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