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3 | + | LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904-R01- | |
4 | + | SB.docx | |
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7 | + | General Assembly Substitute Bill No. 904 | |
8 | + | January Session, 2023 | |
1 | 9 | ||
2 | 10 | ||
3 | 11 | ||
4 | - | Substitute Senate Bill No. 904 | |
5 | - | ||
6 | - | Public Act No. 23-135 | |
7 | 12 | ||
8 | 13 | ||
9 | - | AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE | |
10 | - | DEPARTMENT OF TRANSPORTATION AND CONCERNING STATE | |
11 | - | PARKWAYS, THE CONNECTICUT AIRPORT AUTHORITY, A | |
12 | - | TRANSPORTATION CARBON DIOXIDE REDUCTION TARGET, A | |
13 | - | TREE AND VEGETATION MANAGEMENT PLAN, MOTOR VEHICLE | |
14 | - | NOISE, THE ZERO -EMISSION TRUCK VOUCHER PROGRAM, | |
15 | - | STREET RACING, EMERGENCY LIGHTS AND THE NAMING OF | |
16 | - | CERTAIN ROADS AND BRIDGES. | |
14 | + | AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE | |
15 | + | OF THE STATE TRAFFIC ADMINISTRATION AND THE DEPARTMENT | |
16 | + | OF TRANSPORTATION, THE DISSOLUTION OF THE NORWALK | |
17 | + | TRANSIT DISTRICT AND ROUTE SHIELD PAVEMENT MARKINGS. | |
17 | 18 | Be it enacted by the Senate and House of Representatives in General | |
18 | 19 | Assembly convened: | |
19 | 20 | ||
20 | - | Section 1. Section 14-299 of the general statutes is repealed and the | |
21 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
22 | - | (a) For the purpose of standardization and uniformity, no installation | |
23 | - | of or revision to any traffic control signal light shall be made by any | |
24 | - | town, city or borough until the same has been approved by the Office of | |
25 | - | the State Traffic Administration. Such approval shall be based on | |
26 | - | necessity for, location of and type of such signal light and shall be | |
27 | - | applied for on a form supplied by the Office of the State Traffic | |
28 | - | Administration and shall be submitted to said office by the traffic | |
29 | - | authority having jurisdiction. Approval of any such signal light may be | |
30 | - | revoked by the Office of the State Traffic Administration at any time if | |
31 | - | said office deems such revocation to be in the interest of public safety, | |
32 | - | and thereupon such signal lights shall be removed by the traffic Substitute Senate Bill No. 904 | |
21 | + | Section 1. Section 14-314 of the general statutes is repealed and the 1 | |
22 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2 | |
23 | + | (a) Any person, firm or corporation failing to comply with any order 3 | |
24 | + | made pursuant to any provision of this chapter shall be fined not more 4 | |
25 | + | than five thousand dollars or imprisoned not more than thirty days or 5 | |
26 | + | both, and shall be subject to the provisions of section 14-111. Any 6 | |
27 | + | person, firm or corporation failing to comply with any traffic control 7 | |
28 | + | signal, sign, marking or other device placed and maintained upon the 8 | |
29 | + | highway, or with any regulation adopted pursuant to any provision of 9 | |
30 | + | this chapter, by the Office of the State Traffic Administration or the 10 | |
31 | + | traffic authority of any city, town or borough shall be deemed to have 11 | |
32 | + | committed an infraction, if no other penalty is provided by law. 12 | |
33 | + | Traveling at a greater rate of speed than is reasonable as provided in 13 | |
34 | + | section 14-218a, as amended by this act, shall not be deemed to be a 14 | |
35 | + | failure to comply with the provisions of this section but shall be 15 | |
36 | + | deemed to be the commission of an infraction within the provisions of 16 | |
37 | + | [said] section 14-218a, as amended by this act. 17 Substitute Bill No. 904 | |
33 | 38 | ||
34 | - | Public Act No. 23-135 2 of 62 | |
35 | 39 | ||
36 | - | authority having jurisdiction. | |
37 | - | (b) When traffic at an intersection is alternately directed to proceed | |
38 | - | and to stop by the use of signals exhibiting colored lights or lighted | |
39 | - | arrows, successively one at a time or in combination, only the colors | |
40 | - | green, red and yellow shall be used, except for special [pedestrian | |
41 | - | control] pedestrian-control signals carrying word legends [, said lights] | |
42 | - | or symbols. Such lights or arrows shall apply to drivers of vehicles and | |
43 | - | pedestrians and shall indicate the following: | |
44 | - | (1) Circular green alone: Vehicular traffic facing a green signal may | |
45 | - | proceed straight through or turn right or left unless a sign or marking at | |
46 | - | such place prohibits either such turn or straight through movement, | |
47 | - | except that such traffic shall yield the right-of-way to pedestrians and | |
48 | - | vehicles [lawfully] within a crosswalk or the intersection at the time | |
49 | - | such signal was exhibited; pedestrians facing the green signal, except | |
50 | - | when directed by separate pedestrian-control signals, may proceed | |
51 | - | across the highway within any marked or unmarked crosswalk. | |
52 | - | (2) Yellow: Vehicular traffic facing a steady yellow signal is thereby | |
53 | - | warned that the related green movement is being terminated or that a | |
54 | - | red indication will be exhibited immediately thereafter, when vehicular | |
55 | - | traffic shall stop before entering the intersection unless so close to the | |
56 | - | intersection that a stop cannot be made in safety; pedestrians facing a | |
57 | - | steady yellow signal, except when directed by separate pedestrian- | |
58 | - | control signals, are thereby advised that there is insufficient time to | |
59 | - | cross the roadway before a red indication is shown and no pedestrian | |
60 | - | shall then start to cross the roadway. | |
61 | - | (3) Red alone: Vehicular traffic facing a steady red signal alone shall | |
62 | - | stop before entering the crosswalk on the near side of the intersection | |
63 | - | or, if none, then before entering the intersection and remain standing | |
64 | - | until the next indication is shown; provided, on or after July 1, 1979, | |
65 | - | vehicular traffic traveling in the travel lane nearest the right hand curb Substitute Senate Bill No. 904 | |
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67 | - | Public Act No. 23-135 3 of 62 | |
44 | + | (b) The Office of the State Traffic Administration shall provide 18 | |
45 | + | written notice to any city, town or borough that fails to comply with 19 | |
46 | + | any order made pursuant to any provision of this chapter or with any 20 | |
47 | + | regulation adopted pursuant to this chapter by the office specifying the 21 | |
48 | + | time within such city, town or borough shall comply with such order. 22 | |
49 | + | The office shall take into consideration the availability of equipment or 23 | |
50 | + | the need for the installation or purchase of any such equipment in 24 | |
51 | + | establishing the time for compliance. Any city, town or borough that 25 | |
52 | + | fails to comply with such order within the specified time shall be 26 | |
53 | + | ineligible to apply for any competitive grant program administered by 27 | |
54 | + | the Department of Transportation or the Office of Policy and 28 | |
55 | + | Management, including the small town economic assistance program 29 | |
56 | + | established pursuant to section 4-66g, for the purposes of funding a 30 | |
57 | + | transportation-related project located in such city, town or borough. 31 | |
58 | + | Sec. 2. Section 14-299 of the general statutes is repealed and the 32 | |
59 | + | following is substituted in lieu thereof (Effective October 1, 2023): 33 | |
60 | + | (a) For the purpose of standardization and uniformity, no 34 | |
61 | + | installation of or revision to any traffic control signal light shall be 35 | |
62 | + | made by any town, city or borough until the same has been approved 36 | |
63 | + | by the Office of the State Traffic Administration. Such approval shall 37 | |
64 | + | be based on necessity for, location of and type of such signal light and 38 | |
65 | + | shall be applied for on a form supplied by the Office of the State Traffic 39 | |
66 | + | Administration and shall be submitted to said office by the traffic 40 | |
67 | + | authority having jurisdiction. Approval of any such signal light may be 41 | |
68 | + | revoked by the Office of the State Traffic Administration at any time if 42 | |
69 | + | said office deems such revocation to be in the interest of public safety, 43 | |
70 | + | and thereupon such signal lights shall be removed by the traffic 44 | |
71 | + | authority having jurisdiction. 45 | |
72 | + | (b) When traffic at an intersection is alternately directed to proceed 46 | |
73 | + | and to stop by the use of signals exhibiting colored lights or lighted 47 | |
74 | + | arrows, successively one at a time or in combination, only the colors 48 | |
75 | + | green, red and yellow shall be used, except for special [pedestrian 49 | |
76 | + | control] pedestrian-control signals carrying word legends [, said lights] 50 Substitute Bill No. 904 | |
68 | 77 | ||
69 | - | or other defined edge of the roadway, unless a sign approved by the | |
70 | - | Office of the State Traffic Administration has been erected in the | |
71 | - | appropriate place prohibiting this movement, may cautiously enter the | |
72 | - | intersection to make a right turn onto a two-way street or onto another | |
73 | - | one-way street on which all the traffic is moving to such vehicle's right | |
74 | - | after such vehicle has stopped as required in this subdivision and | |
75 | - | yielded the right-of-way to pedestrians [lawfully] within an adjacent | |
76 | - | crosswalk and to other traffic lawfully using the intersection. | |
77 | - | Pedestrians facing a steady red signal alone, except when directed by | |
78 | - | separate pedestrian-control signals, shall not enter the roadway. | |
79 | - | (4) Green arrow: Vehicular traffic facing a green arrow signal, shown | |
80 | - | alone or in combination with another indication, may cautiously enter | |
81 | - | the intersection only to make the movement indicated by such arrow, or | |
82 | - | such other movement as is permitted by other indications shown at the | |
83 | - | same time, but such vehicular traffic shall yield the right-of-way to | |
84 | - | pedestrians [lawfully] within a crosswalk and to other traffic lawfully | |
85 | - | within the intersection. | |
86 | - | (5) Whenever special pedestrian-control signals exhibiting the words | |
87 | - | "Walk" or "Don't Walk" or the image of a walking person symbolizing | |
88 | - | "Walk" or an upraised hand symbolizing "Don't Walk" are in place, such | |
89 | - | signals shall indicate as follows: "Walk" or walking person symbol: | |
90 | - | Pedestrians facing such signals may proceed across the roadway in the | |
91 | - | direction of the signal and shall be given the right-of-way by the drivers | |
92 | - | of all vehicles; "Don't Walk" or upraised hand symbol: No pedestrian | |
93 | - | shall start to cross the roadway in the direction of such signal, but any | |
94 | - | pedestrian who has partially completed [his] crossing on the walk signal | |
95 | - | shall proceed to a sidewalk or safety island while the flashing "Don't | |
96 | - | Walk" or flashing upraised hand symbol signal is showing. | |
97 | - | (c) When an illuminated flashing red or yellow signal is used in a | |
98 | - | traffic sign or signal, it shall require obedience by vehicular traffic as | |
99 | - | follows: Substitute Senate Bill No. 904 | |
100 | 78 | ||
101 | - | Public Act No. 23-135 4 of 62 | |
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102 | 82 | ||
103 | - | (1) Flashing red: When a red lens is illuminated by rapid intermittent | |
104 | - | flashes, drivers of vehicles shall stop before entering the nearest | |
105 | - | crosswalk at an intersection, or at a limit line when marked or, if none, | |
106 | - | then before entering the intersection, and the right to proceed shall be | |
107 | - | subject to the rules applicable after making a stop at a stop sign. | |
108 | - | (2) When a yellow lens is illuminated with rapid intermittent flashes, | |
109 | - | drivers of vehicles facing such signal may proceed through the | |
110 | - | intersection or past such signal only with caution. | |
111 | - | (d) Lenses of the following colors only shall be used and shall be | |
112 | - | arranged vertically in the signal face or, when necessary, horizontally, | |
113 | - | and shall conform to the following positions: When arranged vertically, | |
114 | - | red shall be located at the top, yellow shall be located directly below red | |
115 | - | and the remaining indications below the yellow in the following order: | |
116 | - | Flashing yellow, circular green, vertical arrow, left-turn arrow and | |
117 | - | right-turn arrow, as needed; when arranged horizontally, red shall be | |
118 | - | located at the left, yellow shall be located directly to the right of red and | |
119 | - | the remaining indications to the right of yellow in the following order: | |
120 | - | Flashing yellow, left-turn arrow, circular green, vertical arrow and | |
121 | - | right-turn arrow, as needed. | |
122 | - | (e) When lane-direction-control signals are placed over the individual | |
123 | - | lanes of a street or highway, vehicular traffic may travel in any lane over | |
124 | - | which a green arrow signal is shown, but shall not enter or travel in any | |
125 | - | lane over which a red X signal is shown. | |
126 | - | (f) If a traffic control signal, approved by the Office of the State Traffic | |
127 | - | Administration, is erected and maintained at a place other than an | |
128 | - | intersection, the provisions of this section shall be applicable except as | |
129 | - | to those provisions which by their nature can have no application. Any | |
130 | - | stop required shall be made at a sign or marking on the pavement | |
131 | - | indicating where the stop shall be made, but in the absence of any sign | |
132 | - | or marking, the stop shall be made at the signal. Substitute Senate Bill No. 904 | |
83 | + | or symbols. Such lights or arrows shall apply to drivers of vehicles and 51 | |
84 | + | pedestrians and shall indicate the following: 52 | |
85 | + | (1) Circular green alone: Vehicular traffic facing a green signal may 53 | |
86 | + | proceed straight through or turn right or left unless a sign or marking 54 | |
87 | + | at such place prohibits either such turn or straight through movement, 55 | |
88 | + | except that such traffic shall yield the right-of-way to pedestrians and 56 | |
89 | + | vehicles [lawfully] within a crosswalk or the intersection at the time 57 | |
90 | + | such signal was exhibited; pedestrians facing the green signal, except 58 | |
91 | + | when directed by separate pedestrian-control signals, may proceed 59 | |
92 | + | across the highway within any marked or unmarked crosswalk. 60 | |
93 | + | (2) Yellow: Vehicular traffic facing a steady yellow signal is thereby 61 | |
94 | + | warned that the related green movement is being terminated or that a 62 | |
95 | + | red indication will be exhibited immediately thereafter, when 63 | |
96 | + | vehicular traffic shall stop before entering the intersection unless so 64 | |
97 | + | close to the intersection that a stop cannot be made in safety; 65 | |
98 | + | pedestrians facing a steady yellow signal, except when directed by 66 | |
99 | + | separate pedestrian-control signals, are thereby advised that there is 67 | |
100 | + | insufficient time to cross the roadway before a red indication is shown 68 | |
101 | + | and no pedestrian shall then start to cross the roadway. 69 | |
102 | + | (3) Red alone: Vehicular traffic facing a steady red signal alone shall 70 | |
103 | + | stop before entering the crosswalk on the near side of the intersection 71 | |
104 | + | or, if none, then before entering the intersection and remain standing 72 | |
105 | + | until the next indication is shown; provided, on or after July 1, 1979, 73 | |
106 | + | vehicular traffic traveling in the travel lane nearest the right hand curb 74 | |
107 | + | or other defined edge of the roadway, unless a sign approved by the 75 | |
108 | + | Office of the State Traffic Administration has been erected in the 76 | |
109 | + | appropriate place prohibiting this movement, may cautiously enter the 77 | |
110 | + | intersection to make a right turn onto a two-way street or onto another 78 | |
111 | + | one-way street on which all the traffic is moving to such vehicle's right 79 | |
112 | + | after such vehicle has stopped as required in this subdivision and 80 | |
113 | + | yielded the right-of-way to pedestrians [lawfully] within an adjacent 81 | |
114 | + | crosswalk and to other traffic lawfully using the intersection. 82 | |
115 | + | Pedestrians facing a steady red signal alone, except when directed by 83 Substitute Bill No. 904 | |
133 | 116 | ||
134 | - | Public Act No. 23-135 5 of 62 | |
135 | 117 | ||
136 | - | Sec. 2. Subsections (a) and (b) of section 14-300 of the general statutes | |
137 | - | are repealed and the following is substituted in lieu thereof (Effective July | |
138 | - | 1, 2023): | |
139 | - | (a) The traffic authority [shall have power to] may designate, by | |
140 | - | appropriate official traffic control devices, as defined in section 14-297, | |
141 | - | or markers, or by lines upon the surface of the highway, such crosswalks | |
142 | - | and intersections as, in its opinion, constitute a danger to pedestrians | |
143 | - | crossing the highway including, but not limited to, specially marked | |
144 | - | crosswalks in the vicinity of schools, which crosswalks shall have | |
145 | - | distinctive markings, in accordance with the regulations of the Office of | |
146 | - | the State Traffic Administration, to denote use of such crosswalks by | |
147 | - | school children; and may maintain suitable signs located at intervals | |
148 | - | along highways, particularly where there are no sidewalks, directing | |
149 | - | pedestrians to walk facing vehicular traffic. | |
150 | - | (b) At any intersection where special pedestrian-control signals | |
151 | - | bearing the words "Walk" or "Don't Walk" or the image of a walking | |
152 | - | person symbolizing "Walk" or an upraised hand symbolizing "Don't | |
153 | - | Walk" are placed, pedestrians may cross the highway only as indicated | |
154 | - | by the signal. At any intersection where traffic is controlled by other | |
155 | - | traffic control signals or by police officers, pedestrians shall not cross the | |
156 | - | highway against a red or "Stop" signal and shall not cross at any place | |
157 | - | not a marked or unmarked crosswalk. A pedestrian started or starting | |
158 | - | across the highway [on a "Walk" signal] or on any such crosswalk [on a | |
159 | - | green or "Go" signal] shall have the right-of-way over all vehicles, | |
160 | - | including those making turns, until such pedestrian has reached the | |
161 | - | opposite curb or safety zone. | |
162 | - | Sec. 3. Section 14-311 of the general statutes is repealed and the | |
163 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
164 | - | (a) No person, firm, corporation, state agency [,] or municipal agency, | |
165 | - | or any combination thereof, shall build, expand, establish or operate any Substitute Senate Bill No. 904 | |
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167 | - | Public Act No. 23-135 6 of 62 | |
122 | + | separate pedestrian-control signals, shall not enter the roadway. 84 | |
123 | + | (4) Green arrow: Vehicular traffic facing a green arrow signal, 85 | |
124 | + | shown alone or in combination with another indication, may 86 | |
125 | + | cautiously enter the intersection only to make the movement indicated 87 | |
126 | + | by such arrow, or such other movement as is permitted by other 88 | |
127 | + | indications shown at the same time, but such vehicular traffic shall 89 | |
128 | + | yield the right-of-way to pedestrians [lawfully] within a crosswalk and 90 | |
129 | + | to other traffic lawfully within the intersection. 91 | |
130 | + | (5) Whenever special pedestrian-control signals exhibiting the 92 | |
131 | + | words "Walk" or "Don't Walk" or the image of a walking person 93 | |
132 | + | symbolizing "Walk" or an upraised hand symbolizing "Don't Walk" are 94 | |
133 | + | in place, such signals shall indicate as follows: "Walk" or walking 95 | |
134 | + | person symbol: Pedestrians facing such signals may proceed across the 96 | |
135 | + | roadway in the direction of the signal and shall be given the right-of-97 | |
136 | + | way by the drivers of all vehicles; "Don't Walk" or upraised hand 98 | |
137 | + | symbol: No pedestrian shall start to cross the roadway in the direction 99 | |
138 | + | of such signal, but any pedestrian who has partially completed [his] 100 | |
139 | + | crossing on the walk signal shall proceed to a sidewalk or safety island 101 | |
140 | + | while the flashing "Don't Walk" or flashing upraised hand symbol 102 | |
141 | + | signal is showing. 103 | |
142 | + | (c) When an illuminated flashing red or yellow signal is used in a 104 | |
143 | + | traffic sign or signal, it shall require obedience by vehicular traffic as 105 | |
144 | + | follows: 106 | |
145 | + | (1) Flashing red: When a red lens is illuminated by rapid 107 | |
146 | + | intermittent flashes, drivers of vehicles shall stop before entering the 108 | |
147 | + | nearest crosswalk at an intersection, or at a limit line when marked or, 109 | |
148 | + | if none, then before entering the intersection, and the right to proceed 110 | |
149 | + | shall be subject to the rules applicable after making a stop at a stop 111 | |
150 | + | sign. 112 | |
151 | + | (2) When a yellow lens is illuminated with rapid intermittent 113 | |
152 | + | flashes, drivers of vehicles facing such signal may proceed through the 114 Substitute Bill No. 904 | |
168 | 153 | ||
169 | - | open air theater, shopping center or other development generating large | |
170 | - | volumes of traffic that substantially affect state highway traffic within | |
171 | - | this state, as determined by the Office of the State Traffic | |
172 | - | Administration, until such person, firm, corporation [,] or agency has | |
173 | - | procured from said office a certificate that the operation thereof will not | |
174 | - | imperil the safety of the public, except that any development, including | |
175 | - | any development to be built in phases, without regard to when such | |
176 | - | phases are approved by the municipal planning and zoning agency or | |
177 | - | other responsible municipal agency, that contains a total of one hundred | |
178 | - | or fewer residential units shall not be required to obtain such certificate | |
179 | - | if such development is a residential-only development and is not part of | |
180 | - | a mixed-use development that contains office, retail or other such | |
181 | - | nonresidential uses, provided if any future development increases the | |
182 | - | total number of residential units to more than one hundred, and such | |
183 | - | total substantially affects state highway traffic within the state as | |
184 | - | determined by the Office of the State Traffic Administration, a certificate | |
185 | - | shall be procured from said office. | |
186 | - | (b) Except as otherwise provided in this subsection or permitted by | |
187 | - | the Office of the State Traffic Administration, no local building official | |
188 | - | shall issue a building or foundation permit to any person, firm, | |
189 | - | corporation, state agency or municipal agency to build, expand, | |
190 | - | establish or operate such a development until the person, firm, | |
191 | - | corporation or agency provides to such official a copy of the certificate | |
192 | - | issued under this section by the office. No local building official shall | |
193 | - | issue a certificate of occupancy to any such person, firm, corporation or | |
194 | - | agency for such development until the conditions of the certificate | |
195 | - | issued by the office under this section have been satisfied. If the office | |
196 | - | determines that any person, firm, corporation [,] or [state or municipal] | |
197 | - | agency has (1) started building, expanding, establishing or operating | |
198 | - | such a development without first obtaining a certificate from said office, | |
199 | - | or (2) has failed to comply with the conditions of such a certificate, it | |
200 | - | shall order the person, firm, corporation or agency to (A) cease Substitute Senate Bill No. 904 | |
201 | 154 | ||
202 | - | Public Act No. 23-135 7 of 62 | |
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159 | + | intersection or past such signal only with caution. 115 | |
160 | + | (d) Lenses of the following colors only shall be used and shall be 116 | |
161 | + | arranged vertically in the signal face or, when necessary, horizontally, 117 | |
162 | + | and shall conform to the following positions: When arranged 118 | |
163 | + | vertically, red shall be located at the top, yellow shall be located 119 | |
164 | + | directly below red and the remaining indications below the yellow in 120 | |
165 | + | the following order: Flashing yellow, circular green, vertical arrow, 121 | |
166 | + | left-turn arrow and right-turn arrow, as needed; when arranged 122 | |
167 | + | horizontally, red shall be located at the left, yellow shall be located 123 | |
168 | + | directly to the right of red and the remaining indications to the right of 124 | |
169 | + | yellow in the following order: Flashing yellow, left-turn arrow, circular 125 | |
170 | + | green, vertical arrow and right-turn arrow, as needed. 126 | |
171 | + | (e) When lane-direction-control signals are placed over the 127 | |
172 | + | individual lanes of a street or highway, vehicular traffic may travel in 128 | |
173 | + | any lane over which a green arrow signal is shown, but shall not enter 129 | |
174 | + | or travel in any lane over which a red X signal is shown. 130 | |
175 | + | (f) If a traffic control signal, approved by the Office of the State 131 | |
176 | + | Traffic Administration, is erected and maintained at a place other than 132 | |
177 | + | an intersection, the provisions of this section shall be applicable except 133 | |
178 | + | as to those provisions which by their nature can have no application. 134 | |
179 | + | Any stop required shall be made at a sign or marking on the pavement 135 | |
180 | + | indicating where the stop shall be made, but in the absence of any sign 136 | |
181 | + | or marking, the stop shall be made at the signal. 137 | |
182 | + | Sec. 3. Subsections (a) and (b) of section 14-300 of the general 138 | |
183 | + | statutes are repealed and the following is substituted in lieu thereof 139 | |
184 | + | (Effective October 1, 2023): 140 | |
185 | + | (a) The traffic authority [shall have power to] may designate, by 141 | |
186 | + | appropriate official traffic control devices, as defined in section 14-297, 142 | |
187 | + | or markers, or by lines upon the surface of the highway, such 143 | |
188 | + | crosswalks and intersections as, in its opinion, constitute a danger to 144 | |
189 | + | pedestrians crossing the highway including, but not limited to, 145 Substitute Bill No. 904 | |
235 | 190 | ||
236 | - | Public Act No. 23-135 8 of 62 | |
237 | 191 | ||
238 | - | the applicant's proposed development or activity. If the office | |
239 | - | determines that such improvements, including traffic signals, pavement | |
240 | - | markings, channelization, pavement widening or other changes or | |
241 | - | traffic control devices, are required to handle traffic safely and | |
242 | - | efficiently, one hundred per cent of the cost thereof shall be borne by the | |
243 | - | person, firm, corporation or agency building, establishing or operating | |
244 | - | such open air theater, shopping center or other development generating | |
245 | - | large volumes of traffic, except that such cost shall not be borne by any | |
246 | - | municipal agency. The Commissioner of Transportation may issue a | |
247 | - | permit to [said] such person, firm, corporation or agency to construct or | |
248 | - | install the changes required by the office. | |
249 | - | (e) Any person, firm, corporation or agency building, establishing or | |
250 | - | operating such open air theater, shopping center or other development | |
251 | - | generating large volumes of traffic aggrieved by any decision of the | |
252 | - | Office of the State Traffic Administration [hereunder] under this section | |
253 | - | may appeal therefrom in accordance with the provisions of section 4- | |
254 | - | 183, except venue for such appeal shall be in the judicial district in which | |
255 | - | it is proposed to operate such establishment. The provisions of this | |
256 | - | section, except insofar as such provisions relate to expansion, shall not | |
257 | - | apply to any open air theater, shopping center or other development | |
258 | - | generating large volumes of traffic in operation on July 1, 1967. | |
259 | - | (f) Before submitting an application for any development generating | |
260 | - | large volumes of traffic pursuant to subsection (a) of this section to the | |
261 | - | Office of the State Traffic Administration, the [individual or entity] | |
262 | - | person, firm, corporation or agency submitting such application shall | |
263 | - | attend a mandatory meeting with the Office of the State Traffic | |
264 | - | Administration and other staff from the Department of Transportation. | |
265 | - | At such meeting, such [individual or entity] person, firm, corporation or | |
266 | - | agency shall present the applicant's proposed development [to such | |
267 | - | department staff] and receive feedback, including, but not limited to, | |
268 | - | information as to what [needs] materials need to be submitted for an Substitute Senate Bill No. 904 | |
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196 | + | specially marked crosswalks in the vicinity of schools, which 146 | |
197 | + | crosswalks shall have distinctive markings, in accordance with the 147 | |
198 | + | regulations of the Office of the State Traffic Administration, to denote 148 | |
199 | + | use of such crosswalks by school children; and may maintain suitable 149 | |
200 | + | signs located at intervals along highways, particularly where there are 150 | |
201 | + | no sidewalks, directing pedestrians to walk facing vehicular traffic. 151 | |
202 | + | (b) At any intersection where special pedestrian-control signals 152 | |
203 | + | bearing the words "Walk" or "Don't Walk" or the image of a walking 153 | |
204 | + | person symbolizing "Walk" or an upraised hand symbolizing "Don't 154 | |
205 | + | Walk" are placed, pedestrians may cross the highway only as indicated 155 | |
206 | + | by the signal. At any intersection where traffic is controlled by other 156 | |
207 | + | traffic control signals or by police officers, pedestrians shall not cross 157 | |
208 | + | the highway against a red or "Stop" signal and shall not cross at any 158 | |
209 | + | place not a marked or unmarked crosswalk. A pedestrian started or 159 | |
210 | + | starting across the highway [on a "Walk" signal] or on any such 160 | |
211 | + | crosswalk [on a green or "Go" signal] shall have the right-of-way over 161 | |
212 | + | all vehicles, including those making turns, until such pedestrian has 162 | |
213 | + | reached the opposite curb or safety zone. 163 | |
214 | + | Sec. 4. Section 14-311 of the general statutes is repealed and the 164 | |
215 | + | following is substituted in lieu thereof (Effective October 1, 2023): 165 | |
216 | + | (a) No person, firm, corporation, state agency [,] or municipal 166 | |
217 | + | agency, or any combination thereof, shall build, expand, establish or 167 | |
218 | + | operate any open air theater, shopping center or other development 168 | |
219 | + | generating large volumes of traffic that substantially affect state 169 | |
220 | + | highway traffic within this state, as determined by the Office of the 170 | |
221 | + | State Traffic Administration, until such person, firm, corporation [,] or 171 | |
222 | + | agency has procured from said office a certificate that the operation 172 | |
223 | + | thereof will not imperil the safety of the public, except that any 173 | |
224 | + | development, including any development to be built in phases, 174 | |
225 | + | without regard to when such phases are approved by the municipal 175 | |
226 | + | planning and zoning agency or other responsible municipal agency, 176 | |
227 | + | that contains a total of one hundred or fewer residential units shall not 177 | |
228 | + | be required to obtain such certificate if such development is a 178 Substitute Bill No. 904 | |
271 | 229 | ||
272 | - | application to be considered complete. | |
273 | - | Sec. 4. Section 14-311c of the general statutes is repealed and the | |
274 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
275 | - | (a) No [group of persons, firms, corporations, state agencies or | |
276 | - | municipal agencies] person, firm, corporation, state agency or | |
277 | - | municipal agency, or any combination thereof, shall build, expand, | |
278 | - | establish or operate any open air theater, shopping center or other | |
279 | - | development generating large volumes of traffic on any group of | |
280 | - | individual parcels of land which are separately owned but are utilized | |
281 | - | together for a single development purpose, whether or not such parcels | |
282 | - | are separated by any state, local or private roadway that substantially | |
283 | - | affect state highway traffic within this state, as determined by the Office | |
284 | - | of the State Traffic Administration, until such [group] person, firm, | |
285 | - | corporation or agency has procured from the Office of the State Traffic | |
286 | - | Administration a certificate that the operation thereof will not imperil | |
287 | - | the safety of the public, except that any development, including any | |
288 | - | development to be built in phases without regard to when such phases | |
289 | - | are approved by the municipal planning and zoning agency or other | |
290 | - | responsible municipal agency, that contains a total of one hundred or | |
291 | - | fewer residential units shall not be required to obtain such a certificate | |
292 | - | if such development is a residential-only development and not part of a | |
293 | - | mixed-use development containing office, retail or other such | |
294 | - | nonresidential uses, provided if any future development increases the | |
295 | - | total number of residential units to more than one hundred, and this | |
296 | - | total substantially affects state highway traffic within the state as | |
297 | - | determined by the Office of the State Traffic Administration, a certificate | |
298 | - | shall be procured from said office. | |
299 | - | (b) Except as otherwise provided in this subsection or permitted by | |
300 | - | the Office of the State Traffic Administration, no local building official | |
301 | - | shall issue a building or foundation permit to any such [group or | |
302 | - | member thereof] person, firm, corporation or agency to build, expand, Substitute Senate Bill No. 904 | |
303 | 230 | ||
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306 | - | establish or operate such a development until the [group or member] | |
307 | - | person, firm, corporation or agency provides to such official a copy of | |
308 | - | the certificate issued under this section by the Office of the State Traffic | |
309 | - | Administration. No local building official shall issue a certificate of | |
310 | - | occupancy to any such person, firm, corporation or agency for such | |
311 | - | development until the conditions of the certificate issued by the office | |
312 | - | under this section have been satisfied. If the Office of the State Traffic | |
313 | - | Administration determines that any [group or member] person, firm, | |
314 | - | corporation or agency has (1) started building, expanding, establishing | |
315 | - | or operating such a development without first obtaining a certificate | |
316 | - | from said office, or (2) has failed to comply with the conditions of such | |
317 | - | a certificate, it shall order the [group or member] person, firm, | |
318 | - | corporation or agency to (A) cease constructing, expanding, establishing | |
319 | - | or operating the development, or (B) to comply with the conditions of | |
320 | - | the certificate within a reasonable period of time. If such [group or | |
321 | - | member] person, firm, corporation or agency fails to (i) cease such work, | |
322 | - | or (ii) comply with such order within such time as specified by the Office | |
323 | - | of the State Traffic Administration, said office or the traffic authority of | |
324 | - | the municipality wherein the development is located may [make an | |
325 | - | application] apply to the superior court for the judicial district of | |
326 | - | Hartford or the judicial district where the development is located | |
327 | - | enjoining the construction, expansion, establishment or the operation of | |
328 | - | such development. Notwithstanding the provisions of this subsection, | |
329 | - | for single family home building lots within a subdivision of land, for | |
330 | - | which a certificate is required and which do not have a direct exit or | |
331 | - | entrance on, or directly abut or adjoin any state highway, no local | |
332 | - | building official shall issue a certificate of occupancy to any such [group | |
333 | - | or member thereof or] person, firm, corporation or agency to occupy | |
334 | - | homes on such lots until such [group, member or] person, firm, | |
335 | - | corporation or agency provides to such official a copy of the certificate | |
336 | - | issued under this section by said office and such official confirms that | |
337 | - | the certificate conditions have been satisfied. Substitute Senate Bill No. 904 | |
235 | + | residential-only development and is not part of a mixed -use 179 | |
236 | + | development that contains office, retail or other such nonresidential 180 | |
237 | + | uses, provided if any future development increases the total number of 181 | |
238 | + | residential units to more than one hundred, and such total 182 | |
239 | + | substantially affects state highway traffic within the state as 183 | |
240 | + | determined by the Office of the State Traffic Administration, a 184 | |
241 | + | certificate shall be procured from said office. 185 | |
242 | + | (b) Except as otherwise provided in this subsection or permitted by 186 | |
243 | + | the Office of the State Traffic Administration, no local building official 187 | |
244 | + | shall issue a building or foundation permit to any person, firm, 188 | |
245 | + | corporation, state agency or municipal agency to build, expand, 189 | |
246 | + | establish or operate such a development until the person, firm, 190 | |
247 | + | corporation or agency provides to such official a copy of the certificate 191 | |
248 | + | issued under this section by the office. No local building official shall 192 | |
249 | + | issue a certificate of occupancy to any such person, firm, corporation or 193 | |
250 | + | agency for such development until the conditions of the certificate 194 | |
251 | + | issued by the office under this section have been satisfied. If the office 195 | |
252 | + | determines that any person, firm, corporation [,] or [state or municipal] 196 | |
253 | + | agency has (1) started building, expanding, establishing or operating 197 | |
254 | + | such a development without first obtaining a certificate from said 198 | |
255 | + | office, or (2) has failed to comply with the conditions of such a 199 | |
256 | + | certificate, it shall order the person, firm, corporation or agency to (A) 200 | |
257 | + | cease constructing, expanding, establishing or operating the 201 | |
258 | + | development, or (B) comply with the conditions of the certificate 202 | |
259 | + | within a reasonable period of time. If such person, firm, corporation or 203 | |
260 | + | agency fails to (i) cease such work, or (ii) comply with an order of the 204 | |
261 | + | office within such time as specified by the office, the office may [make 205 | |
262 | + | an application] apply to the superior court for the judicial district of 206 | |
263 | + | Hartford or the judicial district where the development is located 207 | |
264 | + | enjoining the construction, expansion, establishment or operation of 208 | |
265 | + | such development. Notwithstanding the provisions of this subsection, 209 | |
266 | + | for single family home building lots within a subdivision of land, for 210 | |
267 | + | which a certificate is required and which do not have a direct exit or 211 | |
268 | + | entrance on, or directly abut or adjoin any state highway, no local 212 Substitute Bill No. 904 | |
338 | 269 | ||
339 | - | Public Act No. 23-135 11 of 62 | |
340 | 270 | ||
341 | - | (c) The Office of the State Traffic Administration, to the extent | |
342 | - | practicable, shall begin its review of an application prior to final | |
343 | - | approval of the proposed activity by the municipal planning and zoning | |
344 | - | agency or other responsible municipal agency. | |
345 | - | (d) In determining the advisability of such certification, the Office of | |
346 | - | the State Traffic Administration shall include, in its consideration, | |
347 | - | highway safety, the width and character of the highways affected, the | |
348 | - | density of traffic thereon, the character of such traffic and the opinion | |
349 | - | and findings of the traffic authority of the municipality wherein the | |
350 | - | development is located. The Office of the State Traffic Administration | |
351 | - | may require improvements to be made by the applicant to the extent | |
352 | - | that such improvements address impacts to state highway safety | |
353 | - | created by the addition of the applicant's proposed development or | |
354 | - | activity. If the Office of the State Traffic Administration determines that | |
355 | - | such improvements, including traffic signals, pavement markings, | |
356 | - | channelization, pavement widening or other changes or traffic control | |
357 | - | devices, are required to handle traffic safely and efficiently, one | |
358 | - | hundred per cent of the cost thereof shall be borne by the [group] | |
359 | - | person, firm, corporation or agency building, establishing or operating | |
360 | - | such open air theater, shopping center or other development generating | |
361 | - | large volumes of traffic, except that such cost shall not be borne by any | |
362 | - | municipal agency. The Commissioner of Transportation may issue a | |
363 | - | permit to [said group] such person, firm, corporation or agency to | |
364 | - | construct or install the changes required by the Office of the State Traffic | |
365 | - | Administration, in consultation with the local traffic authority. | |
366 | - | (e) Any [group] person, firm, corporation or agency building, | |
367 | - | establishing or operating such open air theater, shopping center or other | |
368 | - | development generating large volumes of traffic aggrieved by any | |
369 | - | decision of the Office of the State Traffic Administration [hereunder] | |
370 | - | under this section may appeal therefrom in accordance with the | |
371 | - | provisions of section 4-183, except venue for such appeal shall be in the Substitute Senate Bill No. 904 | |
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275 | + | building official shall issue a certificate of occupancy to any person, 213 | |
276 | + | firm, corporation, state agency or municipal agency to occupy homes 214 | |
277 | + | on such lots until the person, firm, corporation or agency provides to 215 | |
278 | + | such official a copy of the certificate issued under this section by the 216 | |
279 | + | office and such official confirms that the certificate conditions have 217 | |
280 | + | been satisfied. 218 | |
281 | + | (c) The Office of the State Traffic Administration, to the extent 219 | |
282 | + | practicable, shall begin its review of an application prior to final 220 | |
283 | + | approval of the proposed activity by the municipal planning and 221 | |
284 | + | zoning agency or other responsible municipal agency. 222 | |
285 | + | (d) In determining the advisability of such certification, the Office of 223 | |
286 | + | the State Traffic Administration shall include, in its consideration, 224 | |
287 | + | highway safety, bicycle and pedestrian access and safety, the width 225 | |
288 | + | and character of the highways affected, the density of traffic thereon, 226 | |
289 | + | the character of such traffic and the opinion and findings of the traffic 227 | |
290 | + | authority of the municipality wherein the development is located. The 228 | |
291 | + | office may require improvements to be made by the applicant to the 229 | |
292 | + | extent that such improvements address impacts to state highway 230 | |
293 | + | safety or bicycle and pedestrian access and safety created by the 231 | |
294 | + | addition of the applicant's proposed development or activity. If the 232 | |
295 | + | office determines that such improvements, including traffic signals, 233 | |
296 | + | pavement markings, channelization, pavement widening or other 234 | |
297 | + | changes or traffic control devices, are required to handle traffic safely 235 | |
298 | + | and efficiently, one hundred per cent of the cost thereof shall be borne 236 | |
299 | + | by the person, firm, corporation or agency building, establishing or 237 | |
300 | + | operating such open air theater, shopping center or other development 238 | |
301 | + | generating large volumes of traffic, except that such cost shall not be 239 | |
302 | + | borne by any municipal agency. The Commissioner of Transportation 240 | |
303 | + | may issue a permit to [said] such person, firm, corporation or agency 241 | |
304 | + | to construct or install the changes required by the office. 242 | |
305 | + | (e) Any person, firm, corporation or agency building, establishing or 243 | |
306 | + | operating such open air theater, shopping center or other development 244 | |
307 | + | generating large volumes of traffic aggrieved by any decision of the 245 Substitute Bill No. 904 | |
374 | 308 | ||
375 | - | judicial district in which it is proposed to operate such establishment. | |
376 | - | The provisions of this section except insofar as such provisions relate to | |
377 | - | expansion shall not apply to any open air theater, shopping center or | |
378 | - | other development generating large volumes of traffic which has | |
379 | - | received all necessary permits, variances, exceptions and approvals | |
380 | - | from the municipal zoning commission, planning commission, | |
381 | - | combined planning and zoning commission and zoning board of | |
382 | - | appeals in which such development is located prior to or on July 1, 1985, | |
383 | - | or to any such development which is in operation on that date. | |
384 | - | (f) Before submitting an application for any development generating | |
385 | - | large volumes of traffic pursuant to subsection (a) of this section to the | |
386 | - | Office of the State Traffic Administration, the person, firm, corporation | |
387 | - | or agency submitting such application shall attend a mandatory | |
388 | - | meeting with the Office of the State Traffic Administration and other | |
389 | - | staff from the Department of Transportation. At such meeting, such | |
390 | - | person, firm, corporation or agency shall present the applicant's | |
391 | - | proposed development and receive feedback, including, but not limited | |
392 | - | to, information as to what materials need to be submitted for an | |
393 | - | application to be considered complete. | |
394 | - | Sec. 5. (NEW) (Effective from passage) (a) The Connecticut Training and | |
395 | - | Technical Assistance Center at The University of Connecticut shall | |
396 | - | conduct training sessions for traffic authorities, at least three times a | |
397 | - | year, concerning the powers and responsibilities of traffic authorities, | |
398 | - | the installation of official traffic control devices and an overview of the | |
399 | - | applicable provisions of the general statutes and any regulations | |
400 | - | adopted by the Office of the State Traffic Administration. | |
401 | - | (b) On or before January 1, 2024, and annually thereafter, each traffic | |
402 | - | authority, or such authority's appointed representative, shall complete | |
403 | - | one training offered pursuant to subsection (a) of this section. The | |
404 | - | Connecticut Training and Technical Assistance Center shall maintain | |
405 | - | records indicating when a traffic authority, or such authority's Substitute Senate Bill No. 904 | |
406 | 309 | ||
407 | - | Public Act No. 23-135 13 of 62 | |
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409 | - | representative, completed such training. | |
410 | - | Sec. 6. Subsection (b) of section 14-218a of the general statutes is | |
411 | - | repealed and the following is substituted in lieu thereof (Effective October | |
412 | - | 1, 2023): | |
413 | - | (b) (1) Except as provided in subdivision (2) of this subsection, the | |
414 | - | Office of the State Traffic Administration shall establish a speed limit | |
415 | - | [of] not to exceed sixty-five miles per hour on [any] each multiple lane, | |
416 | - | limited access [highways] highway. The office shall establish speed | |
417 | - | limits that are suitable for [a speed limit of sixty-five miles per hour] | |
418 | - | each such highway, taking into consideration relevant factors including | |
419 | - | design, population of area and traffic flow. | |
420 | - | (2) The Commissioner of Transportation may establish the speed | |
421 | - | limit on limited access highways during a weather event or an | |
422 | - | emergency, provided the commissioner erects electronic signs | |
423 | - | indicating such speed limit. | |
424 | - | Sec. 7. Section 13b-212b of the general statutes is repealed and the | |
425 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
426 | - | (a) There is established a Connecticut [Commuter Rail] Public | |
427 | - | Transportation Council which shall consist of fifteen members, | |
428 | - | [appointed with the advice and consent of the General Assembly,] all of | |
429 | - | whom shall be (1) [commuters] residents who regularly use the | |
430 | - | transportation services of the New Haven commuter railroad line which | |
431 | - | includes the New Canaan, Danbury and Waterbury branches of such | |
432 | - | line, (2) [commuters] residents who regularly use the transportation | |
433 | - | services of the [Shoreline] Shore Line East railroad line, [or] (3) residents | |
434 | - | [of a municipality in which the Commissioner of Transportation has | |
435 | - | proposed a new rail line or in which a rail line has commenced operation | |
436 | - | after July 1, 2013] who regularly use the transportation services of the | |
437 | - | Hartford railroad line, or (4) residents who regularly use public transit Substitute Senate Bill No. 904 | |
314 | + | Office of the State Traffic Administration [hereunder] under this 246 | |
315 | + | section may appeal therefrom in accordance with the provisions of 247 | |
316 | + | section 4-183, except venue for such appeal shall be in the judicial 248 | |
317 | + | district in which it is proposed to operate such establishment. The 249 | |
318 | + | provisions of this section, except insofar as such provisions relate to 250 | |
319 | + | expansion, shall not apply to any open air theater, shopping center or 251 | |
320 | + | other development generating large volumes of traffic in operation on 252 | |
321 | + | July 1, 1967. 253 | |
322 | + | (f) Before submitting an application for any development generating 254 | |
323 | + | large volumes of traffic pursuant to subsection (a) of this section to the 255 | |
324 | + | Office of the State Traffic Administration, the [individual or entity] 256 | |
325 | + | person, firm, corporation or agency submitting such application shall 257 | |
326 | + | attend a mandatory meeting with the Office of the State Traffic 258 | |
327 | + | Administration and other staff from the Department of Transportation. 259 | |
328 | + | At such meeting, such [individual or entity] person, firm, corporation 260 | |
329 | + | or agency shall present the applicant's proposed development [to such 261 | |
330 | + | department staff] and receive feedback, including, but not limited to, 262 | |
331 | + | information as to what [needs] materials need to be submitted for an 263 | |
332 | + | application to be considered complete. 264 | |
333 | + | Sec. 5. Section 14-311c of the general statutes is repealed and the 265 | |
334 | + | following is substituted in lieu thereof (Effective October 1, 2023): 266 | |
335 | + | (a) No [group of persons, firms, corporations, state agencies or 267 | |
336 | + | municipal agencies] person, firm, corporation, state agency or 268 | |
337 | + | municipal agency, or any combination thereof, shall build, expand, 269 | |
338 | + | establish or operate any open air theater, shopping center or other 270 | |
339 | + | development generating large volumes of traffic on any group of 271 | |
340 | + | individual parcels of land which are separately owned but are utilized 272 | |
341 | + | together for a single development purpose, whether or not such 273 | |
342 | + | parcels are separated by any state, local or private roadway that 274 | |
343 | + | substantially affect state highway traffic within this state, as 275 | |
344 | + | determined by the Office of the State Traffic Administration, until such 276 | |
345 | + | [group] person, firm, corporation or agency has procured from the 277 | |
346 | + | Office of the State Traffic Administration a certificate that the 278 Substitute Bill No. 904 | |
438 | 347 | ||
439 | - | Public Act No. 23-135 14 of 62 | |
440 | 348 | ||
441 | - | services funded by the state. Members shall be appointed as follows: (A) | |
442 | - | The Governor shall appoint four members; [, one of whom shall be the | |
443 | - | chief elected official of a municipality located on an operating or | |
444 | - | proposed new rail line;] (B) the president pro tempore of the Senate shall | |
445 | - | appoint [three] two members, one of whom regularly uses public transit | |
446 | - | services funded by the state and one of whom regularly uses the | |
447 | - | transportation services of the New Haven railroad line; (C) the speaker | |
448 | - | of the House of Representatives shall appoint [three] two members, one | |
449 | - | of whom regularly uses public transit services funded by the state and | |
450 | - | one of whom regularly uses the transportation services of the Hartford | |
451 | - | railroad line; (D) the majority leader of the Senate shall appoint one | |
452 | - | member; (E) the majority leader of the House of Representatives shall | |
453 | - | appoint one member; (F) the minority leader of the Senate shall appoint | |
454 | - | one member; [(E)] (G) the minority leader of the House of | |
455 | - | Representatives shall appoint one member; [(F)] (H) the chairpersons of | |
456 | - | the joint standing committee of the General Assembly having | |
457 | - | cognizance of matters relating to transportation shall each appoint one | |
458 | - | member, one of whom [shall be from a municipality in which the | |
459 | - | Commissioner of Transportation has proposed a new rail line or in | |
460 | - | which a rail line has commenced operation after July 1, 2013, and one of | |
461 | - | whom shall be from a municipality in which a station for the Shoreline | |
462 | - | East railroad line is located] regularly uses public transit services funded | |
463 | - | by the state and one of whom regularly uses the transportation services | |
464 | - | of the Shore Line East railroad line; and [(G)] (I) the ranking members | |
465 | - | of said committee shall jointly appoint one member who [shall be from | |
466 | - | a municipality served by the Danbury or Waterbury branches of the | |
467 | - | New Haven commuter railroad line] regularly uses public transit | |
468 | - | services funded by the state. Each member shall serve for a term of four | |
469 | - | years. All initial appointments to the council shall be made by August | |
470 | - | 1, [2013] 2023, and initial members shall serve a four-year term | |
471 | - | commencing on August 1, [2013] 2023, except that any member | |
472 | - | appointed prior to July 1, 2023, to serve on the former Connecticut | |
473 | - | Commuter Rail Council and serving on June 30, 2023, shall be deemed Substitute Senate Bill No. 904 | |
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475 | - | Public Act No. 23-135 15 of 62 | |
353 | + | operation thereof will not imperil the safety of the public, except that 279 | |
354 | + | any development, including any development to be built in phases 280 | |
355 | + | without regard to when such phases are approved by the municipal 281 | |
356 | + | planning and zoning agency or other responsible municipal agency, 282 | |
357 | + | that contains a total of one hundred or fewer residential units shall not 283 | |
358 | + | be required to obtain such a certificate if such development is a 284 | |
359 | + | residential-only development and not part of a mixed -use 285 | |
360 | + | development containing office, retail or other such nonresidential uses, 286 | |
361 | + | provided if any future development increases the total number of 287 | |
362 | + | residential units to more than one hundred, and this total substantially 288 | |
363 | + | affects state highway traffic within the state as determined by the 289 | |
364 | + | Office of the State Traffic Administration, a certificate shall be 290 | |
365 | + | procured from said office. 291 | |
366 | + | (b) Except as otherwise provided in this subsection or permitted by 292 | |
367 | + | the Office of the State Traffic Administration, no local building official 293 | |
368 | + | shall issue a building or foundation permit to any such [group or 294 | |
369 | + | member thereof] person, firm, corporation or agency to build, expand, 295 | |
370 | + | establish or operate such a development until the [group or member] 296 | |
371 | + | person, firm, corporation or agency provides to such official a copy of 297 | |
372 | + | the certificate issued under this section by the Office of the State Traffic 298 | |
373 | + | Administration. No local building official shall issue a certificate of 299 | |
374 | + | occupancy to any such person, firm, corporation or agency for such 300 | |
375 | + | development until the conditions of the certificate issued by the office 301 | |
376 | + | under this section have been satisfied. If the Office of the State Traffic 302 | |
377 | + | Administration determines that any [group or member] person, firm, 303 | |
378 | + | corporation or agency has (1) started building, expanding, establishing 304 | |
379 | + | or operating such a development without first obtaining a certificate 305 | |
380 | + | from said office, or (2) has failed to comply with the conditions of such 306 | |
381 | + | a certificate, it shall order the [group or member] person, firm, 307 | |
382 | + | corporation or agency to (A) cease constructing, expanding, 308 | |
383 | + | establishing or operating the development, or (B) to comply with the 309 | |
384 | + | conditions of the certificate within a reasonable period of time. If such 310 | |
385 | + | [group or member] person, firm, corporation or agency fails to (i) cease 311 | |
386 | + | such work, or (ii) comply with such order within such time as specified 312 Substitute Bill No. 904 | |
476 | 387 | ||
477 | - | appointed to serve on the Connecticut Public Transportation Council | |
478 | - | and may continue to serve until the expiration of such member's term | |
479 | - | and a successor has qualified. Any vacancy shall be filled by the original | |
480 | - | appointing authority by appointment for the unexpired portion of any | |
481 | - | term. Members of the council shall serve until their respective | |
482 | - | successors are appointed. [and approved by the General Assembly.] | |
483 | - | (b) [The] Notwithstanding the provisions of section 4-9a, the | |
484 | - | members of the council shall choose one of the members of the council | |
485 | - | to be chairperson of the council. A majority of the members of the | |
486 | - | council then in office shall constitute a quorum for the transaction of any | |
487 | - | business, and action shall be by vote of a majority of the members | |
488 | - | present at a meeting. The council shall meet at least once during each | |
489 | - | calendar quarter and at such other times as the chairperson deems | |
490 | - | necessary or upon the request of a majority of the members in office. | |
491 | - | Special meetings shall be held at the request of such majority after notice | |
492 | - | in accordance with the provisions of section 1-225. Any member who | |
493 | - | fails to attend fifty per cent of all meetings held during any calendar | |
494 | - | year or who fails to attend three consecutive meetings shall be deemed | |
495 | - | to have resigned from office. Not later than ten days after a vacancy | |
496 | - | occurs in the council or the resignation of a member, the chairperson | |
497 | - | shall notify the appointing authority of such vacancy or resignation. | |
498 | - | (c) The Department of Transportation shall maintain records of each | |
499 | - | request for information and data received from the council and denote | |
500 | - | the status of any such request. | |
501 | - | Sec. 8. Section 13b-212c of the general statutes is repealed and the | |
502 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
503 | - | The Connecticut [Commuter Rail] Public Transportation Council | |
504 | - | shall study and investigate all aspects of the daily operation of | |
505 | - | [commuter rail lines in] the commuter railroad systems and public | |
506 | - | transit services funded by the state, monitor their performance and Substitute Senate Bill No. 904 | |
507 | 388 | ||
508 | - | Public Act No. 23-135 16 of 62 | |
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509 | 392 | ||
510 | - | recommend changes to improve the efficiency, equity and [the] quality | |
511 | - | of service [of the operation of such lines] on such commuter rail systems | |
512 | - | and public transit services. The council may request and shall receive, if | |
513 | - | available, from any department, division, board, bureau, commission, | |
514 | - | agency [,] or public authority of the state, or any political subdivision | |
515 | - | thereof, such assistance and data [as it requests and] that will enable it | |
516 | - | to properly carry out its activities for the purposes set forth in this | |
517 | - | section. The council shall also [work with the Department of | |
518 | - | Transportation to] serve as an advocate for customers of all commuter | |
519 | - | [lines in] railroad systems and public transit services funded by the | |
520 | - | state. [and shall make recommendations for improvements to such | |
521 | - | lines.] The Department of Transportation shall (1) submit monthly | |
522 | - | reports with information and data concerning the on-time performance | |
523 | - | and passenger ridership of the commuter railroad systems and public | |
524 | - | transit services funded by the state, and (2) make quarterly | |
525 | - | presentations at the meetings of the council concerning such reports and | |
526 | - | respond to reasonable inquiries made in advance of any meeting by the | |
527 | - | council. The council shall report its findings and recommendations | |
528 | - | annually on or before January fifteenth, to the Governor, the | |
529 | - | Commissioner of Transportation, the General Assembly, the Metro | |
530 | - | North Rail Commuter Council located in the state of New York and the | |
531 | - | management advisory board of the office of the inspector general of the | |
532 | - | Metropolitan Transportation Authority located in the state of New York. | |
533 | - | The council shall also annually present its findings and | |
534 | - | recommendations to the joint standing committee of the General | |
535 | - | Assembly having cognizance of matters relating to transportation. | |
536 | - | Sec. 9. (Effective from passage) On or before February 1, 2024, the | |
537 | - | Connecticut Public Transportation Council, established under section | |
538 | - | 13b-212b of the general statutes, as amended by this act, shall submit, in | |
539 | - | accordance with the provisions of section 11-4a of the general statutes, | |
540 | - | to the joint standing committee of the General Assembly having | |
541 | - | cognizance of matters relating to transportation, a report regarding the Substitute Senate Bill No. 904 | |
393 | + | by the Office of the State Traffic Administration, said office or the 313 | |
394 | + | traffic authority of the municipality wherein the development is 314 | |
395 | + | located may [make an application] apply to the superior court for the 315 | |
396 | + | judicial district of Hartford or the judicial district where the 316 | |
397 | + | development is located enjoining the construction, expansion, 317 | |
398 | + | establishment or the operation of such development. Notwithstanding 318 | |
399 | + | the provisions of this subsection, for single family home building lots 319 | |
400 | + | within a subdivision of land, for which a certificate is required and 320 | |
401 | + | which do not have a direct exit or entrance on, or directly abut or 321 | |
402 | + | adjoin any state highway, no local building official shall issue a 322 | |
403 | + | certificate of occupancy to any such [group or member thereof or] 323 | |
404 | + | person, firm, corporation or agency to occupy homes on such lots until 324 | |
405 | + | such [group, member or] person, firm, corporation or agency provides 325 | |
406 | + | to such official a copy of the certificate issued under this section by 326 | |
407 | + | said office and such official confirms that the certificate conditions 327 | |
408 | + | have been satisfied. 328 | |
409 | + | (c) The Office of the State Traffic Administration, to the extent 329 | |
410 | + | practicable, shall begin its review of an application prior to final 330 | |
411 | + | approval of the proposed activity by the municipal planning and 331 | |
412 | + | zoning agency or other responsible municipal agency. 332 | |
413 | + | (d) In determining the advisability of such certification, the Office of 333 | |
414 | + | the State Traffic Administration shall include, in its consideration, 334 | |
415 | + | highway safety, the width and character of the highways affected, the 335 | |
416 | + | density of traffic thereon, the character of such traffic and the opinion 336 | |
417 | + | and findings of the traffic authority of the municipality wherein the 337 | |
418 | + | development is located. The Office of the State Traffic Administration 338 | |
419 | + | may require improvements to be made by the applicant to the extent 339 | |
420 | + | that such improvements address impacts to state highway safety 340 | |
421 | + | created by the addition of the applicant's proposed development or 341 | |
422 | + | activity. If the Office of the State Traffic Administration determines 342 | |
423 | + | that such improvements, including traffic signals, pavement markings, 343 | |
424 | + | channelization, pavement widening or other changes or traffic control 344 | |
425 | + | devices, are required to handle traffic safely and efficiently, one 345 Substitute Bill No. 904 | |
542 | 426 | ||
543 | - | Public Act No. 23-135 17 of 62 | |
544 | 427 | ||
545 | - | organizational structure of the council and any recommendations to | |
546 | - | improve or modify such structure and the mission of the council. | |
547 | - | Sec. 10. Section 20 of public act 21-175 is repealed and the following | |
548 | - | is substituted in lieu thereof (Effective from passage): | |
549 | - | The Commissioner of Transportation shall study the feasibility of (1) | |
550 | - | extending the Shore Line East rail line to the state of Rhode Island, (2) | |
551 | - | establishing a new passenger rail service from the town of New London | |
552 | - | to the town of Norwich, (3) establishing a new passenger train station in | |
553 | - | the town of Groton and the borough of Stonington, and (4) extending | |
554 | - | ground transportation systems in the eastern region of the state and | |
555 | - | providing interconnection between such systems and rail lines. The | |
556 | - | commissioner may seek and use any available federal funds to conduct | |
557 | - | such study. On or before [January] December 1, 2023, the commissioner | |
558 | - | shall submit the results of such study to the joint standing committee of | |
559 | - | the General Assembly having cognizance of matters relating to | |
560 | - | transportation, in accordance with the provisions of section 11-4a of the | |
561 | - | general statutes. | |
562 | - | Sec. 11. Section 13b-103 of the general statutes is repealed and the | |
563 | - | following is substituted in lieu thereof (Effective October 1, 2023): | |
564 | - | (a) (1) No person, association, limited liability company or | |
565 | - | corporation shall operate a motor vehicle in livery service until such | |
566 | - | person, association, limited liability company or corporation has | |
567 | - | obtained a permit from the Department of Transportation, specifying | |
568 | - | the nature and extent of the service to be rendered and certifying that | |
569 | - | public convenience and necessity will be improved by the operation and | |
570 | - | conduct of such livery service. Such permits shall be issued only after a | |
571 | - | written application for the same has been made and a public hearing has | |
572 | - | been held thereon. Upon receipt of such application, together with the | |
573 | - | payment of a fee of two hundred dollars, the department shall fix a time | |
574 | - | and place of hearing thereon, within a reasonable time, and shall Substitute Senate Bill No. 904 | |
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575 | 431 | ||
576 | - | Public Act No. 23-135 18 of 62 | |
432 | + | hundred per cent of the cost thereof shall be borne by the [group] 346 | |
433 | + | person, firm, corporation or agency building, establishing or operating 347 | |
434 | + | such open air theater, shopping center or other development 348 | |
435 | + | generating large volumes of traffic, except that such cost shall not be 349 | |
436 | + | borne by any municipal agency. The Commissioner of Transportation 350 | |
437 | + | may issue a permit to [said group] such person, firm, corporation or 351 | |
438 | + | agency to construct or install the changes required by the Office of the 352 | |
439 | + | State Traffic Administration, in consultation with the local traffic 353 | |
440 | + | authority. 354 | |
441 | + | (e) Any [group] person, firm, corporation or agency building, 355 | |
442 | + | establishing or operating such open air theater, shopping center or 356 | |
443 | + | other development generating large volumes of traffic aggrieved by 357 | |
444 | + | any decision of the Office of the State Traffic Administration 358 | |
445 | + | [hereunder] under this section may appeal therefrom in accordance 359 | |
446 | + | with the provisions of section 4-183, except venue for such appeal shall 360 | |
447 | + | be in the judicial district in which it is proposed to operate such 361 | |
448 | + | establishment. The provisions of this section except insofar as such 362 | |
449 | + | provisions relate to expansion shall not apply to any open air theater, 363 | |
450 | + | shopping center or other development generating large volumes of 364 | |
451 | + | traffic which has received all necessary permits, variances, exceptions 365 | |
452 | + | and approvals from the municipal zoning commission, planning 366 | |
453 | + | commission, combined planning and zoning commission and zoning 367 | |
454 | + | board of appeals in which such development is located prior to or on 368 | |
455 | + | July 1, 1985, or to any such development which is in operation on that 369 | |
456 | + | date. 370 | |
457 | + | (f) Before submitting an application for any development generating 371 | |
458 | + | large volumes of traffic pursuant to subsection (a) of this section to the 372 | |
459 | + | Office of the State Traffic Administration, the person, firm, corporation 373 | |
460 | + | or agency submitting such application shall attend a mandatory 374 | |
461 | + | meeting with the Office of the State Traffic Administration and other 375 | |
462 | + | staff from the Department of Transportation. At such meeting, such 376 | |
463 | + | person, firm, corporation or agency shall present the applicant's 377 | |
464 | + | proposed development and receive feedback, including, but not 378 Substitute Bill No. 904 | |
577 | 465 | ||
578 | - | promptly give written notice of the pendency of such application and of | |
579 | - | the time and place of such hearing to each applicant, the mayor of each | |
580 | - | city, the warden of each borough and the first selectman of each town, | |
581 | - | within which any such applicant desires to maintain an office or | |
582 | - | headquarters, to any carrier legally operating motor vehicles in livery | |
583 | - | service within the same territory and to other interested parties as | |
584 | - | determined by the department. (2) Notwithstanding the provisions of | |
585 | - | subdivision (1) of this subsection, the department may issue a permit for | |
586 | - | the operation of vehicles (A) having a capacity of less than eleven adults | |
587 | - | or to be used exclusively at funerals, weddings, christenings, | |
588 | - | processions or celebrations, without holding a hearing and certifying | |
589 | - | that public convenience and necessity would be improved by the | |
590 | - | operation of such vehicles, or (B) having a capacity of not less than | |
591 | - | eleven or more than fourteen adults and used for sightseeing and | |
592 | - | related purposes, without holding a hearing, provided the department | |
593 | - | issues a legal notice, as provided under section 1-2, of such application | |
594 | - | and no objection is filed with the department within thirty days of | |
595 | - | publication of such notice. (3) Notwithstanding the provisions of | |
596 | - | subdivision (1) of this subsection, the department may issue a | |
597 | - | temporary or permanent permit to any person, association, limited | |
598 | - | liability company or corporation operating a motor vehicle engaged in | |
599 | - | the transportation of passengers for hire by virtue of a contract with, or | |
600 | - | a lower tier contract for, any federal, state or municipal agency that (A) | |
601 | - | is in effect on July 1, 1997, with or without hearing, after a written | |
602 | - | application for the same has been made and the department has | |
603 | - | determined that the applicant meets the requirements of subsection (b) | |
604 | - | of this section except with respect to public convenience and necessity, | |
605 | - | or (B) becomes effective after July 1, 1997, with or without hearing, after | |
606 | - | a written application for the same has been made and the department | |
607 | - | has determined that the applicant meets the requirements of subsection | |
608 | - | (b) of this section. Any such permit issued under the provisions of this | |
609 | - | subdivision (i) shall be limited to service provided under any such | |
610 | - | contract, and (ii) with respect to any contract under the provisions of Substitute Senate Bill No. 904 | |
611 | 466 | ||
612 | - | Public Act No. 23-135 19 of 62 | |
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471 | + | limited to, information as to what materials need to be submitted for 379 | |
472 | + | an application to be considered complete. 380 | |
473 | + | Sec. 6. (NEW) (Effective from passage) (a) The Connecticut Training 381 | |
474 | + | and Technical Assistance Center at The University of Connecticut shall 382 | |
475 | + | conduct training sessions, at least three times a year, for traffic 383 | |
476 | + | authorities concerning the powers and responsibilities of traffic 384 | |
477 | + | authorities, the installation of official traffic control devices and an 385 | |
478 | + | overview of the applicable provisions of the general statutes and any 386 | |
479 | + | regulations adopted by the Office of the State Traffic Administration. 387 | |
480 | + | (b) On or before January 1, 2024, and annually thereafter, each 388 | |
481 | + | traffic authority, or such authority's appointed representative, shall 389 | |
482 | + | complete the training offered pursuant to subsection (a) of this section. 390 | |
483 | + | The Connecticut Training and Technical Assistance Center shall 391 | |
484 | + | maintain records indicating when a traffic authority, or such 392 | |
485 | + | authority's representative, completed such training. 393 | |
486 | + | Sec. 7. Subsection (b) of section 14-218a of the general statutes is 394 | |
487 | + | repealed and the following is substituted in lieu thereof (Effective 395 | |
488 | + | October 1, 2023): 396 | |
489 | + | (b) (1) Except as provided in subdivision (2) of this subsection, the 397 | |
490 | + | Office of the State Traffic Administration shall establish a speed limit 398 | |
491 | + | [of] not to exceed sixty-five miles per hour on [any] each multiple lane, 399 | |
492 | + | limited access [highways] highway. The office shall establish speed 400 | |
493 | + | limits that are suitable for [a speed limit of sixty-five miles per hour] 401 | |
494 | + | each such highway, taking into consideration relevant factors 402 | |
495 | + | including design, population of area and traffic flow. 403 | |
496 | + | (2) The Commissioner of Transportation may establish the speed 404 | |
497 | + | limit on limited access highways during a weather event or an 405 | |
498 | + | emergency, provided the commissioner erects electronic signs 406 | |
499 | + | indicating such speed limit. 407 | |
500 | + | Sec. 8. Section 13b-212b of the general statutes is repealed and the 408 | |
501 | + | following is substituted in lieu thereof (Effective July 1, 2023): 409 Substitute Bill No. 904 | |
645 | 502 | ||
646 | - | Public Act No. 23-135 20 of 62 | |
647 | 503 | ||
648 | - | forth the purpose, terms and conditions thereof and accompanied by a | |
649 | - | fee of two hundred dollars, after investigation, approves the same. The | |
650 | - | department may amend or, for sufficient cause shown, may suspend or | |
651 | - | revoke any such permit. The department may order appropriate | |
652 | - | corrective action as the department deems necessary, including, but not | |
653 | - | limited to, the attendance of a motor vehicle operator retraining | |
654 | - | program. The department may impose a civil penalty on any person or | |
655 | - | any officer of any association, limited liability company or corporation | |
656 | - | who violates any provision of this chapter or any regulation adopted | |
657 | - | under section 13b-102, as amended by this act, with respect to fares, | |
658 | - | service, operation, [or] equipment, management or staffing, in an | |
659 | - | amount not to exceed one thousand dollars per day for each violation. | |
660 | - | Prior to the imposition of a civil penalty under this subsection, the | |
661 | - | department shall provide notice to [said] such person or officer no later | |
662 | - | than fifteen business days after receipt of information concerning an | |
663 | - | alleged violation and shall provide an opportunity for a hearing. | |
664 | - | [(d) The owner or operator of each motor vehicle in livery service | |
665 | - | shall display in such vehicle such permit or a memorandum thereof.] | |
666 | - | [(e)] (d) (1) Any person who holds himself or herself out to be the | |
667 | - | operator of a motor vehicle in livery service who has not received a | |
668 | - | permit under this section shall be guilty of a class B misdemeanor. | |
669 | - | (2) The state shall remit to a municipality fifty per cent of the fine | |
670 | - | amount received for a violation of subdivision (1) of this subsection with | |
671 | - | respect to each summons issued by such municipality. Each clerk of the | |
672 | - | Superior Court or the Chief Court Administrator, or any other official of | |
673 | - | the Superior Court designated by the Chief Court Administrator, shall, | |
674 | - | on or before the thirtieth day of January, April, July and October in each | |
675 | - | year, certify to the Comptroller the amount due for the previous quarter | |
676 | - | under this subsection to each municipality served by the office of the | |
677 | - | clerk or official. Substitute Senate Bill No. 904 | |
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678 | 507 | ||
679 | - | Public Act No. 23-135 21 of 62 | |
508 | + | (a) There is established a Connecticut [Commuter Rail] Public 410 | |
509 | + | Transportation Council which shall consist of fifteen members, 411 | |
510 | + | [appointed with the advice and consent of the General Assembly,] all 412 | |
511 | + | of whom shall be (1) [commuters] residents who regularly use the 413 | |
512 | + | transportation services of the New Haven commuter railroad line 414 | |
513 | + | which includes the New Canaan, Danbury and Waterbury branches of 415 | |
514 | + | such line, (2) [commuters] residents who regularly use the 416 | |
515 | + | transportation services of the [Shoreline] Shore Line East railroad line, 417 | |
516 | + | [or] (3) residents [of a municipality in which the Commissioner of 418 | |
517 | + | Transportation has proposed a new rail line or in which a rail line has 419 | |
518 | + | commenced operation after July 1, 2013] who regularly use the 420 | |
519 | + | transportation services of the Hartford railroad line, or (4) residents 421 | |
520 | + | who regularly use bus public transportation services funded by the 422 | |
521 | + | state. Members shall be appointed as follows: (A) The Governor shall 423 | |
522 | + | appoint four members; [, one of whom shall be the chief elected official 424 | |
523 | + | of a municipality located on an operating or proposed new rail line;] 425 | |
524 | + | (B) the president pro tempore of the Senate shall appoint three 426 | |
525 | + | members, one of whom regularly uses bus public transportation 427 | |
526 | + | services funded by the state and one of whom regularly uses the 428 | |
527 | + | transportation services of the New Haven railroad line; (C) the speaker 429 | |
528 | + | of the House of Representatives shall appoint three members, one of 430 | |
529 | + | whom regularly uses bus public transportation services funded by the 431 | |
530 | + | state and one of whom regularly uses the transportation services of the 432 | |
531 | + | Hartford railroad line; (D) the minority leader of the Senate shall 433 | |
532 | + | appoint one member; (E) the minority leader of the House of 434 | |
533 | + | Representatives shall appoint one member; (F) the chairpersons of the 435 | |
534 | + | joint standing committee of the General Assembly having cognizance 436 | |
535 | + | of matters relating to transportation shall each appoint one member, 437 | |
536 | + | one of whom [shall be from a municipality in which the Commissioner 438 | |
537 | + | of Transportation has proposed a new rail line or in which a rail line 439 | |
538 | + | has commenced operation after July 1, 2013, and one of whom shall be 440 | |
539 | + | from a municipality in which a station for the Shoreline East railroad 441 | |
540 | + | line is located] regularly uses bus public transportation services 442 | |
541 | + | funded by the state and one of whom regularly use s the 443 | |
542 | + | transportation services of the Shore Line East railroad line; and (G) the 444 Substitute Bill No. 904 | |
680 | 543 | ||
681 | - | [(f)] (e) The Department of Transportation may revoke a permit | |
682 | - | issued under this section or section 13b-105 without a hearing, provided | |
683 | - | (1) the department sends a notice of revocation to the permit holder at | |
684 | - | the address of the permit holder on file with the department and (A) the | |
685 | - | notice is returned as undeliverable or could not be delivered, or (B) the | |
686 | - | permit holder fails to respond to the notice within the time period | |
687 | - | specified by the department in such notice, (2) the department conducts | |
688 | - | a physical inspection of the address of the permit holder on file with the | |
689 | - | department and determines that no livery service is operated at such | |
690 | - | address, and (3) no motor vehicle is registered by the permit holder with | |
691 | - | the Department of Motor Vehicles to be used as specified in the permit | |
692 | - | pursuant to section 13b-106. | |
693 | - | Sec. 12. Subdivision (1) of subsection (a) of section 13b-102 of the | |
694 | - | general statutes is repealed and the following is substituted in lieu | |
695 | - | thereof (Effective October 1, 2023): | |
696 | - | (a) (1) Each person, association, limited liability company or | |
697 | - | corporation owning or operating a motor vehicle in livery service shall | |
698 | - | be subject to the jurisdiction of the Department of Transportation, and | |
699 | - | the department may prescribe adequate service and reasonable rates | |
700 | - | and charges and prescribe and establish such reasonable regulations, in | |
701 | - | accordance with the provisions of chapter 54, with respect to fares, | |
702 | - | service, operation, [and] equipment, management and staffing as it | |
703 | - | deems necessary for the convenience, protection, safety and best | |
704 | - | interests of passengers and the public. | |
705 | - | Sec. 13. Subsection (f) of section 13a-26 of the general statutes is | |
706 | - | repealed and the following is substituted in lieu thereof (Effective from | |
707 | - | passage): | |
708 | - | (f) The provisions of this part restricting the use and accommodation | |
709 | - | of motor vehicle traffic on parkways to noncommercial vehicles shall | |
710 | - | not apply to use of the Merritt and Wilbur Cross Parkways by (1) Substitute Senate Bill No. 904 | |
711 | 544 | ||
712 | - | Public Act No. 23-135 22 of 62 | |
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714 | - | taxicabs, as defined in section 13b-95, (2) vanpool vehicles, as defined in | |
715 | - | section 14-1, [or] (3) service buses, service buses for students with special | |
716 | - | needs, or two-axle, four-wheeled type II, registered school buses with a | |
717 | - | gross vehicle weight rating of ten thousand pounds or less, which are | |
718 | - | owned by or under contract to a public, private or religious school or | |
719 | - | public school district and which are engaged in the transportation of | |
720 | - | school children to and from school or school activities, provided (A) | |
721 | - | such service buses conform to the regulations establishing the | |
722 | - | maximum weight, length, height or width of vehicles permitted to use | |
723 | - | such parkways; (B) such school buses are not more than ninety-eight | |
724 | - | inches high, eighty-four inches wide and two hundred three inches | |
725 | - | long; and (C) such service buses for students with special needs are not | |
726 | - | more than one hundred twenty inches high, ninety inches wide and two | |
727 | - | hundred eighty-eight inches long, (4) vehicles with a gross vehicle | |
728 | - | weight rating of seven thousand five hundred pounds or less, even if | |
729 | - | such vehicles contain any branding, advertising or logos thereon, or (5) | |
730 | - | commercial motor vehicles used by an automobile club or association, | |
731 | - | licensed in accordance with the provisions of section 14-67, solely for the | |
732 | - | purpose of providing roadside assistance to vehicles located on the | |
733 | - | parkway, provided such commercial motor vehicles confirm to the | |
734 | - | regulations establishing the maximum length, height or width of | |
735 | - | vehicles permitted to use such parkways. The Office of the State Traffic | |
736 | - | Administration shall adopt regulations, in accordance with chapter 54, | |
737 | - | establishing the maximum allowable length and height for any vanpool | |
738 | - | vehicle using said Merritt and Wilbur Cross Parkways and [, not later | |
739 | - | than July 1, 1984, publish in the Connecticut Law Journal a notice of | |
740 | - | intent to adopt proposed regulations, as defined in section 4-166,] | |
741 | - | reducing the maximum weight, length, height or width of, or limiting | |
742 | - | the registration classes of, motor vehicles permitted to use such | |
743 | - | parkways, in order to fully carry out the prohibition on the operation of | |
744 | - | commercial motor vehicles on such parkways. | |
745 | - | Sec. 14. (NEW) (Effective October 1, 2023) (a) For the purposes of this Substitute Senate Bill No. 904 | |
549 | + | ranking members of said committee shall jointly appoint one member 445 | |
550 | + | who [shall be from a municipality served by the Danbury or 446 | |
551 | + | Waterbury branches of the New Haven commuter railroad line ] 447 | |
552 | + | regularly uses bus public transportation services funded by the state. 448 | |
553 | + | Each member shall serve for a term of four years. All initial 449 | |
554 | + | appointments to the council shall be made by August 1, [2013] 2023, 450 | |
555 | + | and initial members shall serve a four-year term commencing on 451 | |
556 | + | August 1, [2013] 2023, except that members appointed prior to July 1, 452 | |
557 | + | 2023, to serve on the Connecticut Commuter Rail Council and whose 453 | |
558 | + | term has not expired as of July 1, 2023, shall be deemed appointed to 454 | |
559 | + | serve on the Connecticut Public Transportation Council until the 455 | |
560 | + | expiration of the term of the member or the occurrence of a vacancy, 456 | |
561 | + | whichever occurs first. Any vacancy shall be filled by the original 457 | |
562 | + | appointing authority by appointment for the unexpired portion of any 458 | |
563 | + | term. Members of the council shall serve until their respective 459 | |
564 | + | successors are appointed. [and approved by the General Assembly.] 460 | |
565 | + | (b) [The] Notwithstanding the provisions of section 4-9a, the 461 | |
566 | + | members of the council shall choose one of the members of the council 462 | |
567 | + | to be chairperson of the council. A majority of the members of the 463 | |
568 | + | council then in office shall constitute a quorum for the transaction of 464 | |
569 | + | any business, and action shall be by vote of a majority of the members 465 | |
570 | + | present at a meeting. The council shall meet at least once during each 466 | |
571 | + | calendar quarter and at such other times as the chairperson deems 467 | |
572 | + | necessary or upon the request of a majority of the members in office. 468 | |
573 | + | Special meetings shall be held at the request of such majority after 469 | |
574 | + | notice in accordance with the provisions of section 1-225. Any member 470 | |
575 | + | who fails to attend fifty per cent of all meetings held during any 471 | |
576 | + | calendar year or who fails to attend three consecutive meetings shall 472 | |
577 | + | be deemed to have resigned from office. Not later than ten days after a 473 | |
578 | + | vacancy occurs in the council or the resignation of a member, the 474 | |
579 | + | chairperson shall notify the appointing authority of such vacancy or 475 | |
580 | + | resignation. 476 | |
581 | + | (c) The Department of Transportation shall maintain records of each 477 Substitute Bill No. 904 | |
746 | 582 | ||
747 | - | Public Act No. 23-135 23 of 62 | |
748 | 583 | ||
749 | - | section, (1) "commercial motor vehicle" means any motor vehicle | |
750 | - | designed or used to transport merchandise or freight and bearing | |
751 | - | commercial registration, and (2) "parkway" has the same meaning as | |
752 | - | provided in section 13a-26, as amended by this act. | |
753 | - | (b) No person shall operate any commercial motor vehicle, nor shall | |
754 | - | the owner or lessee of any commercial motor vehicle allow such motor | |
755 | - | vehicle to be operated, upon a parkway in this state. | |
756 | - | (c) The provisions of subsection (b) of this section shall not apply to a | |
757 | - | person operating a commercial motor vehicle upon a parkway pursuant | |
758 | - | to subdivision (4) or (5) of subsection (f) of section 13a-26 of the general | |
759 | - | statutes, as amended by this act, or any regulation adopted by the Office | |
760 | - | of State Traffic Administration under section 14-298 of the general | |
761 | - | statutes. | |
762 | - | (d) Any person who violates the provisions of this section shall, for a | |
763 | - | first violation, be fined five hundred dollars and, for any subsequent | |
764 | - | violation, be fined one thousand dollars. Such fines shall be assessed | |
765 | - | against the owner of a commercial motor vehicle when the owner, the | |
766 | - | owner's agent or employee is the operator of such vehicle, or against the | |
767 | - | lessee of such vehicle when the lessee, the lessee's agent or employee is | |
768 | - | the operator of a leased or rented commercial motor vehicle. | |
769 | - | Sec. 15. Subsection (b) of section 51-164n of the general statutes is | |
770 | - | repealed and the following is substituted in lieu thereof (Effective October | |
771 | - | 1, 2023): | |
772 | - | (b) Notwithstanding any provision of the general statutes, any person | |
773 | - | who is alleged to have committed (1) a violation under the provisions of | |
774 | - | section 1-9, 1-10, 1-11, 2-71h, 4b-13, 7-13, 7-14, 7-35 or 7-41, subsection (c) | |
775 | - | of section 7-66, section 7-83, 7-147h, 7-148, 7-148f, 7-148o, 7-283, 7-325, 7- | |
776 | - | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-185, 10-193, 10-197, 10-198, 10- | |
777 | - | 230, 10-251, 10-254, 10a-35, 12-52, 12-54, 12-129b or 12-170aa, subdivision Substitute Senate Bill No. 904 | |
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585 | + | R01-SB.docx } | |
586 | + | 16 of 23 | |
778 | 587 | ||
779 | - | Public Act No. 23-135 24 of 62 | |
588 | + | request for information and data received from the council and denote 478 | |
589 | + | the status of any such request. 479 | |
590 | + | Sec. 9. Section 13b-212c of the general statutes is repealed and the 480 | |
591 | + | following is substituted in lieu thereof (Effective July 1, 2023): 481 | |
592 | + | The Connecticut [Commuter Rail] Public Transportation Council 482 | |
593 | + | shall study and investigate all aspects of the daily operation of 483 | |
594 | + | [commuter rail lines in] the commuter railroad systems and bus public 484 | |
595 | + | transportation services funded by the state, monitor their performance 485 | |
596 | + | and recommend changes to improve the efficiency, equity and [the] 486 | |
597 | + | quality of service [of the operation of such lines] on such commuter rail 487 | |
598 | + | systems and bus public transportation services. The council may 488 | |
599 | + | request and shall receive, if available, from any department, division, 489 | |
600 | + | board, bureau, commission, agency [,] or public authority of the state, 490 | |
601 | + | or any political subdivision thereof, such assistance and data [as it 491 | |
602 | + | requests and] that will enable it to properly carry out its activities for 492 | |
603 | + | the purposes set forth in this section. The council shall also [work with 493 | |
604 | + | the Department of Transportation to] serve as an advocate for 494 | |
605 | + | customers of all commuter [lines in] railroad systems and bus public 495 | |
606 | + | transportation services funded by the state. [and shall make 496 | |
607 | + | recommendations for improvements to such lines.] The Department of 497 | |
608 | + | Transportation shall (1) submit monthly reports with information and 498 | |
609 | + | data concerning the on-time performance by station and passenger 499 | |
610 | + | ridership of the commuter railroad systems and bus public 500 | |
611 | + | transportation services funded by the state, and (2) make quarterly 501 | |
612 | + | presentations at the meetings of the council concerning such reports 502 | |
613 | + | and respond to reasonable inquiries made in advance of any meeting 503 | |
614 | + | by the council. The council shall report its findings and 504 | |
615 | + | recommendations annually on or before January fifteenth, to the 505 | |
616 | + | Governor, the Commissioner of Transportation, the General Assembly, 506 | |
617 | + | the Metro North Rail Commuter Council located in the state of New 507 | |
618 | + | York and the management advisory board of the office of the inspector 508 | |
619 | + | general of the Metropolitan Transportation Authority located in the 509 | |
620 | + | state of New York. The council shall also annually present its findings 510 Substitute Bill No. 904 | |
780 | 621 | ||
781 | - | (3) of subsection (e) of section 12-286, section 12-286a, 12-292, 12-314b or | |
782 | - | 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of | |
783 | - | section 12-411, section 12-435c, 12-476a, 12-476b, 12-476c, or 12-487, | |
784 | - | section 14 of this act, section 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, | |
785 | - | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-253, 13a-263 | |
786 | - | or 13b-39f, subsection (f) of section 13b-42, section 13b-90 or 13b-100, | |
787 | - | subsection (a) of section 13b-108, section 13b-221 or 13b-292, subsection | |
788 | - | (a) or (b) of section 13b-324, section 13b-336, 13b-337, 13b-338, 13b-410a, | |
789 | - | 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section | |
790 | - | 13b-414 or 14-4, subdivision (2) of subsection (a) of section 14-12, | |
791 | - | subsection (d) of section 14-12, subsection (f) of section 14-12a, | |
792 | - | subsection (a) of section 14-15a, section 14-16c, 14-20a or 14-27a, | |
793 | - | subsection (f) of section 14-34a, subsection (d) of section 14-35, section | |
794 | - | 14-43, 14-44j, 14-49, 14-50a, 14-58 or 14-62a, subsection (b) of section 14- | |
795 | - | 66, section 14-66a or 14-67a, subsection (g) of section 14-80, subsection | |
796 | - | (f) or (i) of section 14-80h, section 14-97a or 14-98, subsection (a), (b) or | |
797 | - | (d) of section 14-100a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-145a | |
798 | - | or 14-146, subsection (b) of section 14-147, section 14-152, 14-153, 14-161 | |
799 | - | or 14-163b, subsection (f) of section 14-164i, section 14-213b or 14-219, | |
800 | - | subdivision (1) of section 14-223a, subsection (d) of section 14-224, as | |
801 | - | amended by this act, section 14-240, 14-250, 14-253a, 14-261a, 14-262, 14- | |
802 | - | 264, 14-266, 14-267a, 14-269, 14-270, 14-272b, 14-274, 14-275 or 14-275a, | |
803 | - | subsection (c) of section 14-275c, section 14-276, subsection (a) or (b) of | |
804 | - | section 14-277, section 14-278, 14-279 or 14-280, subsection (b), (e) or (h) | |
805 | - | of section 14-283, section 14-283d, 14-283e, 14-283f, 14-283g, 14-291, 14- | |
806 | - | 293b, 14-296aa, 14-298a, 14-300, as amended by this act, 14-300d, 14-300f, | |
807 | - | 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision | |
808 | - | (1), (2) or (3) of section 14-386a, section 15-15e, 15-25 or 15-33, | |
809 | - | subdivision (1) of section 15-97, subsection (a) of section 15-115, section | |
810 | - | 16-15, 16-16, 16-44, 16-256e, 16-278 or 16a-15, subsection (a) of section | |
811 | - | 16a-21, section 16a-22, subsection (a) or (b) of section 16a-22h, section | |
812 | - | 16a-106, 17a-24, 17a-145, 17a-149 or 17a-152, subsection (b) of section | |
813 | - | 17a-227, section 17a-465, subsection (c) of section 17a-488, section 17b- Substitute Senate Bill No. 904 | |
814 | 622 | ||
815 | - | Public Act No. 23-135 25 of 62 | |
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625 | + | 17 of 23 | |
816 | 626 | ||
817 | - | 124, 17b-131, 17b-137, 19a-33, 19a-39 or 19a-87, subsection (b) of section | |
818 | - | 19a-87a, section 19a-91, 19a-102a, 19a-102b, 19a-105, 19a-107, 19a-113, | |
819 | - | 19a-215, 19a-216a, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, | |
820 | - | 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, | |
821 | - | 19a-442, 19a-502, 19a-565, 20-7a, 20-14, 20-153a, 20-158, 20-231, 20-233, | |
822 | - | 20-249, 20-257, 20-265, 20-324e, 20-329c or 20-329g, subsection (b) of | |
823 | - | section 20-334, section 20-341l, 20-366, 20-482, 20-597, 20-608, 20-610, 20- | |
824 | - | 623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 21-63, subsection (d) of | |
825 | - | section 21-71, section 21-76a or 21-100, subsection (c) of section 21a-2, | |
826 | - | subdivision (1) of section 21a-19, section 21a-20 or 21a-21, subdivision | |
827 | - | (1) of subsection (b) of section 21a-25, section 21a-26 or 21a-30, | |
828 | - | subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63, 21a-70b | |
829 | - | or 21a-77, subsection (b) or (c) of section 21a-79, section 21a-85 or 21a- | |
830 | - | 154, subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, | |
831 | - | subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a- | |
832 | - | 421fff, 21a-421hhh, subsection (a) of section 21a-430, section 22-12b, 22- | |
833 | - | 13, 22-14, 22-15, 22-16, 22-26g, 22-30, 22-34, 22-35, 22-36, 22-38, 22-39, 22- | |
834 | - | 39f, 22-49, 22-54, 22-61j or 22-61l, subdivision (1) of subsection (n) of | |
835 | - | section 22-61l, subsection (f) of section 22-61m, subdivision (1) of | |
836 | - | subsection (f) of section 22-61m, section 22-84, 22-89, 22-90, 22-96, 22-98, | |
837 | - | 22-99, 22-100 or 22-111o, subsection (d) of section 22-118l, section 22-167, | |
838 | - | subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, 22-318a, | |
839 | - | 22-320h, 22-324a or 22-326, subsection (b), subdivision (1) or (2) of | |
840 | - | subsection (e) or subsection (g) of section 22-344, subsection (a) or (b) of | |
841 | - | section 22-344b, section 22-344c, subsection (d) of section 22-344d, | |
842 | - | section 22-344f, 22-350a, 22-354, 22-359, 22-366, 22-391, 22-413, 22-414, | |
843 | - | 22-415, 22-415c, 22a-66a or 22a-246, subsection (a) of section 22a-250, | |
844 | - | section 22a-256g, subsection (e) of section 22a-256h, section 22a-363 or | |
845 | - | 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, | |
846 | - | 22a-450, 22a-461, 23-4b, 23-38, 23-45, 23-46 or 23-61b, subsection (a) or | |
847 | - | subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, | |
848 | - | subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26- | |
849 | - | 21, 26-31, 26-40, 26-40a, 26-42, 26-43, 26-49, 26-54, 26-55, 26-56, 26-58 or Substitute Senate Bill No. 904 | |
627 | + | and recommendations to the joint standing committee of the General 511 | |
628 | + | Assembly having cognizance of matters relating to transportation. 512 | |
629 | + | Sec. 10. (Effective from passage) On or before February 1, 2024, the 513 | |
630 | + | Connecticut Public Transportation Council, established under section 514 | |
631 | + | 13b-212b of the general statutes, as amended by this act, shall submit, 515 | |
632 | + | in accordance with the provisions of section 11-4a of the general 516 | |
633 | + | statutes, to the joint standing committee of the General Assembly 517 | |
634 | + | having cognizance of matters relating to transportation, a report 518 | |
635 | + | regarding the organizational structure of the council and any 519 | |
636 | + | recommendations to improve or modify such structure and the 520 | |
637 | + | mission of the council. 521 | |
638 | + | Sec. 11. Section 20 of public act 21-175 is repealed and the following 522 | |
639 | + | is substituted in lieu thereof (Effective from passage): 523 | |
640 | + | The Commissioner of Transportation shall study the feasibility of (1) 524 | |
641 | + | extending the Shore Line East rail line to the state of Rhode Island, (2) 525 | |
642 | + | establishing a new passenger rail service from the town of New 526 | |
643 | + | London to the town of Norwich, (3) establishing a new passenger train 527 | |
644 | + | station in the town of Groton and the borough of Stonington, and (4) 528 | |
645 | + | extending ground transportation systems in the eastern region of the 529 | |
646 | + | state and providing interconnection between such systems and rail 530 | |
647 | + | lines. The commissioner may seek and use any available federal funds 531 | |
648 | + | to conduct such study. On or before [January] December 1, 2023, the 532 | |
649 | + | commissioner shall submit the results of such study to the joint 533 | |
650 | + | standing committee of the General Assembly having cognizance of 534 | |
651 | + | matters relating to transportation, in accordance with the provisions of 535 | |
652 | + | section 11-4a of the general statutes. 536 | |
653 | + | Sec. 12. Section 13b-103 of the general statutes is repealed and the 537 | |
654 | + | following is substituted in lieu thereof (Effective October 1, 2023): 538 | |
655 | + | (a) (1) No person, association, limited liability company or 539 | |
656 | + | corporation shall operate a motor vehicle in livery service until such 540 | |
657 | + | person, association, limited liability company or corporation has 541 Substitute Bill No. 904 | |
850 | 658 | ||
851 | - | Public Act No. 23-135 26 of 62 | |
852 | 659 | ||
853 | - | 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-64, | |
854 | - | subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, | |
855 | - | 26-97, 26-98, 26-104, 26-105, 26-107, 26-114a, 26-117, subsection (b) of | |
856 | - | section 26-127, 26-128, 26-128a, 26-131, 26-132, 26-138, 26-139 or 26-141, | |
857 | - | subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26- | |
858 | - | 224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-231, 26- | |
859 | - | 232, 26-244, 26-257a, 26-260, 26-276, 26-280, 26-284, 26-285, 26-286, 26- | |
860 | - | 287, 26-288, 26-290, 26-291a, 26-292, 26-294, 27-107, 28-13, 29-6a, 29-16, | |
861 | - | 29-17, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e), (g) or | |
862 | - | (h) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of | |
863 | - | section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section | |
864 | - | 29-291c, section 29-316 or 29-318, subsection (b) of section 29-335a, | |
865 | - | section 29-381, 30-19f, 30-48a or 30-86a, subsection (b) of section 30-89, | |
866 | - | subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 31-12, | |
867 | - | 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, | |
868 | - | 31-40, 31-44, 31-47 or 31-48, subsection (b) of section 31-48b, section 31- | |
869 | - | 51, 31-51g, 31-52, 31-52a, 31-53 or 31-54, subsection (a) or (c) of section | |
870 | - | 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, | |
871 | - | subsection (i) of section 31-273, section 31-288, 31-348, 33-624, 33-1017, | |
872 | - | 34-13d or 34-412, subdivision (1) of section 35-20, subsection (a) of | |
873 | - | section 36a-57, subsection (b) of section 36a-665, section 36a-699, 36a- | |
874 | - | 739, 36a-787, 38a-2 or 38a-140, subsection (a) or (b) of section 38a-278, | |
875 | - | section 38a-479qq, 38a-479rr, 38a-506, 38a-548, 38a-626, 38a-680, 38a-713, | |
876 | - | 38a-733, 38a-764, 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, | |
877 | - | 42-470 or 42-480, subsection (a) or (c) of section 43-16q, section 45a-283, | |
878 | - | 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, | |
879 | - | section 46a-59, 46a-81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or | |
880 | - | 47-53, subsection (i) of section 47a-21, subdivision (1) of subsection (k) | |
881 | - | of section 47a-21, section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection | |
882 | - | (j) of section 52-362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53- | |
883 | - | 264, 53-280, 53-290a, 53-302a, 53-303e, 53-311a, 53-314, 53-321, 53-322, 53- | |
884 | - | 323 or 53-331, subsection (b) of section 53-343a, section 53-344, | |
885 | - | subsection (b) or (c) of section 53-344b, subsection (b) of section 53-345a, Substitute Senate Bill No. 904 | |
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886 | 663 | ||
887 | - | Public Act No. 23-135 27 of 62 | |
664 | + | obtained a permit from the Department of Transportation, specifying 542 | |
665 | + | the nature and extent of the service to be rendered and certifying that 543 | |
666 | + | public convenience and necessity will be improved by the operation 544 | |
667 | + | and conduct of such livery service. Such permits shall be issued only 545 | |
668 | + | after a written application for the same has been made and a public 546 | |
669 | + | hearing has been held thereon. Upon receipt of such application, 547 | |
670 | + | together with the payment of a fee of two hundred dollars, the 548 | |
671 | + | department shall fix a time and place of hearing thereon, within a 549 | |
672 | + | reasonable time, and shall promptly give written notice of the 550 | |
673 | + | pendency of such application and of the time and place of such 551 | |
674 | + | hearing to each applicant, the mayor of each city, the warden of each 552 | |
675 | + | borough and the first selectman of each town, within which any such 553 | |
676 | + | applicant desires to maintain an office or headquarters, to any carrier 554 | |
677 | + | legally operating motor vehicles in livery service within the same 555 | |
678 | + | territory and to other interested parties as determined by the 556 | |
679 | + | department. (2) Notwithstanding the provisions of subdivision (1) of 557 | |
680 | + | this subsection, the department may issue a permit for the operation of 558 | |
681 | + | vehicles (A) having a capacity of less than eleven adults or to be used 559 | |
682 | + | exclusively at funerals, weddings, christenings, processions or 560 | |
683 | + | celebrations, without holding a hearing and certifying that public 561 | |
684 | + | convenience and necessity would be improved by the operation of 562 | |
685 | + | such vehicles, or (B) having a capacity of not less than eleven or more 563 | |
686 | + | than fourteen adults and used for sightseeing and related purposes, 564 | |
687 | + | without holding a hearing, provided the department issues a legal 565 | |
688 | + | notice, as provided under section 1-2, of such application and no 566 | |
689 | + | objection is filed with the department within thirty days of publication 567 | |
690 | + | of such notice. (3) Notwithstanding the provisions of subdivision (1) of 568 | |
691 | + | this subsection, the department may issue a temporary or permanent 569 | |
692 | + | permit to any person, association, limited liability company or 570 | |
693 | + | corporation operating a motor vehicle engaged in the transportation of 571 | |
694 | + | passengers for hire by virtue of a contract with, or a lower tier contract 572 | |
695 | + | for, any federal, state or municipal agency that (A) is in effect on July 1, 573 | |
696 | + | 1997, with or without hearing, after a written application for the same 574 | |
697 | + | has been made and the department has determined that the applicant 575 | |
698 | + | meets the requirements of subsection (b) of this section except with 576 Substitute Bill No. 904 | |
888 | 699 | ||
889 | - | section 53-377, 53-422 or 53-450 or subsection (i) of section 54-36a, or (2) | |
890 | - | a violation under the provisions of chapter 268, or (3) a violation of any | |
891 | - | regulation adopted in accordance with the provisions of section 12-484, | |
892 | - | 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or | |
893 | - | bylaw of any town, city or borough, except violations of building codes | |
894 | - | and the health code, for which the penalty exceeds ninety dollars but | |
895 | - | does not exceed two hundred fifty dollars, unless such town, city or | |
896 | - | borough has established a payment and hearing procedure for such | |
897 | - | violation pursuant to section 7-152c, shall follow the procedures set | |
898 | - | forth in this section. | |
899 | - | Sec. 16. Section 13b-39a of the general statutes is repealed and the | |
900 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
901 | - | [(a) The executive director of the Connecticut Airport Authority shall | |
902 | - | establish a program of registration for all aircraft in the state, in | |
903 | - | accordance with which the] The owner of any aircraft, as defined in | |
904 | - | subdivision (5) of section 15-34, which is based or primarily used at any | |
905 | - | airport facility, heliport, air navigation facility, restricted landing area | |
906 | - | or seaplane base in a municipality within this state shall, not later than | |
907 | - | October 1, 1993, and annually thereafter, be required to register with the | |
908 | - | municipality in which such aircraft is based or primarily used, by filing | |
909 | - | an application form, or renewal thereof, and paying the appropriate | |
910 | - | registration fee, as provided for in section 12-71, this section and section | |
911 | - | 13b-39b, as amended by this act. The owner of any aircraft which is | |
912 | - | based or primarily used at any such air navigation facility or restricted | |
913 | - | landing area in this state shall register such aircraft not later than July 1, | |
914 | - | 1994, and annually thereafter not later than the first of October. Any | |
915 | - | aircraft shall be deemed to be based or primarily used in a municipality | |
916 | - | when in the normal course of its use, it leaves from and returns to or | |
917 | - | remains at one or more points within the municipality more often or | |
918 | - | longer than at any other single location outside of the municipality. | |
919 | - | [(b) The executive director, subject to the provisions of section 1-121, Substitute Senate Bill No. 904 | |
920 | 700 | ||
921 | - | Public Act No. 23-135 28 of 62 | |
701 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- | |
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703 | + | 19 of 23 | |
922 | 704 | ||
923 | - | shall adopt such rules and procedures as deemed necessary by said | |
924 | - | executive director to implement the provisions of section 12-71, this | |
925 | - | section and sections 13b-39b to 13b-39g, inclusive.] | |
926 | - | Sec. 17. Section 13b-39b of the general statutes is repealed and the | |
927 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
928 | - | The executive director of the Connecticut Airport Authority shall | |
929 | - | prepare and distribute to each municipality in which aircraft are based | |
930 | - | or primarily used, forms and decals for the registration of aircraft and | |
931 | - | the renewal of such registrations. [The registration forms shall contain | |
932 | - | such information as the authority may prescribe, including, but not | |
933 | - | limited to, information concerning (1) the form and identity of | |
934 | - | ownership, including information as to whether such ownership is by | |
935 | - | an individual, partnership, corporation or other entity, (2) the type of | |
936 | - | aircraft, including the year of manufacture, the manufacturer, the model | |
937 | - | and the certified gross weight, (3) the Federal Aviation Certificate | |
938 | - | number, and (4) the location at which such aircraft is based or primarily | |
939 | - | used in this state.] Each municipality shall designate a municipal | |
940 | - | registration official who may be an official or employee of the | |
941 | - | municipality or of any airport facility, heliport or seaplane base located | |
942 | - | within the municipality, to utilize the information obtained pursuant to | |
943 | - | section 13b-49a, as amended by this act, and perform the duties of | |
944 | - | registration of aircraft as set forth in sections 13b-39a to 13b-39g, | |
945 | - | inclusive, as amended by this act, and shall furnish to the executive | |
946 | - | director, in writing, the name, address and telephone number of each | |
947 | - | such official. The municipality shall immediately notify the executive | |
948 | - | director upon any changes relative to the municipal registration official. | |
949 | - | Sec. 18. Section 13b-39d of the general statutes is repealed and the | |
950 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
951 | - | The owner shall pay a fee to the municipal registration official for | |
952 | - | each aircraft so numbered or registered in accordance with the Substitute Senate Bill No. 904 | |
705 | + | respect to public convenience and necessity, or (B) becomes effective 577 | |
706 | + | after July 1, 1997, with or without hearing, after a written application 578 | |
707 | + | for the same has been made and the department has determined that 579 | |
708 | + | the applicant meets the requirements of subsection (b) of this section. 580 | |
709 | + | Any such permit issued under the provisions of this subdivision (i) 581 | |
710 | + | shall be limited to service provided under any such contract, and (ii) 582 | |
711 | + | with respect to any contract under the provisions of subparagraph (A) 583 | |
712 | + | of this subdivision, shall not authorize a total number of motor 584 | |
713 | + | vehicles exceeding the number required to provide service existing 585 | |
714 | + | under such contract on July 1, 1997. (4) Notwithstanding the 586 | |
715 | + | provisions of subdivision (1) of this subsection, the department shall 587 | |
716 | + | issue to any person who has an intrastate livery permit for at least one 588 | |
717 | + | year, upon the application of such person, up to two additional vehicle 589 | |
718 | + | authorizations each year without a hearing and without written notice 590 | |
719 | + | of the pendency of the application, if all the existing permits held by 591 | |
720 | + | such person are registered and in use and if there are no outstanding 592 | |
721 | + | violations or matters pending adjudication against such person. Such 593 | |
722 | + | person may submit a second application for up to two additional 594 | |
723 | + | vehicle authorizations each year. The department shall have thirty 595 | |
724 | + | calendar days to issue such amended permit upon receipt of an 596 | |
725 | + | application and the payment of the fee described in subdivision (1) of 597 | |
726 | + | this subsection. 598 | |
727 | + | (b) In determining whether or not such a permit will be granted, the 599 | |
728 | + | Department of Transportation shall take into consideration the present 600 | |
729 | + | or future public convenience and necessity for the service the applicant 601 | |
730 | + | proposes to render, the suitability of the applicant or the suitability of 602 | |
731 | + | the management if the applicant is a limited liability company or 603 | |
732 | + | corporation, the financial responsibility of the applicant, the ability of 604 | |
733 | + | the applicant efficiently and properly to perform the service for which 605 | |
734 | + | authority is requested and the fitness, willingness and ability of the 606 | |
735 | + | applicant to conform to the provisions of this chapter and the 607 | |
736 | + | requirements and regulations of the department under this chapter. 608 | |
737 | + | (c) Any interested party may bring a written petition to the 609 Substitute Bill No. 904 | |
953 | 738 | ||
954 | - | Public Act No. 23-135 29 of 62 | |
955 | 739 | ||
956 | - | following schedule: | |
957 | - | Gross Weight (lbs.) Fee | |
958 | - | Less than 3,000 $90.00 | |
959 | - | 3,001 - 4,500 250.00 | |
960 | - | 4,501 - 8,000 700.00 | |
961 | - | 8,001 - 12,500 1,500.00 | |
962 | - | 12,501 and over 2,500.00 | |
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742 | + | 20 of 23 | |
963 | 743 | ||
964 | - | Aircraft manufactured before 1946 shall pay the lesser of one hundred | |
965 | - | dollars or the fee as required on the basis of gross weight as set forth in | |
966 | - | this section. [The executive director may establish, by procedures | |
967 | - | adopted in accordance with the provisions of section 1-121, a uniform | |
968 | - | schedule for the expiration and renewal of registrations and may | |
969 | - | prorate the fees in this section accordingly.] Any person or firm that | |
970 | - | acquires ownership of an aircraft shall obtain a new registration in the | |
971 | - | name of such owner within thirty days of the date of such acquisition, | |
972 | - | provided no additional registration fee shall be payable in cases where | |
973 | - | one or more new ownership interests are being added to the registration | |
974 | - | or in cases of legal change of name of the registrant. All registrations | |
975 | - | shall be renewed within thirty days of the date of expiration as stated in | |
976 | - | the certificate. If a valid certificate or number decal is lost, mutilated or | |
977 | - | destroyed, the aircraft owner shall notify the municipal registration | |
978 | - | official within fifteen days, and such owner shall be issued a duplicate | |
979 | - | certificate or number decal upon payment of a fee of five dollars. | |
980 | - | Sec. 19. Section 13b-39g of the general statutes is repealed and the | |
981 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
982 | - | Each municipality which issues and renews registrations for aircraft | |
983 | - | in accordance with this section and sections 13b-39a to [13b-39g] 13b- | |
984 | - | 39f, inclusive, as amended by this act, may retain for its own use and | |
985 | - | purposes, as a grant in lieu of property taxes, all revenue received from Substitute Senate Bill No. 904 | |
744 | + | Department of Transportation in respect to fares, service, operation or 610 | |
745 | + | equipment, or the convenience, protection and safety of the public 611 | |
746 | + | with regard to any carrier operating a motor vehicle in livery service. 612 | |
747 | + | Thereupon, the department may fix a time and place for a hearing 613 | |
748 | + | upon such petition and give notice thereof. No permit shall be sold or 614 | |
749 | + | transferred until the department, upon written application to it setting 615 | |
750 | + | forth the purpose, terms and conditions thereof and accompanied by a 616 | |
751 | + | fee of two hundred dollars, after investigation, approves the same. The 617 | |
752 | + | department may amend or, for sufficient cause shown, may suspend 618 | |
753 | + | or revoke any such permit. The department may order appropriate 619 | |
754 | + | corrective action as the department deems necessary, including, but 620 | |
755 | + | not limited to, the attendance of a motor vehicle operator retraining 621 | |
756 | + | program. The department may impose a civil penalty on any person or 622 | |
757 | + | any officer of any association, limited liability company or corporation 623 | |
758 | + | who violates any provision of this chapter or any regulation adopted 624 | |
759 | + | under section 13b-102, as amended by this act, with respect to fares, 625 | |
760 | + | service, operation, [or] equipment, management or staffing, in an 626 | |
761 | + | amount not to exceed one thousand dollars per day for each violation. 627 | |
762 | + | Prior to the imposition of a civil penalty under this subsection, the 628 | |
763 | + | department shall provide notice to [said] such person or officer no later 629 | |
764 | + | than fifteen business days after receipt of information concerning an 630 | |
765 | + | alleged violation and shall provide an opportunity for a hearing. 631 | |
766 | + | [(d) The owner or operator of each motor vehicle in livery service 632 | |
767 | + | shall display in such vehicle such permit or a memorandum thereof.] 633 | |
768 | + | [(e)] (d) (1) Any person who holds himself or herself out to be the 634 | |
769 | + | operator of a motor vehicle in livery service who has not received a 635 | |
770 | + | permit under this section shall be guilty of a class B misdemeanor. 636 | |
771 | + | (2) The state shall remit to a municipality fifty per cent of the fine 637 | |
772 | + | amount received for a violation of subdivision (1) of this subsection 638 | |
773 | + | with respect to each summons issued by such municipality. Each clerk 639 | |
774 | + | of the Superior Court or the Chief Court Administrator, or any other 640 | |
775 | + | official of the Superior Court designated by the Chief Court 641 | |
776 | + | Administrator, shall, on or before the thirtieth day of January, April, 642 Substitute Bill No. 904 | |
986 | 777 | ||
987 | - | Public Act No. 23-135 30 of 62 | |
988 | 778 | ||
989 | - | the receipt of aircraft registration fees. [Each] On or before February 1, | |
990 | - | 2024, and annually thereafter, each such [participating] municipality | |
991 | - | shall furnish the executive director with [such reports] a report | |
992 | - | concerning [the total amount of fees received pursuant to sections 12-71 | |
993 | - | and 13b-39a to 13b-39g, inclusive,] the number of registrations issued, | |
994 | - | the names of registrants and the descriptions of aircraft registered | |
995 | - | during the preceding calendar year. | |
996 | - | Sec. 20. Section 13b-50 of the general statutes is repealed and the | |
997 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
998 | - | (a) The executive director of the Connecticut Airport Authority is | |
999 | - | authorized to cooperate with the government of the United States or any | |
1000 | - | agency or department thereof in the acquisition, construction, | |
1001 | - | improvement, maintenance and operation of airports, heliports, landing | |
1002 | - | fields and other aeronautical facilities in this state where federal | |
1003 | - | financial aid is received and to comply with the provisions of the laws | |
1004 | - | of the United States and any regulations made thereunder for the | |
1005 | - | expenditure of federal moneys upon such airports, heliports and | |
1006 | - | facilities. The executive director is authorized to accept, receive and | |
1007 | - | receipt for federal or other moneys for and on behalf of this state or any | |
1008 | - | political subdivision thereof for the acquisition, construction, | |
1009 | - | improvement, maintenance and operation of facilities within this state. | |
1010 | - | All moneys accepted for disbursement by the executive director | |
1011 | - | pursuant to this subsection shall be [deposited in the state treasury and] | |
1012 | - | disbursed in accordance with the provisions of the respective grants. | |
1013 | - | (b) Any municipality is authorized to accept, receive and receipt for | |
1014 | - | federal moneys and other moneys, either public or private, for the | |
1015 | - | acquisition, construction, enlargement, improvement, maintenance, | |
1016 | - | equipment or operation of airports and other air navigation facilities | |
1017 | - | and sites therefor and to comply with the provisions of the laws of the | |
1018 | - | United States and any rules and regulations made thereunder for the | |
1019 | - | expenditure of federal moneys upon such airports and facilities. No Substitute Senate Bill No. 904 | |
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781 | + | 21 of 23 | |
1020 | 782 | ||
1021 | - | Public Act No. 23-135 31 of 62 | |
783 | + | July and October in each year, certify to the Comptroller the amount 643 | |
784 | + | due for the previous quarter under this subsection to each 644 | |
785 | + | municipality served by the office of the clerk or official. 645 | |
786 | + | [(f)] (e) The Department of Transportation may revoke a permit 646 | |
787 | + | issued under this section or section 13b-105 without a hearing, 647 | |
788 | + | provided (1) the department sends a notice of revocation to the permit 648 | |
789 | + | holder at the address of the permit holder on file with the department 649 | |
790 | + | and (A) the notice is returned as undeliverable or could not be 650 | |
791 | + | delivered, or (B) the permit holder fails to respond to the notice within 651 | |
792 | + | the time period specified by the department in such notice, (2) the 652 | |
793 | + | department conducts a physical inspection of the address of the permit 653 | |
794 | + | holder on file with the department and determines that no livery 654 | |
795 | + | service is operated at such address, and (3) no motor vehicle is 655 | |
796 | + | registered by the permit holder with the Department of Motor Vehicles 656 | |
797 | + | to be used as specified in the permit pursuant to section 13b-106. 657 | |
798 | + | Sec. 13. Subdivision (1) of subsection (a) of section 13b-102 of the 658 | |
799 | + | general statutes is repealed and the following is substituted in lieu 659 | |
800 | + | thereof (Effective October 1, 2023): 660 | |
801 | + | (a) (1) Each person, association, limited liability company or 661 | |
802 | + | corporation owning or operating a motor vehicle in livery service shall 662 | |
803 | + | be subject to the jurisdiction of the Department of Transportation, and 663 | |
804 | + | the department may prescribe adequate service and reasonable rates 664 | |
805 | + | and charges and prescribe and establish such reasonable regulations, 665 | |
806 | + | in accordance with the provisions of chapter 54, with respect to fares, 666 | |
807 | + | service, operation, [and] equipment, management and staffing as it 667 | |
808 | + | deems necessary for the convenience, protection, safety and best 668 | |
809 | + | interests of passengers and the public. 669 | |
810 | + | Sec. 14. (Effective from passage) Notwithstanding the provisions of 670 | |
811 | + | sections 2-14 and 7-273b of the general statutes, the Norwalk Transit 671 | |
812 | + | District shall be dissolved on January 1, 2024, on which date (1) all 672 | |
813 | + | funds and property of the district shall pass to the Department of 673 | |
814 | + | Transportation, (2) the Department of Transportation shall assume and 674 Substitute Bill No. 904 | |
1022 | 815 | ||
1023 | - | municipality shall submit to the administrator of civil aeronautics of the | |
1024 | - | United States any project application under the provisions of Section | |
1025 | - | 9(a) of Public Law 377, 79th Congress, or any amendment thereof, unless | |
1026 | - | the project and the project application have been approved by the | |
1027 | - | executive director. | |
1028 | - | (c) Any municipality is authorized to designate by ordinance the | |
1029 | - | executive director as its agent to accept, receive and receipt for federal | |
1030 | - | moneys in its behalf for airport purposes and to contract for the | |
1031 | - | acquisition, construction, enlargement, improvement, maintenance, | |
1032 | - | equipment or operation of such airports or other air navigation facilities, | |
1033 | - | and may enter into an agreement with the executive director prescribing | |
1034 | - | the terms and conditions of such agency in accordance with federal | |
1035 | - | laws, rules and regulations and applicable laws of this state. Such | |
1036 | - | moneys as are paid by the United States government shall be paid to | |
1037 | - | such municipality under such terms and conditions as may be imposed | |
1038 | - | by the United States in making such grant. | |
1039 | - | (d) All contracts for the acquisition, construction, enlargement, | |
1040 | - | improvement, maintenance, equipment or operation of airports or other | |
1041 | - | air navigation facilities, made by the municipality itself or through the | |
1042 | - | executive director, shall be made pursuant to the laws of this state | |
1043 | - | governing the making of like contracts; provided, where such | |
1044 | - | acquisition, construction, improvement, enlargement, maintenance, | |
1045 | - | equipment or operation is financed wholly or partly with federal | |
1046 | - | moneys, the municipality, or the executive director as its agent, may let | |
1047 | - | contracts in the manner prescribed by the federal authorities, acting | |
1048 | - | under the laws of the United States, and any rules or regulations made | |
1049 | - | thereunder, notwithstanding any other state law to the contrary. | |
1050 | - | (e) The executive director may render financial assistance by grant of | |
1051 | - | funds to any municipality or municipalities acting jointly in the | |
1052 | - | planning, acquisition, construction or improvement of an airport owned | |
1053 | - | or controlled, or to be owned or controlled, by such municipality or Substitute Senate Bill No. 904 | |
1054 | 816 | ||
1055 | - | Public Act No. 23-135 32 of 62 | |
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819 | + | 22 of 23 | |
1056 | 820 | ||
1057 | - | municipalities. [, out of appropriations made by the General Assembly | |
1058 | - | for such purposes.] Such financial assistance may be furnished in | |
1059 | - | connection with federal or other financial aid for the same purposes for | |
1060 | - | not more than seventy-five per cent of the cost exclusive of federal aid. | |
1061 | - | The executive director may establish procedures to be followed in | |
1062 | - | granting funds under this subsection and may prescribe forms to be | |
1063 | - | used in connection therewith. | |
1064 | - | (f) The executive director may, whenever the executive director | |
1065 | - | considers such assistance desirable or feasible, make available | |
1066 | - | engineering and other technical services of the executive director, with | |
1067 | - | or without charge, to any municipality or owner of a commercial airport | |
1068 | - | requesting such services in connection with the planning, acquisition, | |
1069 | - | construction, improvement, maintenance or operation of airports or | |
1070 | - | aeronautical facilities. | |
1071 | - | (g) Any town, city or borough may lease any airport or contract for | |
1072 | - | any airport facilities or privileges from any person, firm or corporation, | |
1073 | - | municipal or private, operating a municipal or private airport in any | |
1074 | - | location which has been approved by the executive director. | |
1075 | - | Sec. 21. Section 13b-47 of the general statutes is repealed and the | |
1076 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1077 | - | (a) In determining whether to issue a certificate of approval or license | |
1078 | - | for the use or operation of any proposed [commercial] public use air | |
1079 | - | navigation facility, the executive director of the Connecticut Airport | |
1080 | - | Authority shall take into consideration (1) its proposed location, size | |
1081 | - | and layout, (2) its relationship to any comprehensive plan for state-wide | |
1082 | - | and nation-wide development, (3) the availability of areas suitable for | |
1083 | - | safe future expansion, (4) the freedom of adjoining areas from | |
1084 | - | obstructions based on a proper glide ratio, (5) the nature of the terrain | |
1085 | - | and of the uses to which the proposed [airport] facility will be put, and | |
1086 | - | (6) the possibilities for future development. Prior to the issuance of a Substitute Senate Bill No. 904 | |
821 | + | be liable for all debts and obligations of the district, and shall be liable 675 | |
822 | + | to pay all such debts and obligations, and (3) the Department of 676 | |
823 | + | Transportation shall provide transit services to the areas previously 677 | |
824 | + | served by the district. 678 | |
825 | + | Sec. 15. (Effective from passage) The Department of Transportation 679 | |
826 | + | shall paint and maintain route shield pavement markings at the 680 | |
827 | + | intersection of Interstate Routes 95 and 91 in the city of New Haven 681 | |
828 | + | and at the intersection of Interstate Routes 91 and 84 in the city of 682 | |
829 | + | Hartford to depict interchange geometry in accordance with the 683 | |
830 | + | Federal Highway Administration's Manual on Uniform Traffic Control 684 | |
831 | + | Devices for Streets and Highways, as amended from time to time. 685 | |
832 | + | This act shall take effect as follows and shall amend the following | |
833 | + | sections: | |
1087 | 834 | ||
1088 | - | Public Act No. 23-135 33 of 62 | |
835 | + | Section 1 October 1, 2023 14-314 | |
836 | + | Sec. 2 October 1, 2023 14-299 | |
837 | + | Sec. 3 October 1, 2023 14-300(a) and (b) | |
838 | + | Sec. 4 October 1, 2023 14-311 | |
839 | + | Sec. 5 October 1, 2023 14-311c | |
840 | + | Sec. 6 from passage New section | |
841 | + | Sec. 7 October 1, 2023 14-218a(b) | |
842 | + | Sec. 8 July 1, 2023 13b-212b | |
843 | + | Sec. 9 July 1, 2023 13b-212c | |
844 | + | Sec. 10 from passage New section | |
845 | + | Sec. 11 from passage PA 21-175, Sec. 20 | |
846 | + | Sec. 12 October 1, 2023 13b-103 | |
847 | + | Sec. 13 October 1, 2023 13b-102(a)(1) | |
848 | + | Sec. 14 from passage New section | |
849 | + | Sec. 15 from passage New section | |
1089 | 850 | ||
1090 | - | certificate of approval, license or license renewal, each proposed or | |
1091 | - | existing public use air navigation facility shall provide documentation | |
1092 | - | to the authority, in such form as the executive director may prescribe, | |
1093 | - | that the factors described in subdivisions (1) to (6), inclusive, of this | |
1094 | - | subsection demonstrate that such facility will provide or currently | |
1095 | - | provides for safe aircraft operations. | |
1096 | - | (b) In determining whether to issue a certificate of approval or license | |
1097 | - | for the use or operation of any proposed private use air navigation | |
1098 | - | facility, the executive director shall take into consideration: (1) Its | |
1099 | - | proposed location, size and layout; (2) the freedom of adjacent areas | |
1100 | - | from obstructions based on a proper glide ratio; (3) the nature of the | |
1101 | - | terrain and the uses to which the proposed air navigation facility will be | |
1102 | - | put; (4) the type of equipment to be utilized and the flight experience of | |
1103 | - | the operator; (5) the amount of noise to be produced at such facility; and | |
1104 | - | (6) such other factors as the executive director deems appropriate. Prior | |
1105 | - | to the issuance of a certificate of approval, license or license renewal, | |
1106 | - | each proposed or existing private use air navigation facility shall | |
1107 | - | provide documentation to the authority, in such form as the executive | |
1108 | - | director may prescribe, that the factors described in subdivisions (1) to | |
1109 | - | (6), inclusive, of this subsection demonstrate that such facility will | |
1110 | - | provide or currently provides for safe aircraft operations. | |
1111 | - | Sec. 22. Section 13b-49a of the general statutes is repealed and the | |
1112 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1113 | - | (a) Not later than July thirty-first annually, the owner or operator of | |
1114 | - | any airport, heliport, restricted landing area, seaplane base or other air | |
1115 | - | navigation facility licensed under the provisions of section 13b-46 shall | |
1116 | - | submit to the executive director and the municipality in which the | |
1117 | - | aircraft is based, the following information with respect to an aircraft | |
1118 | - | which is based or primarily used at such facility as of July first of such | |
1119 | - | year: (1) The [name] identity and address of the owner [thereof] and | |
1120 | - | form of ownership, including information as to whether the owner is an Substitute Senate Bill No. 904 | |
851 | + | Statement of Legislative Commissioners: | |
852 | + | In Section 8(b), "The" was changed to "[The] Notwithstanding the | |
853 | + | provisions of section 4-9a, the" for statutory consistency; in Section 9, | |
854 | + | "such systems and services" was changed to "such commuter railroad | |
855 | + | systems and bus public transportation services" for clarity; in Section | |
856 | + | 10 ", established under section 13b-212b of the general statutes, as Substitute Bill No. 904 | |
1121 | 857 | ||
1122 | - | Public Act No. 23-135 34 of 62 | |
1123 | 858 | ||
1124 | - | individual, partnership, corporation or other entity; (2) the type of | |
1125 | - | aircraft, including the year of manufacture, the manufacturer, the model | |
1126 | - | and the certified gross weight; and (3) the Federal Aviation Aircraft | |
1127 | - | Registration number. [The executive director shall forward such | |
1128 | - | information to the municipality in which an aircraft is based.] | |
1129 | - | (b) The executive director, after notice and opportunity for hearing, | |
1130 | - | may suspend or revoke the license of any such facility in the event the | |
1131 | - | owner or operator thereof knowingly or intentionally fails to comply | |
1132 | - | with the provisions of subsection (a) of this section. | |
1133 | - | Sec. 23. Section 13b-50a of the general statutes is repealed and the | |
1134 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1135 | - | The following initiatives shall be established to preserve | |
1136 | - | Connecticut's licensed privately owned, publicly used airports which | |
1137 | - | have a paved runway and a minimum of five thousand operations per | |
1138 | - | year: (1) The state shall have the right of first refusal to purchase, via fair | |
1139 | - | market value and state property acquisition procedures, an airport, if | |
1140 | - | that airport is threatened with sale or closure, for the express purpose of | |
1141 | - | preserving the airport; (2) the executive director may acquire the | |
1142 | - | development rights, based on fair market value for such rights, of such | |
1143 | - | airports, provided the airport remains a public airport; (3) the state | |
1144 | - | [shall] may fund capital improvements to private airports, in which case | |
1145 | - | the state [shall participate in] may fund not more than ninety per cent of | |
1146 | - | the eligible costs and the balance by the sponsor, with budget and | |
1147 | - | priorities to be determined by the executive director, and engineering in | |
1148 | - | accordance with Federal Aviation Administration Advisory Circulars; | |
1149 | - | and (4) the establishment of a new airport zoning category for the | |
1150 | - | airport's imaginary surfaces as defined by Federal Aviation Regulations | |
1151 | - | and a program to mitigate noise in airport neighborhoods in which the | |
1152 | - | noise exceeds applicable Federal Aviation Administration standards. | |
1153 | - | Such program may be combined with existing energy conservation | |
1154 | - | programs. Funding for such program shall be from available federal Substitute Senate Bill No. 904 | |
859 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00904- | |
860 | + | R01-SB.docx } | |
861 | + | 23 of 23 | |
1155 | 862 | ||
1156 | - | Public Act No. 23-135 35 of 62 | |
863 | + | amended by this act," was inserted for clarity; and in Section 12(a)(4), | |
864 | + | "for" and "such" were deleted for clarity. | |
1157 | 865 | ||
1158 | - | resources. | |
1159 | - | Sec. 24. Section 15-44 of the general statutes is repealed and the | |
1160 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1161 | - | The executive director [, and] of the Connecticut Airport Authority, | |
1162 | - | aeronautics inspectors of the authority, [and] each state, county and | |
1163 | - | municipal officer charged with the enforcement of state and municipal | |
1164 | - | laws and each special police officer, appointed under section 29-19, shall | |
1165 | - | enforce and assist in the enforcement of this chapter and of all | |
1166 | - | regulations made pursuant thereto, and of all other laws of this state | |
1167 | - | relating to aeronautics. | |
1168 | - | Sec. 25. Subsection (a) of section 15-76 of the general statutes is | |
1169 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
1170 | - | 2023): | |
1171 | - | (a) The executive director of the Connecticut Airport Authority, any | |
1172 | - | employee of the authority, any officer attached to an organized police | |
1173 | - | department, any state police officer or any constable, within his or her | |
1174 | - | precinct, upon discovery of any aircraft apparently abandoned, whether | |
1175 | - | situated within or without any airport or landing field in this state, shall | |
1176 | - | take such aircraft into custody and may cause the same to be taken to | |
1177 | - | and stored in a suitable place. All charges necessarily incurred by such | |
1178 | - | person in the performance of such duty shall be a lien upon such aircraft. | |
1179 | - | The owner or keeper of any hangar or other place where such aircraft is | |
1180 | - | stored shall have a lien upon the same for storage charges. If such | |
1181 | - | aircraft has been so stored for a period of ninety days, such owner or | |
1182 | - | keeper may sell the same at public auction for cash, at such owner's or | |
1183 | - | keeper's place of business, and apply the avails of such sale toward the | |
1184 | - | payment of such owner's or keeper's charges and the payment of any | |
1185 | - | debt or obligation incurred by the person who placed the same in | |
1186 | - | storage, provided such sale shall be advertised three times in a | |
1187 | - | newspaper published or having a circulation in the town where such Substitute Senate Bill No. 904 | |
1188 | - | ||
1189 | - | Public Act No. 23-135 36 of 62 | |
1190 | - | ||
1191 | - | hangar or other place is located, such advertisement to commence at | |
1192 | - | least five days before such sale; and, if the last place of abode of the | |
1193 | - | owner of such aircraft is known to or may be ascertained by such hangar | |
1194 | - | owner or keeper by the exercise of reasonable diligence, notice of the | |
1195 | - | time and place of sale shall be given such owner by mailing such notice | |
1196 | - | to the owner in a registered or certified letter, postage paid, at such last | |
1197 | - | usual place of abode, at least five days before the time of sale. The | |
1198 | - | proceeds of such sale, after deducting the amount due such hangar | |
1199 | - | owner or keeper and all expenses connected with such sale, including | |
1200 | - | the expenses of the officer who placed such aircraft in storage, shall be | |
1201 | - | paid to the owner of such aircraft or the owner's legal representatives, if | |
1202 | - | claimed by such owner or representatives, at any time within one year | |
1203 | - | from the date of such sale. If such balance is not claimed within [said] | |
1204 | - | such period, it shall escheat to the [state] authority. | |
1205 | - | Sec. 26. Section 15-90 of the general statutes is repealed and the | |
1206 | - | following is substituted in lieu thereof (Effective October 1, 2023): | |
1207 | - | [The executive director of the Connecticut Airport Authority is | |
1208 | - | directed to] Each publicly owned airport owner or operator shall | |
1209 | - | formulate and adopt, and [from time to time as may be] revise as | |
1210 | - | necessary, [revise,] an airport approach plan. [for each publicly owned | |
1211 | - | airport in the state.] Each such plan shall indicate the circumstances in | |
1212 | - | which structures or trees or both are or would be airport hazards, the | |
1213 | - | area within which measures for the protection of the airport's aerial | |
1214 | - | approaches should be taken and what the height limits and other | |
1215 | - | objectives of such measures should be. In adopting or revising any such | |
1216 | - | plan, [the executive director] such owner or operator shall consider, | |
1217 | - | among other things, the character of the flying operations expected to | |
1218 | - | be conducted at the airport, the nature of the terrain, the height of | |
1219 | - | existing structures and trees above the level of the airport, the | |
1220 | - | practicability of lowering or removing existing obstructions and all | |
1221 | - | other material matters. [, and the executive director] Such owner or Substitute Senate Bill No. 904 | |
1222 | - | ||
1223 | - | Public Act No. 23-135 37 of 62 | |
1224 | - | ||
1225 | - | operator may obtain and consider the views of the agency of the federal | |
1226 | - | government charged with the fostering of civil aeronautics as to the | |
1227 | - | aerial approaches necessary to safe flying operations at the airport. | |
1228 | - | Sec. 27. Section 15-101m of the general statutes is repealed and the | |
1229 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1230 | - | [(a)] Subject to the provisions of the general statutes and resolution | |
1231 | - | authorizing the issuance of bonds pursuant to subsection (a) of section | |
1232 | - | 15-101l, the [Commissioner of Transportation is authorized to] executive | |
1233 | - | director of the Connecticut Airport Authority shall fix, revise, charge | |
1234 | - | and collect rates, rents, fees and charges for the use of and for the | |
1235 | - | services furnished or to be furnished by the facilities of Bradley | |
1236 | - | International Airport and to contract with any person, partnership, | |
1237 | - | association or corporation, or other body, public or private, in respect | |
1238 | - | thereof. [except that, the commissioner shall not impose any fee, charge | |
1239 | - | or commission on the gross revenues of off-airport parking operators | |
1240 | - | for the right to access said airport that exceeds five per cent of such gross | |
1241 | - | revenues for calendar quarters commencing on or after July 1, 1997, and | |
1242 | - | prior to July 1, 1998, and four per cent of such gross revenues for | |
1243 | - | calendar quarters commencing on or after July 1, 1998.] Such rates, rents, | |
1244 | - | fees and charges shall be fixed and adjusted in respect of the aggregate | |
1245 | - | of rates, rents, fees and charges from the operation of Bradley | |
1246 | - | International Airport so as to provide funds sufficient with other | |
1247 | - | revenues or moneys available therefor, if any, (1) to pay the cost of | |
1248 | - | maintaining, repairing and operating the facilities of Bradley | |
1249 | - | International Airport and each and every portion thereof, to the extent | |
1250 | - | that the payment of such cost has not otherwise been adequately | |
1251 | - | provided for, (2) to pay the principal of and the interest on any | |
1252 | - | outstanding revenue obligations of the state or the authority issued in | |
1253 | - | respect of the project as the same shall become due and payable, and (3) | |
1254 | - | to create and maintain reserves and sinking funds required or provided | |
1255 | - | for in any resolution authorizing, or trust agreement securing, such Substitute Senate Bill No. 904 | |
1256 | - | ||
1257 | - | Public Act No. 23-135 38 of 62 | |
1258 | - | ||
1259 | - | bonds. A sufficient amount of the revenues as may be necessary to pay | |
1260 | - | the cost of maintenance, repair and operation and to provide reserves | |
1261 | - | and for renewals, replacements, extensions, enlargements and | |
1262 | - | improvements as may be provided for in the resolution authorizing the | |
1263 | - | issuance of any bonds or in the trust agreement securing the same, shall | |
1264 | - | be set aside at such regular intervals as may be provided in such | |
1265 | - | resolution or trust agreement in a reserve, sinking or other similar fund | |
1266 | - | which is hereby pledged to, and charged with, the payment of the | |
1267 | - | principal of and the interest on such bonds as the same shall become | |
1268 | - | due, and the redemption price or the purchase price of bonds retired by | |
1269 | - | call or purchase as therein provided. The use and disposition of moneys | |
1270 | - | to the credit of such reserve, sinking or other similar fund shall be | |
1271 | - | subject to the provisions of the resolution authorizing the issuance of | |
1272 | - | such bonds or of such trust agreement. | |
1273 | - | [(b) The Department of Transportation shall designate the beginning | |
1274 | - | and ending dates of the fiscal year for the operation of Bradley | |
1275 | - | International Airport. Each year, within ninety days prior to the | |
1276 | - | beginning of the next ensuing fiscal year, the Department of | |
1277 | - | Transportation shall prepare and submit to the Secretary of the Office of | |
1278 | - | Policy and Management an annual operating budget for Bradley | |
1279 | - | International Airport for such fiscal year, providing for (1) payment of | |
1280 | - | the costs of maintaining, repairing and operating the facilities of Bradley | |
1281 | - | International Airport and each and every portion thereof during such | |
1282 | - | fiscal year, to the extent that the payment of such costs has not otherwise | |
1283 | - | been adequately provided for, (2) the payment of the principal of and | |
1284 | - | interest on any outstanding revenue obligations of the state issued in | |
1285 | - | respect of the project and becoming due and payable in such fiscal year | |
1286 | - | and (3) the creation and maintenance of reserves and sinking funds | |
1287 | - | required or provided for in any resolution authorizing, or trust | |
1288 | - | agreement securing, such bonds. Such annual operating budget shall | |
1289 | - | include an estimate of revenues from the rates, rents, fees and charges | |
1290 | - | fixed by the Department of Transportation pursuant to subsection (a), Substitute Senate Bill No. 904 | |
1291 | - | ||
1292 | - | Public Act No. 23-135 39 of 62 | |
1293 | - | ||
1294 | - | and from any and all other sources, to meet the estimated expenditures | |
1295 | - | of Bradley International Airport for such fiscal year. Within thirty days | |
1296 | - | prior to the first day of such fiscal year the Secretary of the Office of | |
1297 | - | Policy and Management shall approve said annual operating budget, | |
1298 | - | with such changes, amendments, additions and deletions as shall be | |
1299 | - | agreed upon prior to that date by the Department of Transportation and | |
1300 | - | the Secretary of the Office of Policy and Management. The annual | |
1301 | - | operating budget of Bradley International Airport as so approved shall | |
1302 | - | take effect as of the date of its approval. On or before the twentieth day | |
1303 | - | of each month, including the month next preceding the first month of | |
1304 | - | the fiscal year to which the annual operating budget applies, the | |
1305 | - | Treasurer or the trustee under any trust indenture securing the bonds | |
1306 | - | issued under subsection (a) of section 15-101l shall pay to the | |
1307 | - | Department of Transportation out of the funds available for such | |
1308 | - | purpose such amount as may be necessary to make the amount then | |
1309 | - | held by said department for the payment of operating expenses of | |
1310 | - | Bradley International Airport equal to such amount as shall be | |
1311 | - | necessary for the payment of such operating expenses during the next | |
1312 | - | ensuing two months, as shown by the annual operating budget for such | |
1313 | - | fiscal year. Except as otherwise provided in sections 15-101k to 15-101p, | |
1314 | - | inclusive, either expressly or by implication, all provisions of the general | |
1315 | - | statutes governing state employees and state property, and all other | |
1316 | - | provisions of the general statutes applicable to Bradley International | |
1317 | - | Airport, shall continue in effect. All pension, retirement or other similar | |
1318 | - | benefits vested or acquired at any time before or after July 1, 1981, with | |
1319 | - | respect to any state employees shall continue unaffected and as if the | |
1320 | - | salaries and wages of such employees continued to be paid out of the | |
1321 | - | general funds of the state. | |
1322 | - | (c) On the day the Department of Transportation submits an annual | |
1323 | - | operating budget for Bradley International Airport to the Secretary of | |
1324 | - | the Office of Policy and Management pursuant to subsection (b) of this | |
1325 | - | section, the department shall submit a copy of such budget to the joint Substitute Senate Bill No. 904 | |
1326 | - | ||
1327 | - | Public Act No. 23-135 40 of 62 | |
1328 | - | ||
1329 | - | standing committee of the General Assembly having cognizance of | |
1330 | - | matters relating to appropriations and the budgets of state agencies, | |
1331 | - | through the legislative Office of Fiscal Analysis. Upon the approval of | |
1332 | - | the annual operating budget, the department shall submit a copy of the | |
1333 | - | budget as so approved to said joint standing committee, through the | |
1334 | - | Office of Fiscal Analysis.] | |
1335 | - | Sec. 28. Subsection (b) of section 15-120ii of the general statutes is | |
1336 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
1337 | - | 2023): | |
1338 | - | (b) The authority shall designate the beginning and ending dates of | |
1339 | - | the fiscal year for the operation of Bradley, the general aviation airports | |
1340 | - | and any other airports. [Each year, within thirty days prior to the | |
1341 | - | beginning of the next ensuing fiscal year, the] The authority shall | |
1342 | - | approve an annual operating budget for Bradley, the general aviation | |
1343 | - | airports and any other airports for each such fiscal year, providing for | |
1344 | - | (1) payment of the costs of maintaining, repairing and operating the | |
1345 | - | facilities of Bradley, the general aviation airports and any other airports | |
1346 | - | and each and every portion thereof during such fiscal year, to the extent | |
1347 | - | that the payment of such costs has not otherwise been adequately | |
1348 | - | provided for, (2) the payment of the principal of and interest on any | |
1349 | - | outstanding revenue obligations of the authority, including obligations | |
1350 | - | of the state that may be assumed by the authority, becoming due and | |
1351 | - | payable in such fiscal year, and (3) the creation and maintenance of | |
1352 | - | reserves and sinking funds, and compliance with rate covenants, | |
1353 | - | required, permitted or provided for in any resolution authorizing, or | |
1354 | - | trust agreement securing, such obligations. Such annual operating | |
1355 | - | budget shall include an estimate of revenues from the rates, rents, fees | |
1356 | - | and charges fixed by the authority pursuant to subsection (a) of this | |
1357 | - | section, and from any and all other sources, to meet the estimated | |
1358 | - | expenditures of Bradley, the general aviation airports and any other | |
1359 | - | airports for such fiscal year. The annual operating budget of Bradley, Substitute Senate Bill No. 904 | |
1360 | - | ||
1361 | - | Public Act No. 23-135 41 of 62 | |
1362 | - | ||
1363 | - | the general aviation airports and any other airports as so approved shall | |
1364 | - | take effect as of the date of its approval. On or before the twentieth day | |
1365 | - | of each month, including the month next preceding the first month of | |
1366 | - | the fiscal year to which the annual operating budget applies, the | |
1367 | - | authority or the trustee under any trust indenture securing the bonds | |
1368 | - | issued under section 15-120ff, at the direction of the authority, shall | |
1369 | - | transfer to operating advance accounts established by the authority | |
1370 | - | from the funds available for such purpose such amount as may be | |
1371 | - | necessary to make the amount then held within such accounts for the | |
1372 | - | payment of operating expenses of Bradley, the general aviation airports | |
1373 | - | and any other airports equal to such amount as shall be necessary for | |
1374 | - | the payment of such operating expenses during the next ensuing two | |
1375 | - | months, as shown by the annual operating budget for such fiscal year. | |
1376 | - | Except as otherwise provided in sections 15-120aa to 15-120oo, | |
1377 | - | inclusive, either expressly or by implication, all provisions of the general | |
1378 | - | statutes governing state employees and state property, and all other | |
1379 | - | provisions of the general statutes applicable to Bradley, the general | |
1380 | - | aviation airports and any other airports, shall continue in effect. All | |
1381 | - | pension, retirement or other similar benefits vested or acquired at any | |
1382 | - | time before or after July 1, 1981, with respect to any state employees | |
1383 | - | shall continue unaffected and as if the salaries and wages of such | |
1384 | - | employees continued to be paid out of the general funds of the state. | |
1385 | - | Sec. 29. Subsection (d) of section 13b-97 of the general statutes is | |
1386 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
1387 | - | 2023): | |
1388 | - | (d) Any person, association, limited liability company or corporation | |
1389 | - | which has obtained a certificate under subsection (a) of this section, after | |
1390 | - | providing proof that service has been active [, adequate within the | |
1391 | - | territory specified in such certificate] and in compliance with all relevant | |
1392 | - | statutes and regulations, [for a period of not less than two years since | |
1393 | - | such certificate was obtained,] may solicit, receive and discharge taxicab Substitute Senate Bill No. 904 | |
1394 | - | ||
1395 | - | Public Act No. 23-135 42 of 62 | |
1396 | - | ||
1397 | - | passengers at Bradley International Airport, subject to formal | |
1398 | - | agreement with the [Commissioner of Transportation provided such | |
1399 | - | agreement shall not take precedence over its obligation to provide | |
1400 | - | taxicab service within the territory specified in such certificate] | |
1401 | - | executive director of the Connecticut Airport Authority. Any such | |
1402 | - | person, association, limited liability company or corporation may | |
1403 | - | discharge taxicab passengers received at such airport within a territory | |
1404 | - | other than the territory specified in its certificate. The [commissioner] | |
1405 | - | executive director may charge and collect a reasonable fee from any | |
1406 | - | such person, association, limited liability company or corporation for | |
1407 | - | the privilege of solicitation of such passengers. | |
1408 | - | Sec. 30. (NEW) (Effective October 1, 2023) (a) No person shall operate, | |
1409 | - | nor any owner permit operation of, an aircraft based or hangered in this | |
1410 | - | state unless there is a liability insurance policy on such aircraft that | |
1411 | - | covers the owner and pilot for claims by passengers or other persons for | |
1412 | - | any injuries to such passengers or other persons or their property that | |
1413 | - | might arise out of the operation of such aircraft. | |
1414 | - | (b) The liability insurance shall provide coverage of at least (1) five | |
1415 | - | hundred thousand dollars for damages by reason of bodily injury or | |
1416 | - | death or for property damages per accident, and (2) one hundred | |
1417 | - | thousand dollars for damages by reason of bodily injury or death or for | |
1418 | - | property damages per passenger seat. | |
1419 | - | (c) Each owner or operator of an air navigation facility in the state | |
1420 | - | shall maintain a list of aircraft based or hangered at such air navigation | |
1421 | - | facility. Such list shall include for each such aircraft: (1) The registration | |
1422 | - | number, type and model of the aircraft, (2) the name and address of the | |
1423 | - | owner or operator of the aircraft, (3) the period of time the aircraft has | |
1424 | - | been based or hangered at the air navigation facility, (4) the liability | |
1425 | - | insurance policy or binder number, (5) the name of the insurance | |
1426 | - | company as shown on the liability insurance policy, and (6) the name of | |
1427 | - | the liability insurance agent or broker. Substitute Senate Bill No. 904 | |
1428 | - | ||
1429 | - | Public Act No. 23-135 43 of 62 | |
1430 | - | ||
1431 | - | (d) The owner or operator of an aircraft based or hangered in the state | |
1432 | - | shall provide proof of aircraft liability insurance satisfying the coverage | |
1433 | - | required pursuant to this section upon request of the executive director | |
1434 | - | of the Connecticut Airport Authority, any official of the authority or a | |
1435 | - | law enforcement officer. | |
1436 | - | (e) The provisions of this section shall not apply to aircraft regulated | |
1437 | - | under 14 CFR 205, as amended from time to time. | |
1438 | - | Sec. 31. Section 15-120bb of the general statutes is repealed and the | |
1439 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
1440 | - | (a) There is hereby established and created a body politic and | |
1441 | - | corporate, constituting a public instrumentality and political | |
1442 | - | subdivision of the state of Connecticut established and created for the | |
1443 | - | performance of an essential public and governmental function, to be | |
1444 | - | known as the Connecticut Airport Authority. The authority shall not be | |
1445 | - | construed to be a department, institution or agency of the state. | |
1446 | - | (b) The powers of the authority shall be vested in and exercised by a | |
1447 | - | board of directors, which shall consist of eleven members, appointed as | |
1448 | - | follows: (1) (A) The Treasurer or the Treasurer's designee, (B) the | |
1449 | - | Commissioner of Transportation or the commissioner's designee, and | |
1450 | - | (C) the Commissioner of Economic and Community Development or | |
1451 | - | the commissioner's designee, each serving ex officio; (2) one appointed | |
1452 | - | by the speaker of the House of Representatives for a term of four years; | |
1453 | - | (3) one appointed by the minority leader of the House of | |
1454 | - | Representatives for a term of four years; (4) one appointed by the | |
1455 | - | president pro tempore of the Senate for a term of four years; and (5) one | |
1456 | - | appointed by the minority leader of the Senate for a term of four years. | |
1457 | - | Thereafter, such members of the General Assembly shall appoint | |
1458 | - | members of the board to succeed such appointees whose terms expire | |
1459 | - | and each member so appointed shall hold office for a period of four | |
1460 | - | years from the first day of July in the year of his or her appointment. The Substitute Senate Bill No. 904 | |
1461 | - | ||
1462 | - | Public Act No. 23-135 44 of 62 | |
1463 | - | ||
1464 | - | Governor shall appoint four members to the board as follows: (A) Two | |
1465 | - | members for two years; and (B) two members for four years. Thereafter, | |
1466 | - | the Governor shall appoint members of the board to succeed such | |
1467 | - | appointees whose terms expire and each member so appointed shall | |
1468 | - | hold office for a period of four years from July first in the year of his or | |
1469 | - | her appointment. Appointed directors shall have business and | |
1470 | - | management experience and shall include individuals who have | |
1471 | - | experience and expertise in one or more of the following areas: (i) | |
1472 | - | Financial planning, (ii) budgeting and assessment, (iii) marketing, (iv) | |
1473 | - | master planning, (v) aviation, and (vi) transportation management. | |
1474 | - | (c) Appointed directors may not designate a representative to | |
1475 | - | perform in their absence their respective duties under this section. Any | |
1476 | - | appointed director who fails to attend three consecutive meetings of the | |
1477 | - | board or who fails to attend fifty per cent of all meetings of the board | |
1478 | - | held during any calendar year shall be deemed to have resigned from | |
1479 | - | the board. Any vacancy occurring other than by expiration of term shall | |
1480 | - | be filled in the same manner as the original appointment for the balance | |
1481 | - | of the unexpired term. | |
1482 | - | (d) The board of directors of the authority shall appoint an executive | |
1483 | - | director who shall not be a member of the board and who shall serve at | |
1484 | - | the pleasure of the board and receive such compensation as shall be | |
1485 | - | fixed by the board. The executive director shall be the chief | |
1486 | - | administrative officer of the authority and shall direct and supervise | |
1487 | - | administrative affairs and technical activities in accordance with the | |
1488 | - | directives of the board. The executive director shall approve all accounts | |
1489 | - | for salaries, allowable expenses of the authority or of any employee or | |
1490 | - | consultant thereof, and expenses incidental to the operation of the | |
1491 | - | authority. The executive director shall perform such other duties as may | |
1492 | - | be directed by the board in carrying out the purposes of subdivision (12) | |
1493 | - | of section 1-79, sections 1-120, 1-124 and 1-125, subsection (f) of section | |
1494 | - | 4b-3, sections 13b-4 and 13b-42, subsection (a) of section 13b-44 and Substitute Senate Bill No. 904 | |
1495 | - | ||
1496 | - | Public Act No. 23-135 45 of 62 | |
1497 | - | ||
1498 | - | sections 15-101aa and 15-120aa to 15-120oo, inclusive. The executive | |
1499 | - | director shall be exempt from the classified service. The executive | |
1500 | - | director shall attend all meetings of the board, keep a record of the | |
1501 | - | proceedings of the authority and shall maintain and be custodian of all | |
1502 | - | books, documents and papers filed with the authority and of the minute | |
1503 | - | book or journal of the authority and of its official seal. The executive | |
1504 | - | director may cause copies to be made of all minutes and other records | |
1505 | - | and documents of the authority and may give certificates under the | |
1506 | - | official seal of the authority to the effect that such copies are true copies, | |
1507 | - | and all persons dealing with the authority may rely upon such | |
1508 | - | certificates. | |
1509 | - | (e) Each director shall be entitled to reimbursement for such director's | |
1510 | - | actual and necessary expenses incurred during the performance of such | |
1511 | - | director's official duties. | |
1512 | - | (f) Directors may engage in private employment, or in a profession or | |
1513 | - | business, subject to any applicable laws, rules and regulations of the | |
1514 | - | state or federal government regarding official ethics or conflict of | |
1515 | - | interest. | |
1516 | - | (g) Six directors of the authority shall constitute a quorum for the | |
1517 | - | transaction of any business or the exercise of any power of the authority. | |
1518 | - | For the transaction of any business or the exercise of any power of the | |
1519 | - | authority, and except as otherwise provided in this section, the | |
1520 | - | authority may act by a majority of the directors present at any meeting | |
1521 | - | at which a quorum is in attendance. | |
1522 | - | (h) The board may delegate to six or more directors such board | |
1523 | - | powers and duties as it may deem necessary and proper in conformity | |
1524 | - | with the provisions of this section and its bylaws. | |
1525 | - | (i) The appointing authority for any director may remove such | |
1526 | - | director for inefficiency, neglect of duty or misconduct in office after Substitute Senate Bill No. 904 | |
1527 | - | ||
1528 | - | Public Act No. 23-135 46 of 62 | |
1529 | - | ||
1530 | - | giving the director a copy of the charges against the director and an | |
1531 | - | opportunity to be heard, in person or by counsel, in the director's | |
1532 | - | defense, upon not less than ten days' notice. If any director shall be so | |
1533 | - | removed, the appointing authority for such director shall file in the | |
1534 | - | office of the Secretary of the State a complete statement of charges made | |
1535 | - | against such director and the appointing authority's findings on such | |
1536 | - | statement of charges, together with a complete record of the | |
1537 | - | proceedings. | |
1538 | - | (j) The authority shall continue as long as it has bonds or other | |
1539 | - | obligations outstanding and until its existence is terminated by law. | |
1540 | - | Upon the termination of the existence of the authority, all its rights and | |
1541 | - | properties shall pass to and be vested in the state of Connecticut. | |
1542 | - | (k) Notwithstanding any provision of the general statutes, it shall not | |
1543 | - | constitute a conflict of interest for a trustee, director, partner or officer | |
1544 | - | of any person, firm or corporation, or any individual having a financial | |
1545 | - | interest in a person, firm or corporation, to serve as a director of the | |
1546 | - | authority, provided such trustee, director, partner, officer or individual | |
1547 | - | shall abstain from deliberation, action or vote by the authority in specific | |
1548 | - | respect to such person, firm or corporation. | |
1549 | - | (l) The Governor shall appoint the chairperson of the board, who shall | |
1550 | - | serve for a term of four years. The board shall elect from its members a | |
1551 | - | vice chairperson and such other officers as it deems necessary. | |
1552 | - | Vacancies among any officers shall be filled within thirty days following | |
1553 | - | the occurrence of such vacancy in the same manner as the original | |
1554 | - | selection. Said board shall establish bylaws to govern its procedures and | |
1555 | - | shall appoint such committees and advisory boards as may be | |
1556 | - | convenient or necessary in the transaction of its business. | |
1557 | - | (m) The initial members of the board may begin service immediately | |
1558 | - | upon appointment, but shall not serve past the sixth Wednesday of the | |
1559 | - | next regular session of the General Assembly unless qualified in the Substitute Senate Bill No. 904 | |
1560 | - | ||
1561 | - | Public Act No. 23-135 47 of 62 | |
1562 | - | ||
1563 | - | manner provided in section 4-7. Thereafter, all appointments shall be | |
1564 | - | made with the advice and consent of both houses of the General | |
1565 | - | Assembly, in the manner provided in section 4-19. | |
1566 | - | [(n) The executive director of the Connecticut Airport Authority shall | |
1567 | - | establish an advisory committee to consult with on matters relating to | |
1568 | - | Bradley International Airport and business related to said airport. The | |
1569 | - | committee may consist of not more than six members, one of whom | |
1570 | - | shall be appointed by the cochairpersons of the joint standing committee | |
1571 | - | of the General Assembly having cognizance of matters relating to | |
1572 | - | transportation, and one of whom shall be appointed by the ranking | |
1573 | - | members of the joint standing committee of the General Assembly | |
1574 | - | having cognizance of matters relating to transportation. The advisory | |
1575 | - | committee shall consist of residents of and representatives of businesses | |
1576 | - | located in the Bradley Airport development zone, as well as one or more | |
1577 | - | representatives from western Massachusetts. Members of such advisory | |
1578 | - | committee may attend public meetings of the Connecticut Airport | |
1579 | - | Authority and monthly managers' meetings of the Connecticut Airport | |
1580 | - | Authority.] | |
1581 | - | Sec. 32. (NEW) (Effective July 1, 2023) (a) Not later than October 1, | |
1582 | - | 2030, and biennially thereafter, the Commissioner of Transportation, in | |
1583 | - | consultation with the Commissioner of Energy and Environmental | |
1584 | - | Protection, shall establish a transportation carbon dioxide reduction | |
1585 | - | target for the state that sets the maximum amount of carbon dioxide | |
1586 | - | emissions permitted from the transportation sector. The commissioners | |
1587 | - | shall consider the long-term emission reductions required by section | |
1588 | - | 22a-200a of the general statutes when establishing the transportation | |
1589 | - | carbon dioxide reduction target. | |
1590 | - | (b) The Commissioner of Transportation shall develop and | |
1591 | - | implement a strategic plan to ensure transportation projects that are | |
1592 | - | included in the state transportation improvement plan, developed | |
1593 | - | pursuant to 49 USC 5304(g), as amended from time to time, do not Substitute Senate Bill No. 904 | |
1594 | - | ||
1595 | - | Public Act No. 23-135 48 of 62 | |
1596 | - | ||
1597 | - | exceed the maximum amount of carbon dioxide emissions established | |
1598 | - | in the transportation carbon dioxide reduction target for the state | |
1599 | - | pursuant to subsection (a) of this section. The strategic plan shall | |
1600 | - | include, but need not be limited to, (1) a definition of "transportation | |
1601 | - | project" that excludes transportation projects designated as exempt | |
1602 | - | pursuant to 40 CFR 93.126 to 40 CFR 93.128, inclusive, as amended from | |
1603 | - | time to time, (2) the methodology for calculating the carbon dioxide | |
1604 | - | emissions expected from future transportation projects, and (3) a | |
1605 | - | description of carbon dioxide mitigation transportation projects, | |
1606 | - | including, but not limited to, improving public transportation, | |
1607 | - | constructing bikeways, pedestrian walkways or other multiuse trails or | |
1608 | - | paths and installing electric vehicle charging infrastructure. Not later | |
1609 | - | than July 1, 2028, the commissioner shall submit, in accordance with the | |
1610 | - | provisions of section 11-4a of the general statutes, the strategic plan to | |
1611 | - | the joint standing committees of the General Assembly having | |
1612 | - | cognizance of matters relating to transportation and the environment. | |
1613 | - | (c) The Commissioner of Transportation, in consultation with the | |
1614 | - | Commissioner of Energy and Environmental P rotection, shall | |
1615 | - | implement a public outreach plan to ensure sufficient public and | |
1616 | - | stakeholder engagement in the development of the transportation | |
1617 | - | carbon dioxide reduction target and the strategic plan required under | |
1618 | - | subsection (b) of this section. | |
1619 | - | (d) On or before January 1, 2025, and annually thereafter until | |
1620 | - | January 1, 2030, the Commissioner of Transportation shall submit, in | |
1621 | - | accordance with the provisions of section 11-4a of the general statutes, | |
1622 | - | a report to the joint standing committees of the General Assembly | |
1623 | - | having cognizance of matters relating to transportation and the | |
1624 | - | environment. Such report shall include, but need not be limited to, the | |
1625 | - | status of the development of the transportation carbon dioxide | |
1626 | - | reduction target for the state, the strategic plan and a description and | |
1627 | - | the results of any public outreach conducted pursuant to subsection (c) Substitute Senate Bill No. 904 | |
1628 | - | ||
1629 | - | Public Act No. 23-135 49 of 62 | |
1630 | - | ||
1631 | - | of this section. | |
1632 | - | (e) On or before October 1, 2030, and biennially thereafter, the | |
1633 | - | Commissioner of Transportation shall submit, in accordance with the | |
1634 | - | provisions of section 11-4a of the general statutes, to the joint standing | |
1635 | - | committees of the General Assembly having cognizance of matters | |
1636 | - | relating to transportation and the environment, a copy of the | |
1637 | - | transportation carbon dioxide reduction target for the state and any | |
1638 | - | recommendations for legislation to implement such target. | |
1639 | - | Sec. 33. (NEW) (Effective from passage) (a) The Department of | |
1640 | - | Transportation shall develop, and thereafter revise as necessary, | |
1641 | - | guidelines governing tree and vegetation management, removal and | |
1642 | - | replacement along state highways for use by its employees and | |
1643 | - | contractors when undertaking maintenance and construction projects. | |
1644 | - | The goal of the guidelines shall be to ensure the impacts of maintenance | |
1645 | - | and construction projects on the environment, landscape and noise | |
1646 | - | pollution are balanced or outweighed by measures taken to avoid and | |
1647 | - | minimize the impacts. | |
1648 | - | (b) Such guidelines shall include, but need not be limited to, | |
1649 | - | provisions addressing (1) the safety of the traveling public; (2) general | |
1650 | - | roadside vegetation management activities performed by the | |
1651 | - | department, including, but not limited to, mowing, herbicide | |
1652 | - | application, grassing, replanting with native species whenever | |
1653 | - | practicable, limb management, tree removal and debris removal; (3) | |
1654 | - | beautification, enhancements and the effect on scenic roads designated | |
1655 | - | pursuant to section 13b-31c of the general statutes; (4) visibility | |
1656 | - | enhancement; and (5) the environmental impact of such work, including | |
1657 | - | (A) preventing invasive tree, brush or plant species' growth and impact, | |
1658 | - | (B) storm water run-off, (C) erosion, (D) replanting of vegetation species | |
1659 | - | to expand and improve pollinator habitats, as described in section 22- | |
1660 | - | 90b of the general statutes, and (E) reduced mowing. Such guidelines | |
1661 | - | shall apply to construction projects financed, in whole or in part, with Substitute Senate Bill No. 904 | |
1662 | - | ||
1663 | - | Public Act No. 23-135 50 of 62 | |
1664 | - | ||
1665 | - | federal funds to the extent such guidelines do not conflict with federal | |
1666 | - | laws and regulations. | |
1667 | - | (c) Such guidelines shall not apply to the removal of any trees or | |
1668 | - | vegetation necessary to maintain public safety or that is performed | |
1669 | - | because of a weather-related civil preparedness emergency declared | |
1670 | - | pursuant to section 28-9 of the general statutes. | |
1671 | - | (d) On or before January 1, 2024, the Commissioner of Transportation | |
1672 | - | shall submit such guidelines to the joint standing committees of the | |
1673 | - | General Assembly having cognizance of matters relating to | |
1674 | - | transportation and the environment, in accordance with the provisions | |
1675 | - | of section 11-4a of the general statutes. The committees shall hold a joint | |
1676 | - | public hearing on such guidelines and the commissioner shall present | |
1677 | - | such guidelines at the public hearing. | |
1678 | - | Sec. 34. (Effective from passage) For the purposes of this section, "Type | |
1679 | - | II project" has the same meaning as provided in 23 CFR 772.5, as | |
1680 | - | amended from time to time. The Department of Transportation shall (1) | |
1681 | - | conduct a state-wide evaluation of the feasibility and reasonableness of | |
1682 | - | constructing noise barriers for Type II projects, (2) establish a priority | |
1683 | - | rating system to rank such projects, and (3) use such system to establish | |
1684 | - | a priority list of such projects. On or before February 1, 2024, the | |
1685 | - | department shall submit the results of the evaluation and a description | |
1686 | - | of the priority ranking system and the priority list to the joint standing | |
1687 | - | committee of the General Assembly having cognizance of matters | |
1688 | - | relating to transportation, in accordance with the provisions of section | |
1689 | - | 11-4a of the general statutes. | |
1690 | - | Sec. 35. Section 19 of public act 22-44 is repealed and the following is | |
1691 | - | substituted in lieu thereof (Effective from passage) | |
1692 | - | Not later than [January] October 1, 2023, the Commissioner of Motor | |
1693 | - | Vehicles shall submit, in accordance with the provisions of section 11- Substitute Senate Bill No. 904 | |
1694 | - | ||
1695 | - | Public Act No. 23-135 51 of 62 | |
1696 | - | ||
1697 | - | 4a of the general statutes, a plan to implement a state-wide decibel level | |
1698 | - | testing program for motor vehicles and motorcycles at official emissions | |
1699 | - | inspection stations, as defined in section 14-164b of the general statutes, | |
1700 | - | and any recommendations for legislation and funding necessary for | |
1701 | - | such implementation, to the joint standing committees of the General | |
1702 | - | Assembly having cognizance of matters relating to transportation, | |
1703 | - | appropriations and the budgets of state agencies and finance, revenue | |
1704 | - | and bonding. | |
1705 | - | Sec. 36. Subsection (c) of section 14-80a of the general statutes is | |
1706 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
1707 | - | 2023): | |
1708 | - | (c) The Commissioner of Motor Vehicles shall, with the advice of the | |
1709 | - | Commissioner of Energy and Environmental Protection, adopt | |
1710 | - | regulations, in accordance with the provisions of chapter 54, | |
1711 | - | establishing (1) the maximum decibel levels permissible for motor | |
1712 | - | vehicles, which shall not exceed the maximum decibel levels established | |
1713 | - | for motor vehicles by federal law or regulation, and (2) the procedure | |
1714 | - | for testing maximum decibel levels. The commissioner shall amend such | |
1715 | - | regulations to reflect industry standards and advancements in | |
1716 | - | technology and shall submit the amended regulations to the standing | |
1717 | - | legislative regulation review committee under section 4-170 not later | |
1718 | - | than [January] October 1, 2024. | |
1719 | - | Sec. 37. (Effective October 1, 2023) On and after October 1, 2023, and | |
1720 | - | until October 1, 2024, the Department of Motor Vehicles shall establish | |
1721 | - | a pilot program to test different methodologies for inspecting the | |
1722 | - | maximum decibel level produced by a motor vehicle at five official | |
1723 | - | emission inspection stations, as defined in section 14-164b of the general | |
1724 | - | statutes, selected by the department for inclusion in such program. Such | |
1725 | - | decibel level inspection shall be conducted at the time a motor vehicle is | |
1726 | - | presented for inspection pursuant to subsection (c) of section 14-164c of | |
1727 | - | the general statutes at a selected official emissions inspection station. Substitute Senate Bill No. 904 | |
1728 | - | ||
1729 | - | Public Act No. 23-135 52 of 62 | |
1730 | - | ||
1731 | - | The maximum decibel level for a motor vehicle shall not exceed the | |
1732 | - | maximum decibel level permitted pursuant to section 14-80a of the | |
1733 | - | general statutes, as amended by this act, and any regulation adopted | |
1734 | - | thereunder. The different methodologies used to conduct such decibel | |
1735 | - | level inspections shall reflect industry standards and advancements in | |
1736 | - | technology. Not later than January 1, 2025, the department shall submit, | |
1737 | - | in accordance with the provisions of section 11-4a of the general statutes, | |
1738 | - | a report to the joint standing committees of the General Assembly | |
1739 | - | having cognizance of matters relating to transportation, appropriations | |
1740 | - | and the budgets of state agencies, and finance, revenue and bonding, | |
1741 | - | concerning the implementation of the pilot program, the results of the | |
1742 | - | different methodologies used to conduct such decibel level inspections | |
1743 | - | and recommendations for a state-wide decibel level testing program. | |
1744 | - | Sec. 38. Section 22a-201e of the general statutes is repealed and the | |
1745 | - | following is substituted in lieu thereof (Effective from passage): | |
1746 | - | On and after January 1, [2023] 2024, the Commissioner of Energy and | |
1747 | - | Environmental Protection, in consultation with the Commissioners of | |
1748 | - | Motor Vehicles, Transportation and Education, may establish, within | |
1749 | - | available funding, a voucher program to support the (1) deployment of | |
1750 | - | any vehicle [classified within Class 5 to Class 13, inclusive, by the | |
1751 | - | Federal Highway Administration's vehicle category classification | |
1752 | - | system, as amended from time to time, and any school bus classified | |
1753 | - | within Class 3 to Class 8, inclusive, by said classification system,] that is | |
1754 | - | equipped with zero-emission technology, including, but not limited to, | |
1755 | - | battery electric and fuel cell systems, and classified as a Class 2b vehicle | |
1756 | - | or Class 3 through Class 8 vehicles, as such terms are defined in 49 CFR | |
1757 | - | 523.2, as amended from time to time, or a medium duty passenger | |
1758 | - | vehicle, as defined in 49 CFR 523.2, as amended from time to time, when | |
1759 | - | sold for use by a commercial or institutional fleet, and (2) installation of | |
1760 | - | electric vehicle charging infrastructure. Applications for the voucher | |
1761 | - | program shall be filed with the Commissioner of Energy and Substitute Senate Bill No. 904 | |
1762 | - | ||
1763 | - | Public Act No. 23-135 53 of 62 | |
1764 | - | ||
1765 | - | Environmental Protection at such time and in such manner as the | |
1766 | - | commissioner prescribes. In awarding any such voucher, the | |
1767 | - | Commissioner of Energy and Environmental Protection shall consider | |
1768 | - | the amount of funding available and set aside forty per cent of such | |
1769 | - | funding to be used toward maximizing air pollution reductions in | |
1770 | - | environmental justice communities, [. Vouchers] as defined in | |
1771 | - | subsection (a) of section 22a-20a. Such vouchers shall not be awarded | |
1772 | - | for vehicle classes where there is no commercially available zero- | |
1773 | - | emission technology or for vehicles that are eligible for a rebate or | |
1774 | - | voucher under the Connecticut Hydrogen and Electric Automobile | |
1775 | - | Purchase Rebate program established pursuant to section 22a-202. | |
1776 | - | Sec. 39. Subsections (c) to (h), inclusive, of section 14-224 of the | |
1777 | - | general statutes are repealed and the following is substituted in lieu | |
1778 | - | thereof (Effective October 1, 2023): | |
1779 | - | (c) (1) No person shall operate a motor vehicle upon any public | |
1780 | - | highway or parking area for any race, contest, [or] demonstration of | |
1781 | - | speed or skill, street takeover or motor vehicle stunt. As used in this | |
1782 | - | section, "street takeover" means taking over a portion of a public | |
1783 | - | highway or parking area by blocking or impeding the regular flow of | |
1784 | - | traffic for the purpose of causing disorder or creating a nuisance to other | |
1785 | - | users of such highway or parking area. | |
1786 | - | (2) No person shall (A) possess a motor vehicle under circumstances | |
1787 | - | manifesting an intent that it be used in a race, contest, [or] | |
1788 | - | demonstration, [of speed or skill] street takeover or motor vehicle stunt | |
1789 | - | prohibited under subdivision (1) of this subsection, (B) act as a starter, | |
1790 | - | timekeeper [, judge or spectator at a] or judge at any such race, contest, | |
1791 | - | [or] demonstration, [of speed or skill prohibited under subdivision (1) | |
1792 | - | of this subsection, or] street takeover or motor vehicle stunt, (C) wager | |
1793 | - | on the outcome of [a] any such race, contest, [or] demonstration, [of | |
1794 | - | speed or skill prohibited under subdivision (1) of this subsection] street | |
1795 | - | takeover or motor vehicle stunt, or (D) knowingly encourage, promote, Substitute Senate Bill No. 904 | |
1796 | - | ||
1797 | - | Public Act No. 23-135 54 of 62 | |
1798 | - | ||
1799 | - | instigate, assist, facilitate or aid or abet any person in the performance | |
1800 | - | of any such race, contest, demonstration, street takeover or motor | |
1801 | - | vehicle stunt. | |
1802 | - | (d) Each person operating a motor vehicle who is knowingly | |
1803 | - | involved in an accident on a limited access highway which causes | |
1804 | - | damage to property only shall immediately move or cause [his] such | |
1805 | - | person's motor vehicle to be moved from the traveled portion of the | |
1806 | - | highway to an untraveled area which is adjacent to the accident site if it | |
1807 | - | is possible to move the motor vehicle without risk of further damage to | |
1808 | - | property or injury to any person. | |
1809 | - | (e) No person who acts in accordance with the provisions of | |
1810 | - | subsection (d) of this section may be considered to have violated | |
1811 | - | subdivision (3) of subsection (b) of this section. | |
1812 | - | (f) Any person who violates the provisions of subsection (a) or | |
1813 | - | subdivision (1) of subsection (b) of this section shall be fined not more | |
1814 | - | than twenty thousand dollars or be imprisoned not less than two years | |
1815 | - | or more than twenty years or be both fined and imprisoned. | |
1816 | - | (g) (1) Any person who violates the provisions of subdivision (2) of | |
1817 | - | subsection (b) of this section shall be fined not less than seventy-five | |
1818 | - | dollars or more than six hundred dollars or be imprisoned not more | |
1819 | - | than five years or be both fined and imprisoned, and for any subsequent | |
1820 | - | offense shall be fined not less than one hundred dollars or more than | |
1821 | - | one thousand dollars or be imprisoned not more than five years or be | |
1822 | - | both fined and imprisoned. | |
1823 | - | (2) Any person who violates the provisions of subdivision (3) of | |
1824 | - | subsection (b) of this section shall be fined not less than seventy-five | |
1825 | - | dollars or more than six hundred dollars or be imprisoned not more | |
1826 | - | than one year or be both fined and imprisoned, and for any subsequent | |
1827 | - | offense shall be fined not less than one hundred dollars or more than Substitute Senate Bill No. 904 | |
1828 | - | ||
1829 | - | Public Act No. 23-135 55 of 62 | |
1830 | - | ||
1831 | - | one thousand dollars or be imprisoned not more than one year or be | |
1832 | - | both fined and imprisoned. | |
1833 | - | [(2)] (3) Any person who violates the provisions of subdivision (1) of | |
1834 | - | subsection (c) of this section shall be fined not less than one hundred | |
1835 | - | fifty dollars or more than six hundred dollars or be imprisoned not more | |
1836 | - | than one year or be both fined and imprisoned, and for any subsequent | |
1837 | - | offense shall be fined not less than three hundred dollars or more than | |
1838 | - | one thousand dollars or be imprisoned not more than one year or be | |
1839 | - | both fined and imprisoned. | |
1840 | - | [(3) Any person who violates the provisions of subdivision (3) of | |
1841 | - | subsection (b) or subdivision (2) of subsection (c) of this section shall be | |
1842 | - | fined not less than seventy-five dollars or more than six hundred dollars | |
1843 | - | or be imprisoned not more than one year or be both fined and | |
1844 | - | imprisoned, and for any subsequent offense shall be fined not less than | |
1845 | - | one hundred dollars or more than one thousand dollars or be | |
1846 | - | imprisoned not more than one year or be both fined and imprisoned.] | |
1847 | - | (4) Any person who violates the provisions of subdivision (2) of | |
1848 | - | subsection (c) of this section shall be fined not more than one thousand | |
1849 | - | dollars or be imprisoned not more than six months or be both fined and | |
1850 | - | imprisoned. | |
1851 | - | (h) In addition to any penalty imposed pursuant to subsection (g) of | |
1852 | - | this section: (1) If any person is convicted of a violation of subdivision | |
1853 | - | (1) of subsection (c) of this section and the motor vehicle being operated | |
1854 | - | by such person at the time of the violation is registered to such person, | |
1855 | - | the court may order such motor vehicle to be impounded for not more | |
1856 | - | than thirty days and such person shall be responsible for any fees or | |
1857 | - | costs resulting from such impoundment; or (2) if any person is convicted | |
1858 | - | of a violation of subdivision (1) of subsection (c) of this section and the | |
1859 | - | motor vehicle being operated by such person at the time of the violation | |
1860 | - | is not registered to such person, the court may fine such person not more Substitute Senate Bill No. 904 | |
1861 | - | ||
1862 | - | Public Act No. 23-135 56 of 62 | |
1863 | - | ||
1864 | - | than two thousand dollars, and for any subsequent offense may fine | |
1865 | - | such person not more than three thousand dollars. | |
1866 | - | Sec. 40. Section 14-96q of the general statutes is repealed and the | |
1867 | - | following is substituted in lieu thereof (Effective October 1, 2023): | |
1868 | - | (a) A permit is required for the use of colored or flashing lights on all | |
1869 | - | motor vehicles or equipment specified in this section except: (1) Motor | |
1870 | - | vehicles not registered in this state used for transporting or escorting | |
1871 | - | any vehicle or load, or combinations thereof, which is either oversize or | |
1872 | - | overweight, or both, when operating under a permit issued by the | |
1873 | - | Commissioner of Transportation pursuant to section 14-270; or (2) | |
1874 | - | motor vehicles or equipment that are (A) equipped with lights in | |
1875 | - | accordance with this section, (B) owned or leased by the federal | |
1876 | - | government, the state of Connecticut, or any other state, commonwealth | |
1877 | - | or local municipality, and (C) registered to such governmental entity. | |
1878 | - | When used in this section, the term "flashing" shall be considered to | |
1879 | - | include the term "revolving". | |
1880 | - | (b) The Commissioner of Motor Vehicles, or such other person | |
1881 | - | specifically identified in this section, [is authorized to] may issue | |
1882 | - | permits for the use of colored or flashing lights on vehicles in accordance | |
1883 | - | with this section, at the commissioner's or such person's discretion. Any | |
1884 | - | person, firm or corporation other than the state or any metropolitan | |
1885 | - | district, town, city or borough shall pay an annual permit fee of twenty | |
1886 | - | dollars to the commissioner for each such vehicle. Such fee shall apply | |
1887 | - | only to permits issued by the commissioner. | |
1888 | - | (c) A flashing blue light or lights may be used on a motor vehicle | |
1889 | - | operated by an active member of a volunteer fire department or | |
1890 | - | company or an active member of an organized civil preparedness | |
1891 | - | auxiliary fire company who has been issued a permit by the chief | |
1892 | - | executive officer of such department or company to use a flashing blue | |
1893 | - | light or lights while on the way to or at the scene of a fire or other Substitute Senate Bill No. 904 | |
1894 | - | ||
1895 | - | Public Act No. 23-135 57 of 62 | |
1896 | - | ||
1897 | - | emergency requiring such member's services. Such permit shall be on a | |
1898 | - | form provided by the commissioner and may be revoked by such chief | |
1899 | - | executive officer or successor. The chief executive officer of each | |
1900 | - | volunteer fire department or company or organized civil preparedness | |
1901 | - | auxiliary fire company shall keep on file, on forms provided by the | |
1902 | - | commissioner, the names and addresses of members who have been | |
1903 | - | authorized to use a flashing blue light or lights as provided in this | |
1904 | - | subsection. Such listing shall also designate the registration number of | |
1905 | - | the motor vehicle on which authorized a flashing blue light or lights are | |
1906 | - | to be used. | |
1907 | - | (d) A [green light or lights, including a] flashing green or blue light | |
1908 | - | or lights [,] may be used on a motor vehicle operated by an active | |
1909 | - | member of a volunteer ambulance association or company who has | |
1910 | - | been issued a permit by the chief executive officer of such association or | |
1911 | - | company to use such a light or lights, while on the way to or at the scene | |
1912 | - | of an emergency requiring such member's services. Such permit shall be | |
1913 | - | on a form provided by the commissioner and may be revoked by such | |
1914 | - | chief executive officer or successor. The chief executive officer of each | |
1915 | - | volunteer ambulance association or company shall keep on file, on | |
1916 | - | forms provided by the commissioner, the names and addresses of | |
1917 | - | members who have been authorized to use a flashing green or blue light | |
1918 | - | or lights as provided in this subsection. Such listing shall also designate | |
1919 | - | the registration number of the motor vehicle on which the authorized | |
1920 | - | flashing green or blue light or lights are to be used. | |
1921 | - | (e) The commissioner may issue a permit for a flashing red light or | |
1922 | - | lights which may be used on a motor vehicle or equipment (1) used by | |
1923 | - | paid fire chiefs and their deputies and assistants, up to a total of five | |
1924 | - | individuals per department, (2) used by volunteer fire chiefs and their | |
1925 | - | deputies and assistants, up to a total of five individuals per department, | |
1926 | - | (3) used by members of the fire police on a stationary vehicle as a | |
1927 | - | warning signal during traffic directing operations at the scene of a fire Substitute Senate Bill No. 904 | |
1928 | - | ||
1929 | - | Public Act No. 23-135 58 of 62 | |
1930 | - | ||
1931 | - | or emergency, (4) used by chief executive officers of emergency medical | |
1932 | - | service organizations, as defined in section 19a-175, the first or second | |
1933 | - | deputies, or if there are no deputies, the first or second assistants, of such | |
1934 | - | an organization that is a municipal or volunteer or licensed | |
1935 | - | organization, (5) used by local fire marshals, [or] (6) used by directors of | |
1936 | - | emergency management, or (7) used by a constable, appointed pursuant | |
1937 | - | to an ordinance authorized by section 9-185 or elected pursuant to | |
1938 | - | section 9-200, on a stationary vehicle as a warning signal during traffic | |
1939 | - | directing operations. | |
1940 | - | (f) The commissioner may issue a permit for a yellow or amber light | |
1941 | - | or lights, including a flashing yellow or amber light or lights, which may | |
1942 | - | be used on motor vehicles or equipment that are (1) specified in | |
1943 | - | subsection (e) of this section, (2) maintenance vehicles, or (3) vehicles | |
1944 | - | transporting or escorting any vehicle or load or combinations thereof, | |
1945 | - | which is or are either oversize or overweight, or both, and being | |
1946 | - | operated or traveling under a permit issued by the Commissioner of | |
1947 | - | Transportation pursuant to section 14-270. A yellow or amber light or | |
1948 | - | lights, including a flashing yellow or amber light or lights, may be used | |
1949 | - | without obtaining a permit from the Commissioner of Motor Vehicles | |
1950 | - | on wreckers registered pursuant to section 14-66, on vehicles of carriers | |
1951 | - | in rural mail delivery service or on vehicles operated by construction | |
1952 | - | inspectors employed by the state of Connecticut, authorized by the | |
1953 | - | Commissioner of Transportation, used during the performance of | |
1954 | - | inspections on behalf of the state. The Commissioner of Transportation | |
1955 | - | shall maintain a list of such authorized construction inspectors, | |
1956 | - | including the name and address of each inspector and the registration | |
1957 | - | number for each vehicle on which the light or lights are to be used. | |
1958 | - | (g) The Commissioner of Motor Vehicles may issue a permit for a | |
1959 | - | white light or lights, including a flashing white light or lights, which | |
1960 | - | may be used on a motor vehicle or equipment as specified in subdivision | |
1961 | - | (1), (2), (4), (5) or (6) of subsection (e) of this section. A vehicle being Substitute Senate Bill No. 904 | |
1962 | - | ||
1963 | - | Public Act No. 23-135 59 of 62 | |
1964 | - | ||
1965 | - | operated by a member of a volunteer fire department or company or a | |
1966 | - | volunteer emergency medical technician may use flashing white head | |
1967 | - | lamps, provided such member or emergency medical technician is on | |
1968 | - | the way to the scene of a fire or medical emergency and has received | |
1969 | - | written authorization from the chief law enforcement officer of the | |
1970 | - | municipality to use such head lamps. Such head lamps shall only be | |
1971 | - | used within the municipality granting such authorization or from a | |
1972 | - | personal residence or place of employment, if located in an adjoining | |
1973 | - | municipality. Such authorization may be revoked for use of such head | |
1974 | - | lamps in violation of this subdivision. For the purposes of this | |
1975 | - | subsection, the term "flashing white lights" shall not include the | |
1976 | - | simultaneous flashing of head lamps. | |
1977 | - | (h) The commissioner may issue a permit for emergency vehicles, as | |
1978 | - | defined in subsection (a) of section 14-283, to use a blue, red, yellow, or | |
1979 | - | white light or lights, including a flashing light or lights or any | |
1980 | - | combination thereof, except as provided in subsection (k) of this section. | |
1981 | - | (i) The commissioner may issue a permit for ambulances, as defined | |
1982 | - | in section 19a-175, which may, in addition to the flashing light or lights | |
1983 | - | allowed in subsection (h) of this section, use flashing lights of other | |
1984 | - | colors specified by federal requirements for the manufacture of an | |
1985 | - | ambulance. If the commissioner issues a permit for any ambulance, such | |
1986 | - | permit shall be issued at the time of registration and upon each renewal | |
1987 | - | of such registration. | |
1988 | - | (j) A green, yellow or amber light or lights, including a flashing green, | |
1989 | - | yellow or amber light or lights or any combination thereof, may be used | |
1990 | - | on a maintenance vehicle owned and operated by the Department of | |
1991 | - | Transportation. | |
1992 | - | (k) No person, other than a police officer or inspector of the | |
1993 | - | Department of Motor Vehicles operating a state or local police vehicle, | |
1994 | - | shall operate a motor vehicle displaying a steady blue or steady red Substitute Senate Bill No. 904 | |
1995 | - | ||
1996 | - | Public Act No. 23-135 60 of 62 | |
1997 | - | ||
1998 | - | illuminated light or both steady blue and steady red illuminated lights | |
1999 | - | that are visible externally from the front of the vehicle. | |
2000 | - | (l) Use of colored and flashing lights except as authorized by this | |
2001 | - | section shall be an infraction. | |
2002 | - | Sec. 41. (Effective from passage) A portion of Connecticut Route 3 from | |
2003 | - | the intersection with Connecticut Route 99 travelling in an easterly | |
2004 | - | direction to Elm Street in the town of Wethersfield shall be designated | |
2005 | - | as the "Edwin H. May, Jr. Memorial Highway". | |
2006 | - | Sec. 42. (Effective from passage) Local Bridge No. 06581 carrying | |
2007 | - | Church Street South No. 2 in the city of New Haven shall be designated | |
2008 | - | as the "William "King" Lanson Memorial Bridge". | |
2009 | - | Sec. 43. (Effective from passage) Bridge No. 01487 carrying Connecticut | |
2010 | - | Route 177 over the Farmington River in the town of Farmington shall be | |
2011 | - | designated as "The Unionville Bridge". | |
2012 | - | Sec. 44. (Effective from passage) A portion of Connecticut Route 185 | |
2013 | - | from the intersection with Connecticut Route 10 travelling in an easterly | |
2014 | - | direction to the Simsbury-Bloomfield town line in the town of Simsbury | |
2015 | - | shall be designated as the "Simsbury Volunteer Fire Company Memorial | |
2016 | - | Highway". | |
2017 | - | Sec. 45. (Effective from passage) A portion of Connecticut Route 337 | |
2018 | - | from Pope Street traveling in a southerly direction to Fort Hale Park | |
2019 | - | Road in the city of New Haven shall be designated as the "Zayne | |
2020 | - | Thomas Memorial Highway". | |
2021 | - | Sec. 46. Section 35 of public act 01-105 is repealed and the following | |
2022 | - | is substituted in lieu thereof (Effective from passage): | |
2023 | - | Bridge [Number] No. 5337 [, located] on Connecticut Route 175 [in | |
2024 | - | Newington, running in a generally easterly direction, passing over] Substitute Senate Bill No. 904 | |
2025 | - | ||
2026 | - | Public Act No. 23-135 61 of 62 | |
2027 | - | ||
2028 | - | overpassing Mill Brook [,] in the town of Newington shall be designated | |
2029 | - | the ["Andrew] "Police Chief Andrew J. McCusker, Jr. Memorial Bridge". | |
2030 | - | Sec. 47. (Effective from passage) Bridge No. 00505 carrying State Road | |
2031 | - | 816 (Church Hill Road) over Interstate 84 eastbound and westbound in | |
2032 | - | the town of Newtown shall be designated as the "Chief William T. | |
2033 | - | Halstead Memorial Bridge". | |
2034 | - | Sec. 48. (Effective from passage) A portion of Connecticut Route 372 | |
2035 | - | from the intersection of Olson Avenue travelling in a westerly direction | |
2036 | - | to the intersection of Hicksville Road in the town of Cromwell shall be | |
2037 | - | designated as the "Mayor Allan Spotts Memorial Highway". | |
2038 | - | Sec. 49. (Effective from passage) A portion of Connecticut Route 156 | |
2039 | - | from the Lieutenant River Bridge (Bridge No. 01392) travelling in an | |
2040 | - | easterly direction to Black Hall River Bridge (Bridge No. 01395) in the | |
2041 | - | town of Old Lyme shall be designated as the "Mervin F. Roberts | |
2042 | - | Memorial Highway". | |
2043 | - | Sec. 50. (Effective from passage) A portion of Connecticut Route 154 | |
2044 | - | from the intersection of Mill Rock Road East travelling in a northerly | |
2045 | - | direction to the northern junction with Bokum Road in the town of Old | |
2046 | - | Saybrook shall be designated as the "Velma Thomas Memorial | |
2047 | - | Highway". | |
2048 | - | Sec. 51. (Effective from passage) A portion of Connecticut Route 145 | |
2049 | - | from the intersection of Grove Beach Road North travelling in a | |
2050 | - | northerly direction to the intersection of Lost Pond Lane in the town of | |
2051 | - | Westbrook shall be designated as the "Paul J. Connelly Memorial | |
2052 | - | Highway". | |
2053 | - | Sec. 52. Subsection (c) of section 15-120nn of the general statutes is | |
2054 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
2055 | - | 2023): Substitute Senate Bill No. 904 | |
2056 | - | ||
2057 | - | Public Act No. 23-135 62 of 62 | |
2058 | - | ||
2059 | - | (c) The authority may purchase or acquire title in fee simple to, or any | |
2060 | - | lesser estate, interest or right in, any airport, restricted landing area or | |
2061 | - | other air navigation facility owned or controlled by any municipality or | |
2062 | - | by any two or more municipalities jointly or by any other person, except | |
2063 | - | any such purchase of an airport owned by a municipality shall be subject | |
2064 | - | to the approval of the legislative body of the municipality within whose | |
2065 | - | territorial limits the airport is located. | |
2066 | - | Sec. 53. Sections 13b-44a, 13b-50b, 15-101t and 15-101pp of the general | |
2067 | - | statutes are repealed. (Effective July 1, 2023) | |
866 | + | TRA Joint Favorable Subst. | |
2068 | 867 |