LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904-R01- SB.docx 1 of 23 General Assembly Substitute Bill No. 904 January Session, 2023 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF THE STATE TRAFFIC ADMINISTRATION AND THE DEPARTMENT OF TRANSPORTATION, THE DISSOLUTION OF THE NORWALK TRANSIT DISTRICT AND ROUTE SHIELD PAVEMENT MARKINGS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 14-314 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2023): 2 (a) Any person, firm or corporation failing to comply with any order 3 made pursuant to any provision of this chapter shall be fined not more 4 than five thousand dollars or imprisoned not more than thirty days or 5 both, and shall be subject to the provisions of section 14-111. Any 6 person, firm or corporation failing to comply with any traffic control 7 signal, sign, marking or other device placed and maintained upon the 8 highway, or with any regulation adopted pursuant to any provision of 9 this chapter, by the Office of the State Traffic Administration or the 10 traffic authority of any city, town or borough shall be deemed to have 11 committed an infraction, if no other penalty is provided by law. 12 Traveling at a greater rate of speed than is reasonable as provided in 13 section 14-218a, as amended by this act, shall not be deemed to be a 14 failure to comply with the provisions of this section but shall be 15 deemed to be the commission of an infraction within the provisions of 16 [said] section 14-218a, as amended by this act. 17 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 2 of 23 (b) The Office of the State Traffic Administration shall provide 18 written notice to any city, town or borough that fails to comply with 19 any order made pursuant to any provision of this chapter or with any 20 regulation adopted pursuant to this chapter by the office specifying the 21 time within such city, town or borough shall comply with such order. 22 The office shall take into consideration the availability of equipment or 23 the need for the installation or purchase of any such equipment in 24 establishing the time for compliance. Any city, town or borough that 25 fails to comply with such order within the specified time shall be 26 ineligible to apply for any competitive grant program administered by 27 the Department of Transportation or the Office of Policy and 28 Management, including the small town economic assistance program 29 established pursuant to section 4-66g, for the purposes of funding a 30 transportation-related project located in such city, town or borough. 31 Sec. 2. Section 14-299 of the general statutes is repealed and the 32 following is substituted in lieu thereof (Effective October 1, 2023): 33 (a) For the purpose of standardization and uniformity, no 34 installation of or revision to any traffic control signal light shall be 35 made by any town, city or borough until the same has been approved 36 by the Office of the State Traffic Administration. Such approval shall 37 be based on necessity for, location of and type of such signal light and 38 shall be applied for on a form supplied by the Office of the State Traffic 39 Administration and shall be submitted to said office by the traffic 40 authority having jurisdiction. Approval of any such signal light may be 41 revoked by the Office of the State Traffic Administration at any time if 42 said office deems such revocation to be in the interest of public safety, 43 and thereupon such signal lights shall be removed by the traffic 44 authority having jurisdiction. 45 (b) When traffic at an intersection is alternately directed to proceed 46 and to stop by the use of signals exhibiting colored lights or lighted 47 arrows, successively one at a time or in combination, only the colors 48 green, red and yellow shall be used, except for special [pedestrian 49 control] pedestrian-control signals carrying word legends [, said lights] 50 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 3 of 23 or symbols. Such lights or arrows shall apply to drivers of vehicles and 51 pedestrians and shall indicate the following: 52 (1) Circular green alone: Vehicular traffic facing a green signal may 53 proceed straight through or turn right or left unless a sign or marking 54 at such place prohibits either such turn or straight through movement, 55 except that such traffic shall yield the right-of-way to pedestrians and 56 vehicles [lawfully] within a crosswalk or the intersection at the time 57 such signal was exhibited; pedestrians facing the green signal, except 58 when directed by separate pedestrian-control signals, may proceed 59 across the highway within any marked or unmarked crosswalk. 60 (2) Yellow: Vehicular traffic facing a steady yellow signal is thereby 61 warned that the related green movement is being terminated or that a 62 red indication will be exhibited immediately thereafter, when 63 vehicular traffic shall stop before entering the intersection unless so 64 close to the intersection that a stop cannot be made in safety; 65 pedestrians facing a steady yellow signal, except when directed by 66 separate pedestrian-control signals, are thereby advised that there is 67 insufficient time to cross the roadway before a red indication is shown 68 and no pedestrian shall then start to cross the roadway. 69 (3) Red alone: Vehicular traffic facing a steady red signal alone shall 70 stop before entering the crosswalk on the near side of the intersection 71 or, if none, then before entering the intersection and remain standing 72 until the next indication is shown; provided, on or after July 1, 1979, 73 vehicular traffic traveling in the travel lane nearest the right hand curb 74 or other defined edge of the roadway, unless a sign approved by the 75 Office of the State Traffic Administration has been erected in the 76 appropriate place prohibiting this movement, may cautiously enter the 77 intersection to make a right turn onto a two-way street or onto another 78 one-way street on which all the traffic is moving to such vehicle's right 79 after such vehicle has stopped as required in this subdivision and 80 yielded the right-of-way to pedestrians [lawfully] within an adjacent 81 crosswalk and to other traffic lawfully using the intersection. 82 Pedestrians facing a steady red signal alone, except when directed by 83 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 4 of 23 separate pedestrian-control signals, shall not enter the roadway. 84 (4) Green arrow: Vehicular traffic facing a green arrow signal, 85 shown alone or in combination with another indication, may 86 cautiously enter the intersection only to make the movement indicated 87 by such arrow, or such other movement as is permitted by other 88 indications shown at the same time, but such vehicular traffic shall 89 yield the right-of-way to pedestrians [lawfully] within a crosswalk and 90 to other traffic lawfully within the intersection. 91 (5) Whenever special pedestrian-control signals exhibiting the 92 words "Walk" or "Don't Walk" or the image of a walking person 93 symbolizing "Walk" or an upraised hand symbolizing "Don't Walk" are 94 in place, such signals shall indicate as follows: "Walk" or walking 95 person symbol: Pedestrians facing such signals may proceed across the 96 roadway in the direction of the signal and shall be given the right-of-97 way by the drivers of all vehicles; "Don't Walk" or upraised hand 98 symbol: No pedestrian shall start to cross the roadway in the direction 99 of such signal, but any pedestrian who has partially completed [his] 100 crossing on the walk signal shall proceed to a sidewalk or safety island 101 while the flashing "Don't Walk" or flashing upraised hand symbol 102 signal is showing. 103 (c) When an illuminated flashing red or yellow signal is used in a 104 traffic sign or signal, it shall require obedience by vehicular traffic as 105 follows: 106 (1) Flashing red: When a red lens is illuminated by rapid 107 intermittent flashes, drivers of vehicles shall stop before entering the 108 nearest crosswalk at an intersection, or at a limit line when marked or, 109 if none, then before entering the intersection, and the right to proceed 110 shall be subject to the rules applicable after making a stop at a stop 111 sign. 112 (2) When a yellow lens is illuminated with rapid intermittent 113 flashes, drivers of vehicles facing such signal may proceed through the 114 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 5 of 23 intersection or past such signal only with caution. 115 (d) Lenses of the following colors only shall be used and shall be 116 arranged vertically in the signal face or, when necessary, horizontally, 117 and shall conform to the following positions: When arranged 118 vertically, red shall be located at the top, yellow shall be located 119 directly below red and the remaining indications below the yellow in 120 the following order: Flashing yellow, circular green, vertical arrow, 121 left-turn arrow and right-turn arrow, as needed; when arranged 122 horizontally, red shall be located at the left, yellow shall be located 123 directly to the right of red and the remaining indications to the right of 124 yellow in the following order: Flashing yellow, left-turn arrow, circular 125 green, vertical arrow and right-turn arrow, as needed. 126 (e) When lane-direction-control signals are placed over the 127 individual lanes of a street or highway, vehicular traffic may travel in 128 any lane over which a green arrow signal is shown, but shall not enter 129 or travel in any lane over which a red X signal is shown. 130 (f) If a traffic control signal, approved by the Office of the State 131 Traffic Administration, is erected and maintained at a place other than 132 an intersection, the provisions of this section shall be applicable except 133 as to those provisions which by their nature can have no application. 134 Any stop required shall be made at a sign or marking on the pavement 135 indicating where the stop shall be made, but in the absence of any sign 136 or marking, the stop shall be made at the signal. 137 Sec. 3. Subsections (a) and (b) of section 14-300 of the general 138 statutes are repealed and the following is substituted in lieu thereof 139 (Effective October 1, 2023): 140 (a) The traffic authority [shall have power to] may designate, by 141 appropriate official traffic control devices, as defined in section 14-297, 142 or markers, or by lines upon the surface of the highway, such 143 crosswalks and intersections as, in its opinion, constitute a danger to 144 pedestrians crossing the highway including, but not limited to, 145 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 6 of 23 specially marked crosswalks in the vicinity of schools, which 146 crosswalks shall have distinctive markings, in accordance with the 147 regulations of the Office of the State Traffic Administration, to denote 148 use of such crosswalks by school children; and may maintain suitable 149 signs located at intervals along highways, particularly where there are 150 no sidewalks, directing pedestrians to walk facing vehicular traffic. 151 (b) At any intersection where special pedestrian-control signals 152 bearing the words "Walk" or "Don't Walk" or the image of a walking 153 person symbolizing "Walk" or an upraised hand symbolizing "Don't 154 Walk" are placed, pedestrians may cross the highway only as indicated 155 by the signal. At any intersection where traffic is controlled by other 156 traffic control signals or by police officers, pedestrians shall not cross 157 the highway against a red or "Stop" signal and shall not cross at any 158 place not a marked or unmarked crosswalk. A pedestrian started or 159 starting across the highway [on a "Walk" signal] or on any such 160 crosswalk [on a green or "Go" signal] shall have the right-of-way over 161 all vehicles, including those making turns, until such pedestrian has 162 reached the opposite curb or safety zone. 163 Sec. 4. Section 14-311 of the general statutes is repealed and the 164 following is substituted in lieu thereof (Effective October 1, 2023): 165 (a) No person, firm, corporation, state agency [,] or municipal 166 agency, or any combination thereof, shall build, expand, establish or 167 operate any open air theater, shopping center or other development 168 generating large volumes of traffic that substantially affect state 169 highway traffic within this state, as determined by the Office of the 170 State Traffic Administration, until such person, firm, corporation [,] or 171 agency has procured from said office a certificate that the operation 172 thereof will not imperil the safety of the public, except that any 173 development, including any development to be built in phases, 174 without regard to when such phases are approved by the municipal 175 planning and zoning agency or other responsible municipal agency, 176 that contains a total of one hundred or fewer residential units shall not 177 be required to obtain such certificate if such development is a 178 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 7 of 23 residential-only development and is not part of a mixed -use 179 development that contains office, retail or other such nonresidential 180 uses, provided if any future development increases the total number of 181 residential units to more than one hundred, and such total 182 substantially affects state highway traffic within the state as 183 determined by the Office of the State Traffic Administration, a 184 certificate shall be procured from said office. 185 (b) Except as otherwise provided in this subsection or permitted by 186 the Office of the State Traffic Administration, no local building official 187 shall issue a building or foundation permit to any person, firm, 188 corporation, state agency or municipal agency to build, expand, 189 establish or operate such a development until the person, firm, 190 corporation or agency provides to such official a copy of the certificate 191 issued under this section by the office. No local building official shall 192 issue a certificate of occupancy to any such person, firm, corporation or 193 agency for such development until the conditions of the certificate 194 issued by the office under this section have been satisfied. If the office 195 determines that any person, firm, corporation [,] or [state or municipal] 196 agency has (1) started building, expanding, establishing or operating 197 such a development without first obtaining a certificate from said 198 office, or (2) has failed to comply with the conditions of such a 199 certificate, it shall order the person, firm, corporation or agency to (A) 200 cease constructing, expanding, establishing or operating the 201 development, or (B) comply with the conditions of the certificate 202 within a reasonable period of time. If such person, firm, corporation or 203 agency fails to (i) cease such work, or (ii) comply with an order of the 204 office within such time as specified by the office, the office may [make 205 an application] apply to the superior court for the judicial district of 206 Hartford or the judicial district where the development is located 207 enjoining the construction, expansion, establishment or operation of 208 such development. Notwithstanding the provisions of this subsection, 209 for single family home building lots within a subdivision of land, for 210 which a certificate is required and which do not have a direct exit or 211 entrance on, or directly abut or adjoin any state highway, no local 212 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 8 of 23 building official shall issue a certificate of occupancy to any person, 213 firm, corporation, state agency or municipal agency to occupy homes 214 on such lots until the person, firm, corporation or agency provides to 215 such official a copy of the certificate issued under this section by the 216 office and such official confirms that the certificate conditions have 217 been satisfied. 218 (c) The Office of the State Traffic Administration, to the extent 219 practicable, shall begin its review of an application prior to final 220 approval of the proposed activity by the municipal planning and 221 zoning agency or other responsible municipal agency. 222 (d) In determining the advisability of such certification, the Office of 223 the State Traffic Administration shall include, in its consideration, 224 highway safety, bicycle and pedestrian access and safety, the width 225 and character of the highways affected, the density of traffic thereon, 226 the character of such traffic and the opinion and findings of the traffic 227 authority of the municipality wherein the development is located. The 228 office may require improvements to be made by the applicant to the 229 extent that such improvements address impacts to state highway 230 safety or bicycle and pedestrian access and safety created by the 231 addition of the applicant's proposed development or activity. If the 232 office determines that such improvements, including traffic signals, 233 pavement markings, channelization, pavement widening or other 234 changes or traffic control devices, are required to handle traffic safely 235 and efficiently, one hundred per cent of the cost thereof shall be borne 236 by the person, firm, corporation or agency building, establishing or 237 operating such open air theater, shopping center or other development 238 generating large volumes of traffic, except that such cost shall not be 239 borne by any municipal agency. The Commissioner of Transportation 240 may issue a permit to [said] such person, firm, corporation or agency 241 to construct or install the changes required by the office. 242 (e) Any person, firm, corporation or agency building, establishing or 243 operating such open air theater, shopping center or other development 244 generating large volumes of traffic aggrieved by any decision of the 245 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 9 of 23 Office of the State Traffic Administration [hereunder] under this 246 section may appeal therefrom in accordance with the provisions of 247 section 4-183, except venue for such appeal shall be in the judicial 248 district in which it is proposed to operate such establishment. The 249 provisions of this section, except insofar as such provisions relate to 250 expansion, shall not apply to any open air theater, shopping center or 251 other development generating large volumes of traffic in operation on 252 July 1, 1967. 253 (f) Before submitting an application for any development generating 254 large volumes of traffic pursuant to subsection (a) of this section to the 255 Office of the State Traffic Administration, the [individual or entity] 256 person, firm, corporation or agency submitting such application shall 257 attend a mandatory meeting with the Office of the State Traffic 258 Administration and other staff from the Department of Transportation. 259 At such meeting, such [individual or entity] person, firm, corporation 260 or agency shall present the applicant's proposed development [to such 261 department staff] and receive feedback, including, but not limited to, 262 information as to what [needs] materials need to be submitted for an 263 application to be considered complete. 264 Sec. 5. Section 14-311c of the general statutes is repealed and the 265 following is substituted in lieu thereof (Effective October 1, 2023): 266 (a) No [group of persons, firms, corporations, state agencies or 267 municipal agencies] person, firm, corporation, state agency or 268 municipal agency, or any combination thereof, shall build, expand, 269 establish or operate any open air theater, shopping center or other 270 development generating large volumes of traffic on any group of 271 individual parcels of land which are separately owned but are utilized 272 together for a single development purpose, whether or not such 273 parcels are separated by any state, local or private roadway that 274 substantially affect state highway traffic within this state, as 275 determined by the Office of the State Traffic Administration, until such 276 [group] person, firm, corporation or agency has procured from the 277 Office of the State Traffic Administration a certificate that the 278 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 10 of 23 operation thereof will not imperil the safety of the public, except that 279 any development, including any development to be built in phases 280 without regard to when such phases are approved by the municipal 281 planning and zoning agency or other responsible municipal agency, 282 that contains a total of one hundred or fewer residential units shall not 283 be required to obtain such a certificate if such development is a 284 residential-only development and not part of a mixed -use 285 development containing office, retail or other such nonresidential uses, 286 provided if any future development increases the total number of 287 residential units to more than one hundred, and this total substantially 288 affects state highway traffic within the state as determined by the 289 Office of the State Traffic Administration, a certificate shall be 290 procured from said office. 291 (b) Except as otherwise provided in this subsection or permitted by 292 the Office of the State Traffic Administration, no local building official 293 shall issue a building or foundation permit to any such [group or 294 member thereof] person, firm, corporation or agency to build, expand, 295 establish or operate such a development until the [group or member] 296 person, firm, corporation or agency provides to such official a copy of 297 the certificate issued under this section by the Office of the State Traffic 298 Administration. No local building official shall issue a certificate of 299 occupancy to any such person, firm, corporation or agency for such 300 development until the conditions of the certificate issued by the office 301 under this section have been satisfied. If the Office of the State Traffic 302 Administration determines that any [group or member] person, firm, 303 corporation or agency has (1) started building, expanding, establishing 304 or operating such a development without first obtaining a certificate 305 from said office, or (2) has failed to comply with the conditions of such 306 a certificate, it shall order the [group or member] person, firm, 307 corporation or agency to (A) cease constructing, expanding, 308 establishing or operating the development, or (B) to comply with the 309 conditions of the certificate within a reasonable period of time. If such 310 [group or member] person, firm, corporation or agency fails to (i) cease 311 such work, or (ii) comply with such order within such time as specified 312 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 11 of 23 by the Office of the State Traffic Administration, said office or the 313 traffic authority of the municipality wherein the development is 314 located may [make an application] apply to the superior court for the 315 judicial district of Hartford or the judicial district where the 316 development is located enjoining the construction, expansion, 317 establishment or the operation of such development. Notwithstanding 318 the provisions of this subsection, for single family home building lots 319 within a subdivision of land, for which a certificate is required and 320 which do not have a direct exit or entrance on, or directly abut or 321 adjoin any state highway, no local building official shall issue a 322 certificate of occupancy to any such [group or member thereof or] 323 person, firm, corporation or agency to occupy homes on such lots until 324 such [group, member or] person, firm, corporation or agency provides 325 to such official a copy of the certificate issued under this section by 326 said office and such official confirms that the certificate conditions 327 have been satisfied. 328 (c) The Office of the State Traffic Administration, to the extent 329 practicable, shall begin its review of an application prior to final 330 approval of the proposed activity by the municipal planning and 331 zoning agency or other responsible municipal agency. 332 (d) In determining the advisability of such certification, the Office of 333 the State Traffic Administration shall include, in its consideration, 334 highway safety, the width and character of the highways affected, the 335 density of traffic thereon, the character of such traffic and the opinion 336 and findings of the traffic authority of the municipality wherein the 337 development is located. The Office of the State Traffic Administration 338 may require improvements to be made by the applicant to the extent 339 that such improvements address impacts to state highway safety 340 created by the addition of the applicant's proposed development or 341 activity. If the Office of the State Traffic Administration determines 342 that such improvements, including traffic signals, pavement markings, 343 channelization, pavement widening or other changes or traffic control 344 devices, are required to handle traffic safely and efficiently, one 345 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 12 of 23 hundred per cent of the cost thereof shall be borne by the [group] 346 person, firm, corporation or agency building, establishing or operating 347 such open air theater, shopping center or other development 348 generating large volumes of traffic, except that such cost shall not be 349 borne by any municipal agency. The Commissioner of Transportation 350 may issue a permit to [said group] such person, firm, corporation or 351 agency to construct or install the changes required by the Office of the 352 State Traffic Administration, in consultation with the local traffic 353 authority. 354 (e) Any [group] person, firm, corporation or agency building, 355 establishing or operating such open air theater, shopping center or 356 other development generating large volumes of traffic aggrieved by 357 any decision of the Office of the State Traffic Administration 358 [hereunder] under this section may appeal therefrom in accordance 359 with the provisions of section 4-183, except venue for such appeal shall 360 be in the judicial district in which it is proposed to operate such 361 establishment. The provisions of this section except insofar as such 362 provisions relate to expansion shall not apply to any open air theater, 363 shopping center or other development generating large volumes of 364 traffic which has received all necessary permits, variances, exceptions 365 and approvals from the municipal zoning commission, planning 366 commission, combined planning and zoning commission and zoning 367 board of appeals in which such development is located prior to or on 368 July 1, 1985, or to any such development which is in operation on that 369 date. 370 (f) Before submitting an application for any development generating 371 large volumes of traffic pursuant to subsection (a) of this section to the 372 Office of the State Traffic Administration, the person, firm, corporation 373 or agency submitting such application shall attend a mandatory 374 meeting with the Office of the State Traffic Administration and other 375 staff from the Department of Transportation. At such meeting, such 376 person, firm, corporation or agency shall present the applicant's 377 proposed development and receive feedback, including, but not 378 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 13 of 23 limited to, information as to what materials need to be submitted for 379 an application to be considered complete. 380 Sec. 6. (NEW) (Effective from passage) (a) The Connecticut Training 381 and Technical Assistance Center at The University of Connecticut shall 382 conduct training sessions, at least three times a year, for traffic 383 authorities concerning the powers and responsibilities of traffic 384 authorities, the installation of official traffic control devices and an 385 overview of the applicable provisions of the general statutes and any 386 regulations adopted by the Office of the State Traffic Administration. 387 (b) On or before January 1, 2024, and annually thereafter, each 388 traffic authority, or such authority's appointed representative, shall 389 complete the training offered pursuant to subsection (a) of this section. 390 The Connecticut Training and Technical Assistance Center shall 391 maintain records indicating when a traffic authority, or such 392 authority's representative, completed such training. 393 Sec. 7. Subsection (b) of section 14-218a of the general statutes is 394 repealed and the following is substituted in lieu thereof (Effective 395 October 1, 2023): 396 (b) (1) Except as provided in subdivision (2) of this subsection, the 397 Office of the State Traffic Administration shall establish a speed limit 398 [of] not to exceed sixty-five miles per hour on [any] each multiple lane, 399 limited access [highways] highway. The office shall establish speed 400 limits that are suitable for [a speed limit of sixty-five miles per hour] 401 each such highway, taking into consideration relevant factors 402 including design, population of area and traffic flow. 403 (2) The Commissioner of Transportation may establish the speed 404 limit on limited access highways during a weather event or an 405 emergency, provided the commissioner erects electronic signs 406 indicating such speed limit. 407 Sec. 8. Section 13b-212b of the general statutes is repealed and the 408 following is substituted in lieu thereof (Effective July 1, 2023): 409 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 14 of 23 (a) There is established a Connecticut [Commuter Rail] Public 410 Transportation Council which shall consist of fifteen members, 411 [appointed with the advice and consent of the General Assembly,] all 412 of whom shall be (1) [commuters] residents who regularly use the 413 transportation services of the New Haven commuter railroad line 414 which includes the New Canaan, Danbury and Waterbury branches of 415 such line, (2) [commuters] residents who regularly use the 416 transportation services of the [Shoreline] Shore Line East railroad line, 417 [or] (3) residents [of a municipality in which the Commissioner of 418 Transportation has proposed a new rail line or in which a rail line has 419 commenced operation after July 1, 2013] who regularly use the 420 transportation services of the Hartford railroad line, or (4) residents 421 who regularly use bus public transportation services funded by the 422 state. Members shall be appointed as follows: (A) The Governor shall 423 appoint four members; [, one of whom shall be the chief elected official 424 of a municipality located on an operating or proposed new rail line;] 425 (B) the president pro tempore of the Senate shall appoint three 426 members, one of whom regularly uses bus public transportation 427 services funded by the state and one of whom regularly uses the 428 transportation services of the New Haven railroad line; (C) the speaker 429 of the House of Representatives shall appoint three members, one of 430 whom regularly uses bus public transportation services funded by the 431 state and one of whom regularly uses the transportation services of the 432 Hartford railroad line; (D) the minority leader of the Senate shall 433 appoint one member; (E) the minority leader of the House of 434 Representatives shall appoint one member; (F) the chairpersons of the 435 joint standing committee of the General Assembly having cognizance 436 of matters relating to transportation shall each appoint one member, 437 one of whom [shall be from a municipality in which the Commissioner 438 of Transportation has proposed a new rail line or in which a rail line 439 has commenced operation after July 1, 2013, and one of whom shall be 440 from a municipality in which a station for the Shoreline East railroad 441 line is located] regularly uses bus public transportation services 442 funded by the state and one of whom regularly use s the 443 transportation services of the Shore Line East railroad line; and (G) the 444 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 15 of 23 ranking members of said committee shall jointly appoint one member 445 who [shall be from a municipality served by the Danbury or 446 Waterbury branches of the New Haven commuter railroad line ] 447 regularly uses bus public transportation services funded by the state. 448 Each member shall serve for a term of four years. All initial 449 appointments to the council shall be made by August 1, [2013] 2023, 450 and initial members shall serve a four-year term commencing on 451 August 1, [2013] 2023, except that members appointed prior to July 1, 452 2023, to serve on the Connecticut Commuter Rail Council and whose 453 term has not expired as of July 1, 2023, shall be deemed appointed to 454 serve on the Connecticut Public Transportation Council until the 455 expiration of the term of the member or the occurrence of a vacancy, 456 whichever occurs first. Any vacancy shall be filled by the original 457 appointing authority by appointment for the unexpired portion of any 458 term. Members of the council shall serve until their respective 459 successors are appointed. [and approved by the General Assembly.] 460 (b) [The] Notwithstanding the provisions of section 4-9a, the 461 members of the council shall choose one of the members of the council 462 to be chairperson of the council. A majority of the members of the 463 council then in office shall constitute a quorum for the transaction of 464 any business, and action shall be by vote of a majority of the members 465 present at a meeting. The council shall meet at least once during each 466 calendar quarter and at such other times as the chairperson deems 467 necessary or upon the request of a majority of the members in office. 468 Special meetings shall be held at the request of such majority after 469 notice in accordance with the provisions of section 1-225. Any member 470 who fails to attend fifty per cent of all meetings held during any 471 calendar year or who fails to attend three consecutive meetings shall 472 be deemed to have resigned from office. Not later than ten days after a 473 vacancy occurs in the council or the resignation of a member, the 474 chairperson shall notify the appointing authority of such vacancy or 475 resignation. 476 (c) The Department of Transportation shall maintain records of each 477 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 16 of 23 request for information and data received from the council and denote 478 the status of any such request. 479 Sec. 9. Section 13b-212c of the general statutes is repealed and the 480 following is substituted in lieu thereof (Effective July 1, 2023): 481 The Connecticut [Commuter Rail] Public Transportation Council 482 shall study and investigate all aspects of the daily operation of 483 [commuter rail lines in] the commuter railroad systems and bus public 484 transportation services funded by the state, monitor their performance 485 and recommend changes to improve the efficiency, equity and [the] 486 quality of service [of the operation of such lines] on such commuter rail 487 systems and bus public transportation services. The council may 488 request and shall receive, if available, from any department, division, 489 board, bureau, commission, agency [,] or public authority of the state, 490 or any political subdivision thereof, such assistance and data [as it 491 requests and] that will enable it to properly carry out its activities for 492 the purposes set forth in this section. The council shall also [work with 493 the Department of Transportation to] serve as an advocate for 494 customers of all commuter [lines in] railroad systems and bus public 495 transportation services funded by the state. [and shall make 496 recommendations for improvements to such lines.] The Department of 497 Transportation shall (1) submit monthly reports with information and 498 data concerning the on-time performance by station and passenger 499 ridership of the commuter railroad systems and bus public 500 transportation services funded by the state, and (2) make quarterly 501 presentations at the meetings of the council concerning such reports 502 and respond to reasonable inquiries made in advance of any meeting 503 by the council. The council shall report its findings and 504 recommendations annually on or before January fifteenth, to the 505 Governor, the Commissioner of Transportation, the General Assembly, 506 the Metro North Rail Commuter Council located in the state of New 507 York and the management advisory board of the office of the inspector 508 general of the Metropolitan Transportation Authority located in the 509 state of New York. The council shall also annually present its findings 510 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 17 of 23 and recommendations to the joint standing committee of the General 511 Assembly having cognizance of matters relating to transportation. 512 Sec. 10. (Effective from passage) On or before February 1, 2024, the 513 Connecticut Public Transportation Council, established under section 514 13b-212b of the general statutes, as amended by this act, shall submit, 515 in accordance with the provisions of section 11-4a of the general 516 statutes, to the joint standing committee of the General Assembly 517 having cognizance of matters relating to transportation, a report 518 regarding the organizational structure of the council and any 519 recommendations to improve or modify such structure and the 520 mission of the council. 521 Sec. 11. Section 20 of public act 21-175 is repealed and the following 522 is substituted in lieu thereof (Effective from passage): 523 The Commissioner of Transportation shall study the feasibility of (1) 524 extending the Shore Line East rail line to the state of Rhode Island, (2) 525 establishing a new passenger rail service from the town of New 526 London to the town of Norwich, (3) establishing a new passenger train 527 station in the town of Groton and the borough of Stonington, and (4) 528 extending ground transportation systems in the eastern region of the 529 state and providing interconnection between such systems and rail 530 lines. The commissioner may seek and use any available federal funds 531 to conduct such study. On or before [January] December 1, 2023, the 532 commissioner shall submit the results of such study to the joint 533 standing committee of the General Assembly having cognizance of 534 matters relating to transportation, in accordance with the provisions of 535 section 11-4a of the general statutes. 536 Sec. 12. Section 13b-103 of the general statutes is repealed and the 537 following is substituted in lieu thereof (Effective October 1, 2023): 538 (a) (1) No person, association, limited liability company or 539 corporation shall operate a motor vehicle in livery service until such 540 person, association, limited liability company or corporation has 541 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 18 of 23 obtained a permit from the Department of Transportation, specifying 542 the nature and extent of the service to be rendered and certifying that 543 public convenience and necessity will be improved by the operation 544 and conduct of such livery service. Such permits shall be issued only 545 after a written application for the same has been made and a public 546 hearing has been held thereon. Upon receipt of such application, 547 together with the payment of a fee of two hundred dollars, the 548 department shall fix a time and place of hearing thereon, within a 549 reasonable time, and shall promptly give written notice of the 550 pendency of such application and of the time and place of such 551 hearing to each applicant, the mayor of each city, the warden of each 552 borough and the first selectman of each town, within which any such 553 applicant desires to maintain an office or headquarters, to any carrier 554 legally operating motor vehicles in livery service within the same 555 territory and to other interested parties as determined by the 556 department. (2) Notwithstanding the provisions of subdivision (1) of 557 this subsection, the department may issue a permit for the operation of 558 vehicles (A) having a capacity of less than eleven adults or to be used 559 exclusively at funerals, weddings, christenings, processions or 560 celebrations, without holding a hearing and certifying that public 561 convenience and necessity would be improved by the operation of 562 such vehicles, or (B) having a capacity of not less than eleven or more 563 than fourteen adults and used for sightseeing and related purposes, 564 without holding a hearing, provided the department issues a legal 565 notice, as provided under section 1-2, of such application and no 566 objection is filed with the department within thirty days of publication 567 of such notice. (3) Notwithstanding the provisions of subdivision (1) of 568 this subsection, the department may issue a temporary or permanent 569 permit to any person, association, limited liability company or 570 corporation operating a motor vehicle engaged in the transportation of 571 passengers for hire by virtue of a contract with, or a lower tier contract 572 for, any federal, state or municipal agency that (A) is in effect on July 1, 573 1997, with or without hearing, after a written application for the same 574 has been made and the department has determined that the applicant 575 meets the requirements of subsection (b) of this section except with 576 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 19 of 23 respect to public convenience and necessity, or (B) becomes effective 577 after July 1, 1997, with or without hearing, after a written application 578 for the same has been made and the department has determined that 579 the applicant meets the requirements of subsection (b) of this section. 580 Any such permit issued under the provisions of this subdivision (i) 581 shall be limited to service provided under any such contract, and (ii) 582 with respect to any contract under the provisions of subparagraph (A) 583 of this subdivision, shall not authorize a total number of motor 584 vehicles exceeding the number required to provide service existing 585 under such contract on July 1, 1997. (4) Notwithstanding the 586 provisions of subdivision (1) of this subsection, the department shall 587 issue to any person who has an intrastate livery permit for at least one 588 year, upon the application of such person, up to two additional vehicle 589 authorizations each year without a hearing and without written notice 590 of the pendency of the application, if all the existing permits held by 591 such person are registered and in use and if there are no outstanding 592 violations or matters pending adjudication against such person. Such 593 person may submit a second application for up to two additional 594 vehicle authorizations each year. The department shall have thirty 595 calendar days to issue such amended permit upon receipt of an 596 application and the payment of the fee described in subdivision (1) of 597 this subsection. 598 (b) In determining whether or not such a permit will be granted, the 599 Department of Transportation shall take into consideration the present 600 or future public convenience and necessity for the service the applicant 601 proposes to render, the suitability of the applicant or the suitability of 602 the management if the applicant is a limited liability company or 603 corporation, the financial responsibility of the applicant, the ability of 604 the applicant efficiently and properly to perform the service for which 605 authority is requested and the fitness, willingness and ability of the 606 applicant to conform to the provisions of this chapter and the 607 requirements and regulations of the department under this chapter. 608 (c) Any interested party may bring a written petition to the 609 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 20 of 23 Department of Transportation in respect to fares, service, operation or 610 equipment, or the convenience, protection and safety of the public 611 with regard to any carrier operating a motor vehicle in livery service. 612 Thereupon, the department may fix a time and place for a hearing 613 upon such petition and give notice thereof. No permit shall be sold or 614 transferred until the department, upon written application to it setting 615 forth the purpose, terms and conditions thereof and accompanied by a 616 fee of two hundred dollars, after investigation, approves the same. The 617 department may amend or, for sufficient cause shown, may suspend 618 or revoke any such permit. The department may order appropriate 619 corrective action as the department deems necessary, including, but 620 not limited to, the attendance of a motor vehicle operator retraining 621 program. The department may impose a civil penalty on any person or 622 any officer of any association, limited liability company or corporation 623 who violates any provision of this chapter or any regulation adopted 624 under section 13b-102, as amended by this act, with respect to fares, 625 service, operation, [or] equipment, management or staffing, in an 626 amount not to exceed one thousand dollars per day for each violation. 627 Prior to the imposition of a civil penalty under this subsection, the 628 department shall provide notice to [said] such person or officer no later 629 than fifteen business days after receipt of information concerning an 630 alleged violation and shall provide an opportunity for a hearing. 631 [(d) The owner or operator of each motor vehicle in livery service 632 shall display in such vehicle such permit or a memorandum thereof.] 633 [(e)] (d) (1) Any person who holds himself or herself out to be the 634 operator of a motor vehicle in livery service who has not received a 635 permit under this section shall be guilty of a class B misdemeanor. 636 (2) The state shall remit to a municipality fifty per cent of the fine 637 amount received for a violation of subdivision (1) of this subsection 638 with respect to each summons issued by such municipality. Each clerk 639 of the Superior Court or the Chief Court Administrator, or any other 640 official of the Superior Court designated by the Chief Court 641 Administrator, shall, on or before the thirtieth day of January, April, 642 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 21 of 23 July and October in each year, certify to the Comptroller the amount 643 due for the previous quarter under this subsection to each 644 municipality served by the office of the clerk or official. 645 [(f)] (e) The Department of Transportation may revoke a permit 646 issued under this section or section 13b-105 without a hearing, 647 provided (1) the department sends a notice of revocation to the permit 648 holder at the address of the permit holder on file with the department 649 and (A) the notice is returned as undeliverable or could not be 650 delivered, or (B) the permit holder fails to respond to the notice within 651 the time period specified by the department in such notice, (2) the 652 department conducts a physical inspection of the address of the permit 653 holder on file with the department and determines that no livery 654 service is operated at such address, and (3) no motor vehicle is 655 registered by the permit holder with the Department of Motor Vehicles 656 to be used as specified in the permit pursuant to section 13b-106. 657 Sec. 13. Subdivision (1) of subsection (a) of section 13b-102 of the 658 general statutes is repealed and the following is substituted in lieu 659 thereof (Effective October 1, 2023): 660 (a) (1) Each person, association, limited liability company or 661 corporation owning or operating a motor vehicle in livery service shall 662 be subject to the jurisdiction of the Department of Transportation, and 663 the department may prescribe adequate service and reasonable rates 664 and charges and prescribe and establish such reasonable regulations, 665 in accordance with the provisions of chapter 54, with respect to fares, 666 service, operation, [and] equipment, management and staffing as it 667 deems necessary for the convenience, protection, safety and best 668 interests of passengers and the public. 669 Sec. 14. (Effective from passage) Notwithstanding the provisions of 670 sections 2-14 and 7-273b of the general statutes, the Norwalk Transit 671 District shall be dissolved on January 1, 2024, on which date (1) all 672 funds and property of the district shall pass to the Department of 673 Transportation, (2) the Department of Transportation shall assume and 674 Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 22 of 23 be liable for all debts and obligations of the district, and shall be liable 675 to pay all such debts and obligations, and (3) the Department of 676 Transportation shall provide transit services to the areas previously 677 served by the district. 678 Sec. 15. (Effective from passage) The Department of Transportation 679 shall paint and maintain route shield pavement markings at the 680 intersection of Interstate Routes 95 and 91 in the city of New Haven 681 and at the intersection of Interstate Routes 91 and 84 in the city of 682 Hartford to depict interchange geometry in accordance with the 683 Federal Highway Administration's Manual on Uniform Traffic Control 684 Devices for Streets and Highways, as amended from time to time. 685 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2023 14-314 Sec. 2 October 1, 2023 14-299 Sec. 3 October 1, 2023 14-300(a) and (b) Sec. 4 October 1, 2023 14-311 Sec. 5 October 1, 2023 14-311c Sec. 6 from passage New section Sec. 7 October 1, 2023 14-218a(b) Sec. 8 July 1, 2023 13b-212b Sec. 9 July 1, 2023 13b-212c Sec. 10 from passage New section Sec. 11 from passage PA 21-175, Sec. 20 Sec. 12 October 1, 2023 13b-103 Sec. 13 October 1, 2023 13b-102(a)(1) Sec. 14 from passage New section Sec. 15 from passage New section Statement of Legislative Commissioners: In Section 8(b), "The" was changed to "[The] Notwithstanding the provisions of section 4-9a, the" for statutory consistency; in Section 9, "such systems and services" was changed to "such commuter railroad systems and bus public transportation services" for clarity; in Section 10 ", established under section 13b-212b of the general statutes, as Substitute Bill No. 904 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- R01-SB.docx } 23 of 23 amended by this act," was inserted for clarity; and in Section 12(a)(4), "for" and "such" were deleted for clarity. TRA Joint Favorable Subst.