AN ACT IMPROVING BICYCLE AND PEDESTRIAN ACCESS.

1. requires, beginning October 1, 2010, a minimum of 1% of the total funds received in any fiscal year by the Department of Transportation (DOT) and any municipality for construction, 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 transportation commissioner to report, later this year and next year, to the Transportation Committee and the advisory board with a list of transportation projects he has undertaken that contain bicycle and pedestrian access.

*Senate Amendment “A” (1) deletes the bill's provision requiring issuance of a special “Share the Road” license plate; (2) makes the 1% minimum expenditure applicable on and after October 1, 2010 instead of on July 1, 2009; (3) adds the exceptions to the minimum expenditure requirement for state and local transportation emergencies and if the accommodation of all users is inconsistent with a state or municipal construction, maintenance, and repair program; (4) gives the advisory board until January 15, 2010, rather than January 1, 2010, to issue its first annual report; (5) requires the board to elect a vice-chair and a secretary, as well as a chairperson and permits a majority of the board's members to call for a meeting; (6) requires DOT to submit a list of transportation projects that contain bicycle and pedestrian access; (7) makes the provision requiring DOT to print and distribute the advisory board report and mail meeting notices applicable within available appropriations; and (8) makes several other minor changes.

The bill requires a reasonable amount of any funds received by the DOT or any municipality for construction, 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. Beginning October 1, 2010, 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 road construction, maintenance, and repair. This appears to include virtually any funds the state or municipalities appropriate or bond for roads, except if it is for road resurfacing. It 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 DOT and every municipality to take “future transit expansion plans” into account where appropriate.

The bill does not require these mandatory expenditures in the event of a state or municipal transportation emergency or if the DOT commissioner or a municipality's legislative body determines with respect to a highway, road, or street that (1) non-motorized usage is prohibited; (2) there is no need; (3) the accommodation of all users would be an excessively expensive component of the total project cost; or (4) the accommodation of all users is inconsistent with the state's or municipality's construction, maintenance, and repair program.

The Connecticut Bicycle and Pedestrian Advisory Board is within 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, vice-chairperson, and secretary 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 or if a majority of members requests a meeting.

The bill specifies the board's duties to include; (1) examining the need for bicycle and pedestrian transportation; (2) promoting programs and facilities for bicycles and pedestrians; and (3) advising appropriate state agencies on policies, programs, and facilities for bicycles and pedestrians. The board 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 and, within available appropriations, printing its annual report, distributing copies, and mailing meeting notices.

By January 15, 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.

By October 1, 2009, and again by October 1, 2010, the bill requires the transportation commissioner to report to the Transportation Committee and advisory board with a list of state- or federally funded projects that have been undertaken which contain bicycle and pedestrian access. The bill explicitly includes any federally funded projects under the Interstate Maintenance, National Highway Safety, Congestion Mitigation and Air Quality, and Transportation Enhancement programs, but the requirement does not exclude other federal transportation programs.

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. Senate “A” deletes the Share the Road license plate provision.

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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)