eighteen years of age, upon any highway or road for which a speed limit of less than sixty-five miles per hour has been established in accordance with [subsection (a) of] section 14-218a, as amended by this act, or section 7 of this act, at a rate of speed more than twenty miles per hour above such speed limit, shall commit an infraction, provided any such Substitute House Bill No. 5429 Public Act No. 21-28 13 of 17 person operating a truck, as defined in section 14-260n, shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars. Sec. 10. Subsection (a) of section 14-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, as amended by this act, or section 7 of this act or upon any school property recklessly, having regard to the width, traffic and use of such highway, road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation, downgrade, upon any highway, of any motor vehicle with a commercial registration with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this section. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at a rate of speed greater than eighty-five miles per hour shall constitute a violation of the provisions of this section. Sec. 11. Subdivision (1) of subsection (b) of section 14-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (b) (1) The operator of any emergency vehicle may (A) park or stand Substitute House Bill No. 5429 Public Act No. 21-28 14 of 17 such vehicle, irrespective of the provisions of this chapter, (B) except as provided in subdivision (2) of this subsection, proceed past any red light or stop signal or stop sign, but only after slowing down or stopping to the extent necessary for the safe operation of such vehicle, (C) exceed the posted speed limits or other speed limits imposed by or pursuant to section 14-218a, as amended by this act, [or] 14-219, as amended by this act, or section 7 of this act as long as such operator does not endanger life or property by so doing, and (D) disregard statutes, ordinances or regulations governing direction of movement or turning in specific directions. Sec. 12. Section 53a-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) A person is guilty of drinking while operating a motor vehicle when [he] such person drinks any alcoholic liquor while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, as amended by this act, or section 7 of this act or upon any school property. As used in this section, "alcoholic liquor" has the same meaning as provided in section 30-1. (b) Drinking while operating a motor vehicle is a class C misdemeanor. Sec. 13. Subsection (h) of section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (h) Any person who violates this section shall be fined [one] two Substitute House Bill No. 5429 Public Act No. 21-28 15 of 17 hundred [fifty] dollars for a first violation, three hundred seventy-five dollars for a second violation and [five] six hundred twenty-five dollars for a third or subsequent violation. Sec. 14. Section 14-21i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) [On and after January 1, 1998, the] The Commissioner of Motor Vehicles shall issue greenways commemorative number plates of a design to enhance public awareness of, [the] and provide funding for, state and local efforts to preserve, restore and protect greenways. The design shall be determined by agreement between the Commissioner of Energy and Environmental Protection and the Commissioner of Motor Vehicles. No use shall be made of such plates except as official registration marker plates. (b) (1) The Commissioner of Motor Vehicles shall [establish, by regulations adopted in accordance with chapter 54, a fee to be charged] charge a fee of fifty dollars for a greenways commemorative number [plates] plate, with letters and numbers selected by the commissioner, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. [The fee shall be for such number plates with letters and numbers selected by the Commissioner of Motor Vehicles. The Commissioner of Motor Vehicles may establish a higher fee for: (1) Such number plates which contain letters in place of numbers as authorized by section 14-49, in addition to the fee or fees prescribed for plates issued under said section; and (2) such number plates which are low number plates, in accordance with section 14-160, in addition to the fee or fees prescribed for plates issued under said section.] The commissioner shall deposit fifteen dollars of such fee into an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such commemorative number plates, and thirty-five dollars of such fee into the greenways commemorative account established pursuant to subsection (d) of this section. Substitute House Bill No. 5429 Public Act No. 21-28 16 of 17 (2) The commissioner shall charge a fee of seventy dollars for a greenways commemorative number plate that (A) contains letters in place of numbers as authorized by section 14-49, or (B) is a low number plate in accordance with section 14-160, in addition to the fee or fees prescribed for plates issued under said sections. The commissioner shall deposit fifteen dollars of such fee into an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such commemorative number plates, and fifty-five dollars of such fee into the greenways commemorative account. (c) No additional renewal fee shall be charged for renewal of registration for any motor vehicle bearing greenways commemorative number plates which contain letters in place of numbers, or low number plates, in excess of the renewal fee for greenways commemorative number plates with letters and numbers selected by the Commissioner of Motor Vehicles. No transfer fee shall be charged for transfer of an existing registration to or from a registration with greenways commemorative number plates. (d) There is established an account to be known as the "greenways commemorative account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be expended by the Commissioner of Energy and Environmental Protection to fund the greenways capital grant program established pursuant to section 23-101 and the bikeway, pedestrian walkway, recreational trail and greenway grant program described in section 23- 103. [(d)] (e) The Commissioner of Motor Vehicles [, in consultation with the Commissioner of Energy and Environmental Protection, shall] may adopt regulations, in accordance with the provisions of chapter 54, to establish standards and procedures for the issuance, renewal and Substitute House Bill No. 5429 Public Act No. 21-28 17 of 17 replacement of greenways commemorative number plates.