LCO 3999 \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484-R01- SB.docx 1 of 23 General Assembly Raised Bill No. 484 February Session, 2022 LCO No. 3999 Referred to Committee on FINANCE, REVENUE AND BONDING Introduced by: (FIN) AN ACT CONCERNING EMISSIONS AND DECIBEL LEVEL TESTING FOR MOTOR VEHICLES AND THE TAXATION OF CERTAIN MOTORCYCLES AND MOTORCYCLE MUFFLERS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (c) of section 14-164c of the 2022 supplement to 1 the general statutes is repealed and the following is substituted in lieu 2 thereof (Effective October 1, 2022): 3 (c) The commissioner shall adopt regulations, in accordance with 4 chapter 54, to implement the provisions of this section. Such regulations 5 shall include provision for a periodic inspection of air pollution control 6 equipment and compliance with or waiver of exhaust emission 7 standards or compliance with or waiver of on-board diagnostic 8 standards or other standards defined by the Commissioner of Energy 9 and Environmental Protection and approved by the Administrator of 10 the United States Environmental Protection Agency, compliance with or 11 waiver of, air pollution control system integrity standards defined by 12 the Commissioner of Energy and Environmental Protection and 13 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 2 of 23 compliance with or waiver of purge system standards defined by the 14 Commissioner of Energy and Environmental Protection. Such 15 regulations may provide for an inspection procedure using an on-board 16 diagnostic information system for all 1996 model year and newer motor 17 vehicles. Such regulations shall apply to all motor vehicles registered or 18 which will be registered in this state, and to all motor vehicles sold by a 19 dealer licensed in this state as required by subsection (n) of this section, 20 except: (1) Vehicles having a gross weight of more than ten thousand 21 pounds; (2) vehicles powered by electricity; (3) bicycles with motors 22 attached; (4) [motorcycles; (5)] vehicles operating with a temporary 23 registration; [(6)] (5) vehicles manufactured twenty-five or more years 24 ago; [(7)] (6) new vehicles at the time of initial registration; [(8)] (7) 25 vehicles registered but not designed primarily for highway use; [(9)] (8) 26 farm vehicles, as defined in subsection (q) of section 14-49; [(10)] (9) 27 diesel-powered type II school buses; [(11)] (10) a vehicle operated by a 28 licensed dealer or repairer either to or from a location of the purchase or 29 sale of such vehicle or for the purpose of obtaining an official emissions 30 or safety inspection; [(12)] (11) vehicles that have met the inspection 31 requirements of section 14-103a and are registered by the commissioner 32 as composite vehicles; [(13)] (12) electric bicycles, as defined in section 33 14-1; or [(14)] (13) electric foot scooters, as defined in section 14-1. On 34 and after July 1, 2002, such regulations shall exempt from the periodic 35 inspection requirement any vehicle four or less model years of age, 36 beginning with model year 2003 and the previous three model years, 37 provided that such exemption shall lapse upon a finding by the 38 Administrator of the United States Environmental Protection Agency or 39 by the Secretary of the United States Department of Transportation that 40 such exemption causes the state to violate applicable federal 41 environmental or transportation planning requirements. 42 Notwithstanding any provisions of this subsection, the commissioner 43 may require an initial emissions inspection and compliance or waiver 44 prior to registration of a new motor vehicle. If the Commissioner of 45 Energy and Environmental Protection finds that it is necessary to 46 inspect motor vehicles [which] that are exempt under subdivision (1) [or 47 (4)] of this subsection [,] or motor vehicles that are four or less model 48 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 3 of 23 years of age in order to achieve compliance with federal law concerning 49 emission reduction requirements, the Commissioner of Motor Vehicles 50 may adopt regulations, in accordance with the provisions of chapter 54, 51 to require the inspection of [motorcycles,] designated motor vehicles 52 having a gross weight of more than ten thousand pounds or motor 53 vehicles four or less model years of age. 54 Sec. 2. (NEW) (Effective October 1, 2022) (a) (1) In addition to the 55 requirements under subsection (c) of section 14-164c of the general 56 statutes, as amended by this act, and any regulations adopted 57 thereunder regarding periodic inspection of air pollution control 58 equipment, exhaust emission standards, air pollution control system 59 integrity standards and purge system standards, each motor vehicle, as 60 defined in section 14-1 of the general statutes, that is subject to such 61 requirements shall undergo periodic inspection of the maximum decibel 62 level produced by such vehicle. Such decibel level inspection shall be 63 conducted at the time a motor vehicle is presented for inspection 64 pursuant to subsection (c) of section 14-164c of the general statutes, as 65 amended by this act. 66 (2) The maximum decibel level for a motor vehicle shall not exceed 67 the maximum decibel level permitted pursuant to section 14-80a of the 68 general statutes and any regulations adopted thereunder, when the 69 decibel level is measured in accordance with the provisions of 70 subsection (c) of section 14-80a of the general statutes. 71 (b) The Commissioner of Energy and Environmental Protection shall 72 consult with the Commissioner of Motor Vehicles and furnish the 73 commissioner with technical information, including testing techniques, 74 standards and instructions for (1) emission control features and 75 equipment for motorcycles, and (2) decibel level inspections for motor 76 vehicles. Such standards shall be consistent with provisions of federal 77 law, if any, relating to control of emissions from the motorcycles 78 concerned or any regulations adopted by the Commissioner of Energy 79 and Environmental Protection or to maximum decibel levels for the 80 motor vehicles concerned. Such standards shall be periodically 81 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 4 of 23 reviewed by the Commissioner of Energy and Environmental 82 Protection and revised, if necessary, to achieve the objectives of the 83 motorcycle emission inspection program and the motor vehicle decibel 84 level inspection program. 85 (c) The Commissioner of Motor Vehicles may enter into a negotiated 86 inspection agreement or agreement with an independent contractor or 87 contractors, in accordance with the provisions of section 14-164c of the 88 general statutes, as amended by this act, to provide for the leasing, 89 construction, equipping, maintenance or operation of a system of official 90 emissions inspection stations in such numbers and locations as may be 91 required to provide motorcycle owners reasonably convenient access to 92 inspection facilities and motor vehicle owners reasonably convenient 93 access to decibel level inspection. The commissioner may amend any 94 negotiated inspection agreement entered into with an independent 95 contractor or contractors, pursuant to section 14-164c of the general 96 statutes, as amended by this act, to allow an existing inspection facility 97 to provide emissions inspection services to motorcycle owners and 98 decibel level inspection services to motor vehicle owners. Any such 99 contractor and inspection facility under this subsection shall be subject 100 to and comply with the applicable provisions set forth in section 14-164c 101 of the general statutes, as amended by this act. 102 (d) (1) The Commissioner of Motor Vehicles, with approval of the 103 Secretary of the Office of Policy and Management, shall establish, and 104 from time to time modify, the inspection fees, not to exceed twenty 105 dollars for each biennial inspection or reinspection required pursuant to 106 this section for the inspection of emission control features and 107 equipment for motorcycles. The commissioner may establish, and from 108 time to time modify, an additional fee for the inspection of the decibel 109 levels of motor vehicles, provided such fee does not exceed the fee for a 110 biennial inspection or reinspection required for emission controls 111 features and equipment. Such fees shall be paid in a manner prescribed 112 by the commissioner. If the costs to the state of the inspection program, 113 including administrative costs and payments to any independent 114 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 5 of 23 contractor, exceed the income from such fees, such excess costs shall be 115 borne by the state. 116 (2) Any person whose vehicle has been inspected at an official 117 emissions inspection station shall, if such vehicle is found not to comply 118 with any required standards, have the vehicle repaired and have the 119 right within sixty consecutive calendar days to return such vehicle to 120 the same official emissions inspection station for one reinspection 121 without charge, provided, where the sixtieth day falls on a Sunday, legal 122 holiday or a day on which the commissioner has established that special 123 circumstances or conditions exist that have caused emissions inspection 124 to be impracticable, such person may return such vehicle for 125 reinspection on the next day. The commissioner shall assess a late fee of 126 twenty dollars against the owner of a motor vehicle who has not 127 presented such motor vehicle for (A) an emissions inspection within 128 thirty days following the expiration date of the assigned inspection 129 period, (B) a reinspection within sixty days following a failure of an 130 emissions inspection or a decibel level inspection, or (C) both 131 subparagraphs (A) and (B) of this subdivision. The commissioner may 132 waive such late fee when it is proven to the commissioner's satisfaction 133 that the failure to have the vehicle inspected within thirty days of the 134 assigned inspection period or during the sixty-day reinspection period 135 was due to exigent circumstances. If ownership of the motor vehicle has 136 been transferred, the new owner shall have such motor vehicle 137 inspected within thirty days of the registration of such motor vehicle. 138 After the expiration of such thirty-day period, the commissioner shall 139 require the payment of the late fee specified in this subdivision. If the 140 thirtieth day falls on a Sunday, legal holiday or a day on which the 141 commissioner has established that special circumstances or conditions 142 exist that have caused emissions inspection to be impracticable, such 143 vehicle may be inspected on the next day and no late fee shall be 144 assessed. 145 (e) The Commissioner of Motor Vehicles may adopt regulations, in 146 accordance with the provisions of chapter 54 of the general statutes, to 147 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 6 of 23 implement the provisions of this section. 148 Sec. 3. (NEW) (Effective October 1, 2022) (a) No person shall fail to 149 maintain in good working order or remove, dismantle or otherwise 150 cause to be inoperative any equipment or feature of a motor vehicle that 151 limits the maximum decibel level produced by such motor vehicle to a 152 level that is equal to or below the maximum decibel level permitted 153 pursuant to section 14-80a of the general statutes and any regulations 154 adopted thereunder. Any such failure to maintain in good working 155 order or removal, dismantling or causing of inoperability shall subject 156 the owner thereof to revocation of registration for such vehicle by the 157 Commissioner of Motor Vehicles unless all parts and equipment 158 constituting elements of decibel control have been made operable and 159 in good working order within sixty days of notice by said commissioner 160 of such violation. Any such failure shall be considered a failure to 161 comply with the periodic inspection requirements established under 162 subsection (a) of section 2 of this act. As used in this section, "motor 163 vehicle" has the same meaning as provided in section 14-1 of the general 164 statutes. 165 (b) No motor vehicle subject to the inspection requirements of section 166 2 of this act shall be operated upon the highways of this state unless such 167 vehicle has been presented for inspection in accordance with a schedule 168 for inspection and compliance as established by the commissioner. The 169 commissioner shall grant waivers from compliance with standards for 170 vehicles that fail any required inspection and require an unreasonable 171 cost of repair, as determined by the commissioner, to bring the vehicle 172 into compliance. The commissioner may determine compliance of a 173 vehicle that has failed a decibel level retest by means of a complete 174 physical and functional diagnosis and inspection of the vehicle, 175 showing that no additional noise-related repairs are needed. An 176 extension of time, not to exceed the period of inspection frequency, may 177 be granted to obtain needed repairs on a vehicle in the case of economic 178 hardship of the owner. Only one such extension may be granted for any 179 vehicle. 180 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 7 of 23 (c) No motor vehicle dealer or repairer licensed under section 14-52 181 of the general statutes shall sell any motor vehicle unless such motor 182 vehicle (1) is in compliance with subsections (a) and (b) of section 2 of 183 this act and any regulations adopted under section 2 of this act, and (2) 184 has passed an emissions and decibel level inspection conducted in 185 accordance with said subsections and regulations. No person, firm or 186 corporation shall operate or allow to be operated any motor vehicle that 187 has not been inspected and found to be in compliance with the 188 provisions of section 2 of this act and any regulations adopted 189 thereunder. Operation in violation of said subsections or regulations 190 shall be an infraction for each violation, except that the fine for a first 191 violation shall be fifty dollars. The commissioner may deny the issuance 192 of registration to the owner of a motor vehicle, or the renewal of 193 registration to any such owner, or suspend or revoke any registration 194 that has been issued, if such motor vehicle is not in compliance with the 195 inspection requirements of section 2 of this act, or such owner has failed 196 to pay any fee required by the provisions of section 2 of this act. 197 (d) Each motor vehicle dealer and repairer shall include with each 198 sales tax return filed with the Department of Revenue Services a 199 statement attesting that each motor vehicle sold during the period for 200 which such return is filed was in compliance with the provisions of 201 subdivision (2) of subsection (a) of section 2 of this act at the time of the 202 sale. 203 (e) The commissioner may adopt regulations, in accordance with the 204 provisions of chapter 54 of the general statutes, to implement the 205 provisions of this section. 206 Sec. 4. Section 22a-6a of the 2022 supplement to the general statutes 207 is repealed and the following is substituted in lieu thereof (Effective 208 October 1, 2022): 209 (a) Any person who knowingly or negligently violates any provision 210 of section 14-100b, [or] 14-164c, as amended by this act, or section 2 of 211 this act, subdivision (3) of subsection (b) of section 15-121, section 15-212 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 8 of 23 171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, chapter 441, 213 section 22a-69 or 22a-74, subsection (b) of section 22a-134p, sections 22a-214 148 to 22a-150, inclusive, 22a-153, 22a-154, 22a-157, 22a-158, 22a-162, 215 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 216 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, 22a-231, 217 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 218 22a-361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, 219 inclusive, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-220 449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or 221 any regulation, order or permit adopted or issued thereunder by the 222 Commissioner of Energy and Environmental Protection shall be liable 223 to the state for the reasonable costs and expenses of the state in 224 detecting, investigating, controlling and abating such violation. Such 225 person shall also be liable to the state for the reasonable costs and 226 expenses of the state in restoring the air, waters, lands and other natural 227 resources of the state, including plant, wild animal and aquatic life to 228 their former condition insofar as practicable and reasonable, or, if 229 restoration is not practicable or reasonable, for any damage, temporary 230 or permanent, caused by such violation to the air, waters, lands or other 231 natural resources of the state, including plant, wild animal and aquatic 232 life and to the public trust therein. Institution of a suit to recover for such 233 damage, costs and expenses shall not preclude the application of any 234 other remedies. 235 (b) Whenever two or more persons knowingly or negligently violate 236 any provision of section 14-100b, [or] 14-164c, as amended by this act, or 237 section 2 of this act, subdivision (3) of subsection (b) of section 15-121, 238 section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, chapter 239 441, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 240 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 241 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-336, 22a-342, 242 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 243 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 22a-416, 22a-244 417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 245 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, order or 246 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 9 of 23 permit adopted or issued thereunder by the commissioner and 247 responsibility for the damage caused thereby is not reasonably 248 apportionable, such persons shall, subject to a right of equal 249 contribution, be jointly and severally liable under this section. 250 (c) Any person whose acts outside Connecticut contribute to 251 environmental damage in Connecticut shall be subject to suit under this 252 section if such person is subject to in personam jurisdiction within this 253 state pursuant to section 52-59b, or if such person, in person or through 254 an agent, expects or should reasonably expect his acts outside this state 255 to have an effect upon the environment in this state and process upon 256 any such person shall be served in the manner set forth in section 52-257 59b. 258 Sec. 5. Subsection (a) of section 22a-6b of the general statutes is 259 repealed and the following is substituted in lieu thereof (Effective October 260 1, 2022): 261 (a) The Commissioner of Energy and Environmental Protection shall 262 adopt regulations, in accordance with the provisions of chapter 54, to 263 establish a schedule setting forth the amounts, or the ranges of amounts, 264 or a method for calculating the amount of the civil penalties which may 265 become due under this section. Such schedule or method may be 266 amended from time to time in the same manner as for adoption 267 provided any such regulations which become effective after July 1, 1993, 268 shall only apply to violations which occur after said date. The civil 269 penalties established for each violation shall be of such amount as to 270 insure immediate and continued compliance with applicable laws, 271 regulations, orders and permits. Such civil penalties shall not exceed the 272 following amounts: 273 (1) For failure to file any registration, other than a registration for a 274 general permit, for failure to file any plan, report or record, or any 275 application for a permit, for failure to obtain any certification, for failure 276 to display any registration, permit or order, or file any other information 277 required pursuant to any provision of section 14-100b or 14-164c, as 278 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 10 of 23 amended by this act, subdivision (3) of subsection (b) of section 15-121, 279 section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-280 42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, 281 subsection (b) of section 22a-134p, section 22a-171, 22a-174, 22a-175, 22a-282 177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-208, 22a-208a, 22a-209, 22a-283 213, 22a-220, 22a-231, 22a-245a, 22a-336, 22a-342, 22a-345, 22a-346, 22a-284 347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-285 401 to 22a-405, inclusive, 22a-411, 22a-411a, 22a-416, 22a-417, 22a-424 to 286 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 287 22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted 288 or issued thereunder by the commissioner, and for other violations of 289 similar character as set forth in such schedule or schedules, no more 290 than one thousand dollars for said violation and in addition no more 291 than one hundred dollars for each day during which such violation 292 continues; 293 (2) For deposit, placement, removal, disposal, discharge or emission 294 of any material or substance or electromagnetic radiation or the causing 295 of, engaging in or maintaining of any condition or activity in violation 296 of any provision of section 14-100b, [or] 14-164c, as amended by this act, 297 or section 2 of this act, subdivision (3) of subsection (b) of section 15-121, 298 section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-299 42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, section 300 22a-69 or 22a-74, subsection (b) of section 22a-134p, section 22a-162, 22a-301 171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-302 190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-336, 22a-342, 22a-303 345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-304 362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 22a-411a, 22a-416, 305 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 306 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, order or 307 permit adopted thereunder by the commissioner, and for other 308 violations of similar character as set forth in such schedule or schedules, 309 no more than twenty-five thousand dollars for said violation for each 310 day during which such violation continues; 311 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 11 of 23 (3) For violation of the terms of any final order of the commissioner, 312 except final orders under subsection (d) of this section and emergency 313 orders and cease and desist orders as set forth in subdivision (4) of this 314 subsection, for violation of the terms of any permit issued by the 315 commissioner, and for other violations of similar character as set forth 316 in such schedule or schedules, no more than twenty-five thousand 317 dollars for said violation for each day during which such violation 318 continues; 319 (4) For violation of any emergency order or cease and desist order of 320 the commissioner, and for other violations of similar character as set 321 forth in such schedule or schedules, no more than twenty-five thousand 322 dollars for said violation for each day during which such violation 323 continues; 324 (5) For failure to make an immediate report required pursuant to 325 subdivision (3) of subsection (a) of section 22a-135, or a report required 326 by the department pursuant to subsection (b) of section 22a-135, no 327 more than twenty-five thousand dollars per violation per day; 328 (6) For violation of any provision of the state's hazardous waste 329 program, no more than twenty-five thousand dollars per violation per 330 day; 331 (7) For wilful violation of any condition imposed pursuant to section 332 26-313 which leads to the destruction of, or harm to, any rare, threatened 333 or endangered species, no more than ten thousand dollars per violation 334 per day; 335 (8) For violation of any provision of sections 22a-608 to 22a-611, 336 inclusive, no more than the amount established by Section 325 of the 337 Emergency Planning and Community Right-To-Know Act of 1986 (42 338 USC 11001 et seq.) for a violation of Section 302, 304 or 311 to 313, 339 inclusive, of said act. 340 Sec. 6. Section 22a-9 of the general statutes is repealed and the 341 following is substituted in lieu thereof (Effective October 1, 2022): 342 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 12 of 23 The commissioner shall act as the official agent of the state in all 343 matters affecting the purposes of this title and sections 2-20a, 5-238a, 344 subsection (c) of section 7-131a, sections 7-131e, 7-131f, subsection (a) of 345 section 7-131g, sections 7-131i, 7-131l, subsection (a) of section 10-409, 346 subdivisions (51) and (52) of section 12-81, subdivisions (21) and (22) of 347 section 12-412, subsections (a) and (b) of section 13a-94, sections 13a-348 142a, 13b-56, 13b-57, 14-100b, 14-164c, as amended by this act, section 2 349 of this act, chapter 268, sections 16a-103, 22-91c, 22-91e, subsections (b) 350 and (c) of section 22a-148, section 22a-150, subdivisions (2) and (3) of 351 section 22a-151, sections 22a-153, 22a-154, 22a-155, 22a-158, chapter 352 446c, sections 22a-295, 22a-300, 22a-308, 22a-416, chapters 446h to 446k, 353 inclusive, chapters 447 and 448, sections 23-35, 23-37a, 23-41, chapter 354 462, section 25-34, chapter 477, subsection (b) of section 25-128, 355 subsection (a) of section 25-131, chapters 490 and 491 and sections 26-356 257, 26-297, 26-303 and 47-46a, under any federal laws now or hereafter 357 to be enacted and as the official agent of any municipality, district, 358 region or authority or other recognized legal entity in connection with 359 the grant or advance of any federal or other funds or credits to the state 360 or through the state, to its political subdivisions. 361 Sec. 7. Subdivision (1) of subsection (a) of section 12-431 of the general 362 statutes is repealed and the following is substituted in lieu thereof 363 (Effective October 1, 2022, and applicable to sales occurring on or after October 364 1, 2022): 365 (a) (1) (A) Except as otherwise provided in subdivision (2) or (3) of 366 this subsection, in case of the purchase of any motor vehicle, 367 snowmobile, vessel or aircraft other than from a licensed motor vehicle 368 dealer or licensed motor vehicle lessor, a snowmobile dealer, a licensed 369 marine dealer or a retailer of aircraft, respectively, the receipts therefrom 370 shall not be included in the measure of the sales tax, but the purchaser 371 thereof shall pay a use tax on the total purchase price thereof to the 372 Commissioner of Revenue Services, as provided in section 12-411, as 373 amended by this act, in the case of tangible personal property purchased 374 from a retailer, and, in the case of motor vehicles, vessels and 375 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 13 of 23 snowmobiles, before obtaining an original or transferal registration, in 376 accordance with regulations prescribed by the Commissioner of 377 Revenue Services and on forms approved by the Commissioner of 378 Revenue Services and the Commissioner of Motor Vehicles, and, in the 379 case of aircraft, before obtaining an original or transferal registration, in 380 accordance with regulations prescribed by the Commissioner of 381 Revenue Services and on forms approved by the Commissioner of 382 Revenue Services and the Commissioner of Transportation. 383 (B) Each person, other than an employee of a licensed motor vehicle 384 dealer or licensed motor vehicle lessor, who sells a motor vehicle shall 385 provide to the purchaser of such motor vehicle a written statement 386 attesting that such motor vehicle was in compliance with the provisions 387 of subdivision (2) of subsection (a) of section 2 of this act at the time of 388 purchase. Such purchaser shall include a copy of such statement with 389 the payment of the use tax pursuant to subparagraph (A) of this 390 subdivision. 391 Sec. 8. Subdivision (1) of section 12-408 of the general statutes is 392 repealed and the following is substituted in lieu thereof (Effective October 393 1, 2022, and applicable to sales occurring on or after October 1, 2022): 394 (1) (A) For the privilege of making any sales, as defined in 395 subdivision (2) of subsection (a) of section 12-407, at retail, in this state 396 for a consideration, a tax is hereby imposed on all retailers at the rate of 397 six and thirty-five-hundredths per cent of the gross receipts of any 398 retailer from the sale of all tangible personal property sold at retail or 399 from the rendering of any services constituting a sale in accordance with 400 subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 401 rate, the rates provided in subparagraphs (B) to [(I)] (J), inclusive, of this 402 subdivision; 403 (B) (i) At a rate of fifteen per cent with respect to each transfer of 404 occupancy, from the total amount of rent received by a hotel or lodging 405 house for the first period not exceeding thirty consecutive calendar 406 days; 407 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 14 of 23 (ii) At a rate of eleven per cent with respect to each transfer of 408 occupancy, from the total amount of rent received by a bed and 409 breakfast establishment for the first period not exceeding thirty 410 consecutive calendar days; 411 (C) With respect to the sale of a motor vehicle to any individual who 412 is a member of the armed forces of the United States and is on full-time 413 active duty in Connecticut and who is considered, under 50 App USC 414 574, a resident of another state, or to any such individual and the spouse 415 thereof, at a rate of four and one-half per cent of the gross receipts of any 416 retailer from such sales, provided such retailer requires and maintains a 417 declaration by such individual, prescribed as to form by the 418 commissioner and bearing notice to the effect that false statements made 419 in such declaration are punishable, or other evidence, satisfactory to the 420 commissioner, concerning the purchaser's state of residence under 50 421 App USC 574; 422 (D) (i) With respect to the sales of computer and data processing 423 services occurring on or after July 1, 2001, at the rate of one per cent, and 424 (ii) with respect to sales of Internet access services, on and after July 1, 425 2001, such services shall be exempt from such tax; 426 (E) (i) With respect to the sales of labor that is otherwise taxable under 427 subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 428 12-407 on existing vessels and repair or maintenance services on vessels 429 occurring on and after July 1, 1999, such services shall be exempt from 430 such tax; 431 (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 432 used for transporting a vessel, at the rate of two and ninety-nine-433 hundredths per cent, except that the sale of a vessel shall be exempt from 434 such tax if such vessel is docked in this state for sixty or fewer days in a 435 calendar year; 436 (iii) With respect to the sale of dyed diesel fuel, as defined in 437 subsection (d) of section 12-487, sold by a marine fuel dock exclusively 438 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 15 of 23 for marine purposes, at the rate of two and ninety-nine-hundredths per 439 cent; 440 (F) With respect to patient care services for which payment is 441 received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 442 at the rate of five and three-fourths per cent and on and after July 1, 2001, 443 such services shall be exempt from such tax; 444 (G) With respect to the rental or leasing of a passenger motor vehicle 445 for a period of thirty consecutive calendar days or less, at a rate of nine 446 and thirty-five-hundredths per cent; 447 (H) With respect to the sale of (i) a motor vehicle for a sales price 448 exceeding fifty thousand dollars, at a rate of seven and three-fourths per 449 cent on the entire sales price, (ii) jewelry, whether real or imitation, for 450 a sales price exceeding five thousand dollars, at a rate of seven and 451 three-fourths per cent on the entire sales price, and (iii) an article of 452 clothing or footwear intended to be worn on or about the human body, 453 a handbag, luggage, umbrella, wallet or watch for a sales price 454 exceeding one thousand dollars, at a rate of seven and three-fourths per 455 cent on the entire sales price. For purposes of this subparagraph, "motor 456 vehicle" has the meaning provided in section 14-1, but does not include 457 a motor vehicle subject to the provisions of subparagraph (C) of this 458 subdivision, a motor vehicle having a gross vehicle weight rating over 459 twelve thousand five hundred pounds, or a motor vehicle having a 460 gross vehicle weight rating of twelve thousand five hundred pounds or 461 less that is not used for private passenger purposes, but is designed or 462 used to transport merchandise, freight or persons in connection with 463 any business enterprise and issued a commercial registration or more 464 specific type of registration by the Department of Motor Vehicles; 465 (I) With respect to the sale of meals, as defined in subdivision (13) of 466 section 12-412, sold by an eating establishment, caterer or grocery store; 467 and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 468 such as are ordinarily dispensed at bars and soda fountains, or in 469 connection therewith; in addition to the tax imposed under 470 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 16 of 23 subparagraph (A) of this subdivision, at the rate of one per cent; 471 (J) (i) Notwithstanding the provisions of subparagraph (C) or (H) of 472 this subdivision, with respect to the sale of a motorcycle that exceeds the 473 maximum decibel level permitted pursuant to section 14-80a and any 474 regulations adopted thereunder, at the rate of fifty per cent; 475 (ii) With respect to the sale of a replacement or an aftermarket 476 motorcycle muffler that would cause a motorcycle to exceed the 477 maximum decibel level permitted pursuant to section 14-80a and any 478 regulations adopted thereunder, at the rate of fifty per cent; 479 [(J)] (K) The rate of tax imposed by this chapter shall be applicable to 480 all retail sales upon the effective date of such rate, except that a new rate 481 that represents an increase in the rate applicable to the sale shall not 482 apply to any sales transaction wherein a binding sales contract without 483 an escalator clause has been entered into prior to the effective date of the 484 new rate and delivery is made within ninety days after the effective date 485 of the new rate. For the purposes of payment of the tax imposed under 486 this section, any retailer of services taxable under subdivision (37) of 487 subsection (a) of section 12-407, who computes taxable income, for 488 purposes of taxation under the Internal Revenue Code of 1986, or any 489 subsequent corresponding internal revenue code of the United States, 490 as amended from time to time, on an accounting basis that recognizes 491 only cash or other valuable consideration actually received as income 492 and who is liable for such tax only due to the rendering of such services 493 may make payments related to such tax for the period during which 494 such income is received, without penalty or interest, without regard to 495 when such service is rendered; 496 [(K)] (L) (i) For calendar quarters ending on or after September 30, 497 2019, the commissioner shall deposit into the regional planning 498 incentive account, established pursuant to section 4-66k, six and seven-499 tenths per cent of the amounts received by the state from the tax 500 imposed under subparagraph (B) of this subdivision and ten and seven-501 tenths per cent of the amounts received by the state from the tax 502 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 17 of 23 imposed under subparagraph (G) of this subdivision; 503 (ii) For calendar quarters ending on or after September 30, 2018, the 504 commissioner shall deposit into the Tourism Fund established under 505 section 10-395b ten per cent of the amounts received by the state from 506 the tax imposed under subparagraph (B) of this subdivision; 507 [(L)] (M) For calendar months commencing on or after July 1, 2021, 508 the commissioner shall deposit into the municipal revenue sharing 509 account established pursuant to section 4-66l seven and nine-tenths per 510 cent of the amounts received by the state from the tax imposed under 511 subparagraph (A) of this subdivision; and 512 [(M)] (N) (i) For calendar months commencing on or after July 1, 2017, 513 the commissioner shall deposit into the Special Transportation Fund 514 established under section 13b-68 seven and nine-tenths per cent of the 515 amounts received by the state from the tax imposed under 516 subparagraph (A) of this subdivision; 517 (ii) For calendar months commencing on or after July 1, 2018, but 518 prior to July 1, 2019, the commissioner shall deposit into the Special 519 Transportation Fund established under section 13b-68 eight per cent of 520 the amounts received by the state from the tax imposed under 521 subparagraphs (A) and (H) of this subdivision on the sale of a motor 522 vehicle; 523 (iii) For calendar months commencing on or after July 1, 2019, but 524 prior to July 1, 2020, the commissioner shall deposit into the Special 525 Transportation Fund established under section 13b-68 seventeen per 526 cent of the amounts received by the state from the tax imposed under 527 subparagraphs (A) and (H) of this subdivision on the sale of a motor 528 vehicle; 529 (iv) For calendar months commencing on or after July 1, 2020, but 530 prior to July 1, 2021, the commissioner shall deposit into the Special 531 Transportation Fund established under section 13b-68 twenty-five per 532 cent of the amounts received by the state from the tax imposed under 533 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 18 of 23 subparagraphs (A) and (H) of this subdivision on the sale of a motor 534 vehicle; 535 (v) For calendar months commencing on or after July 1, 2021, but 536 prior to July 1, 2022, the commissioner shall deposit into the Special 537 Transportation Fund established under section 13b-68 seventy-five per 538 cent of the amounts received by the state from the tax imposed under 539 subparagraphs (A) and (H) of this subdivision on the sale of a motor 540 vehicle; and 541 (vi) For calendar months commencing on or after July 1, 2022, the 542 commissioner shall deposit into the Special Transportation Fund 543 established under section 13b-68 one hundred per cent of the amounts 544 received by the state from the tax imposed under subparagraphs (A), 545 [and] (H) and (J)(i) of this subdivision on the sale of a motor vehicle. 546 Sec. 9. Subdivision (1) of section 12-411 of the general statutes is 547 repealed and the following is substituted in lieu thereof (Effective October 548 1, 2022, and applicable to sales occurring on or after October 1, 2022): 549 (1) (A) An excise tax is hereby imposed on the storage, acceptance, 550 consumption or any other use in this state of tangible personal property 551 purchased from any retailer for storage, acceptance, consumption or any 552 other use in this state, the acceptance or receipt of any services 553 constituting a sale in accordance with subdivision (2) of subsection (a) 554 of section 12-407, purchased from any retailer for consumption or use in 555 this state, or the storage, acceptance, consumption or any other use in 556 this state of tangible personal property which has been manufactured, 557 fabricated, assembled or processed from materials by a person, either 558 within or without this state, for storage, acceptance, consumption or any 559 other use by such person in this state, to be measured by the sales price 560 of materials, at the rate of six and thirty-five-hundredths per cent of the 561 sales price of such property or services, except, in lieu of said rate: 562 (B) (i) At a rate of fifteen per cent of the rent paid to a hotel or lodging 563 house for the first period not exceeding thirty consecutive calendar 564 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 19 of 23 days; 565 (ii) At a rate of eleven per cent of the rent paid to a bed and breakfast 566 establishment for the first period not exceeding thirty consecutive 567 calendar days; 568 (C) With respect to the storage, acceptance, consumption or use in 569 this state of a motor vehicle purchased from any retailer for storage, 570 acceptance, consumption or use in this state by any individual who is a 571 member of the armed forces of the United States and is on full-time 572 active duty in Connecticut and who is considered, under 50 App USC 573 574, a resident of another state, or to any such individual and the spouse 574 of such individual at a rate of four and one-half per cent of the sales price 575 of such vehicle, provided such retailer requires and maintains a 576 declaration by such individual, prescribed as to form by the 577 commissioner and bearing notice to the effect that false statements made 578 in such declaration are punishable, or other evidence, satisfactory to the 579 commissioner, concerning the purchaser's state of residence under 50 580 App USC 574; 581 (D) (i) With respect to the acceptance or receipt in this state of labor 582 that is otherwise taxable under subparagraph (C) or (G) of subdivision 583 (2) of subsection (a) of section 12-407 on existing vessels and repair or 584 maintenance services on vessels occurring on and after July 1, 1999, such 585 services shall be exempt from such tax; 586 (ii) (I) With respect to the storage, acceptance or other use of a vessel 587 in this state, at the rate of two and ninety-nine-hundredths per cent, 588 except that such storage, acceptance or other use shall be exempt from 589 such tax if such vessel is docked in this state for sixty or fewer days in a 590 calendar year; 591 (II) With respect to the storage, acceptance or other use of a motor for 592 a vessel or a trailer used for transporting a vessel in this state, at the rate 593 of two and ninety-nine-hundredths per cent; 594 (III) With respect to the storage, acceptance or other use of dyed diesel 595 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 20 of 23 fuel, as defined in subsection (d) of section 12-487, exclusively for 596 marine purposes, at the rate of two and ninety-nine-hundredths per 597 cent; 598 (E) (i) With respect to the acceptance or receipt in this state of 599 computer and data processing services purchased from any retailer for 600 consumption or use in this state occurring on or after July 1, 2001, at the 601 rate of one per cent of such services, and (ii) with respect to the 602 acceptance or receipt in this state of Internet access services, on and after 603 July 1, 2001, such services shall be exempt from such tax; 604 (F) With respect to the acceptance or receipt in this state of patient 605 care services purchased from any retailer for consumption or use in this 606 state for which payment is received by the hospital on or after July 1, 607 1999, and prior to July 1, 2001, at the rate of five and three-fourths per 608 cent and on and after July 1, 2001, such services shall be exempt from 609 such tax; 610 (G) With respect to the rental or leasing of a passenger motor vehicle 611 for a period of thirty consecutive calendar days or less, at a rate of nine 612 and thirty-five-hundredths per cent; 613 (H) With respect to the acceptance or receipt in this state of (i) a motor 614 vehicle for a sales price exceeding fifty thousand dollars, at a rate of 615 seven and three-fourths per cent on the entire sales price, (ii) jewelry, 616 whether real or imitation, for a sales price exceeding five thousand 617 dollars, at a rate of seven and three-fourths per cent on the entire sales 618 price, and (iii) an article of clothing or footwear intended to be worn on 619 or about the human body, a handbag, luggage, umbrella, wallet or 620 watch for a sales price exceeding one thousand dollars, at a rate of seven 621 and three-fourths per cent on the entire sales price. For purposes of this 622 subparagraph, "motor vehicle" has the meaning provided in section 14-623 1, but does not include a motor vehicle subject to the provisions of 624 subparagraph (C) of this subdivision, a motor vehicle having a gross 625 vehicle weight rating over twelve thousand five hundred pounds, or a 626 motor vehicle having a gross vehicle weight rating of twelve thousand 627 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 21 of 23 five hundred pounds or less that is not used for private passenger 628 purposes, but is designed or used to transport merchandise, freight or 629 persons in connection with any business enterprise and issued a 630 commercial registration or more specific type of registration by the 631 Department of Motor Vehicles; 632 (I) With respect to the acceptance or receipt in this state of meals, as 633 defined in subdivision (13) of section 12-412, sold by an eating 634 establishment, caterer or grocery store; and spirituous, malt or vinous 635 liquors, soft drinks, sodas or beverages such as are ordinarily dispensed 636 at bars and soda fountains, or in connection therewith; in addition to the 637 tax imposed under subparagraph (A) of this subdivision, at the rate of 638 one per cent; 639 (J) (i) Notwithstanding the provisions of subparagraph (C) or (H) of 640 this subdivision, with respect to the storage, acceptance, consumption 641 or use in this state of a motorcycle that exceeds the maximum decibel 642 level permitted pursuant to section 14-80a and any regulations adopted 643 thereunder, at the rate of fifty per cent; 644 (ii) With respect to the storage, acceptance, consumption or use in this 645 state of a replacement or an aftermarket motorcycle muffler that would 646 cause a motorcycle to exceed the maximum decibel level permitted 647 pursuant to section 14-80a and any regulations adopted thereunder, at 648 the rate of fifty per cent; 649 [(J)] (K) (i) For calendar quarters ending on or after September 30, 650 2019, the commissioner shall deposit into the regional planning 651 incentive account, established pursuant to section 4-66k, six and seven-652 tenths per cent of the amounts received by the state from the tax 653 imposed under subparagraph (B) of this subdivision and ten and seven-654 tenths per cent of the amounts received by the state from the tax 655 imposed under subparagraph (G) of this subdivision; 656 (ii) For calendar quarters ending on or after September 30, 2018, the 657 commissioner shall deposit into the Tourism Fund established under 658 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 22 of 23 section 10-395b ten per cent of the amounts received by the state from 659 the tax imposed under subparagraph (B) of this subdivision; 660 [(K)] (L) For calendar months commencing on or after July 1, 2021, 661 the commissioner shall deposit into said municipal revenue sharing 662 account seven and nine-tenths per cent of the amounts received by the 663 state from the tax imposed under subparagraph (A) of this subdivision; 664 and 665 [(L)] (M) (i) For calendar months commencing on or after July 1, 2017, 666 the commissioner shall deposit into said Special Transportation Fund 667 seven and nine-tenths per cent of the amounts received by the state from 668 the tax imposed under subparagraph (A) of this subdivision; 669 (ii) For calendar months commencing on or after July 1, 2018, but 670 prior to July 1, 2019, the commissioner shall deposit into the Special 671 Transportation Fund established under section 13b-68 eight per cent of 672 the amounts received by the state from the tax imposed under 673 subparagraphs (A) and (H) of this subdivision on the acceptance or 674 receipt in this state of a motor vehicle; 675 (iii) For calendar months commencing on or after July 1, 2019, but 676 prior to July 1, 2020, the commissioner shall deposit into the Special 677 Transportation Fund established under section 13b-68 seventeen per 678 cent of the amounts received by the state from the tax imposed under 679 subparagraphs (A) and (H) of this subdivision on the acceptance or 680 receipt in this state of a motor vehicle; 681 (iv) For calendar months commencing on or after July 1, 2020, but 682 prior to July 1, 2021, the commissioner shall deposit into the Special 683 Transportation Fund established under section 13b-68 twenty-five per 684 cent of the amounts received by the state from the tax imposed under 685 subparagraphs (A) and (H) of this subdivision on the acceptance or 686 receipt in this state of a motor vehicle; 687 (v) For calendar months commencing on or after July 1, 2021, but 688 prior to July 1, 2022, the commissioner shall deposit into the Special 689 Raised Bill No. 484 LCO 3999 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00484- R01-SB.docx } 23 of 23 Transportation Fund established under section 13b-68 seventy-five per 690 cent of the amounts received by the state from the tax imposed under 691 subparagraphs (A) and (H) of this subdivision on the acceptance or 692 receipt in this state of a motor vehicle; and 693 (vi) For calendar months commencing on or after July 1, 2022, the 694 commissioner shall deposit into the Special Transportation Fund 695 established under section 13b-68 one hundred per cent of the amounts 696 received by the state from the tax imposed under subparagraphs (A), 697 [and] (H) and (J)(i) of this subdivision on the acceptance or receipt in 698 this state of a motor vehicle. 699 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2022 14-164c(c) Sec. 2 October 1, 2022 New section Sec. 3 October 1, 2022 New section Sec. 4 October 1, 2022 22a-6a Sec. 5 October 1, 2022 22a-6b(a) Sec. 6 October 1, 2022 22a-9 Sec. 7 October 1, 2022, and applicable to sales occurring on or after October 1, 2022 12-431(a)(1) Sec. 8 October 1, 2022, and applicable to sales occurring on or after October 1, 2022 12-408(1) Sec. 9 October 1, 2022, and applicable to sales occurring on or after October 1, 2022 12-411(1) FIN Joint Favorable