Connecticut 2022 Regular Session

Connecticut Senate Bill SB00106 Compare Versions

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5		-	General Assembly Substitute Bill No. 106
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	9	+	General Assembly Raised Bill No. 106
6	10		February Session, 2022
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	14	+	Referred to Committee on APPROPRIATIONS
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	17	+	Introduced by:
	18	+	(APP)
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12	23		AN ACT CONCERNING LEGISLATIVE OVERSIGHT AND APPROVAL
13	24		FOR THE EXPENDITURE OF FEDERAL TRANSPORTATION
14	25		INFRASTRUCTURE FUNDING.
15	26		Be it enacted by the Senate and House of Representatives in General
16	27		Assembly convened:
17	28
18		-	Section 1. (NEW) (Effective from passage) (a) There is established the 1
19		-	Connecticut Infrastructure Strategy Board, the members of which shall 2
20		-	be as follows: 3
21		-	(1) Five members from the private sector, shall be appointed as 4
22		-	follows: (A) The Governor shall appoint one member, who shall be the 5
23		-	chairperson, shall have expertise in transportation infrastructure, and 6
24		-	whose first term shall expire on June 30, 2027, (B) the president pro 7
25		-	tempore of the Senate shall appoint one member, who shall have 8
26		-	expertise in water and wastewater infrastructure systems, and whose 9
27		-	first term shall expire on June 30, 2026, (C) the speaker of the House of 10
28		-	Representatives shall appoint one member, who shall have expertise in 11
29		-	business, and whose first term shall expire on June 30, 2025, (D) the 12
30		-	minority leader of the Senate shall appoint one member, who shall have 13
31		-	expertise in finance, and whose first term shall expire on June 30, 2025, 14
32		-	and (E) the minority leader of the House of Representatives shall 15
33		-	appoint one member, who shall have expertise in law, and whose first 16
34		-	term shall expire on June 30, 2024; 17 Substitute Bill No. 106
	29	+	Section 1. (NEW) (Effective from passage) (a) (1) Not later than ten days 1
	30	+	after the effective date of this section, the Secretary of the Office of Policy 2
	31	+	and Management shall submit recommended allocations of the first 3
	32	+	installment of federal funds received, or anticipated to be received, by 4
	33	+	the state pursuant to the provisions of the Infrastructure Investment and 5
	34	+	Jobs Act, P.L. 117-58, as amended from time to time, to the joint standing 6
	35	+	committees of the General Assembly having cognizance of matters 7
	36	+	relating to transportation and appropriations and the budgets of state 8
	37	+	agencies. 9
	38	+	(2) Not later than fifteen days after receipt of the recommended 10
	39	+	allocations from the secretary, said joint standing committees shall hold 11
	40	+	a meeting to report their approval or modifications, if any, of such 12
	41	+	recommended allocations to the secretary. Disbursement of such funds 13
	42	+	shall be in accordance with such partial or final allocations, as approved 14 Raised Bill No. 106
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39		-	(2) One member from each TIA, as defined in section 13b-57d of the 18
40		-	general statutes, for which position the chairpersons of the board of the 19
41		-	local planning agencies in such TIA, after consulting with the 20
42		-	participants in such TIA, shall nominate, for consideration by the 21
43		-	appointing authority, three individuals who live in such TIA and who 22
44		-	have significant experience in and knowledge of local, regional and state 23
45		-	governmental processes, including at least one chief elected official in a 24
46		-	municipality in such TIA, and who shall be appointed as follows: (A) 25
47		-	The chairpersons of the joint standing committee of the General 26
48		-	Assembly having cognizance of matters relating to transportation shall 27
49		-	appoint one member from the southeast corridor TIA, whose first term 28
50		-	shall expire on June 30, 2024, (B) the president pro tempore of the Senate 29
51		-	shall appoint one member from the I-91 corridor TIA, whose first term 30
52		-	shall expire on June 30, 2025, (C) the speaker of the House of 31
53		-	Representatives shall appoint one member from the coastal corridor 32
54		-	TIA, whose first term shall expire on June 30, 2026, (D) the majority 33
55		-	leader of the Senate shall appoint one member from the I-395 corridor 34
56		-	TIA, whose first term shall expire on June 30, 2027, and (E) the majority 35
57		-	leader of the House of Representatives shall appoint one member from 36
58		-	the I-84 corridor TIA, whose first term shall expire on June 30, 2027; and 37
59		-	(3) (A) The Commissioners of (i) Administrative Services, (ii) 38
60		-	Transportation, (iii) Energy and Environmental Protection, (iv) 39
61		-	Economic and Community Development, (v) Revenue Services, (vi) 40
62		-	Public Health, and (vii) Emergency Services and Public Protection, (B) 41
63		-	the Secretary of the Office of Policy and Management, and (C) the 42
64		-	Consumer Counsel. 43
65		-	(b) Upon the expiration of the term of a member of the board who is 44
66		-	appointed as provided in subdivision (1) or (2) of subsection (a) of this 45
67		-	section, each subsequent appointee to the board shall serve for a term of 46
68		-	four years. No person shall serve as a member of the board for more 47
69		-	than two consecutive terms. A vacancy in the position of an appointed 48
70		-	board member shall be filled by the appointing authority. 49
71		-	(c) The board may establish such subcommittees as it deems 50 Substitute Bill No. 106
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	48	+	or modified by said committees, and no disbursement of such funds 15
	49	+	shall occur prior to said committees reporting their approval or 16
	50	+	modifications to the secretary. 17
	51	+	(b) On and after June 1, 2022, not later than fifteen days after receipt 18
	52	+	of any funds received pursuant to the Infrastructure Investment and 19
	53	+	Jobs Act, P.L. 117-58, as amended from time to time, the Secretary of the 20
	54	+	Office of Policy and Management shall submit recommended 21
	55	+	allocations of such funds to the joint standing committees of the General 22
	56	+	Assembly having cognizance of matters relating to transportation and 23
	57	+	appropriations and the budgets of state agencies. Not later than fifteen 24
	58	+	days after receipt of such report, said joint standing committees shall 25
	59	+	hold a meeting to report their approval or modifications, if any, of such 26
	60	+	recommended allocations to the secretary. Disbursement of such funds 27
	61	+	shall be in accordance with such partial or final allocations, as approved 28
	62	+	or modified by said committees, and no disbursement of such funds 29
	63	+	shall occur prior to said committees reporting their approval or 30
	64	+	modifications to the secretary. 31
	65	+	(c) If it is determined that any amount allocated and approved or 32
	66	+	modified pursuant to subsection (a) or (b) of this section is not allowable 33
	67	+	under guidance provided by the federal government, including, but not 34
	68	+	limited to, the United States Treasury, the Secretary of the Office of 35
	69	+	Policy and Management shall immediately notify the joint standing 36
	70	+	committees of the General Assembly having cognizance of matters 37
	71	+	relating to transportation and appropriations and the budgets of state 38
	72	+	agencies of the specific amount and recipient of such allocation and the 39
	73	+	reason for such determination. 40
	74	+	(d) The secretary shall report any proposed change in the 41
	75	+	recommended allocations made pursuant to this section to the joint 42
	76	+	standing committees of the General Assembly having cognizance of 43
	77	+	matters relating to transportation and appropriations and the budgets 44
	78	+	of state agencies. Not later than fifteen days after receipt of such report, 45
	79	+	said committees shall hold a meeting to report their approval or 46
	80	+	modifications, if any, of such recommended allocations to the secretary. 47 Raised Bill No. 106
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76		-	appropriate and appoint the members of such subcommittees from 51
77		-	among its members. Ten members of the board shall be present to 52
78		-	constitute a quorum. 53
79		-	(d) The members of the board shall not be compensated for their 54
80		-	service as members of the board. 55
81		-	(e) The board may issue guidelines for coordination and 56
82		-	organization. These guidelines shall not constitute regulations, as 57
83		-	defined in section 4-166 of the general statutes. 58
84		-	(f) The Departments of Administrative Services, Transportation, 59
85		-	Energy and Environmental Protection, Economic and Community 60
86		-	Development, Revenue Services, Public Health, Emergency Services 61
87		-	and Public Protection and the Office of Policy and Management shall 62
88		-	provide staff assistance to the board. The board may hire consultants 63
89		-	with approval by the Secretary of the Office of Policy and Management 64
90		-	and such consultants shall be procured through the Department of 65
91		-	Administrative Services. All contracts for the procurement of consultant 66
92		-	services shall be posted on an Internet web site maintained by the board. 67
93		-	(g) The Infrastructure Strategy Board is a public agency, as defined in 68
94		-	section 1-200 of the general statutes, for purposes of the Freedom of 69
95		-	Information Act, and shall be deemed a quasi-public agency, as defined 70
96		-	in section 1-79 of the general statutes, for purposes of chapter 10 of the 71
97		-	general statutes. 72
98		-	Sec. 2. (NEW) (Effective from passage) (a) Not later than January 1, 2023, 73
99		-	the Infrastructure Strategy Board, established pursuant to section 1 of 74
100		-	this act, shall report, in accordance with the provisions of section 11-4a 75
101		-	of the general statutes, to the joint standing committees of the General 76
102		-	Assembly having cognizance of matters relating to transportation and 77
103		-	appropriations and the budgets of state agencies on an initial strategy 78
104		-	and recommended allocations for the use of funding received by the 79
105		-	state pursuant to the Infrastructure Investment and Jobs Act, P.L. 117-80
106		-	58, as amended from time to time, for public infrastructure projects. 81 Substitute Bill No. 106
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111		-	(b) In developing the strategy and any revisions, the board shall take 82
112		-	into account the Department of Transportation's comprehensive long-83
113		-	range plans, as described in section 13b-14 of the general statutes. 84
114		-	(c) The board shall include in the strategy the criteria by which the 85
115		-	board, said commissioners, the Secretary of the Office of Policy and 86
116		-	Management and the Consumer Counsel will evaluate and prioritize 87
117		-	existing and proposed infrastructure projects based on the needs of the 88
118		-	state. 89
119		-	(d) In developing and revising the strategy, the board may: (1) 90
120		-	Conduct public hearings; (2) consult and cooperate with officials and 91
121		-	representatives of the federal government, neighboring states, interstate 92
122		-	commissions and authorities, local agencies and authorities, interested 93
123		-	corporations and other organizations concerning problems affecting the 94
124		-	state's infrastructure; (3) request and receive from any agency or other 95
125		-	unit of the government, of the state or of any political subdivision of the 96
126		-	state, or from any public authority, such assistance and data as may be 97
127		-	necessary to enable the board to carry out the board's responsibilities 98
128		-	under this section; and (4) to the extent the board may deem 99
129		-	appropriate, make use of, and incorporate in the strategy, any existing 100
130		-	long-range infrastructure plan, survey or report developed by any 101
131		-	public or private agency or person. 102
132		-	(e) (1) Copies of the strategy and revisions to the strategy shall be kept 103
133		-	on file by the board as a public record and posted on the Internet web 104
134		-	sites of the board, the Department of Transportation and the Office of 105
135		-	Policy and Management. 106
136		-	(2) Not later than December 15, 2024, and every two years thereafter, 107
137		-	the board shall update or revise the strategy, if necessary, and shall 108
138		-	submit a report concerning the strategy, in accordance with section 11-109
139		-	4a of the general statutes, to the joint standing committees of the General 110
140		-	Assembly having cognizance of matters relating to transportation and 111
141		-	appropriations and the budgets of state agencies concerning the 112
142		-	strategy. 113 Substitute Bill No. 106
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147		-	(3) The initial strategy, including the recommended funding 114
148		-	allocations, and all such updates and revisions shall be subject to 115
149		-	approval by the joint standing committees of the General Assembly 116
150		-	having cognizance of matters relating to transportation and 117
151		-	appropriations and the budgets of state agencies in accordance with 118
152		-	section 3 of this act. 119
153		-	Sec. 3. (NEW) (Effective from passage) (a) (1) Not later than fifteen days 120
154		-	after receipt of the report from the Connecticut Infrastructure Strategy 121
155		-	Board, established pursuant to section 1 of this act, concerning an initial 122
156		-	strategy and recommended allocations for the use of funding received 123
157		-	by the state pursuant to the Infrastructure Investment and Jobs Act, P.L. 124
158		-	117-58, as amended from time to time, for public infrastructure projects, 125
159		-	the joint standing committees of the General Assembly having 126
160		-	cognizance of matters relating to transportation and appropriations and 127
161		-	the budgets of state agencies shall hold a meeting to report their 128
162		-	approval or modifications, if any, of such recommended allocations to 129
163		-	the board. If said joint standing committees do not act within fifteen 130
164		-	days after receipt of the board's recommended allocations for the use of 131
165		-	such funding, such recommendations shall be deemed approved. 132
166		-	(2) Disbursement of such funds by the Secretary of the Office of Policy 133
167		-	and Management shall be in accordance with such partial or final 134
168		-	allocations, as approved or modified by said committees, and no 135
169		-	disbursement of such funds shall occur prior to said committees 136
170		-	reporting their approval or modifications to the board. 137
171		-	(b) (1) On and after July 1, 2024, not later than fifteen days after receipt 138
172		-	of any funds by the state pursuant to the Infrastructure Investment and 139
173		-	Jobs Act, P.L. 117-58, as amended from time to time, the board shall 140
174		-	submit recommended allocations of such funds to the joint standing 141
175		-	committees of the General Assembly having cognizance of matters 142
176		-	relating to transportation and appropriations and the budgets of state 143
177		-	agencies. Not later than fifteen days after receipt of such report, said 144
178		-	joint standing committees shall hold a meeting to report their approval 145
179		-	or modifications, if any, of such recommended allocations to the board. 146 Substitute Bill No. 106
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184		-	If said joint standing committees do not act within fifteen days after 147
185		-	receipt of the board's recommended allocations for the use of such 148
186		-	funding, such recommendations shall be deemed approved. 149
187		-	(2) Disbursement of such funds by the Secretary of the Office of Policy 150
188		-	and Management shall be in accordance with such partial or final 151
189		-	allocations, as approved or modified by said committees, and no 152
190		-	disbursement of such funds shall occur prior to said committees 153
191		-	reporting their approval or modifications to the board. 154
192		-	(c) If it is determined that any amount allocated and approved or 155
193		-	modified pursuant to subsection (a) or (b) of this section is not allowable 156
194		-	under guidance provided by the federal government, including, but not 157
195		-	limited to, the United States Treasury, the Secretary of the Office of 158
196		-	Policy and Management shall immediately notify the joint standing 159
197		-	committees of the General Assembly having cognizance of matters 160
198		-	relating to transportation and appropriations and the budgets of state 161
199		-	agencies of the specific amount and recipient of such allocation and the 162
200		-	reason for such determination. 163
201		-	(d) (1) The secretary shall report any proposed change in the 164
202		-	recommended allocations made pursuant to this section to the board 165
203		-	and the joint standing committees of the General Assembly having 166
204		-	cognizance of matters relating to transportation and appropriations and 167
205		-	the budgets of state agencies. Not later than fifteen days after receipt of 168
206		-	such report, said committees shall hold a meeting to report their 169
207		-	approval or modifications, if any, of such recommended allocations to 170
208		-	the secretary. If said joint standing committees do not act within fifteen 171
209		-	days after receipt of the secretary's recommended allocations for the use 172
210		-	of such funding, such recommendations shall be deemed approved. 173
211		-	(2) Disbursement of such funds shall be in accordance with such 174
212		-	partial or final allocations, as approved or modified by said committees, 175
213		-	and no disbursement of such funds shall occur prior to said committees 176
214		-	reporting their approval or modifications to the secretary. 177
215		-	(e) Not later than January 1, 2024, and annually thereafter, the board 178 Substitute Bill No. 106
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220		-	and the Secretary of the Office of Policy and Management, shall jointly 179
221		-	submit a report, in accordance with the provisions of section 11-4a of the 180
222		-	general statutes, to the joint standing committees of the General 181
223		-	Assembly having cognizance of matters relating to transportation and 182
224		-	appropriations and the budgets of state agencies concerning the receipt 183
225		-	and expenditure of funds received by the state pursuant to the 184
226		-	Infrastructure Investment and Jobs Act, P.L. 117-58, as amended from 185
227		-	time to time. Such report shall include, but need not be limited to, (1) a 186
228		-	full accounting of all funds that have been received and disbursed, (2) a 187
229		-	plan for the disbursement of any remaining funds the secretary 188
230		-	anticipates receiving pursuant to said act, (3) a description of any project 189
231		-	funded in whole or in part by funds received pursuant to said act, and 190
232		-	(4) the status of each such project, including the timeline for completion. 191
233		-	Sec. 4. (NEW) (Effective from passage) (a) On or before February 1, 2023, 192
234		-	and annually thereafter, the Commissioner of Transportation shall 193
235		-	submit a report, in accordance with the provisions of section 11-4a of the 194
236		-	general statutes, to the joint standing committees of the General 195
237		-	Assembly having cognizance of matters relating to transportation, 196
238		-	appropriations and the budgets of state agencies and finance, revenue 197
239		-	and bonding. Such report shall include, but need not be limited to: (1) 198
240		-	The Department of Transportation's five-year transportation capital 199
241		-	plan; (2) a description of the condition of the state's transportation 200
242		-	infrastructure; and (3) the department's long-range plan, that is 201
243		-	prepared every five years pursuant to 49 USC 5304 and 23 USC 135. 202
244		-	(b) Not later than thirty days after submission of the report, said 203
245		-	committees shall hold a public hearing on the report. At the hearing, the 204
246		-	commissioner shall present a detailed summary and fiscal analysis of 205
247		-	the report. 206
248		-	(c) The commissioner shall establish a separate page on its Internet 207
249		-	web site dedicated to the department's capital program projects. Such 208
250		-	Internet web site page shall include, but need not be limited to: (1) A 209
251		-	brief description of each project; (2) the current status of each project; (3) 210
252		-	a map showing the municipality where each project is located; (4) the 211 Substitute Bill No. 106
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257		-	anticipated cost of each project phase included in the capital program; 212
258		-	and (5) the estimated start and completion dates for each construction 213
259		-	project included in the capital program. 214
	86	+	Disbursement of such funds shall be in accordance with such partial or 48
	87	+	final allocations, as approved or modified by said committees, and no 49
	88	+	disbursement of such funds shall occur prior to said committees 50
	89	+	reporting their approval or modifications to the secretary. 51
	90	+	(e) Not later than October 1, 2022, and annually thereafter, the 52
	91	+	Secretary of the Office of Policy and Management shall submit a report, 53
	92	+	in accordance with the provisions of section 11-4a of the general statutes, 54
	93	+	to the joint standing committees of the General Assembly having 55
	94	+	cognizance of matters relating to transportation and appropriations and 56
	95	+	the budgets of state agencies concerning the receipt and expenditure of 57
	96	+	funds received by the state pursuant to the Infrastructure Investment 58
	97	+	and Jobs Act, P.L. 117-58, as amended from time to time. Such report 59
	98	+	shall include, but need not be limited to, (1) a full accounting of all funds 60
	99	+	that have been received and disbursed, (2) a plan for the disbursement 61
	100	+	of any remaining funds the secretary anticipates receiving pursuant to 62
	101	+	said act, (3) a description of any project funded in whole or in part by 63
	102	+	funds received pursuant to said act, and (4) the status of each such 64
	103	+	project, including the timeline for completion. 65
260	104		This act shall take effect as follows and shall amend the following
261	105		sections:
262	106
263	107		Section 1 from passage New section
264		-	Sec. 2 from passage New section
265		-	Sec. 3 from passage New section
266		-	Sec. 4 from passage New section
267	108
268		-	Statement of Legislative Commissioners:
269		-	In Section 1(g), "is a quasi-public agency" was changed to "shall be
270		-	deemed a quasi-public agency" for clarity.
271		-
272		-	APP Joint Favorable Subst.
	109	+	Statement of Purpose:
	110	+	To require legislative oversight and approval for the expenditure of
	111	+	federal transportation infrastructure funds.
	112	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	113	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	114	+	underlined.]
273	115