AN ACT IMPROVING BICYCLE AND PEDESTRIAN ACCESS.

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.

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.

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.

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.

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.

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.

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.

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.

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(03/16/2009)

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(04/13/2009)

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(04/23/2009)

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(05/05/2009)