House Bill No. 6778

Public Act No. 01-143

AN ACT CONCERNING THE CONNECTICUT COASTLINE PORT AUTHORITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 32-425 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 32-425 to 32-434, inclusive:

(1) "Authority" means the Connecticut [Coastline] Port Authority.

(2) "Board" means the board of directors of the authority.

(3) "Director" means a member of the board.

(4) "Executive director" means the chief executive and administrative officer of the authority.

(5) "Federal government" means the United States of America, the President of the United States of America and any department or corporation, agency, or instrumentality created, designated or established before or after July 1, 1993, by the United States of America.

(6) "Port" means all ports, harbors and navigable tidal rivers of [Bridgeport, New Haven and New London] the state, from the head of navigation to the seaward limits within the jurisdiction of the state.

(7) "State" means the state of Connecticut.

Sec. 2. Section 32-426 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is hereby created a body politic and corporate to be known as the "Connecticut [Coastline] Port Authority". [, hereinafter referred to as the authority.] The authority is constituted a public instrumentality and political subdivision of the state and the exercise by the authority of the powers conferred in sections 32-425 to 32-434, inclusive, as amended by this act, shall be deemed and held to be the performance of an essential public and governmental function. The Connecticut [Coastline] Port Authority shall not be construed to be a department, institution or agency of the state.

(b) The authority shall be governed by a board of directors consisting of the Commissioners of Transportation and Economic and Community Development, serving ex officio; one port professional from each of the port areas of Bridgeport, New Haven and New London designated by the chairman of the Bridgeport Port Authority, the chairman of the New Haven Harbor Cooperative and the chief executive officer of the city of New London, respectively, provided in no event shall there be more than one representative from a single business entity, each serving as ex-officio nonvoting members; six members appointed by the Governor, one of whom shall be a resident of the city of New London, one of whom shall be a resident of the city of New Haven and one of whom shall be a resident of the city of Bridgeport; and six members appointed as follows: One by the president pro tempore of the Senate, one by the majority leader of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives, one by the majority leader of the House of Representatives and one by the minority leader of the House of Representatives. The Commissioner of Transportation or the Commissioner of Economic and Community Development may designate [his] a deputy or any member of [his] the commissioner's staff to represent [him] the commissioner at meetings of the authority, with full power to act and vote [in his behalf] on behalf of the commissioner. The term of each member of the board shall be coterminous with the term of the appointing authority for such member or until a successor is chosen, whichever is later. The Governor shall fill any vacancy for the unexpired term of a member appointed by the Governor. The appropriate appointing authority shall fill any vacancy for the unexpired term of a member appointed by the appointing authority. Whenever there is a vacancy, other than with regard to an ex-officio member, the executive director shall send written notice of the vacancy to the appointing authority for such vacant position. For the purposes of this section, "port professional" means an individual actively engaged in port operations.

(c) The Commissioner of Transportation shall serve as chairperson of the board. The directors shall annually elect one of their number as secretary. The board may elect such other officers of the board as it deems proper. Members shall receive no compensation for the performance of their duties, [hereunder] but shall be reimbursed for necessary expenses incurred in the performance thereof.

(d) Each director of the authority, before entering upon [his duties] the duties of the position, shall take and subscribe the oath or affirmation required by article eleventh, section 1, of the constitution. A record of each such oath or affirmation shall be filed in the office of the Secretary of the State. The board [of directors of the authority] shall adopt written procedures, in accordance with the provisions of section 1-121, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the authority including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal and other professional services, including a requirement that the authority solicit proposals at least once every three years for each such service which it uses; and (5) the use of surplus funds to the extent authorized under sections 32-425 to 32-434, inclusive, as amended by this act, or other provisions of the general statutes.

(e) No trustee, director, partner or officer of any person, firm or corporation which owns port facilities, or individual having a financial interest in any such person, firm or corporation, shall serve as a member of the board. [of directors of the authority.] No provision of this subsection shall prohibit a governmental employee from serving as a member of [said] the board.

(f) The Commissioner of Transportation shall, within available appropriations, provide administrative or other services to the authority.

Sec. 3. Section 32-430 of the general statutes is repealed and the following is substituted in lieu thereof:

The purpose of the authority shall be to promote the economic development of the port areas [of Bridgeport, New Haven and New London] in the state, in support of the entities operating [said] such port areas, by (1) providing economic development planning, (2) identifying new opportunities for the ports, (3) encouraging year-round use of water-related industries, (4) ensuring competitiveness of port resources, (5) analyzing the potential for private investment in said ports, (6) analyzing the types of industries that could utilize the ports, (7) determining port-related capital spending needs, (8) recommending investments in port infrastructures, (9) working with other agencies to maintain utility and other infrastructure capabilities of the ports, (10) improving the competitive position of the ports through unified marketing, (11) strengthening the niche market of each port to ensure an identifiable competitive advantage, (12) reviewing ocean-borne international trade in New England, analyzing historical trends and forecasting future cargo flows at the ports, and (13) maintaining a current impact analysis for each port and for the state port system as a whole. No provision of sections 32-425 to 32-434, inclusive, as amended by this act, shall be construed to limit the powers and duties of the Commissioner of Transportation with regard to the operation and development of ports.

Sec. 4. Subsection (l) of section 1-79 of the general statutes is repealed and the following is substituted in lieu thereof:

(l) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Education Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Hazardous Waste Management Service, Lower Fairfield County Convention Center Authority, Capital City Economic Development Authority and Connecticut [Coastline] Port Authority.

Sec. 5. Subdivision (1) of section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof:

(1) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Educational Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Hazardous Waste Management Service, Connecticut [Coastline] Port Authority, Capital City Economic Development Authority and Connecticut Lottery Corporation.

Sec. 6. Section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof:

The directors, officers and employees of the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Health and Educational Facilities Authority, Capital City Economic Development Authority, Connecticut Lottery Corporation and Connecticut [Coastline] Port Authority and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee. The agency shall protect, save harmless and indemnify its directors, officers or employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.

Sec. 7. Subdivision (4) of section 7-329b of the general statutes is repealed and the following is substituted in lieu thereof:

(4) "Port facilities" means (A) wharves, docks, piers, vessels, air or bus terminals, railroad tracks or terminals, cold storage and refrigerating plants, warehouses, elevators, freight-handling machinery and such equipment as is used in the handling of freight, passengers and vessels, vehicles, and the establishment and operation of a port and any other works, vessels, vehicles, rolling stock, properties, buildings, structures or other facilities necessary or desirable for commerce and industry or waterfront development within a district or in connection with the development and operation of port facilities, or (B) manufacturing and industrial facilities, recreational and entertainment facilities, residential facilities or other commercial facilities necessary for commerce and industry or waterfront development within a district, and (C) located within [the geographic boundaries of] or benefiting the district.

Sec. 8. This act shall take effect from its passage.

Approved July 6, 2001