
General Assembly |
File No. 597 |
February Session, 2006 |
House of Representatives, April 21, 2006
The Committee on Finance, Revenue and Bonding reported through REP. STAPLES of the 96th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING STATE-WIDE TRANSPORTATION IMPROVEMENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2006) Sections 1 to 10, inclusive, of this act may be cited as the Transportation Revitalization and Improvement Now Act of 2006.
Sec. 2. (NEW) (Effective July 1, 2006) As used in sections 1 to 10, inclusive, of this act, subsection (c) of section 4-66c of the 2006 supplement to the general statutes, as amended by this act, subsection (a) of section 13b-38bb of the 2006 supplement to the general statutes, subsection (a) of section 13b-57i of the 2006 supplement to the general statutes, as amended by this act, section 13b-61a of the 2006 supplement to the general statutes, as amended by this act, and subsection (a) of section 13b-78p of the general statutes:
(1) "Commissioner" means the Commissioner of Transportation;
(2) "Department" means the Department of Transportation;
(3) "Secretary" means the Secretary of the Office of Policy and Management;
(4) "Treasurer" means the Treasurer of the state of Connecticut;
(5) "Transportation Strategy Board" means the board created by section 13b-57e of the general statutes, as amended by this act;
(6) "New Haven Line" means the rail passenger service operated between New Haven and intermediate points and Grand Central station, including the Danbury, Waterbury and New Canaan branch lines;
(7) "Branch Lines" means the Danbury, Waterbury and New Canaan branches of the New Haven Line;
(8) "Shore Line East" means the rail service operating between New Haven and New London;
(9) "Strategic Transportation Project" means: (A) The state's share of the capital costs of the New Britain-Hartford busway; (B) capital costs related to the restoration of a commuter rail service on the New Haven-Hartford-Springfield line, including shuttle bus service between the rail line and Bradley International Airport; (C) rehabilitation of rail passenger coaches for use on Shore Line East, the New Haven-Hartford-Springfield line and the Branch Lines; (D) the state share of the capital cost of the West Haven rail station; (E) the cost of capital improvements on the Branch Lines; (F) the capital costs of parking improvements on the New Haven Line, Shore Line East and the Branch Lines; or (G) capital costs of Greater Hartford highway infrastructure improvements in support of economic development. Strategic Transportation Projects are not "TSB projects" for the purposes of section 13b-57i of the 2006 supplement to the general statutes, as amended by this act.
Sec. 3. (NEW) (Effective July 1, 2006) The State Bond Commission shall have power, in accordance with the provisions of sections 3 to 8, inclusive, of this act, to authorize the issuance of special tax obligation bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding $344,000,000, provided: (1) $65,000,000 shall be effective July 1, 2006, (2) $65,000,000 shall be effective July 1, 2007, (3) $68,000,000 shall be effective July 1, 2008, (4) $55,000,000 shall be effective July 1, 2009, (5) $50,000,000 shall be effective July 1, 2010, (6) $22,000,000 shall be effective July 1, 2011, and (7) $19,000,000 shall be effective July 1, 2012. Each such authorization shall include the amount authorized and the project or projects for which the proceeds of the bonds will be used.
Sec. 4. (NEW) (Effective July 1, 2006) The proceeds of the sale of the bonds to the extent hereinafter stated shall be used for the purpose of payment of the transportation costs, as defined in subdivision (6) of section 13b-75 of the general statutes with respect to the projects and uses hereinafter described, which projects and uses are hereby found and determined to be in furtherance of one or more of the authorized purposes for the issuance of special tax obligation bonds set forth in section 13b-74 of the 2006 supplement to the general statutes.
For the Department of Transportation:
(1) For the Bureau of Public Transportation: Strategic transportation projects, as defined in section 2 of this act, including value engineering, environmental assessment and planning, rights-of-way and property acquisition, as follows: (A) New Britain-Hartford Busway, not to exceed $52,000,000; (B) New Haven-Hartford-Springfield rail project, including connector bus service between the New Haven-Hartford-Springfield rail line and Bradley International Airport, not to exceed $146,000,000; (C) rail coach rehabilitation, not to exceed $25,000,000; (D) West Haven rail station and parking, not to exceed $11,000,000; (E) branch line improvements, not to exceed $45,000,000; and (F) rail station and parking improvements, not to exceed $40,000,000.
(2) For the Bureau of Engineering and Highways: Greater Hartford highway infrastructure improvements, including environmental assessment and planning, rights-of-way and property acquisition, not to exceed $25,000,000.
Sec. 5. (NEW) (Effective July 1, 2006) None of the bonds issued pursuant to sections 3 to 8, inclusive, of this act, shall be authorized except upon a finding by the State Bond Commission that there has been filed with it (1) a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in its discretion, may require, and (2) any capital development impact statement and any human services facility colocation statement required to be filed with the Secretary of the Office of Policy and Management pursuant to section 4b-23 of the 2006 supplement to the general statutes, any advisory report regarding the state conservation and development policies plan required pursuant to section 16a-31 of the general statutes, and any statement regarding farmland required pursuant to subsection (g) of section 3-20 of the 2006 supplement to the general statutes and section 22-6 of the general statutes, provided the State Bond Commission may authorize the bonds without a finding that the reports and statements required by subdivision (2) of this section have been filed with it if the commission authorizes the secretary of the commission to accept the reports and statements on its behalf. No funds derived from the sale of bonds authorized by the commission without a finding that the reports and statements required by subdivision (2) of this section have been filed with it shall be allotted by the Governor for any project until the reports and statements required by subdivision (2) of this section, with respect to the project, have been filed with the secretary of the commission.
Sec. 6. (NEW) (Effective July 1, 2006) For the purposes of sections 3 to 8, inclusive, of this act, each request filed as provided in section 5 of this act for an authorization of bonds shall identify the project for which the proceeds of the sale of the bonds are to be used and expended and, in addition to any terms and conditions required pursuant to section 5 of this act, include the recommendation of the person signing the request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available from the proceeds of bonds and temporary notes issued in anticipation of the receipt of the proceeds of bonds. If the request includes a recommendation that some amount of the federal, private or other moneys should be added to the state moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of the bonds, the amount of the federal, private or other moneys then available or thereafter to be made available for costs in connection with the project shall be added to the state moneys.
Sec. 7. (NEW) (Effective July 1, 2006) Any balance of proceeds of the sale of the bonds authorized for the projects or purposes of section 4 of this act in excess of the aggregate costs of all the projects so authorized shall be used in the manner set forth in sections 13b-74 to 13b-77, inclusive, of the 2006 supplement to the general statutes and in the proceedings of the State Bond Commission respecting the issuance and sale of the bonds.
Sec. 8. (NEW) (Effective July 1, 2006) The bonds issued pursuant to sections 3 to 8, inclusive, of this act, shall be special obligations of the state and shall neither be payable from nor charged upon any funds other than revenues of the state pledged therefor in subsection (b) of section 13b-61 of the 2006 supplement to the general statutes, as amended by this act, and section 13b-69 of the general statutes, as amended by this act, or such other receipts, funds or moneys as may be pledged therefor. The bonds shall neither be payable from nor charged upon any funds other than the pledged revenues or such other receipts, funds or moneys as may be pledged therefor. The state or any political subdivision of the state shall not be subject to any liability thereon, except to the extent of the pledged revenues or such other receipts, funds or moneys as may be pledged therefor. The bonds shall be issued under and in accordance with the provisions of sections 13b-74 to 13b-77, inclusive, of the 2006 supplement to the general statutes.
Sec. 9. (NEW) (Effective July 1, 2006) The Department of Transportation may solicit bids or qualifications for equipment, materials or services for a project funded pursuant to sections 1 to 8, inclusive, of this act at any time in the fiscal year, notwithstanding the fact that all required funds may not be available for the expenditure until later in the same or succeeding fiscal year.
Sec. 10. (NEW) (Effective July 1, 2006) (a) The Commissioner of Transportation is authorized and directed to, in consultation with the Secretary of the Office of Policy and Management and with the approval of the Governor, enter into any agreements with the National Rail Passenger Corporation or its successor in interest necessary for the operation of rail passenger service on the New Haven-Hartford-Springfield rail line.
(b) The commissioner is authorized and directed to, in consultation with the secretary and with approval of the Governor, enter into any agreements with the Commonwealth of Massachusetts or any entity authorized to act on its behalf, which are necessary for the state's participation in the provision of rail passenger service on the New Haven-Hartford-Springfield rail line.
(c) The commissioner is authorized and directed to, in consultation with the secretary and with the approval of the Governor, select through a competitive process and contract with an operator or operators for rail service on the New Haven-Hartford-Springfield rail line.
Sec. 11. Subsection (b) of section 4-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(b) There shall be such undersecretaries as may be necessary for the efficient conduct of the business of the office. Each such undersecretary shall be appointed by the secretary and shall be qualified and experienced in the functions to be performed by him. The positions of each such undersecretary shall be exempt from the classified service. One such undersecretary shall be the Undersecretary of Transit and Growth, whose duties shall be as provided in chapter 242a.
Sec. 12. Subsection (c) of section 4-66c of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(c) Any proceeds from the sale of bonds authorized pursuant to subsections (a) and (b) of this section or of temporary notes issued in anticipation of the moneys to be derived from the sale of such bonds may be used to fund grants-in-aid to municipalities or the grant-in-aid programs of said departments, including, but not limited to, financial assistance and expenses authorized under chapters 128, 129, 130, 133, 136 and 298, and section 16a-40a, provided any such program shall be implemented in an eligible municipality or is for projects in other municipalities which the State Bond Commission determines will help to meet the goals set forth in section 4-66b. For the purposes of this section, "eligible municipality" means a municipality which is economically distressed within the meaning of subsection (b) of section 32-9p, which is classified as an urban center in any plan adopted by the General Assembly pursuant to section 16a-30, as amended, which is classified as a public investment community within the meaning of subdivision (9) of subsection (a) of section 7-545, or in which the State Bond Commission determines that the project in question will help meet the goals set forth in section 4-66b. Notwithstanding the provisions of this subsection, proceeds from the sale of bonds pursuant to this section may, with the approval of the State Bond Commission, be used for transit-oriented development projects in any municipality.
Sec. 13. Section 13b-57e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) There is established the Connecticut Transportation Strategy Board, the members of which shall be appointed as follows:
(1) Five members from the private sector who have expertise in transportation, business, finance or law as follows: (A) The Governor shall appoint one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005, (B) the president pro tempore of the Senate shall appoint one member whose first term shall expire on June 30, 2004, (C) the speaker of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2003, (D) the minority leader of the Senate shall appoint one member whose first term shall expire on June 30, 2003, and (E) the minority leader of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2002;
(2) One member from each TIA, for which position the chairpersons of the board of the local planning agencies in such TIA, after consulting with the participants in such TIA, shall nominate, for consideration by the appointing authority, three individuals who live in such TIA and who have significant experience in and knowledge of local, regional and state governmental processes, including at least one chief elected official in a town in such TIA, and who shall be appointed as follows: (A) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation shall appoint one member from the southeast corridor TIA, whose first term shall expire on June 30, 2002, (B) the president pro tempore of the Senate shall appoint one member from the I-91 corridor TIA, whose first term shall expire on June 30, 2003, (C) the speaker of the House of Representatives shall appoint one member from the coastal corridor TIA, whose first term shall expire on June 30, 2004, (D) the majority leader of the Senate shall appoint one member from the I-395 corridor TIA, whose first term shall expire on June 30, 2005, and (E) the majority leader of the House of Representatives shall appoint one member from the I-84 corridor TIA, whose first term shall expire on June 30, 2005; and
(3) The Commissioners of Transportation, Environmental Protection, Economic and Community Development and Public Safety, [and] the Secretary of the Office of Policy and Management and the Undersecretary of Transit and Growth within the Office of Policy and Management.
(b) Upon the expiration of the term of a member of the board who is appointed as provided in subdivision (1) or (2) of subsection (a) of this section, each subsequent appointee to the board shall serve for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. A vacancy in the position of an appointed board member shall be filled by the appointing authority for the remainder of the term.
(c) The board may establish such subcommittees as it deems appropriate and appoint the members of such subcommittees from among its members. Ten members of the board shall be present to constitute a quorum.
(d) The members of the board shall not be compensated for their service as members of the board.
(e) The board may issue guidelines for coordination and organization to the TIAs. These guidelines shall not constitute regulations, as defined in subdivision (13) of section 4-166.
(f) (1) The Undersecretary of Transit and Growth within the Office of Policy and Management, appointed pursuant to section 4-65a, as amended by this act, shall be the executive director of the board and shall be responsible for the work of the board, including overseeing the implementation of board initiatives. Said undersecretary shall consult with the agencies represented on the board pursuant to subsection (a) of this section when performing his or her duties but shall report to the Secretary of the Office of Policy and Management. Said undersecretary shall make recommendations to the board and to said secretary that (A) foster regional commuter and freight initiatives with neighboring Northeastern states, and (B) identify potential public-private partnerships with regard to Transportation Strategy Board projects, as defined in section 13b-57h, as amended by this act.
(2) The Department of Transportation, the Office of Policy and Management and the Department of Economic and Community Development shall provide staff assistance to the board, at the direction of the Undersecretary of Transit and Growth. Within available appropriations, the board may hire consultants with approval by the undersecretary, in consultation with the Secretary of the Office of Policy and Management and such consultants shall be procured through the Department of Transportation.
(g) The Transportation Strategy Board is a public agency, as defined in section 1-200, for purposes of the Freedom of Information Act, and is a quasi-public agency, as defined in section 1-79, as amended, for purposes of chapter 10.
Sec. 14. Subsection (k) of section 13b-57g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(k) The [board shall] Undersecretary of Transit and Growth shall, after consultation with the board, submit the following reports, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding: (1) Not later than January 15, 2002, an initial strategy and preliminary projections of the cost necessary to implement the strategy over the first ten years, which shall be subject to approval by the General Assembly; (2) on June 30, 2002, and each December thirty-first and June thirtieth thereafter, a status report on the implementation of and any needed revisions to the strategy and the quarterly report provided by the Department of Economic and Community Development, pursuant to subsection (b) of section 32-6k; and (3) on December 15, 2002, and every two years thereafter, an update or revision of the strategy, if necessary, which shall be subject to approval by the General Assembly, and a report on implementation of the strategy.
Sec. 15. Section 13b-57h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) The General Assembly approves the principles set forth in section I of the report specified in subdivision (4) of subsection (a) of section 13b-57d, provided no funds from the Transportation Strategy Board projects account, established under section 13b-57r, as amended, shall be authorized for any transportation project except those specified in subsection (b) of this section, provided nothing in this subsection shall preclude any TSB project from being funded, in whole or in part, by other state or federal funds. Funds authorized for any TSB project shall be used only for said project. TSB projects shall be funded from funds authorized for the Transportation Strategy Board only to the extent such funding is not provided from other funds in the Special Transportation Fund or the Infrastructure Improvement Fund created by the senior indenture for special tax obligation bonds.
(b) The following TSB projects shall be [completed] initiated by the Department of Transportation, in consultation with the TSB and the Undersecretary of Transit and Growth, not later than ten years from the effective date of this section:
(1) In the Coastal Corridor TIA, as defined in section 13b-57d:
(A) Acquire rolling rail stock, as deemed appropriate by the board, sufficient to add no fewer than two thousand seats for the Metro North-New Haven Line for use in both interstate and intrastate service. All payments received by the state pursuant to any agreement entered into in accordance with subsection (h) of section 13b-34, as amended, involving rolling rail stock used on the Metro North-New Haven Line shall be used exclusively for refurbishing rolling rail stock on and other capital improvements to the Metro North-New Haven Line;
(B) Construct or expand stations at Bridgeport, New Haven and Stamford that can accommodate rail service and one or more other modes of transportation and have:
(i) Facilities for one thousand or more parking spaces;
(ii) Connections to bus and other transit systems;
(iii) Opportunity for community revitalization;
(iv) Opportunity for transit oriented development;
(v) Ease of auto, bus, bicycle and pedestrian access to the station facility;
(vi) Potential to attract sufficient riders to support additional express trains;
(vii) Operation under control of the state; and
(viii) Feeder bus services for passenger rail service;
(C) Facilitate use of the Long Island Sound Waterway for passenger and freight movement, including, but not limited to, bulkheading and dredging, upon removal of prohibitions imposed by federal law, expanding passenger facilities, including facilities at the Bridgeport Intermodal Facility, to support high speed ferry service; and
(2) In the I-84 Corridor TIA, as defined in section 13b-57d:
(A) Establish express bus services from New Haven to Bradley International Airport;
(B) Complete the New Britain to Hartford busway and establish other bus rapid transit or light rail service in Hartford and surrounding towns; and
(C) Expand rail passenger service on the Norwalk to Danbury-New Milford Branch Line to assist commuter movement on Route 7 and I-95; and
(3) In the I-91 Corridor TIA, as defined in section 13b-57d:
(A) Upgrade or construct maintenance facilities and parking facilities and upgrade feeder bus services for passenger rail service, particularly along the Metro North-New Haven Line; and
(B) Establish bus service or commuter rail service, as determined in the Hartford-Springfield-New Haven Implementation Study conducted by the department, that runs through New Haven, Hartford and Springfield, with a connection to Bradley International Airport; and
(4) In the I-395 Corridor TIA, as defined in section 13b-57d:
(A) Establish rail freight service with connections to the port of New London;
(B) Expand the frequency of bus service, number of runs and connections within and outside of the region, particularly in and to Norwich and New London and acquire buses sufficient to add no fewer than two hundred seats; and
(C) Design and plan for traffic mitigation in southeastern Connecticut, including planning for the extension of Route 11 from its terminus in Salem to the I-95 and I-395 intersect, with appropriate greenway purchases made in accordance with section 13a-142e, as amended; and
(5) In the Southeast Corridor TIA, as defined in section 13b-57d:
(A) Acquire rolling rail stock for the Shoreline East Railroad Line sufficient to add no fewer than one thousand seats;
(B) Make operational improvements to highways that improve the flow of traffic on I-95 and I-395; and
(6) State-wide:
(A) Improve and target marketing by the department of the Deduct-a-Ride program to all eligible employers; [and]
(B) Continue funding the Jobs Access Program; and
(C) Develop and implement such other Transportation Strategy Board projects, as directed by the Undersecretary of Transit and Growth, following consultation with the board.
(c) Any TSB project included in subsection (a) of this section requiring expenditures of more than one million dollars shall be accompanied by an economic development plan that specifies the projected economic development benefits of the transportation project to the TIA in which it is located and to the state and that provides for economic development projects that meet one or more of the following criteria:
(1) Are generated by the TSB project;
(2) Support the TSB project;
(3) Maximize the economic benefits of the TSB project; or
(4) Utilize the TSB project to maximize the economic benefits of such economic development projects.
An economic development plan shall not be required for any TSB project whose sole purpose is public safety.
(d) On or before January 1, 2007, and annually thereafter, the Undersecretary of Transit and Growth, after consultation with the board, shall submit a report to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, transportation and planning and development, in accordance with the provisions of section 11-4a, on the implementation status of the TSB projects specified in this section. Such report shall include recommended revisions to such projects, an explanation of any obstacles to completing such projects and the anticipated advantages or disadvantages of completing such projects. Upon receipt of such report, said committees shall hold a joint public hearing for purposes of the evaluation and consideration of the progress or lack of progress of said TSB projects, which public hearing the undersecretary and the Commissioners of Transportation, Environmental Protection, Economic and Community Development and Public Safety and the Secretary of the Office of Policy and Management shall attend.
Sec. 16. Section 13b-57i of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) The Undersecretary of Transit and Growth and the board shall coordinate preparation of a performance report on the TSB projects specified in section 13b-57h, as amended by this act, that require accompanying economic development plans. For the purposes of this section, a project that is (1) undertaken as part of the New Haven Line revitalization program defined in section 13b-78k, or (2) a strategic transportation project, as defined in section 2 of this act, is not a TSB project.
(b) [The] Said undersecretary and the board, in consultation with the Departments of Transportation and Economic and Community Development and the Office of Policy and Management, shall determine the format for the report. The report shall include, but not be limited to, the following: (1) A map delineating the boundaries of each TIA and identifying TSB projects and any economic development projects described in subsection (c) of section 13b-57h, as amended by this act; (2) a description of funding for, implementation status of and estimated completion date of each TSB project and any economic development projects described in subsection (c) of section 13b-57h, as amended by this act; (3) an explanation of how each economic development project described in subsection (c) of section 13b-57h, as amended by this act, meets one or more of the criteria in subdivisions (1) to (4) of subsection (c) of section 13b-57h, as amended by this act, with regard to one or more TSB projects; (4) a statement describing how each TSB project and each economic development project described in subsection (c) of section 13b-57h, as amended by this act, addresses the goals and objectives of the state plan of conservation and development prepared under chapter 297; (5) a description of the role of municipalities and regional planning agencies in planning and implementing each TSB project and each economic development project described in subsection (c) of section 13b-57h, as amended by this act; (6) a description of the extent to which all of the TSB projects and economic development projects described in subsection (c) of section 13b-57h, as amended by this act, in each TIA address the transportation problems, needs or concerns of the TIA; and (7) an evaluation of how each TSB project and each economic development project described in subsection (c) of section 13b-57h, as amended by this act, addresses the transportation problems, needs or concerns of the TIA based on statistical measures which shall be developed jointly by the board and the Departments of Transportation and Economic and Community Development and the Office of Policy and Management.
(c) The report required under subsection (b) of this section shall be submitted, in accordance with the provisions of section 11-4a, not later than December 15, 2004, along with the report required on the same date under subdivision (3) of subsection (k) of section 13b-57g, as amended by this act, and thereafter along with said report as required under subdivision (3) of subsection (k) of section 13b-57g, as amended by this act, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation, planning and development and finance, revenue and bonding. Not later than fifteen days after receipt of the December fifteenth report, the joint standing committees of the General Assembly having cognizance of matters relating to transportation and planning and development shall review the report and submit comments and recommendations to the bonding subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding. Not later than thirty days after receipt of the report, the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding shall conduct a public hearing on the report.
Sec. 17. Section 13b-57j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) The [board] Undersecretary of Transit and Growth shall prepare an analysis, based on appropriate metrics, methodologies and standards, developed by the board or by any agency or other unit of government of the state, of the short-term and long-term effects of the initial strategy on: (1) The present and future transportation needs of the state for the movement of both people and goods; (2) economic development in the state; and (3) the environment, including air quality, wetlands, open space and energy consumption. Said analysis shall include the projected return on investment for each TSB project. [The] Said undersecretary and the board shall submit such analysis, in accordance with section 11-4a, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding along with the report due on December 15, 2004, pursuant to subdivision (3) of subsection (k) of section 13b-57g, as amended by this act.
(b) [The board] Said undersecretary shall monitor the planning and implementation of the TSB projects specified in section 13b-57h, as amended by this act, and shall report to the Governor and the General Assembly in accordance with subdivision (2) of subsection (k) of section 13b-57g, as amended by this act. Any recommended update or revision to any TSB project or to the strategy, including any project recommended as an addition to the strategy, included in the report due on December 15, 2004, and each report due every two years thereafter, pursuant to subdivision (3) of subsection (k) of section 13b-57g, as amended by this act, shall be accompanied by an analysis made in accordance with subsection (a) of this section.
Sec. 18. Section 13b-57q of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) On or before August first of each year, the Department of Transportation, in consultation with the Secretary of the Office of Policy and Management, the Undersecretary of Transit and Growth, the State Treasurer and the Transportation Strategy Board, shall prepare a financing plan for the annual funding and financing of the projects and purposes described in section 13b-57h. Such annual financing plan shall be based upon the use of special tax obligation bonds as provided in section 19 of this act, to fund some or all project purposes, funding available or anticipated to be available in the Transportation Strategy Board projects account, as well as the use of any federal revenue, grants or other transportation-related financial assistance which may be available in such fiscal year. The annual financing plan shall include funding mandated by sections 13b-57s and 13b-57t. Upon the approval of such annual financing plan by the Governor, funding identified in the annual financing plan shall be paid within the fiscal year of such annual financing plan into the Transportation Strategy Board projects account, established under section 13b-57r, as amended, of the Special Transportation Fund and shall be available to fund those projects and purposes identified in such annual financing plan. Upon the approval by the Treasurer, the Secretary of the Office of Policy and Management and the Undersecretary of Transit and Growth of the portion of the annual financing plan relating to the use of special tax obligation bond proceeds to fund some or all of such projects and purposes, the amount identified in the annual financing plan to pay debt service and other expenditures related to the issuance of such bonds to fund such projects and purposes shall be transferred from the Transportation Strategy Board projects account during the fiscal year covered by such financing plan, and shall be available to pay debt service requirements, and the Treasurer shall proceed to issue the requisite amount of special tax obligation bonds, subject to any required statutory authorization and approval of the State Bond Commission, to fund those projects and purposes identified in such annual financing plan to be funded by such bond proceeds, and the Commissioner of Transportation shall direct the expenditure of such bond proceeds. The proceeds of any special tax obligation bonds issued to fund the projects and purposes described in section 13b-57h, as amended by this act, as those projects and purposes may be modified, less costs of issuance and the funding of required reserves, shall be deposited and applied as provided in the indenture of trust relating to the issuance of such special tax obligation bonds, and shall be available to fund those projects and purposes identified in such annual financing plan to be funded by the issuance of such bonds. Any such projects or purposes so financed are hereby found and determined to be in furtherance of one or more of the authorized purposes for the issuance of such bonds set forth in section 13b-57h, as amended by this act, or section 19 of this act.
(b) In addition to the preparation of the annual financing plans, the Department of Transportation shall prepare a five-year financing plan that shall project for a period of five years the funds to be credited to the Transportation Strategy Board projects account, established under section 13b-57r, as amended, of the Special Transportation Fund, the anticipated use of cash funding, including funding mandated by sections 13b-57s and 13b-57t, and federal revenue, grants or other transportation related financial assistance to fund or finance the projects and purposes described in section 13b-57h. Such five-year financing plan shall be updated on or before August first of each year at the same time as the preparation of the annual financing plan and shall be provided by the Commissioner of Transportation to the Transportation Strategy Board, the State Treasurer, the Secretary of the Office of Policy and Management, the Undersecretary of Transit and Growth and the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding.
Sec. 19. (NEW) (Effective July 1, 2006) The State Bond Commission may authorize the issuance of special tax obligation bonds pursuant to sections 13b-74 to 13b-77, inclusive, of the 2006 supplement to the general statutes, in one or more series and in principal amounts for the purposes of section 13b-57h of the general statutes, as amended by this act, as follows:
T1 |
Authorized Funding Amounts | |
T2 |
Fiscal Year |
Amount |
T3 |
2008 |
$ 250,000,000 |
T4 |
2009 |
$ 250,000,000 |
T5 |
2010 |
$ 250,000,000 |
T6 |
2011 |
$ 250,000,000 |
T7 |
2012 |
$ 250,000,000 |
T8 |
2013 |
$ 250,000,000 |
T9 |
2014 |
$ 250,000,000 |
T10 |
2015 |
$ 250,000,000 |
T11 |
2016 |
$ 250,000,000 |
T12 |
2017 |
$ 250,000,000 |
T13 |
Total |
$2,500,000,000 |
Such additional amount of bonds may be authorized as required to fund any debt service and reserve account in accordance with the proceedings authorizing the bonds and the costs of issuance, capitalized interest, if any, and the initial costs and expenses of the administration account, provided, in computing the total amount of bonds which may at any one time be outstanding, the principal amount of any refunding bonds issued to refund bonds shall be excluded. The General Assembly finds that it is an essential governmental function to improve personal mobility and the movement of goods and freight within and through this state, to integrate transportation with economic, land use, environmental and quality of life issues, to integrate the state economy with regional, national and global economies and to provide an adequate and reliable flow of funding necessary for a quality multimodal transportation system, and further finds that the financing of traffic improvements is in the public interest, will achieve a public purpose of reducing overall costs due to traffic congestion and delays, and will thereby foster and promote economic growth, provide employment opportunities for the residents of the state and assist companies by reducing their overall costs of doing business in the state.
Sec. 20. Section 12-587 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) As used in this chapter: (1) "Company" includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, individual or any fiduciary thereof; (2) "quarterly period" means a period of three calendar months commencing on the first day of January, April, July or October and ending on the last day of March, June, September or December, respectively; (3) "gross earnings" means all consideration received from the first sale within this state of a petroleum product; (4) "petroleum products" means those products which contain or are made from petroleum or a petroleum derivative; (5) "first sale of petroleum products within this state" means the initial sale of a petroleum product delivered to a location in this state; (6) "export" or "exportation" means the conveyance of petroleum products from within this state to a location outside this state for the purpose of sale or use outside this state; and (7) "sale for exportation" means a sale of petroleum products to a purchaser which itself exports such products.
(b) (1) Except as otherwise provided in subdivision (2) of this subsection, any company which is engaged in the refining or distribution, or both, of petroleum products and which distributes such products in this state shall pay a quarterly tax on its gross earnings derived from the first sale of petroleum products within this state. Each company shall on or before the last day of the month next succeeding each quarterly period render to the commissioner a return on forms prescribed or furnished by the commissioner and signed by the person performing the duties of treasurer or an authorized agent or officer, including the amount of gross earnings derived from the first sale of petroleum products within this state for the quarterly period and such other facts as the commissioner may require for the purpose of making any computation required by this chapter. Except as otherwise provided in subdivision (3) of this subsection, the rate of tax shall be (A) five per cent with respect to calendar quarters prior to July 1, 2005; (B) five and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2006, and prior to July 1, 2007; (D) seven and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2007, and prior to July 1, 2008; (E) [seven and one-half] eight and one-tenth per cent with respect to calendar quarters commencing on or after July 1, 2008, and prior to July 1, [2013; and (F)] 2009; (F) eight and [one-tenth] four-tenths per cent with respect to calendar quarters commencing on or after July 1, [2013] 2009, and prior to July 1, 2010; (G) eight and six-tenths per cent with respect to calendar quarters commencing on or after July 1, 2010, and prior to July 1, 2011; (H) eight and nine-tenths per cent with respect to calendar quarters commencing on or after July 1, 2011, and prior to July 1, 2012; (I) nine and one-tenths per cent with respect to calendar quarters commencing on or after July 1, 2012, and prior to July 1, 2013; (J) ten and one-tenths per cent with respect to calendar quarters commencing on or after July 1, 2013, and prior to July 1, 2014; (K) ten and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2014, and prior to July 1, 2015; (L) ten and six-tenths per cent with respect to calendar quarters commencing on or after July 1, 2015, and prior to July 1, 2016; and (M) ten and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2016.
(2) Gross earnings derived from the first sale of the following petroleum products within this state shall be exempt from tax: (A) Any petroleum products sold for exportation from this state for sale or use outside this state; (B) the product designated by the American Society for Testing and Materials as "Specification for Heating Oil D396-69", commonly known as number 2 heating oil, to be used exclusively for heating purposes or to be used in a commercial fishing vessel, which vessel qualifies for an exemption pursuant to section 12-412, as amended; (C) kerosene, commonly known as number 1 oil, to be used exclusively for heating purposes, provided delivery is of both number 1 and number 2 oil, and via a truck with a metered delivery ticket to a residential dwelling or to a centrally metered system serving a group of residential dwellings; (D) the product identified as propane gas, to be used exclusively for heating purposes; (E) bunker fuel oil, intermediate fuel, marine diesel oil and marine gas oil to be used in any vessel having a displacement exceeding four thousand dead weight tons; (F) for any first sale occurring prior to July 1, 2008, propane gas to be used as a fuel for a motor vehicle; (G) for any first sale occurring on or after July 1, 2002, grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition; (H) for any first sale occurring on or after July 1, 2002, number 2 heating oil to be used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412, as amended; (I) for any first sale occurring on or after July 1, 2000, paraffin or microcrystalline waxes; or (J) for any first sale occurring prior to July 1, 2008, petroleum products to be used as a fuel for a fuel cell, as defined in subdivision (113) of section 12-412, as amended.
(3) The rate of tax on gross earnings derived from the first sale of grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, or number 2 heating oil used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412, as amended, shall be: (A) Four per cent with respect to calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; (B) three per cent with respect to calendar quarters commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two per cent with respect to calendar quarters commencing on or after July 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to calendar quarters commencing on or after July 1, 2001, and prior to July 1, 2002.
(c) (1) Any company which imports or causes to be imported into this state petroleum products for sale, use or consumption in this state, other than a company subject to and having paid the tax on such company's gross earnings from first sales of petroleum products within this state, which earnings include gross earnings attributable to such imported or caused to be imported petroleum products, in accordance with subsection (b) of this section, shall pay a quarterly tax on the consideration given or contracted to be given for such petroleum product if the consideration given or contracted to be given for all such deliveries during the quarterly period for which such tax is to be paid exceeds three thousand dollars. Except as otherwise provided in subdivision (3) of this subsection, the rate of tax shall be (A) five per cent with respect to calendar quarters commencing prior to July 1, 2005; (B) five and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2006, and prior to July 1, 2007; (D) seven and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2007, and prior to July 1, 2008; (E) [seven and one-half] eight and one-tenth per cent with respect to calendar quarters commencing on or after July 1, 2008, and prior to July 1, [2013; and (F)] 2009; (F) eight and [one-tenth] four-tenths per cent with respect to calendar quarters commencing on or after July 1, [2013] 2009, and prior to July 1, 2010; (G) eight and six-tenths per cent with respect to calendar quarters commencing on or after July 1, 2010, and prior to July 1, 2011; (H) eight and nine-tenths per cent with respect to calendar quarters commencing on or after July 1, 2011, and prior to July 1, 2012; (I) nine and one-tenths per cent with respect to calendar quarters commencing on or after July 1, 2012, and prior to July 1, 2013; (J) ten and one-tenths per cent with respect to calendar quarters commencing on or after July 1, 2013, and prior to July 1, 2014; (K) ten and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2014, and prior to July 1, 2015; (L) ten and six-tenths per cent with respect to calendar quarters commencing on or after July 1, 2015, and prior to July 1, 2016; and (M) ten and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2016. Fuel in the fuel supply tanks of a motor vehicle, which fuel tanks are directly connected to the engine, shall not be considered a delivery for the purposes of this subsection.
(2) Consideration given or contracted to be given for petroleum products, gross earnings from the first sale of which are exempt from tax under subdivision (2) of subsection (b) of this section, shall be exempt from tax.
(3) The rate of tax on consideration given or contracted to be given for grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, or number 2 heating oil used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412, as amended, shall be: (A) Four per cent with respect to calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; (B) three per cent with respect to calendar quarters commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two per cent with respect to calendar quarters commencing on or after July 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to calendar quarters commencing on or after July 1, 2001, and prior to July 1, 2002.
(d) The amount of tax reported to be due on such return shall be due and payable on or before the last day of the month next succeeding the quarterly period. The tax imposed under the provisions of this chapter shall be in addition to any other tax imposed by this state on such company.
(e) For the purposes of this chapter, the gross earnings of any producer or refiner of petroleum products operating a service station along the highways or interstate highways within the state pursuant to a contract with the Department of Transportation or operating a service station which is used as a training or test marketing center under the provisions of subsection (b) of section 14-344d, shall be calculated by multiplying the volume of petroleum products delivered by any producer or refiner to any such station by such producer's or refiner's dealer tank wagon price or dealer wholesale price in the area of the service station.
Sec. 21. Section 13b-61a of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) Notwithstanding the provisions of section 13b-61, as amended: (1) For calendar quarters ending on or after September 30, 1998, and prior to September 30, 1999, the Commissioner of Revenue Services shall deposit into the Special Transportation Fund established under section 13b-68 five million dollars of the amount of funds received by the state from the tax imposed under section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (2) for calendar quarters ending September 30, 1999, and prior to September 30, 2000, the commissioner shall deposit into the Special Transportation Fund nine million dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (3) for calendar quarters ending September 30, 2000, and prior to September 30, 2002, the commissioner shall deposit into the Special Transportation Fund eleven million five hundred thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (4) for the calendar quarters ending September 30, 2002, and prior to September 30, 2003, the commissioner shall deposit into the Special Transportation Fund, five million dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (5) for the calendar quarter ending September 30, 2003, and each calendar quarter thereafter, the commissioner shall deposit into the Special Transportation Fund, five million two hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (6) for the calendar quarters ending September 30, 2005, and prior to September 30, 2006, the commissioner shall deposit into the Special Transportation Fund ten million eight hundred and seventy-five thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (7) for the calendar quarters ending September 30, 2006, and prior to September 30, 2007, the commissioner shall deposit into the Special Transportation Fund fifteen million two hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (8) for the calendar quarters ending September 30, 2007, and prior to September 30, 2008, the commissioner shall deposit into the Special Transportation Fund twenty-one million dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (9) for the calendar quarters ending September 30, 2008, and prior to September 30, 2013, the commissioner shall deposit into the Special Transportation Fund twenty-five million two hundred twenty-five thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; and (10) for the calendar quarters ending on and after September 30, 2013, the commissioner shall deposit into the Special Transportation Fund twenty-nine million eight hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel.
(b) (1) For calendar quarters ending September 30, 2007, and prior to September 30, 2008, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, three million five hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (2) for calendar quarters ending September 30, 2008, and prior to September 30, 2009, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, six million eight hundred seventy-five thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (3) for calendar quarters ending September 30, 2009, and prior to September 30, 2010, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, ten million five hundred twenty-five thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (4) for calendar quarters ending September 30, 2010, and prior to September 30, 2011, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, thirteen million one hundred twenty-five thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (5) for calendar quarters ending September 30, 2011, and prior to September 30, 2012, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, seventeen million dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (6) for calendar quarters ending September 30, 2012, and prior to September 30, 2013, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, nineteen million eight hundred thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (7) for calendar quarters ending September 30, 2013, and prior to September 30, 2014, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, twenty-three million three hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (8) for calendar quarters ending September 30, 2014, and prior to September 30, 2015, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, twenty-six million one hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (9) for calendar quarters ending September 30, 2015, and prior to September 30, 2016, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, thirty million two hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; and (10) for calendar quarters ending on and after September 30, 2016, the commissioner shall deposit into the Transportation Strategy Board projects account in the Special Transportation Fund, thirty-three million two hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed in section 12-587, as amended by this act, on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel.
[(b)] (c) If in any calendar quarter receipts from the tax imposed under section 12-587, as amended by this act, are less than the total of (1) the amount required to be transferred pursuant to the Special Transportation Fund pursuant to subsection (a) of this section, [and] (2) the amount required to be transferred to the Transportation Strategy Board projects account in the Special Transportation Fund pursuant to subsection (b) of this section, and (3) any other transfers required by law, the commissioner shall certify to the Treasurer the amount of such shortfall. Upon receipt of such certification the Treasurer shall forthwith transfer an amount equal to such shortfall from the resources of the General Fund into the Special Transportation Fund or into the Transportation Strategy Board projects account in the Special Transportation Fund, as applicable.
Sec. 22. Subsection (g) of section 13b-59 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):
(g) "Motor vehicle related fines, penalties or other charges" means, except as provided in section 23 of this act, all fines, penalties or other charges required by, or levied pursuant to subsection (a) of section 14-12, as amended, sections 14-12s, 14-13, 14-16, 14-17, 14-18, 14-26, 14-27 and 14-29, subsection (d) of section 14-35 and sections 14-36, as amended, 14-39, 14-43, 14-45, 14-64, as amended, 14-80, 14-81, 14-97, 14-98, 14-99, 14-101, 14-102, 14-103, as amended, 14-104, 14-105, as amended, 14-106, 14-110, 14-111, as amended, 14-112, 14-137a, 14-140, as amended, 14-145, 14-146, 14-147, 14-148, 14-149, 14-150, 14-151, 14-152, 14-161, subsection (f) of section 14-164i, 14-196, as amended, 14-197, 14-198, 14-213, 14-214, 14-215, as amended, 14-216, 14-217, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-223, 14-224, 14-225, 14-226, 14-228, 14-230, 14-231, 14-232, 14-233, 14-234, 14-235, 14-236, 14-237, 14-238, 14-239, as amended, 14-240, 14-241, as amended, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-249, as amended, 14-250, as amended, 14-257, 14-260, 14-261, 14-262, 14-264, 14-267a, 14-269, subsection (g) of section 14-270, as amended, sections 14-271, 14-273, 14-274, 14-275, 14-276, 14-277, 14-279, 14-280, 14-281, 14-282, 14-283, as amended, 14-285, 14-286, 14-295, 14-296, 14-300, 14-314, 14-329, 14-331, 14-342, 14-386, 14-386a, 14-387, 15-7, 15-8, 15-9, 15-16, 15-25 and 15-33.
Sec. 23. (NEW) (Effective October 1, 2006) (a) For purposes of this section, "municipality" means any town, city, borough, consolidated town and city, or consolidated town and borough.
(b) On and after October 1, 2006, all moneys received or collected by the state or any officer thereof from the fines imposed pursuant to section 14-18, 14-26, 14-27, 14-29, 14-35, 14-36, as amended, 14-39, 14-81, 14-97, 14-98, 14-99, 14-101, 14-102, 14-103, as amended, 14-104, 14-105, as amended, 14-106, 14-146, 14-147, 14-148, 14-149, 14-150, 14-213, 14-214, 14-215, as amended, 14-216, 14-217, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-223, 14-224, 14-225, 14-226, 14-228, 14-230, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-239, as amended, 14-240, 14-241, as amended, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-249, as amended, 14-250, as amended, 14-257, 14-260, 14-261, 14-271, 14-273, 14-274, 14-275, 14-276, 14-277, 14-279, 14-280, 14-281, 14-282, 14-283, as amended, 14-285, 14-286, 14-295, 14-296, 14-300 or 14-314 of the general statutes due to the violation of such section on a road or highway under a municipality's jurisdiction, shall be returned to such municipality, as provided in section 51-56a of the general statutes, as amended by this act.
Sec. 24. Section 51-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):
(a) Each clerk of the Supreme Court and Superior Court shall account for and pay or deposit all fees, fines, forfeitures and the proceeds of judgments of his office in the manner provided by section 4-32. If any such clerk fails to so account and pay or deposit, such failure shall be reported by the Treasurer to the Chief Court Administrator who may thereupon remove the clerk. When any such clerk dies before so accounting and paying or depositing, the Treasurer shall require the executor of his will or administrator of his estate to so account. If any such clerk is removed from office, the Treasurer shall require him to account for any money of the state remaining in his hands at the time of such removal and, if he neglects to so account, the Treasurer shall certify the neglect to the Chief Court Administrator.
(b) The state shall remit to the municipalities (1) in which the violations occurred all amounts received in respect to the violation of sections 14-251, 14-252, 14-253a and 14-305 to 14-308, inclusive, or any regulation or ordinance made in accordance therewith, and (2) on whose roads the violations occurred the fines received in respect to the sections enumerated in section 23 of this act. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by [his] such clerk or other official's office, provided prior to the institution of court proceedings, a city, town or borough shall have the authority to collect and retain all proceeds from parking violations committed within the jurisdiction of such city, town or borough.
(c) For the purpose of providing additional funds for municipal and state police training, each person who pays in any sum as (1) a fine or forfeiture for any violation of section 14-12, as amended, 14-215, as amended, 14-219, 14-222, 14-224, 14-225, 14-227a, as amended, 14-266, 14-267a, 14-269 or 14-283, as amended, or (2) a fine or forfeiture for any infraction, shall pay an additional fee of one dollar for each eight dollars or fraction thereof of the amount he is required to pay, except if such payment is made for violation of such a section which is deemed to be an infraction, such additional fee shall be only on the first eighty-eight dollars of such fine or forfeiture. Such additional fee charged shall be deposited in the General Fund.
Sec. 25. Subsection (a) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) The Treasurer shall apply the resources in the Special Transportation Fund, upon their receipt, first, to pay or provide for the payment of debt service requirements, as defined in section 13b-75, at such time or times, in such amount or amounts and in such manner, as provided by the proceedings authorizing the issuance of special tax obligation bonds pursuant to sections 13b-74 to 13b-77, inclusive, as amended, and then to pay from the Transportation Strategy Board projects account of the Special Transportation Fund, established under section 13b-57r, as amended, the [incremental revenues] funding identified in approved annual financing plans for cash funding in accordance with the provisions of section 13b-57q, as amended by this act.
Sec. 26. Section 13b-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):
(a) The Commissioner of Transportation shall, from time to time, recommend to the several companies operating railroads in this state, or to any of them, the adoption of such measures and regulations as the commissioner deems conducive to the public safety or interest; and shall report to the next General Assembly any neglect on the part of any such company to comply with any such recommendation.
(b) Recommendations made pursuant to subsection (a) of this section shall include, but not be limited to, recommendations that rail service operating between New Haven and New London expand its hours of operation by initiating reverse commute service and adding or expanding weekend service.
Sec. 27. (Effective July 1, 2006) The Department of Transportation, in conjunction with the Transportation Strategy Board, shall study the feasibility of building a fuel cell power station to generate power for the New Haven Line. Such study shall include, but not be limited to, a plan for generating a large percentage of the line's peak power needs, as well as serving as a backup in times of emergencies. The Department of Transportation shall report its findings and recommendations, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 1, 2007.
Sec. 28. (Effective July 1, 2006) The Department of Transportation, in conjunction with the Transportation Strategy Board, shall study the feasibility of creating a commuter rail line from New London to Worcester, Massachusetts. The Department of Transportation shall report its findings and recommendations, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 1, 2007.
Sec. 29. (Effective July 1, 2006) The Department of Transportation, in conjunction with the Transportation Strategy Board, shall study the feasibility of establishing a Bradley International Airport Authority composed of representatives from Connecticut and Massachusetts. The department and the board shall consult with the Bradley Board of Directors in the course of such study. The Department of Transportation shall report its findings and recommendations, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 1, 2007.
Sec. 30. (Effective July 1, 2006) The Department of Transportation, in conjunction with the Transportation Strategy Board, shall develop a plan to initiate ongoing formal discussions with the commonwealth of Massachusetts and the state of New York regarding opportunities to enhance commuter and freight mobility throughout the region. Such plan shall include, but need not be limited to, (1) recommendations on how best to involve the Governors, legislative leaders and other governmental officials of each jurisdiction in such discussions, (2) a listing of regional transportation issues, with indications of funding sources and availability to address each issue, and (3) lists of other public and private entities in each jurisdiction that should be included in such discussions. The department shall report on its plan and recommendations for implementation, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 1, 2007.
Sec. 31. (NEW) (Effective July 1, 2006) The Undersecretary of Transit and Growth shall prepare a state-wide build-out analysis to help refine the Transportation Strategy Board projects and to provide technical assistance and capacity building to municipalities and regional agencies to help such entities establish plans that comply with the state plan of conservation and development, as established in section 16a-24 of the general statutes. Such analysis shall be completed by January 1, 2007.
Sec. 32. (Effective July 1, 2006) Funds shall be appropriated to the Office of Policy and Management, from the Special Transportation Fund, for the fiscal year ending June 30, 2007, for the Undersecretary of Transit and Growth to acquire appropriate planning tools, including, but not limited to, digital aerial photography and GIS mapping equipment, to complete the build-out analysis required in section 31 of this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2006 |
New section |
Sec. 2 |
July 1, 2006 |
New section |
Sec. 3 |
July 1, 2006 |
New section |
Sec. 4 |
July 1, 2006 |
New section |
Sec. 5 |
July 1, 2006 |
New section |
Sec. 6 |
July 1, 2006 |
New section |
Sec. 7 |
July 1, 2006 |
New section |
Sec. 8 |
July 1, 2006 |
New section |
Sec. 9 |
July 1, 2006 |
New section |
Sec. 10 |
July 1, 2006 |
New section |
Sec. 11 |
July 1, 2006 |
4-65a(b) |
Sec. 12 |
July 1, 2006 |
4-66c(c) |
Sec. 13 |
July 1, 2006 |
13b-57e |
Sec. 14 |
July 1, 2006 |
13b-57g(k) |
Sec. 15 |
July 1, 2006 |
13b-57h |
Sec. 16 |
July 1, 2006 |
13b-57i |
Sec. 17 |
July 1, 2006 |
13b-57j |
Sec. 18 |
July 1, 2006 |
13b-57q |
Sec. 19 |
July 1, 2006 |
New section |
Sec. 20 |
July 1, 2006 |
12-587 |
Sec. 21 |
July 1, 2006 |
13b-61a |
Sec. 22 |
October 1, 2006 |
13b-59(g) |
Sec. 23 |
October 1, 2006 |
New section |
Sec. 24 |
October 1, 2006 |
51-56a |
Sec. 25 |
July 1, 2006 |
13b-69(a) |
Sec. 26 |
July 1, 2006 |
13b-202 |
Sec. 27 |
July 1, 2006 |
New section |
Sec. 28 |
July 1, 2006 |
New section |
Sec. 29 |
July 1, 2006 |
New section |
Sec. 30 |
July 1, 2006 |
New section |
Sec. 31 |
July 1, 2006 |
New section |
Sec. 32 |
July 1, 2006 |
New section |
TRA |
Joint Favorable Subst. C/R |
FIN |
FIN |
Joint Favorable Subst. |
The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:
OFA FISCAL NOTE AND OLR BILL ANALYSIS
AN ACT CONCERNING STATE-WIDE TRANSPORTATION IMPROVEMENTS.
OFA SUMMARY IMPACT:
Agency Affected |
Fund-Effect |
FY 07 $ |
FY 08 $ |
Treasurer, Debt Serv. |
TF - Cost |
See Below |
See Below |
Department of Transportation |
TF - Revenue Gain |
Significant |
Significant |
Judicial Dept. |
GF - Cost |
Minimal |
None |
Department of Transportation |
TF - Revenue Loss |
Significant |
Significant |
Policy & Mgmt., Off. |
GF - Cost |
Potential Significant |
Potential Significant |
Department of Transportation |
TF - Cost |
Significant |
Significant |
Note: TF=Transportation Fund; GF=General Fund
Municipalities |
Effect |
FY 07 $ |
FY 08 $ |
Various Municipalities |
Revenue Gain |
Significant |
Significant |
Special Tax Obligation (STO) Bond Provisions
Sections 1 thorough 9 authorize $344 million in STO bonds between 7/1/06 and 7/1/12 for several transportation initiatives. The interest cost to bond this amount over 20 years is $255.8 million, assuming a 6% interest rate. The projects will have a future fiscal impact on the Transportation Fund because they will require operating funds when they are completed.
Section 19 authorizes $2.5 billion in STO bonds between 7/1/07 and 7/1/16 for Transportation Strategy Board projects. The interest cost to bond this amount over 20 years is $1.86 billion, assuming a 6% interest rate.
Section 12 permits the use of previously authorized Urban Action Program bonds for transit-oriented projects. This has no immediate fiscal impact because no additional GO bonds are authorized but it may increase future debt service costs if it causes bond funds to be expended more rapidly than they otherwise would have been.
Tax Provisions
The table below provides a schedule of the rate changes and revenue gains associated with increasing the quarterly gross earnings tax on companies that distribute certain petroleum products in Connecticut. It is assumed that this revenue will be used to pay the additional debt service costs identified for the STO bonds authorized by this bill.
Petroleum Products Gross Receipts Tax Tax Rates and Revenue Gains by Fiscal Year | ||||
Fiscal Year |
Effective Date |
Current Law |
New Rate |
Revenue Gain ($ Millions) |
FY 06 |
7/1/05 |
5.8% |
5.8% |
0 |
FY 07 |
7/1/06 |
6.3% |
6.3% |
0 |
FY 08 |
7/1/07 |
7.0% |
7.3% |
14.2 |
FY 09 |
7/1/08 |
7.5% |
8.1% |
27.5 |
FY 10 |
7/1/09 |
7.5% |
8.4% |
42.1 |
FY 11 |
7/1/10 |
7.5% |
8.6% |
52.5 |
FY 12 |
7/1/11 |
7.5% |
8.9% |
68.0 |
FY 13 |
7/1/12 |
7.5% |
9.1% |
79.2 |
FY 14 |
7/1/13 |
8.1% |
10.1% |
93.4 |
FY 15 |
7/1/14 |
8.1% |
10.3% |
104.6 |
FY 16 |
7/1/15 |
8.1% |
10.6% |
121.0 |
FY 17 & after |
7/1/16 |
8.1% |
10.8% |
133.0 |
Motor Vehicle Fine Provisions
Diverting revenues generated by fines imposed for certain motor vehicle violations from the Special Transportation Fund (STF) to various municipalities will result in an estimated revenue loss to the STF/revenue gain to municipalities of $6.5 million per year. The Judicial Department (JD) will incur a one-time cost of less than $50,000 to modify its computer and accounting systems in order to implement the change. The ongoing annual cost to JD of processing of payments to municipalities can be accommodated within budgeted resources.
Undersecretary of Transit and Growth
The new Undersecretary of Transit and Growth in the Office of Policy and Management (OPM) established by the bill has a salary of $87,361 - $133,320, plus associated other expenses and equipment of $10,000. If additional staff, administrative support or consultant services is required, OPM costs could be significantly more. It is uncertain whether funding in the budget bill, sHB 5007, as favorably reported by the Appropriations Committee on March 30, 2006, would be used for this purpose. The bill also requires preparation of a state-wide build out analysis and stipulates that adequate funds be appropriated from the STF in FY 07 for the appropriate planning tools. The level of funding required is unknown.
Department of Transportation (DOT) Provisions
The cost to DOT for the studies mandated in the bill is estimated to be approximately $5 million. It is projected that each study will take at least 18 months to complete once the consultants begin work. (The bill requires each study to be completed by January 1, 2007.) DOT will need to hire 4 staff engineers (annual salary of $75,000 plus fringes) to meet the ongoing reporting requirements for these provisions.
DOT will be able to accommodate any additional administrative functions associated with the Hartford-New Haven-Springfield rail service provisions within its anticipated budgetary resources.
OLR SUMMARY:
This bill:
1. authorizes up to $344 million Special Tax Obligation (STO) bonds in specified annual amounts for payment of the transportation costs for several “strategic transportation projects;”
2. increases the quarterly petroleum products gross earnings tax from 7% for FY 08 calendar quarters to 7.5% and increases it incrementally each year until it reaches 10.8% in FY 17 and beyond;
3. authorizes $2.5 billion in STO bonds in $250 million increments over 10 years for projects specified in statute as priority projects for implementing the state's transportation strategy as identified by the Transportation Strategy Board (TSB);
4. creates a new position of Undersecretary of Transit and Growth in the Office of Policy and Management (OPM) to, among other things, act as the executive director of the TSB, oversee implementation of its initiatives in implementing a transportation strategy, and perform a statewide “build-out” analysis to refine identified TSB projects and provide assistance to municipalities and regional agencies;
5. makes Urban Action Program bonding available for transit-oriented development projects in municipalities if approved by the State Bond Commission;
6. requires fines for certain motor vehicle violations that occur on roads under municipal jurisdiction to be remitted to the municipalities; and
7. makes several miscellaneous changes, including directing the Department of Transportation (DOT) to (a) conduct several studies creating a bi-state authority for Bradley International Airport, building a fuel cell power station to provide power for the New Haven rail line, and creating a commuter rail line between New London and Worcester, Massachusetts and (b) initiate formal discussions with Massachusetts and New York on opportunities to enhance commuter and freight mobility.
EFFECTIVE DATE: July 1, 2006, except for the provisions for remitting certain motor vehicle fines to municipalities, which are effective October 1, 2006.
§§ 1 – 9 STO BONDING FOR STRATEGIC TRANSPORTATION PROJECTS
OFA FISCAL IMPACT
The bill authorizes $344 million in STO bonds between 7/1/06 and 7/1/12 for several transportation initiatives. The interest cost to bond this amount over 20 years is $255.8 million, assuming a 6% interest rate. (The table below provides a breakout of bond authorizations and interest cost by project.) These bonds may be used to leverage federal highway funding to the degree that Connecticut's federal allocation is not being used for other transportation projects. The projects will have a future fiscal impact on the Transportation Fund because they will require operating funds when they are completed.
STO Bonds Authorized for Certain Transportation Projects | ||
Purpose |
($ Millions) | |
STO Bonds |
Interest Cost 1 | |
New Britain-Hartford Busway |
||
New Haven-Hartford-Springfield Rail Project |
146.0 |
108.6 |
Rail Coach Rehabilitation |
25.0 |
18.6 |
West Haven rail station and parking |
11.0 |
8.2 |
New Haven Line branch line improvements |
45.0 |
33.4 |
Rail station and parking improvements |
40.0 |
29.7 |
Greater Hartford highway infrastructure improvements |
25.0 |
18.6 |
Total |
344.0 |
255.8 |
1 The figures assume a 6.0% interest rate and a 20 year term of issuance. | ||
OLR ANALYSIS
The bill authorizes the $344 million in STO bonds in the following annual amounts:
1. $65 million effective July 1, 2006
2. $65 million effective July 1, 2007
3. $68 million effective July 1, 2008
4. $55 million effective July 1, 2009
5. $50 million effective July 1, 2010
6. $22 million effective July 1, 2011
7. $19 million effective July 1, 2012
It authorizes this bonding to be used for the following strategic transportation projects, including value engineering, environmental assessment, planning, and right-of-way and property acquisition:
1. Up to $52 million for the New Britain-Hartford Busway
2. Up to $146 million for the New Haven-Hartford-Springfield rail project, including connector bus service with Bradley International Airport
3. Up to $25 million for rail coach rehabilitation
4. Up to $11 million for the West Haven rail station and parking
5. Up to $45 million for New Haven Line branch line improvements (Danbury, Waterbury, and New Canaan branches)
6. Up to $40 million for rail station and parking improvement
7. Up to $25 million for Greater Hartford highway infrastructure improvements, including environmental assessment, planning, and right-of-way and property acquisition
The bill defines these projects as strategic transportation projects. It determines the issuance of these bonds to be in furtherance of one or more of the purposes authorized for the use of STO bonds. It declares them to be special obligations of the state and thus payable only from the revenues pledged by law for repayment of STO bonds.
The State Bond Commission may authorize the bonds only after it finds that (1) a request for authorization signed by the appropriate state officer department or agency has been filed with it and (2) any capital development impact statement, human services facility colocation statement, advisory report regarding the state conservation and development policies plan, and statement regarding farmland that are required by law have been filed with it. The commission may authorize the bonds without finding that all the required reports and statements have been filed with it, if it has authorized its secretary to accept any required reports and statements on its behalf.
Any request for issuance of bonds must identify the project for which the bond proceeds are to be used and the recommendation of the person signing the request as to the extent to which federal, private, or other money currently or soon to be available for the project should be added to the bond proceeds. Any bond proceeds in excess of the aggregate costs of all authorized projects must be used in accordance with existing statutory requirements for such excess proceeds.
The bill allows DOT to solicit bids or qualifications for equipment, materials, or services for these projects at any time in the fiscal year even if all of the required funds may not be available until later in the same or succeeding fiscal year.
THE OUT YEARS
The annualized ongoing fiscal impact for the principal and interest payments over 20 years is $30.0 million per year between in FY 08 and FY 27 if all of the bonds were issued on 7/1/06 at a 6% interest rate.
The projects will have a future fiscal impact on the Transportation Fund because they will require operating funds when they are completed.
§ 10 – REQUIREMENTS AND AUTHORIZATIONS FOR TRANSPORTATION COMMISSIONER REGARDING HARTFORD-NEW HAVEN-SPRINGFIELD RAIL SERVICE
OFA FISCAL IMPACT
The Department of Transportation will be able to accommodate any additional administrative functions resulting from passage of this section within their anticipated budgetary resources.
OLR ANALYSIS
The bill requires the transportation commissioner, in consultation with the OPM secretary with the governor's approval (1) to enter into agreements with (a) Amtrak or its successor that are necessary to operate rail passenger service on the New Haven-Hartford-Springfield line and (b) Massachusetts or any entity acting on its behalf that are necessary for participation in the New Haven-Hartford-Springfield rail service and (2) to select, through a competitive process, one or more entities to operate the New Haven-Hartford-Springfield rail service.
THE OUT YEARS
There is no annualized ongoing fiscal impact.
§§ 11, 13–18, 25, 31 & 32 – UNDERSECRETARY OF TRANSIT AND GROWTH
OFA FISCAL IMPACT
The bill establishes a new Undersecretary of Transit and Growth in the Office of Policy and Management (OPM), with a salary of $87,361 - $133,320, plus associated other expenses and equipment of $10,000. It is unknown whether the newly created position would require additional staff, administrative support or use of consultant services, if so, costs to OPM could be significantly more. The budget bill, sHB 5007, as favorably reported by the Appropriations Committee on March 30, 2006 contains funding of $335,000 for additional positions; it is uncertain whether funds would be used for this purpose. Additionally, the bill requires the Undersecretary of Transit and Growth to prepare a state-wide build out analysis, and the bill requires that adequate funds be appropriated from the Special Transportation Fund for FY 07 to acquire the appropriate planning tools including digital photography, and geographic information system mapping equipment. The level of funds required is unknown.
OLR ANALYSIS
The bill requires an undersecretary in OPM to be designated as the undersecretary of transit and growth. It adds the undersecretary of transit and growth to the membership of the Transportation Strategy Board (TSB) and designates him as its executive director. It makes him responsible for the TSB's work, including overseeing implementation of its initiatives. It makes the undersecretary, rather than the entire TSB, responsible for several things the law requires including (1) submission of certain required reports to the governor and legislative committees; (2) coordination and preparation of the performance reports required for TSB projects that require accompanying economic development plans; (3) monitoring, planning, and implementation of TSB projects; and (4) preparing an analysis of the short- and long-term effects of the transportation strategy on mobility, economic development, and the environment of the state. The undersecretary must consult with agencies represented on the TSB when performing his duties, but he must report to the OPM secretary.
The bill requires the undersecretary of transit and growth to (1) make recommendations that foster regional commuter and freight initiatives with neighboring northeastern states and identify potential public-private partnerships with respect to TSB projects; (2) prepare a statewide “build-out” analysis to refine TSB projects and provide technical assistance and capacity building to municipalities and regional agencies to help them establish plans that comply with the state plan of conservation and development; and (3) submit an annual report, beginning on or before January 1, 2007, to the governor and the legislature's Transportation, Finance, and Planning and Development committees on the implementation status of TSB projects. The required report must include recommended revisions to projects, an explanation of any obstacles to their completion, and the anticipated advantages and disadvantages of completing them. When the committees receive the report, they must hold a joint public hearing to evaluate the progress or lack thereof on implementing the TSB projects. The undersecretary and the transportation, environmental protection, economic and community development, and public safety commissioners, and the policy and management secretary, all of whom are members of the TSB, must all attend the public hearing.
The bill requires funds to be appropriated to OPM from the STF for FY 07 for the undersecretary to acquire appropriate planning tools, including digital aerial photography and geographic information system mapping equipment, to complete the required statewide build-out analysis. The amount of the appropriation is not specified. The analysis must be finished by January 1, 2007.
Currently, the DOT, OPM, and Department of Economic and Community Development are required to provide staff assistance to the TSB. The bill requires this to be done at the direction of the undersecretary of transit and growth. The bill also gives the undersecretary, instead of the OPM secretary, the authority to approve hiring of consultants for the TSB within available appropriations, although the undersecretary must consult with the secretary in this regard.
The bill provides the TSB with authority to develop and implement additional projects as directed by the undersecretary of transit and growth after consulting with the TSB.
The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
§ 12 – URBAN ACTION BONDING FOR TRANSIT-ORIENTED DEVELOPMENT
OFA FISCAL IMPACT
Permitting the use of previously authorized Urban Action Program bonds for transit-oriented projects has no immediate fiscal impact because no additional GO bonds are authorized. However, it may increase future debt service costs if the provision causes bond funds to be expended more rapidly than they otherwise would have been.
OLR ANALYSIS
The bill permits the use of previously authorized general obligation bonds available under the Urban Action Program to be used with the State Bond Commission's approval for transit-oriented development projects in any municipality.
THE OUT YEARS
The provision may increase future debt service costs if it causes bond funds to be expended more rapidly than they otherwise would have been.
§ 19 – STO BOND AUTHORIZATIONS FOR TRANSPORTATION PROJECTS
OFA FISCAL IMPACT
The bill authorizes $2.5 billion in STO bonds between 7/1/07 and 7/1/16 for Transportation Strategy Board projects. The interest cost to bond this amount over 20 years is $1.86 billion, assuming a 6% interest rate. These bonds may be used to leverage federal highway funding to the degree that Connecticut's federal allocation is not being used for other transportation projects.
OLR ANALYSIS
The bill authorizes the State Bond Commission to issue $2.5 billion in STO bonds in annual amounts of $250 million for 10 years beginning in FY 08 and ending in FY 17. It allows such additional amounts of bonds to be authorized as are required to fund any debt service and reserve account in accordance with bond proceedings authorizing the bonds and the costs of issuance, capitalized interest, if any, and the initial costs and expenses of the administration account. In computing the total amount of bonds that may be outstanding at any time, the bill requires the principal amount of any refunding bonds to be excluded.
The bill states that it is the General Assembly's finding that it is an essential governmental function to (1) improve personal mobility and the movement of goods and freight in and through Connecticut; (2) integrate transportation and economic development, land use, environmental and quality of life issues; (3) integrate the state economy with regional, national, and global economies; and (4) provide adequate and reliable funding for a quality multimodal transportation system. Financing traffic improvements is deemed to be in the public interest, will achieve the public purpose of reducing overall costs due to traffic congestion and delays, and will foster and promote economic growth, provide employment opportunities and help companies reduce their costs of doing business in the state.
The bill authorizes use of the bonds for the purposes specified in Sec. 13b-57h of the general statutes, which identifies specific projects recommended by the TSB in each of the five transportation investment areas established by law as part of the process for developing and implementing a state transportation strategy. It requires all of these projects to be initiated by the DOT in consultation with the TSB and the undersecretary of transit and growth no later than July 1, 2016.
THE OUT YEARS
For every year in which $250 million in STO bonds is issued, the annualized ongoing fiscal impact for the principal and interest payments is $21.8 million per year for 20 years, assuming a 6% interest rate.
§§ 20 & 21 – PETROLEUM PRODUCTS GROSS RECEIPTS TAX INCREASES AND FUND TRANSFERS
OFA FISCAL IMPACT
The table below provides a schedule of the rate changes and revenue gains associated with increasing the quarterly gross earnings tax on companies that distribute certain petroleum products in Connecticut.
Petroleum Products Gross Receipts Tax Tax Rates and Revenue Gains by Fiscal Year | ||||
Fiscal Year |
Effective Date |
Current Law |
New Rate |
Revenue Gain ($ Millions) |
FY 06 |
7/1/05 |
5.8% |
5.8% |
0 |
FY 07 |
7/1/06 |
6.3% |
6.3% |
0 |
FY 08 |
7/1/07 |
7.0% |
7.3% |
14.2 |
FY 09 |
7/1/08 |
7.5% |
8.1% |
27.5 |
FY 10 |
7/1/09 |
7.5% |
8.4% |
42.1 |
FY 11 |
7/1/10 |
7.5% |
8.6% |
52.5 |
FY 12 |
7/1/11 |
7.5% |
8.9% |
68.0 |
FY 13 |
7/1/12 |
7.5% |
9.1% |
79.2 |
FY 14 |
7/1/13 |
8.1% |
10.1% |
93.4 |
FY 15 |
7/1/14 |
8.1% |
10.3% |
104.6 |
FY 16 |
7/1/15 |
8.1% |
10.6% |
121.0 |
FY 17 & after |
7/1/16 |
8.1% |
10.8% |
133.0 |
The bill specifies that the revenue gain associated with the tax increase will be deposited into the General Fund and transferred to the Transportation Strategy Board projects account in the Special Transportation Fund. It is assumed that the revenue will be used to pay the additional debt service costs identified for the STO bonds authorized by this bill.
OLR ANALYSIS
Tax Rate Increases
Currently, the petroleum products gross receipts tax, which is paid by companies that distribute certain products in Connecticut that contain or are made from petroleum or petroleum derivatives, is 5.8% for FY 06, 6.3% for FY 07, 7% for FY 08, 7.5% for FY 09 through FY 13, and 8.1% for FY 14 and thereafter. The bill changes this schedule as shown in the table below.
Fiscal Year |
Current Law |
sHB 5715 |
2006 |
5.8% |
5.8% |
2007 |
6.3% |
6.3% |
2008 |
7.0% |
7.3% |
2009 |
7.5% |
8.1% |
2010 |
7.5% |
8.4% |
2011 |
7.5% |
8.6% |
2012 |
7.5% |
8.9% |
2013 |
7.5% |
9.1% |
2014 |
8.1% |
10.1% |
2015 |
8.1% |
10.3% |
2016 |
8.1% |
10.6% |
2017 and beyond |
8.1% |
10.8% |
Tax Revenue Transfers
Currently, each calendar quarter, the revenue services commissioner must deposit into the STF a specific amount of the revenue generated from the petroleum products tax. The bill requires additional quarterly transfers of revenue from the tax into the TSB projects account in the STF. The required quarterly transfers are shown in the following table.
Fiscal Year |
Quarterly Deposit into TSB Projects Account |
2008 |
$3.55 million |
2009 |
$6.875 million |
2010 |
$10.525 million |
2011 |
$13.125 million |
2012 |
$17.0 million |
2013 |
$19.8 million |
2014 |
$23.35 million |
2014 |
$26.15 million |
2016 |
$32.25 million |
2017 and beyond |
$33.25 million |
As is the case for the deposits made into the STF under the current law, if in any calendar quarter the receipts from the petroleum products tax are less than the amount required to be transferred to the TSB projects account under the bill, the revenue services commissioner must certify the amount of the shortfall to the state treasurer who must then transfer an amount equal to the shortfall from the General Fund.
THE OUT YEARS
The tables above summarize the revenue gains and transfers for the out years.
§§ 22 – 24 REMITTANCE OF CERTAIN MOTOR VEHICLE FINES TO MUNICIPALITIES
OFA FISCAL IMPACT
The bill diverts revenues generated by fines imposed for certain motor vehicle violations from the state's Transportation Fund to various municipalities, provided the violations occur on public roads that are owned and controlled by municipalities. It is estimated that $6.5 million could be diverted each year under this provision.
It is unknown to what extent, if any, this provision would result in an increase in enforcement actions by local police departments yielding a revenue increase for the state and municipalities from the additional fines and associated surcharges imposed. It is anticipated that any such revenue increase to the Transportation Fund would not be sufficient to offset the revenue loss under the bill. The state General Fund and Criminal Injuries Compensation Fund could each experience an indeterminate revenue gain if this provision results in additional fines being imposed since revenues from the surcharges are deposited into these funds.
The Judicial Department would incur a one-time minimal cost (i.e., less than $50,000) to modify its computer and accounting systems in order to implement these Sections. The ongoing processing of remittances to municipalities could be accommodated by the Judicial Department within budgeted resources.
OLR ANALYSIS
The bill requires the fines collected for certain specific motor vehicle violations that occur on roads under municipal jurisdiction to be remitted by the court to the municipality in which they occurred. Currently, all such fines go to the STF. Under the bill, these fines must be remitted to the municipalities instead by the appropriate court officials on a quarterly basis.
The following table identifies the violations for which fines must be remitted to municipalities and the current fine.
Statute |
Violation |
Fine |
14-18 |
Violating requirements regarding proper attachment and display of number plates and registration sticker, use of illegible or mutilated plates, reporting lost plates, and returning plates upon registration expiration |
$35 |
14-26 |
Registration violations pertaining to service buses, taxicabs, school buses, and motor vehicles in livery service (no registration, improper use of registration, failure to keep record of vehicle operator, failure to carry registration) |
$35 $45 for failure to carry registration |
14-27 |
Failure to display number plates on public service vehicle (motor bus, taxicab, school bus, motor vehicle in livery service) |
$35 |
14-29 |
Operating service bus, taxicab, school bus, or motor vehicle in livery service without insurance or bond required by law or violating other applicable requirements |
Up to $500 |
14-35 |
Improper use of transporter plate |
$250 |
14-36 |
Violating various provisions relating to licensure (operating without a license, in violation of license class or restriction, operating with out-of-state license after 30 days of residence, allowing a person under age 16 to drive) but not including violations relating to learner's permit and driving restrictions applicable to 16- and 17-year old drivers |
$75 (1st) $250-$300 (sub.) |
14-39 |
Nonresident operation of a commercial motor vehicle without a commercial driver's license Failure of nonresident to have proper identification plate or marker on vehicle not registered in Connecticut |
$50 $35 |
14-81 |
Improper brakes on trailer or semitrailer |
$50 |
14-97 |
No defroster on school bus or vehicle used to transport passengers for hire |
$35 |
14-98 |
Tire and wheel requirements and restrictions on use of studded tires |
$35 (1st) Up to $200 (sub.) |
14-99 |
Failure to have rear view mirror Failure of operator of vehicle with commercial registration to have unobstructed view to the rear and left using a mirror and, when driving below posted speed limit, to move to the right when safe to do so to allow following vehicle to pass |
$35 |
14-101 |
Violations concerning use and operable condition of turn signals |
$35 |
14-102 |
In a motor vehicle transporting passengers for hire, failing to have exits on more than one side of vehicle or having unobstructed view of entire passenger compartment from within vehicle |
$35 |
14-103 |
Willfully interfering with, obstructing, or attempting to interfere with or obstruct, examination of the number, equipment, or identification of a motor vehicle by authorized law enforcement official |
Up to $50 |
14-104 |
Operating a motor vehicle without fenders or a commercial vehicle without wheel protectors |
$50 |
14-105 |
Improper use of television screen or similar device visible to driver of motor vehicle |
$35 |
14-106 |
Selling motor vehicle air conditioning equipment without a motor vehicle dealer's or repairer's license Operating a motor vehicle with air conditioning equipment that violates state requirements |
$35 |
14-146 |
Throwing objects at a motor vehicle or on the highway |
Up to $500 |
14-147 |
Improper use of marker plate, registration, or license |
Up to $200 for counterfeiting or making substitute license plate, altering a license or registration, or giving, loaning, or selling a counterfeit or altered plate, license, or registration to another Up to $100 for loaning or selling a driver's license, registration, or marker plate for use by another person Up to $100 for using a registration or license other than the one he was issued or for a different vehicle |
14-148 |
Failing to turn in current marker plates not issued to person who finds or possesses them |
$35 |
14-149 |
Purchasing, selling, or possessing a motor vehicle or construction equipment, or a major component part thereof, an agricultural tractor or farm implement with a mutilated, altered, or removed vehicle identification number or engine number, or a number which shows evidence of having been tampered with |
Up to $2,500 (1st) Up to $5,000 (sub.) |
14-150 |
Abandoning a motor vehicle within the limits of a highway or on the property of another without his consent |
$90 |
14-213 |
Failing to carry driver's license |
$ 35 |
14-214 |
Limits on instructing unlicensed person |
$ 35 |
14-215 |
Driving while under license suspension or revocation Driving while under suspension for drunk driving, administrative per se suspension, manslaughter with a motor vehicle (2nd degree), or assault with a motor vehicle (2nd degree) |
$ 150-$ 200 (1st) $ 200-$ 600 (sub.) In addition, someone who has a prior conviction of this offense may be required to pay an additional fine of up to $ 500 $ 500-$ 1,000 |
14-216 |
Operation, or allowing operation by, person under age 18 without sufficient insurance coverage |
$ 50 |
14-217 |
Refusing to show or surrender license, registration, or insurance identification card to proper authorities or giving false name or address to authorities |
$75 |
14-218a |
Traveling unreasonably fast |
$35-$90 depending on the amount vehicle exceeds posted speed limit |
14-219 |
Speeding |
Variable—See below |
Base fines for speeding range from $ 35 to $ 150 for cars. The fine for trucks ranges from $ 100 to $ 200. The actual fine depends on the speed above the posted limit and whether the speed exceeds 70 mph on limited access highways and 60 mph on other types of roads. | ||
14-220 |
Excessively slow speed |
$ 35 |
14-221 |
Transporting passengers for hire in a vehicle with a normal speed of 15 mph or less without a permit |
$ 35 |
14-222 |
Reckless driving |
$ 100-$ 300 (1st) Up to $ 600 (sub.) |
14-223 |
Failing to stop when signaled or disregarding officer's signal |
$35 (1st) |
14-224 |
Evading responsibility following an accident Racing for a wager |
Up to $ 10,000 (death or serious injury) $ 75-$ 600 (lesser injury or property damage) (1st) $ 100-$ 1,000 (sub.) $ 75-$ 600 (1st) $ 100-$ 1,000 (sub.) |
14-225 |
Evading responsibility if operating other than a motor vehicle |
Up to $ 500 |
14-226 |
Failing to render assistance to and report injury or death to a dog caused by vehicle operation |
$35 |
14-228 |
Leaving motor vehicle on highway without setting brakes |
$35 |
14-230 |
Failing to drive to the right when required by law |
$ 35 $ 50 (if wide load vehicle) |
14-231 |
Failing to grant half of highway to oncoming vehicle |
$ 35 |
14-232 |
Improper passing including maintaining a safe distance and cutting in |
$ 35 |
14-233 |
Passing on the right |
$ 35 |
14-235 |
Failing to keep right on a curve or upgrade, at an intersection, or at a railroad-highway grade crossing |
$ 35 |
14-236 |
Failing to drive in the proper lane on a multi-lane highway |
$ 35 |
14-237 |
Driving in the wrong lane, in the wrong direction, or across the dividing space of a divided highway |
$ 75 |
14-238 |
Entering or leaving a controlled-access highway at other than an established entrance or exit |
$ 35 |
14-239 |
Driving the wrong way on a one-way street or around a rotary |
$ 35 |
14-240 |
Following too closely |
$ 35 $100-$150 if a commercial vehicle combination |
14-241 |
Improper turning |
$ 35 |
14-242 |
Making a restricted turn, failing to signal a turn, failing to yield to oncoming vehicle when making a left turn, or impeding a bicyclist while making a right-hand turn |
$ 35 |
14-243 |
Unsafe starting or backing |
$ 35 |
14-244 |
Improper signaling for turns or stopping |
$ 35 |
14-245 |
Failing to grant the right of way at an intersection |
$ 35 |
14-246a |
Failing to grant the right of way when entering through traffic at a T-intersection |
$ 35 |
14-247 |
Failing to grant the right of way when entering a highway from a private road or driveway |
$ 35 |
14-249 |
Failing to stop at a railroad crossing when warning signals are operating |
$ 90 |
14-250 |
Failing to stop at a railroad crossing (certain commercial vehicles and public service vehicles) Improper crossing due to insufficient undercarriage clearance or crossing without sufficient space to clear track without stopping |
$150-$250 (commercial vehicles with passengers, vehicles used to transport school children, service buses, tankers, and vehicles carrying hazardous materials) …… $ 90 |
14-257 |
Driving from a crowded front seat or with riders on the outside of the vehicle or driving a for-hire vehicle with passengers in aisle seats |
$ 35 |
14-260 |
Putting fuel in vehicle's fuel tank with engine running |
$35 |
14-261 |
Towing vehicles separated by more than 20 feet, failing to use a tow bar, or improperly pulling or pushing a vehicle |
$ 35 |
14-271 |
Driving with an improperly secured or covered load Operating refuse collection vehicle without container cover |
$ 50 $ 75 |
14-273 |
Improperly operating a vehicle for which a passenger or school license endorsement is required (overcrowding, exceeding capacity, person on outside of vehicle, improper seating) |
$ 35 |
14-274 |
Violating maximum hours of service requirements when driving a commercial vehicle requiring a passenger or school license endorsement |
$ 35 (1st) $ 100-$ 500 (sub. ) |
14-275 |
Violating school bus equipment and construction requirements |
$35 (1st) $100-$500 (sub.) |
14-276 |
Operating a school bus without a valid passenger and school license endorsement or permitting operation by someone without such an endorsement |
$75 |
14-277 |
Failing to perform operator's duties upon stopping school bus; illegal idling of school bus |
$50 (1st) $100-$500 (sub.) |
14-279 |
Passing a standing school bus with warning signals flashing |
$100-$500(1st) |
14-280 |
Failing to conceal “school bus” marking when bus is used for other purpose |
$35 (1st) $100-$500 (sub.) |
14-281 |
General penalty for violating school bus requirements when no other penalty is specified |
$25-$100 (1st) $100-$500 (sub.) |
14-282 |
Failing to repaint former school bus a color other than yellow |
$35 |
14-283 |
Failing to pull right and stop for an emergency vehicle Willfully or negligently obstructing an emergency vehicle |
$ 50 ……… ………………… Up to $ 200 |
14-285 |
Failing to equip a vehicle other than a motor vehicle with a rear view mirror |
$35 |
14-286 |
Failing to give audible signal, like ringing a bell, when operating a bicycle and overtaking a pedestrian or another bicyclist; illegal operation of a bicycle with a helper motor; operating a bicycle with a helper motor without a driver's license (Does not include violations of other requirements for operating bicycles) |
$35 |
14-295 |
Double or treble damage award for injuries sustained through deliberately or through reckless disregard in operation of motor vehicle in violation of certain laws |
This provision relates to damage awards in civil actions. There are no fines involved in its application. Thus it appears municipalities could get no revenue directly from its application |
14-296 |
General penalty for Chapter 248 violations not designated as infractions or with no penalty specified |
Up to $50 |
14-300 |
Failing to yield right of way to pedestrian lawfully in crosswalk, overtaking and passing a vehicle stopped at crosswalk to permit pedestrian to cross, or failing to yield to pedestrian or other traffic when crossing a sidewalk |
$35 |
14-314 |
A person, firm, or corporation failing to comply with an order made pursuant to any provision of Chapter 249 Any person, firm, or corporation failing to comply with a traffic control signal, sign, marking, or other device erected by the State Traffic Commission or local traffic authority when no other penalty is provided by law |
Up to $5,000 ……………… Violator is deemed to have committed an infraction, but no fine has been designated in the infractions schedule under this statute |
THE OUT YEARS
Provided that enforcement levels remain constant, the estimated $6.5 million revenue loss to the Transportation Fund and corresponding revenue gain to municipalities will remain constant into the future.
§§ 26 – 30 STUDY AND OTHER REQUIREMENTS APPLICABLE TO DOT
OFA FISCAL IMPACT
State Impact:
Agency Affected |
Fund-Effect |
FY 07 $ |
FY 08 $ |
Department of Transportation |
TF - Cost |
Significant |
Significant |
Note: TF=Transportation Fund
Explanation
There is a combined cost to the Department of Transportation in excess of $5 million for sections 26 through 30 of this bill. It is estimated each study would cost at least $1 million and take at least 18 months to complete once the consultant(s) begin work. The bill requires each study is to be completed by January 1, 2007.
The Department of Transportation will require four additional staff engineers at a $75,000 plus fringes, on going, to meet the reporting requirements for these provisions.
OLR ANALYSIS
The bill requires the transportation commissioner to recommend to the railroads operating in Connecticut that rail service between New Haven and New London expand its hours of operation by initiating reverse commute service and adding or expanding weekend service. Currently, Amtrak provides commuter service under contract to the state between New Haven and New London through the Shoreline East commuter service.
The bill also requires DOT, in conjunction with the TSB, to develop a plan to initiate ongoing formal discussions with Massachusetts and New York regarding opportunities to enhance regional commuter and freight mobility. The plan must include, among other things, (1) recommendations on how best to involve the governors, legislative leaders and other governmental officials of each jurisdiction in the discussions; (2) a list of regional transportation issues with indication of sources and availability of funding to address each issue; and (3) lists of other public and private entities in each jurisdiction that should be included in discussions. DOT must report its plan and implementation recommendations to the Transportation Committee by January 1, 2007.
The bill also requires DOT, in conjunction with the TSB, to study the feasibility of (1) creating a bi-state Bradley International Airport Authority, (2) building a fuel cell power station to generate power for the New Haven Line, and (3) creating a commuter rail line from New London to Worcester, Massachusetts. DOT must report its findings and recommendations to the transportation Committee by January 1, 2007. The DOT and TSB must consult with the Bradley International Airport Board of directors in the course of its study of a bi-state airport authority. The fuel cell power station study must consider, at least, a plan for generating a large percentage of the line's peak power needs, as well as having the station serve as a backup in emergencies.
THE OUT YEARS
State Impact:
Agency Affected |
Fund-Effect |
FY 09 $ |
FY 10 $ |
FY 11 $ |
FY 12 $ |
FY 13 $ |
Department of Transportation |
TF - Cost |
Significant |
Significant |
Significant |
Significant |
Significant |
Note: TF=Transportation Fund
BACKGROUND
Related Bills
Two bills sHB 5657 (File 123) and SB 537 (File 139) also provide municipalities with money for certain motor vehicle violations. sHB 5657 imposes a 20% surcharge on the base fine assessed for certain violations payable to the municipality in which the arrest was made, regardless of the agency that makes the arrest. SB 537 imposes a $10 surcharge on 35 specified violations and remits them to the municipalities in which they occurred. The lists of violations differ in all three bills.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute Change of Reference
Yea |
30 |
Nay |
0 |
(03/13/2006) |
Finance, Revenue and Bonding Committee
Joint Favorable Substitute
Yea |
45 |
Nay |
5 |
(04/04/2006) |