File No. 970

Senate, May 18, 2009

The Committee on Appropriations reported through SEN. HARP of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT IMPROVING BICYCLE AND PEDESTRIAN ACCESS.

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

Section 1. (NEW) (Effective July 1, 2009) (a) For the purposes of this section:

(1) "Department" means the Department of Transportation;

(2) "Funds" means any funds from the Special Transportation Fund, bond allocations and any other source that is available for the construction, maintenance and repair of roads in this state;

(3) "User" means a motorist, transit user, pedestrian or bicyclist;

(4) "Bikeway" means any road, street, path or way which in some manner is specifically designated for bicycle travel, including the provision of a bicycle lane, regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other modes of transportation; and

(5) "Total project cost" means the cost of the entire corridor plan project.

(b) Accommodations for all users shall be a routine part of the planning, design, construction and operating activities of all highways, roads and streets in this state.

(c) From funds received by the department or any municipality for the construction, resurfacing, restoration, rehabilitation or relocation of highways, roads or streets, a reasonable amount shall be expended to provide facilities for all users including, but not limited to, bikeways and sidewalks with appropriate curb cuts and ramps, provided in no event shall less than one per cent of the total amount of funds received in any fiscal year be so expended. The department or municipality shall take future transit expansion plans into account where appropriate.

(d) The provision of facilities pursuant to subsection (c) of this section shall not be required if the Commissioner of Transportation or the municipal project manager demonstrates and documents with respect to a highway, road or street that: (1) Nonmotorized usage is prohibited; (2) there is a demonstrated absence of need; or (3) the accommodation of all users would be excessively expensive to the total project cost.

Sec. 2. (NEW) (Effective July 1, 2009) (a) There is established a Connecticut Bicycle and Pedestrian Advisory Board which shall be within the Department of Transportation for administrative purposes only.

(b) The board shall consist of eleven members appointed as follows: The Governor shall appoint five members and the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives and the minority leader of the Senate shall each appoint one member. The members shall be electors of the state and have a background and interest in issues pertaining to walking and bicycling, one of whom shall be a representative of an organization interested in the promotion of bicycling, one of whom shall be a representative of an organization interested in the promotion of walking, one of whom shall be an owner or manager of a business engaged in the sale or repair of bicycles, one of whom shall be a representative of visually-impaired persons, one of whom shall be a representative of mobility-impaired persons, one of whom shall be a representative of transit workers and one of whom shall be a person sixty years of age or older.

(c) All members shall serve for a term of four years, except that of the members first appointed by the Governor, three members shall serve for an initial term of two years and two members shall serve for an initial term of three years. Any vacancy in the membership of the board shall be filled by the appointing authority for the unexpired term. Members shall receive no compensation for their services.

(d) The board shall, at its first meeting and annually thereafter, select a chairperson from among its members. The board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary.

(e) The duties of the board shall include, but not be limited to, promoting programs and facilities for bicycles and pedestrians in this state, and advising appropriate agencies of the state on policies, programs and facilities for bicycles and pedestrians.

(f) The board may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, independent authorities and private firms, individuals and foundations, for the purpose of carrying out its responsibilities.

(g) The Department of Transportation shall assist the board in carrying out its responsibilities by making available department reports and records related to the board's responsibilities, printing the board's annual report or distributing copies thereof as may be required and mailing notices of the board's meetings as may be required.

(h) Not later than January 1, 2010, and annually thereafter, the board shall submit a report, in accordance with section 11-4a of the general statutes, to the Governor, the Commissioner of Transportation and the joint standing committee of the General Assembly having cognizance of matters relating to transportation on (1) the progress made by state agencies in improving the environment for bicycling and walking in this state, (2) recommendations for improvements to state policies and procedures related to bicycling and walking, and (3) specific actions taken by the Department of Transportation in the preceding year that affect the bicycle and pedestrian environment.

Sec. 3. (NEW) (Effective July 1, 2009) (a) On and after January 1, 2010, the Commissioner of Motor Vehicles shall issue, within existing budgetary resources, Share the Road commemorative number plates of a design to enhance public awareness of the rights and responsibilities of both motorists and bicyclists while jointly using the highways of this state. The design shall be determined by agreement between the Department of Transportation and the Commissioner of Motor Vehicles, in consultation with an organization advocating on behalf of bicyclists. No use shall be made of such plates except as official registration marker plates.

(b) A fee of sixty dollars shall be charged for Share the Road commemorative number plates, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. Fifteen dollars of such fee shall be deposited in an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such number plates and forty-five dollars of such fee shall be deposited in the account established under subsection (d) of this section. No additional fee shall be charged in connection with the renewal of such number plates. No transfer fee shall be charged for transfer of an existing registration to or from a registration with Share the Road commemorative number plates. Such number plates shall have letters and numbers selected by the Commissioner of Motor Vehicles. The commissioner may establish a higher fee for: (1) Number plates that contain the numbers and letters from a previously issued number plate; (2) number plates that contain letters in place of numbers as authorized by section 14-49 of the general statutes, in addition to the fee or fees prescribed for registration under said section; and (3) number plates that are low number plates issued in accordance with section 14-160 of the general statutes, in addition to the fee or fees prescribed for registration under said section. All fees established and collected pursuant to this section, except the amount deposited in the account controlled by the department, shall be deposited in the Share the Road account established under subsection (d) of this section.

(c) The Commissioner of Motor Vehicles, in consultation with the Commissioner of Transportation, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and replacement of Share the Road commemorative number plates.

(d) There is established a Share the Road account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be expended by the Department of Transportation to enhance public awareness of the rights and responsibilities of bicyclists and motorists while jointly using the highways of this state and to promote bicycle use and safety in this state. The Commissioner of Transportation may receive private donations to said account and any such receipts shall be deposited in said account.

(e) The Commissioner of Motor Vehicles may provide for the reproduction and marketing of the Share the Road commemorative number plate image for use on clothing, recreational equipment, posters, mementoes or other products or programs deemed by the commissioner to be suitable as a means of supporting the
Share the Road account established under subsection (d) of this section. Any moneys received by the commissioner from such marketing shall be deposited in said account.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

A section by section fiscal impact of the bill is presented below.

Section 2 establishes a Connecticut Bicycle and Pedestrian Advisory Board within the Department of Transportation (DOT). DOT will be able to accommodate any additional administrative functions within their normal anticipated budgetary resources.

Section 3 requires the Department of Motor Vehicles (DMV) to issue and market within existing budgetary resources a commemorative license plate with the words “Share the Road” and appropriate image. The DMV will require 2 additional Program Coordinators at $50,000 each plus fringes in order to develop and market the Share the Road program. The requirement that DMV to issue and market the “Share the Road” commemorative plate within existing budgetary resources will likely result in one of four outcomes: (1) DMV will proceed with hiring staff and will require a deficiency appropriation during FY 10; (2) DMV will delay the hiring staff and issuance and marketing of the commemorative plate pending the approval of additional appropriations in future fiscal years; (3) DMV will shift administrative resources from other department priorities, thereby impacting existing departmental programs; or (4) DMV will not issue and market the “Share the Road” commemorative plate per provision of this bill.

Section 3 establishes a separate, non-lapsing account within the General Fund to be known as the “Share the Road Account”. Since the number of requests for the plate is unknown, the revenue to be deposited in the special, non-lapsing account within the General Fund is indeterminate.

Section 1 is technical and has no fiscal impact.

The Out Years

State Impact:

Note: TF=Transportation Fund

*These figures have been adjusted for inflation at a rate of 3%

Municipal Impact: None

OLR Bill Analysis

sSB 735

AN ACT IMPROVING BICYCLE AND PEDESTRIAN ACCESS.

SUMMARY:

This bill:

1. requires a minimum of 1% of the total amount of funds received in any fiscal year by the Department of Transportation (DOT) and any municipality for construction, resurfacing, restoration, rehabilitation, or relocation of any highway or street to be spent to provide facilities for “all users” including, at least, bikeways and sidewalks with curb cuts or ramps;

2. establishes an 11-member Connecticut Bicycle and Pedestrian Advisory Board to report to the governor, transportation commissioner, and the Transportation Committee on actions, policies, and procedures that improve the bicycling and walking environment in Connecticut; and

3. requires the motor vehicle commissioner to issue, within existing budgetary resources, a special “Share the Road” license plate with additional fees paid by those who request the plate used by the DOT to enhance public awareness of the relative responsibilities of bicyclists and motorists and to promote bicycle use and safety in Connecticut.

EFFECTIVE DATE: July 1, 2009

MANDATORY EXPENDITURES

The bill requires a reasonable amount of any funds received by the DOT or any municipality for construction, resurfacing, restoration, rehabilitation, or relocation of roads to be spent for facilities for “all users” including, at least, bikeways and sidewalks with curb cuts and ramps. This cannot be less than 1% of the total funds received in any fiscal year. It defines “funds” as any funds from the Special Transportation Fund, bond allocations, and any other source available for the construction, maintenance, and repair of roads. This appears to include virtually any funds the state or municipalities appropriate or bond for roads and includes federal funds and, in the case of municipalities, state town road aid grants and funding from the Local Capital Improvement Program (LoCIP). The bill also requires the DOT and every municipality to take “future transit expansion plans” into account where appropriate.

The bill does not require these mandatory expenditures if the DOT commissioner or a municipal project manager demonstrates and documents with respect to a highway, road, or street that (1) non-motorized usage is prohibited, (2) there is an absence of need, or (3) the accommodation of all users would be excessively expensive. However, the bill does not define excessive expense or how or to whom a demonstration must be made; nor does it specify that these things must be determined through regulations.

ADVISORY BOARD

Membership

The Connecticut Bicycle and Pedestrian Advisory Board is located in the DOT for administrative purposes only. Five members must be appointed by the governor with the other six members appointed, one each, by the House speaker, Senate president, House and Senate majority leaders, and House and Senate minority leaders. All members must be electors and have a background and interest in issues pertaining to walking and bicycling. Seven of the members must be appointed from the following constituencies:

1. a representative of an organization interested in promoting bicycling,

2. a representative of an organization interested in promoting walking,

3. an owner or manager of a business engaged in bicycle sales or repair,

4. a representative of visually-impaired persons,

5. a representative of mobility-impaired persons,

6. a representative of transit workers, and

7. a person who is at least age 60.

The bill does not specify which of the appointing authorities is responsible for appointing the members from the special constituencies.

Members serve four-year terms, except that, of the governor's initial five appointees, three must serve for two years and two for three years. Vacancies must be filled by the appointing authority for the unexpired term. All members must serve without compensation.

The members must select a chairperson at the first meeting and annually thereafter. The board must meet at least once each calendar quarter and any other time the chairperson deems necessary.

Duties and Responsibilities

The bill specifies the board's duties to include, (1) promoting programs and facilities for bicycles and pedestrians and (2) advising appropriate state agencies on policies, programs, and facilities for bicycles and pedestrians. It may also apply for and accept grants, gifts, and bequests from other states; federal and interstate agencies; independent authorities; and private firms, individuals, and foundations.

The bill requires DOT to assist the board by making available DOT reports and records related to the board's responsibilities, printing its annual report or distributing copies of it as required, and mailing notices of meetings if requested.

Annual Report

By January 1, 2010, and annually thereafter, the board must submit a report to the governor, DOT commissioner, and the Transportation Committee. The report must include (1) progress made by state agencies in improving the environment for bicycling and walking in Connecticut, (2) recommendations for improvement to state policies and procedures related to bicycling and walking, and (3) actions taken by DOT in the preceding year that affect the bicycle and walking environment.

“SHARE THE ROAD” LICENSE PLATE

Issuance of Plates

Beginning January 1, 2010, the bill requires the Department of Motor Vehicles (DMV) to issue, within existing budgetary resources, special “Share the Road” license plates to anyone requesting them. DMV must charge a fee of $60 for the plates in addition to any registration fee otherwise required for the vehicle, and can retain $15 of the $60 fee for the costs of producing, issuing, renewing, and replacing the plates. DMV may not charge a registration transfer fee for anyone who switches to the Share the Road plates from another plate.

The DMV commissioner may charge a higher fee for (1) plates that contain numbers and letters from someone's previously issued plate, (2) plates that contain letters in place of numbers (“vanity plates”), and (3) low-number plates issued in accordance with state law. The transportation and motor vehicle commissioners must determine the design of the plates by agreement, in consultation with an organization that advocates on behalf of bicyclists.

Share the Road Account

The bill establishes a special, nonlapsing account in the General Fund into which must be deposited $45 of the $60 special fee for issuing the plates. Funds in the account must be spent by DOT to enhance pubic awareness of the rights and responsibilities of bicyclists and motorists jointly using the highway and to promote bicycle use and safety. The DOT commissioner must deposit any private donations he receives into the account.

The DMV commissioner may provide for the reproduction and marketing of the Share the Road plate image for clothing, recreational equipment, posters, mementoes, or other products or programs he finds suitable. Any money received through such marketing must go into the special account.

BACKGROUND

Legislative History

The Senate referred the bill (File 394) to the Planning and Development Committee which reported it favorably. It was then referred to the Government Administration and Elections Committee, which also reported it favorably. The Senate referred it to the Appropriations Committee which reported a substitute bill adding the requirement that DMV issue the Share the Road license plates within existing budgetary resources.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute

Planning and Development Committee

Joint Favorable

Government Administration and Elections Committee

Joint Favorable

Appropriations Committee

Joint Favorable Substitute

¹ The fringe benefit costs for state employees are budgeted centrally in the Miscellaneous Accounts administered by the Comptroller on an actual cost basis. The following is provided for estimated costs associated with additional personnel. The estimated non-pension fringe benefit rate as a percentage of payroll is 25.43%. Fringe benefit costs for new positions do not initially include pension costs as the state's pension contribution is based upon the 6/30/08 actuarial valuation for the State Employees Retirement System (SERS) which certifies the contribution for FY 10 and FY 11. Therefore, new positions will not impact the state's pension contribution until FY 12 after the next scheduled certification on 6/30/2010.