CHAPTER 242*
TRANSPORTATION DEPARTMENT

PART I
GENERAL PROVISIONS

      Sec. 13b-1. Short title: State Transportation Act. This chapter shall be known as and may be cited as the "State Transportation Act".

      (1969, P.A. 768, S. 1.)

      Sec. 13b-2. Definitions. The following terms, when used in this chapter shall have the following meanings, unless the context otherwise requires:

      (1) "Aeronautics", "air navigation facility", "airport" and "restricted landing area" shall have the meanings prescribed in section 15-34;

      (2) "Bureau" means any of the operating bureaus established in the department pursuant to the provisions of section 4-8;

      (3) "Commissioner" means the Commissioner of Transportation appointed pursuant to this chapter;

      (4) "Department" means the Department of Transportation established pursuant to this chapter;

      (5) "Highway", "state highway" and "limited access state highway" shall have the meanings prescribed in section 13a-1;

      (6) "Motor carrier" means any person who operates motor vehicles over the highways of this state, whether over regular or irregular routes, in the transportation of passengers or property, or any class or classes thereof, for hire by the general public or for hire under special and individual contracts;

      (7) "Person" may include the United States, any state, or any agency, instrumentality, department or officer thereof;

      (8) "State highway system" shall have the meaning prescribed in sections 13a-14 and 13a-15;

      (9) "Transportation" means any form of transportation for people or goods within, to or from the state, whether by highway, air, water, rail or any other means.

      (1969, P.A. 768, S. 2; P.A. 75-247, S. 1, 4; P.A. 77-614, S. 549, 610; P.A. 03-115, S. 47.)

      History: P.A. 75-247 substituted "public transportation" for "rail and motor carrier services" in Subsec. (b); P.A. 77-614 deleted recital of bureau names and added reference to Sec. 4-8, (qualifications, duties and powers of department heads), effective January 1, 1979; P.A. 03-115 substituted numeric Subdiv. designators for alphabetic Subsec. designators.

      Sec. 13b-3. Department of Transportation. Appointment of commissioner. There shall be a Department of Transportation which shall be responsible for all aspects of the planning, development, maintenance and improvement of transportation in the state. The department head shall be the Commissioner of Transportation, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties therein prescribed.

      (1969, P.A. 768, S. 3.)

      Sec. 13b-4. Powers and duties of commissioner. The commissioner shall have the following general powers, duties and responsibilities:

      (1) To coordinate and develop comprehensive, integrated transportation policy and planning to include a long-range master plan of transportation for the state;

      (2) To coordinate and assist in the development and operation of a modern, safe, efficient and energy-conserving system of highway, mass transit, marine and aviation facilities and services;

      (3) To promote the coordinated and efficient use of all available and future modes of transportation;

      (4) To study commuter and urban travel and in cooperation with federal, regional and local agencies and persons to formulate and implement plans and programs to improve such travel;

      (5) To study means of providing facilities for parking motor vehicles so as to encourage travel by the combination of motor vehicle and other modes of transportation and in cooperation with federal, regional and local agencies and persons to formulate and implement plans and programs for this purpose;

      (6) To study means of improving transportation safety and to formulate and implement plans and programs and adopt regulations, in accordance with chapter 54, for this purpose;

      (7) To study the operations of existing airports, to determine the need for changes in such airports and the need for future airports, and to formulate and implement plans and programs to improve aviation facilities and services;

      (8) To cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation;

      (9) To exercise and perform such other duties and responsibilities as may be conferred under this chapter and title 13a or as may otherwise be conferred by law;

      (10) To prepare a plan setting forth a recommendation for a restructured system of regional transit districts within the state. Said plan shall be based on: (A) Established patterns of commuter traffic within the state; (B) federal requirements for receiving aid under the Urban Mass Transportation Act of 1964, and (C) present planning regions. On or before February 1, 1978, the commissioner shall present such plan to the General Assembly;

      (11) To prepare pertinent reports, including but not limited to, detailed reports of energy use analysis by mode of transportation;

      (12) To provide for the planning and construction of any capital improvements and the remodeling, alteration, repair or enlargement of any real asset that may be required for the development and operation of a safe, efficient system of highway, mass transit, marine and aviation transportation, provided (A) the acquisition, other than by condemnation, or the sale or lease, of any property that is used for such purposes shall be subject to the review and approval of the State Properties Review Board in accordance with the provisions of subsection (f) of section 4b-3, and (B) any contract for the planning, construction, remodeling, alteration, repair or enlargement of any public building which is estimated to cost more than five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n; and

      (13) To participate, subject to the availability of funds, in transit-oriented development projects at or near transit facilities.

      (1969, P.A. 768, S. 4; P.A. 77-33, S. 2; 77-614, S. 550, 610; P.A. 81-421, S. 3, 9; P.A. 82-446, S. 3, 4; P.A. 83-587, S. 27, 96; P.A. 91-124, S. 3; P.A. 03-115, S. 48; 03-215, S. 13; June Sp. Sess. P.A. 07-7, S. 94.)

      History: P.A. 77-33 added new Subsec. (j) providing for preparation of plan for restructured regional transit districts to be presented by February 1, 1978; P.A. 77-614 added new Subsec. (k) providing for preparation of reports, substituted "integrated" for "balanced" in Subsec. (a), and added "energy conserving" as a qualification in Subsec. (b), effective January 1, 1979; P.A. 81-421 expanded the powers of the commissioner to include the planning and construction of capital improvements related to highway, mass transit, marine and aviation transportation while maintaining the role of the state properties review board; P.A. 82-446 clarified the role of the state properties review board in approving contracts with architects or engineers; P.A. 83-587 made a technical amendment, restoring language inadvertently dropped in the printing of the statutes; P.A. 91-124 in Subdiv. (12) deleted the requirement that the properties review board approve selection of and contract with any architect or engineer; P.A. 03-115 amended Subdivs. (6), (10) and (11) to make technical changes; P.A. 03-215 amended Subdiv. (12) to designate existing proviso as Subpara. (A) and add Subpara. (B) re the advertisement and award of public building contracts valued over $500,000, effective October 1, 2004; June Sp. Sess. P.A. 07-7 added Subdiv. (13) re transit-oriented development projects, effective November 2, 2007.

      See chapter 244 (Sec. 13b-80 et seq.) re motor buses.

      See chapter 244a (Sec. 13b-95 et seq.) re taxicabs.

      See chapter 244b (Sec. 13b-101 et seq.) re motor vehicles in livery service.

      See chapter 245 (Sec. 13b-200 et seq.) re railroads and railways.

      See chapter 245a (Sec. 13b-244 et seq.) re railroad construction and location.

      See chapter 245b (Sec. 13b-324 et seq.) re railroad operations.

      See Sec. 7-136i re preliminary review of municipal petitions, applications or permit requests.

      See Sec. 13a-95a re award of contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals.

      See Secs. 13b-79kk, 13b-79ll re transit-oriented development projects.

      See Sec. 14-270e re duty of commissioner to establish and report on program for operation of weigh stations.

      See Sec. 23-42 et seq. re railroad fire hazards.

      State, not town, is liable for defect in a state or state aid highway. 94 C. 542, 595; 105 C. 360. See note to section 13a-144. Former statute cited. 124 C. 35; Id., 677; 125 C. 413, 418; Id., 506; 150 C. 374.

      Cited. 25 CA 468.

      State, not town, liable for damages resulting from nuisance on state aid and trunk line highway. 6 CS 116. Town, not state, liable for special damages resulting from change of grade on state aid highway. 8 CS 447; 12 CS 115.

      Subsec. (i):

      Cited. 186 C. 300.

      Sec. 13b-4a. Certifications to enable nonprofit corporations and associations to participate in the Urban Mass Transportation Act; regulations. The Commissioner of Transportation may, at the request of any nonprofit corporation or association providing transportation services to the elderly or handicapped in this state, certify, to the extent necessary for such corporation or association to apply for and receive federal funds for the purchase and maintenance of buses, vans and radiodispatch equipment under the provisions of the Urban Mass Transportation Act, that such nonprofit corporation or association is providing transportation services for the elderly and handicapped in this state. Said commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement the purposes of this section.

      (P.A. 77-207.)

      Sec. 13b-4b. Commissioner's duties and responsibilities re railroads. Wherever the term "Public Utilities Control Authority" occurs or is referred to in chapters 245, 245a and 245b relating to the duties and responsibilities of said authority, it shall be deemed to mean or refer to the Commissioner of Transportation.

      (P.A. 77-614, S. 571, 610; P.A. 80-483, S. 61, 186.)

      History: P.A. 80-483 deleted "with the exception of section 16-141".

      See chapter 245 (Sec. 13b-200 et seq.) re railroads and railways.

      See chapter 245a (Sec. 13b-244 et seq.) re railroad construction and location.

      See chapter 245b (Sec. 13b-324 et seq.) re railroad operations.

      See Secs. 23-42 to 23-45, inclusive, re railroad fire hazards.

      Sec. 13b-4c. Certifications re transportation programs for elderly or handicapped. Notwithstanding any section of the general statutes to the contrary, no state agency, other than the Department of Transportation, shall expend funds in support of, or make state property available for use in, any transportation program for the elderly or the handicapped unless the Commissioner of Transportation certifies, in writing, that: (1) The commissioner has reviewed and concurs in such expenditure or use; (2) such expenditure or use is consistent with the transportation policies of the state; and (3) such expenditure or use will not result in the unnecessary duplication of service. The provisions of this section shall not apply to any transportation service not available to the general public that is provided by any such program.

      (P.A. 85-428, S. 7, 10; P.A. 02-123, S. 3.)

      History: P.A. 02-123 made a technical change for purposes of gender neutrality and exempted from provisions of section any transportation service not available to the general public, effective June 7, 2002.

      Sec. 13b-4d. Commissioner's power to declare a state of emergency. (a) Notwithstanding any other provision of the general statutes, the Commissioner of Transportation may declare a state of emergency and may employ, in any manner, such assistance as he may require to restore any railroad owned by the state or any of its subdivisions or the facilities, equipment or service of such railroad, or any transit system or its facilities, equipment or service, or any airport when: (1) A railroad system owned by the state or any of its subdivisions or any of the facilities or equipment of such railroad system is deemed by the commissioner to be in an unsafe condition or when there is an interruption of essential railroad services, whether or not such system or any of its facilities or equipment is physically damaged; (2) a transit facility owned by the state or any of its subdivisions or the equipment of such facility is damaged as a result of a natural disaster or incurs substantial casualty loss which results in what is deemed by the commissioner to be an unsafe condition or when there is an interruption of essential transit services; or (3) an airport owned or operated by the state or any of its subdivisions or the equipment of such airport is damaged as a result of a natural disaster or incurs substantial casualty loss which results in what is deemed by the commissioner to be an unsafe condition or when there is an interruption of essential transit services.

      (b) When a privately-owned railroad system, its facility or equipment is damaged as a result of a natural disaster or incurs substantial casualty loss which results in an unsafe condition or the interruption of essential railroad service, the railroad company may request the commissioner to declare a state of emergency, and said commissioner may comply with such request and may provide assistance to such railroad company in any manner he deems necessary to restore said railroad system, facility, equipment or service.

      (P.A. 94-188, S. 23, 30; P.A. 07-232, S. 8.)

      History: P.A. 94-188, Sec. 23, effective June 2, 1994; P.A. 07-232 amended Subsec. (a) by adding provisions re declaration of state of emergency with respect to airports, effective July 11, 2007.

      Secs. 13b-5 to 13b-9. Deputy commissioner. Departmental organization. Deputy commissioners of bureaus. Bureau of Planning and Research. Bureau of Administration. Sections 13b-5 to 13b-9, inclusive, are repealed.

      (1969, P.A. 768, S. 5-7, 16, 51; P.A. 75-247, S. 2, 4; P.A. 77-614, S. 609, 610.)

      Sec. 13b-10. Employees. The commissioner may, subject to the provisions of chapter 67, employ such agents, assistants and employees as he deems necessary to carry out his duties and responsibilities. He may retain and employ other consultants and assistants on a contract or other basis for rendering legal, financial, technical or other assistance and advice.

      (1969, P.A. 768, S. 8.)

      Sec. 13b-10a. Transfer of employees connected with livery service. The employees formerly assigned duties connected with livery service under chapter 244b shall be transferred from the Department of Public Utility Control to the Department of Transportation pursuant to section 4-38d.

      (P.A. 80-372, S. 6; 80-482, S. 3, 40, 345, 348.)

      History: P.A. 80-482 deleted "division of public utility control within the department of business regulation" and substituted "department of public utility control".

      Sec. 13b-11. Connecticut Transportation Authority. Section 13b-11 is repealed.

      (1969, P.A. 768, S. 9; P.A. 75-572, S. 1, 5.)

      Sec. 13b-11a. Connecticut Public Transportation Commission. (a) There shall be in the Department of Transportation a Connecticut Public Transportation Commission which shall be a successor to the Connecticut Public Transportation Authority and which shall consist of nineteen members, who are electors of the state. Eleven of such members shall be appointed by the Governor, one of whom shall be a representative of business and industry and a regular user of railroad or truck freight service; one a regular commuter using railroad passenger service; one a regular bus user; one who is permanently mobility impaired and a frequent bus user; one a working member of a railroad labor union; one a working member of a bus labor union; one a representative of railroad company management; one a representative of trucking company management; two representatives from separate local transit districts and one a person sixty years of age or older. The remaining eight members shall have a background or interest in public transportation and be appointed as follows: Two by the president pro tempore of the Senate; two by the minority leader of the Senate; two by the speaker of the House of Representatives; and two by the minority leader of the House of Representatives. The Commissioner of Transportation, the Commissioner of Environmental Protection, the Secretary of the Office of Policy and Management and the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their respective designees, shall serve as nonvoting, ex-officio members of the commission. The term of each member of the commission shall be four years. The term of any member who was appointed by the Governor and who is serving on the commission on October 1, 1985, shall expire December 31, 1985. The term of any member who was appointed by any legislator and who is serving on the board on October 1, 1985, shall expire December 31, 1987. Vacancies on said commission shall be filled for the remainder of the term in the same manner as original appointments.

      (b) The commission shall advise and assist the commissioner, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to transportation in the performance of their functions and duties relating to the planning, development and maintenance of adequate rail, bus and motor carrier facilities and rail, bus and other public transportation services including the adequacy of such services for elderly and disabled users in the state and any other matters affecting the quality of public transportation facilities and services in the state. At least once each year, the commission shall hold public hearings in each of the metropolitan areas, as determined by the commission, within the state for the purpose of evaluating the adequacy of such rail, bus, motor carrier and other public transportation facilities.

      (c) The commission shall assist the commissioner in developing regulations to formalize arrangements between the department and local transit districts, between local transit districts and transit system operators and between local transit districts.

      (d) Repealed by P.A. 77-33, S. 1.

      (e) On or before January first, annually, the commission shall submit in writing to the commissioner, the Governor and the Connecticut Transportation Strategy Board, established pursuant to section 13b-57e, (1) a list of public transportation projects, which, if undertaken by the state, would further the policy set forth in section 13b-32, including projects specifically for elderly and disabled users; (2) recommendations for improvements to existing public transportation service and projects, incorporating transportation service and projects relative to the needs of elderly and disabled persons and including proposals for legislation and regulations; (3) recommendations for disincentives to free parking, including urban and suburban employment centers; (4) off-peak transit services; and (5) the establishment of urban center loop shuttles. The commissioner shall notify members of the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, on or before January first, annually, of the availability of the commissioner's comments and analysis of priorities. A written copy or electronic storage media of such comments and analysis shall be distributed to members of such committee who request them. The commissioner shall meet with the commission at least once during each calendar quarter.

      (f) The commission may, upon its own motion, undertake any studies it deems necessary for the improvement of a balanced public transportation system within the state, including the improvement of such system for elderly and disabled users. The commission shall have other powers and shall perform such other duties as the commissioner, the Governor and the General Assembly may delegate to it.

      (g) Subject to the provisions of chapter 67, and when authorized to do so by the commissioner, the Governor or the General Assembly, the commission may appoint such officers, agents and employees and may retain and employ other consultants or assistants on a contract or other basis for rendering legal, financial, technical or other assistance or advice as may be required to carry out duties or responsibilities. The staff of the department shall be available to assist the commission.

      (h) The members of the commission shall receive no compensation for their services as members but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties. No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment, or any loss or diminution in the rights and privileges pertaining thereto, by reason of such membership.

      (i) A quorum of the commission for the purpose of transacting business shall exist only when there is present, in person, a majority of its voting membership. The affirmative vote of a majority of the quorum shall be required for the adoption of a resolution or vote of the commission.

      (j) The members of the commission shall elect one of the members as chairperson with the responsibility to act as presiding officer at meetings of the commission. Regular meetings shall be held at least once in each calendar month and as often as deemed necessary by a majority of members. Any member absent from (1) three consecutive meetings of the commission, or (2) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the commission, effective on the date that the chairperson notifies the official who appointed such member.

      (k) The commission shall have access through the Department of Transportation to all records, reports, plans, schedules, operating rules and other documents prepared by rail and bus companies operating under contract with the state of Connecticut which pertain to the operations of such companies and to any documents that the commission may require from the department to carry out its responsibilities under this section and sections 13b-16, 13b-17 and 16-343, provided this subsection shall not apply to any plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units.

      (P.A. 75-572, S. 2, 5; P.A. 77-7; 77-33, S. 1; 77-35; 77-208; 77-614, S. 551, 610; P.A. 79-226; P.A. 83-487, S. 2, 33; P.A. 85-317, S. 1; P.A. 86-235; P.A. 90-219, S. 16; P.A. 98-222, S. 1; P.A. 99-265, S. 3; June 30 Sp. Sess. P.A. 03-4, S. 8.)

      History: P.A. 77-7 changed in Subsec. (j) delegation of responsibility to act as presiding officer to "appoint one of the members as chairman" with such responsibility; P.A. 77-33 repealed Subsec. (d) which had concerned plan for restructured system of regional transit districts due on or before February 1, 1976; P.A. 77-35 deleted requirement in Subsec. (e) for list to include at least one project in each of the urbanized areas within the state; P.A. 77-208 substituted "metropolitan areas, as determined by the authority" for "urbanized areas" in Subsec. (b); P.A. 77-614 changed composition of public transportation authority in Subsec. (a) to include commissioner of agriculture and the secretary of the office of policy and management, deleting the administrator of the Connecticut energy agency, and deleted provision for term of 4 years together with the provision for initial terms to start a rotation, effective January 1, 1979; P.A. 79-226 included in Subsec. (e) submission of the list by the authority to the joint standing committee of the general assembly having cognizance of transportation matters and added new Subsec. (k) granting access to records; P.A. 83-487 changed authority to commission, changed membership to include legislative appointees and added attendance requirements for members; P.A. 85-317 amended Subsec. (a) by establishing the term of members at 4 years and by providing that the term of a person serving on the commission as of October 1, 1985, and who was appointed by the governor shall expire on December 31, 1985, and that of any member serving on the commission as of October 1, 1985, and who was appointed by a legislator shall expire on December 31, 1987, and amended Subsec. (e) by changing the date by which the commission shall submit an annual list of public transportation projects from February first to January first and by changing the date by which the commissioner shall present his annual analysis of priorities to the legislature from March first to February first; P.A. 86-235 amended Subsec. (a) by increasing the membership of the commission to 18 and requiring the governor to appoint a person who is permanently mobility impaired and who is a frequent bus user, to the commission; P.A. 90-219 amended Subsec. (e) by adding Subdivs. (3) re recommendations for disincentives to free parking, (4) re off-peak transit services and (5) re urban center loop shuttles; P.A. 98-222 amended Subsec. (e) by replacing the requirement that the commissioner submit his written comments to the committee with a requirement that he notify the members of the committee and all members of the General Assembly that his comments are available upon request in a written format or as electronic storage media; P.A. 99-265 amended Subsec. (a) to increase membership of the Connecticut Public Transportation Commission from 18 to 19 members by adding a person 60 years of age or older, amended Subsec. (b) by requiring the commission to advise and assist on the adequacy of public transportation services for elderly and disabled users, amended Subsec. (e) by requiring the commission to include projects specifically for elderly and disabled users in its submittal of a list of public transportation projects and by requiring the commission to incorporate transportation service and projects relative to the needs of elderly and disabled persons in its recommendations for improvements to existing public transportation service and projects, amended Subsec. (f) by allowing the commission to study the improvement of a balanced public transportation system for elderly and disabled users, made technical changes and made changes re gender neutrality; June 30 Sp. Sess. P.A. 03-4 amended Subsec. (e) to include Connecticut Transportation Strategy Board as recipient of commission submissions and to delete requirement that commissioner notify all members of the General Assembly of comments and analysis of priorities, effective August 20, 2003.

      See title 2c re termination under "Sunset Law".

      Sec. 13b-11b. State-wide transportation goals. Monitoring progress. Reports. (a) It shall be the state-wide goal: (1) To increase passenger vehicle occupancy levels and the use of public transportation, (2) to increase average occupancy levels to one and two-tenths persons per car by the year 2000 and (3) to increase the use of public transportation and ride sharing so that at least ten per cent of all trips between home and places of employment occur in vehicles occupied by more than one person by the year 2000.

      (b) The Connecticut Public Transportation Commission shall monitor progress toward achieving the goals established in subsection (a) of this section and, on or before January 10, 1991, and annually thereafter, shall report its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and the environment.

      (c) On or before January 1, 1991, the Department of Transportation shall report to the General Assembly on a strategy necessary to increase passenger vehicle occupancy levels to one and one-quarter persons per car by the year 2010.

      (P.A. 90-219, S. 17.)

      Secs. 13b-12 and 13b-13. Connecticut Aeronautics Commission. Steamship Terminals Commission. Sections 13b-12 and 13b-13 are repealed.

      (1969, P.A. 768, S. 10, 11; 1972, P.A. 134, S. 6; 238, S. 3.)

      Sec. 13b-13a. Connecticut Bicycle and Pedestrian Advisory Board. (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, vice-chairperson and secretary 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 or upon the request of a majority of the members.

      (e) The duties of the board shall include, but not be limited to, examining the need for bicycle and pedestrian transportation, 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 and, within available appropriations, printing the board's annual report, distributing copies of such report and mailing notices of the board's meetings.

      (h) Not later than January 15, 2010, and annually thereafter, the board shall submit a report, in accordance with section 11-4a, 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.

      (P.A. 09-154, S. 2.)

      History: P.A. 09-154 effective July 1, 2009.

      See Sec. 4-38f for definition of "administrative purposes only".

      Sec. 13b-14. Long-range planning. Comprehensive long-range planning concerning the future transportation needs of the state shall be coordinated and performed by the department under the direction and supervision of the commissioner, shall be directed to all available and future modes of transportation including but not limited to transportation by highway, air, water and rail, and shall be designed to assure a modern, safe and efficient system of transportation facilities and services.

      (1969, P.A. 768, S. 15.)

      Sec. 13b-14a. Funding for hazard elimination activities. The Department of Transportation shall allocate annually any amount transferred to the Section 402 Highway Safety Grant Program, under the provisions of 23 USC 154, for hazard elimination activities eligible for funding under 23 USC 152. Two hundred thousand dollars of such amount shall be allocated by said department during the fiscal year ending June 30, 2005, for system hardware, software licenses and configuration and installation costs for a video incident responder system to disseminate video transmissions from the Interstate 95 video camera network to authorized law enforcement and emergency service personnel to better coordinate responses to highway incidents.

      (P.A. 04-143, S. 34.)

      History: P.A. 04-143 effective July 1, 2004.

      Sec. 13b-15. Master transportation plan. (a) The commissioner shall develop and revise biennially a comprehensive, master transportation plan designed to fulfill the present and future needs of the state and to assure the development and maintenance of an adequate, safe and efficient transportation system. In developing the plan, the commissioner shall consider the department's statutory responsibilities, the guiding principles and transportation strategies adopted by the Governor and the General Assembly, the state conservation and development plan adopted by the General Assembly pursuant to chapter 297, the federally mandated factors specified in the current federal surface transportation authorization legislation, and the department's assessment of existing transportation facilities carried out under section 13b-16. The commissioner shall also give consideration to: (1) Reports and studies relating to the planning and development of the state; (2) any existing reports, surveys, plans or studies relating to transportation prepared for or by any agency, board or commission of the state; and (3) regional long-range transportation plans prepared by regional planning organizations in this state.

      (b) In such master transportation plan the commissioner shall: (1) Set forth the commissioner's recommendations for planning, engineering, acquisition of rights-of-way, construction and reconstruction and rehabilitation and modernization of transportation facilities; (2) consider, among other things, federal air quality standards, conservation and cost of energy supplies, present and projected travel volumes, reduction in travel volumes due to the implementation of transportation management programs, safety, maintenance costs and other sufficiency factors where appropriate, as well as long-range land use, environmental impact, energy impact and economic development patterns of the state; (3) indicate the order of priority of need for improvements within each mode of transportation, according to the commissioner's judgment; and (4) indicate the priorities for the next five-year period, both by need and by fiscal capability, for each mode of transportation. The indication of such priorities shall include an individual accounting of the amount and source of all funding for each potential program and an approximate timetable, including the starting and completion dates for each potential program.

      (c) The commissioner shall, relative to the current federal surface transportation authorization legislation: (1) Identify the funds to be received annually in the federal program funding categories; (2) identify the projects to be funded annually through each funding category; (3) identify the projects to be funded annually through each category continued or established by such legislation, as a result of the change in formulas and new flexibility allowed under the current federal surface transportation authorization legislation; (4) identify which projects will require the expenditure of state funds to leverage federal funds; (5) identify the amount and percentage of state funds that must be expended for each project in order to leverage federal funds; (6) identify the amount of federal funds that may be expended annually to repair local bridges identified as being in poor condition; (7) identify the economic impact of the federal funds allocated to the state in terms of job creation or retention; (8) identify the mass transit projects to be funded; and (9) identify the manner in which the department intends to comply with the requirements of the Clean Air Act, as amended by P.L. 101-549, and how the department intends to expend any funds allocated to the department to achieve the goals of the act.

      (d) In such plan the commissioner shall identify the amount of funds and projects to be undertaken pursuant to the Americans with Disabilities Act of 1990.

      (e) The plan shall be completed and submitted biennially to the Governor on or before January thirty-first of each odd-numbered year. The commissioner shall, biennially, on or before January thirty-first of each odd-numbered year, notify all members of the General Assembly of the availability of the plan. The commissioner shall send a written copy or electronic storage media of the plan to any member requesting the plan.

      (f) In developing and revising the plan, the commissioner may: (1) Conduct public hearings; (2) consult and cooperate with officials and representatives of the federal government, neighboring states, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; (3) request and receive from any agency or other unit of the government of the state or of any political subdivision of the state, or from any public authority, such assistance and data as may be necessary to enable the commissioner to carry out the commissioner's responsibilities under this section; (4) to the extent the commissioner may deem appropriate, make use of, and incorporate in the plan, any existing long-range transportation plan, survey or report developed by any public or private agency or person; and (5) employ consultants.

      (g) Copies of the plan, as revised, shall be kept on file as a public record in the office of the commissioner.

      (1969, P.A. 768, S. 17; P.A. 73-451, S. 2, 3; P.A. 79-23; 79-449, S. 5, 7; P.A. 88-297, S. 15; P.A. 90-230, S. 19, 101; P.A. 91-216, S. 1; P.A. 92-204, S. 1; P.A. 96-222, S. 3; P.A. 98-222, S. 2; P.A. 00-148, S. 6; P.A. 10-159, S. 1.)

      History: P.A. 73-451 revised Subsec. (a) by deleting all four subdivisions and the material containing specific references to a new major airport, the long-range highway plan and material prepared by the Connecticut Transportation Authority and substituting general reference to reports and studies prepared under the Connecticut interregional planning program relating to planning and development and material relating to transportation prepared by any agency of the state and transferred to new Subsec. (c) the reporting requirement, provided for specifics of the plan in new Subsec. (b) and in former Subsec. (b), relettered as Subsec. (d), authorized employment of consultants; P.A. 79-23 added in Subsec. (b)(2) consideration of "federal air quality standards, conservation and cost of energy supplies" and further added requirement in new Subdiv. (4) that priorities for next one, two and five-year periods by need and by fiscal capability in the area of public transportation be indicated and provided in Subsec. (c) for submission to the general assembly as well as to the governor on or before January tenth; P.A. 79-449 added "energy impact" in Subsec. (b)(2); P.A. 88-297 amended Subsec. (e) to substitute "record" for "document"; P.A. 90-230 made a technical change; P.A. 91-216 added new provision to Subsec. (a) requiring the commissioner to include in the master transportation plan an examination of the feasibility of a long-term commercial transportation system; P.A. 92-204 amended Subsec. (b) by adding provision re reduction of traffic volume due to transportation management programs, added new Subsecs. (c) and (d) re report concerning funding received pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 and relettered remaining Subsecs. accordingly; P.A. 96-222 amended Subsec. (a) to require commissioner to develop and revise master transportation plan biennially instead of annually and Subsec. (e) to require completion and submission of plan biennially, instead of annually, by January thirty-first of each odd-numbered year instead of January tenth; P.A. 98-222 amended Subsec. (e) by replacing the submission of the plan to the General Assembly with a requirement that the commissioner notify all members of the General Assembly that the plan is available upon request in a written format or as electronic storage media; P.A. 00-148 replaced references to "Intermodal Surface Transportation Efficiency Act of 1991" with "Transportation Equity Act for the 21st Century" and made technical changes; P.A. 10-159 amended Subsec. (a) to replace requirement that commissioner develop long-range plan and investigate transportation facilities and services and feasibility of planning long-term commercial transportation system with requirement that commissioner develop plan and consider department's statutory responsibilities, principles and strategies of Governor and General Assembly, state conservation and development plan, federal surface transportation legislation and department's transportation facilities assessment, to designate existing provisions re consideration by commissioner as Subdivs. (1) and (2) and to add Subdiv. (3) re consideration of plans prepared by regional planning organizations, amended Subsec. (b)(4) to delete provisions re two-year period and public transportation, and amended Subsec. (c) to replace "Transportation Equity Act for the 21st Century" with "current federal surface transportation authorization legislation", to replace list of categories with "federal program funding categories" in Subdiv. (1), to insert "continued or established by such legislation" in Subdiv. (3) and to delete Subdiv. (10) re expenditure of funds from congestion mitigation and air quality grant, effective June 21, 2010.

      See Sec. 16a-27 re identification of major transportation proposals in the state plan of conservation and development.

      Cited. 35 CS 157.

      Sec. 13b-15a. Hartford-New Britain busway project. The Commissioner of Transportation may designate the Hartford-New Britain busway project to be accomplished on a total cost basis. If the commissioner designates the Hartford-New Britain busway project as a total cost basis project, the commissioner may enter into a single contract with a private developer, which includes such project elements as engineering design and construction. The contract for said project shall be based on competitive proposals received by the commissioner, who shall give notice of the project and specifications for the project, by advertising, at least once, in a newspaper having a substantial circulation in the Hartford-New Britain area. Award of the total cost contract shall be based on qualifications, technical merit of the proposals and cost. The commissioner shall determine all criteria, requirements and conditions for such proposals and award and shall have sole responsibility for all other aspects of the contract. If applicable, the contract shall state clearly the responsibilities of the developer to deliver a completed and acceptable project on a date certain and the maximum cost of the project.

      (P.A. 01-105, S. 5.)

      Sec. 13b-16. Assessment of modes of transportation. Experimental projects. (a) On or before September first in the even-numbered year of each biennium, the commissioner shall conduct and complete an assessment of the several modes of transportation in the state, in which the commissioner shall evaluate the adequacy of the facilities and services connected with each such mode and shall determine the needs of the state transportation system. The commissioner shall consider the plans and recommendations prepared by the various boards, councils and commissions that have statutory responsibilities pertaining to the various modes of transportation in Connecticut. The commissioner shall also consider reports, studies, findings and recommendations presented in reports, plans, surveys, and studies relating to transportation prepared for or by any state agency or for or by the state's regional planning organizations. The assessment shall be used in the biennial revision of the department's comprehensive master transportation plan.

      (b) The commissioner may engage in experimental projects relating to any available or future mode of transportation, including but not limited to, high speed rail service, the development of heliports and any means of improving existing transportation facilities and services. The commissioner may be assisted by the boards, councils, commissions, state agencies and regional planning organizations referred to in subsection (a) of this section, in connection with any such project.

      (1969, P.A. 768, S. 18; 1972, P.A. 134, S. 1; 238, S. 1; P.A. 75-572, S. 3, 5; P.A. 83-487, S. 3, 33; P.A. 00-148, S. 7; P.A. 10-159, S. 2.)

      History: 1972 acts deleted in Subsec. (a) "the Connecticut aeronautics commission", "aeronautics", "the steamship terminals commission" and "harbors and harbor facilities" where they appear; P.A. 75-572 inserted in Subsec. (a) the word "public" in "Connecticut Transportation Authority" before the word "transportation"; P.A. 83-487 amended section to reflect change in structure and name of Connecticut Public Transportation Authority; P.A. 00-148 amended Subsec. (a) by replacing the annual requirement for revision of the comprehensive long-range master transportation plan with a biennial revision requirement and making a technical change for the purpose of gender neutrality; P.A. 10-159 amended Subsec. (a) to replace requirement that commissioner conduct and complete "investigation and study" of modes of transportation on or before September first annually with requirement re "assessment" of such modes on or before September first in the even-numbered year of each biennium, and to replace requirement re consultation with Connecticut Public Transportation Commission with requirement re consideration of plans and recommendations of various boards, councils and commissions with statutory responsibilities re transportation and reports, studies, findings and recommendations of state agencies and regional planning organizations, and amended Subsec. (b) to authorize assistance by various entities referred to in Subsec. (a), effective June 21, 2010.

      Sec. 13b-16a. Definitions. Public transportation analysis. (a) As used in this section:

      (1) "Public transportation" includes, but is not limited to, rail service and fixed route bus service;

      (2) "Paratransit" includes, but is not limited to, carpooling and vanpooling; and

      (3) "Traffic management program" includes, but is not limited to, employer incentives to promote carpooling, vanpooling and public transportation.

      (b) The Department of Transportation shall include, as part of its alternative analysis for all new multilaned expressways on new locations, an analysis of public transportation, paratransit or traffic management program options as part of each alternative.

      (P.A. 90-219, S. 15; P.A. 03-115, S. 49.)

      History: P.A. 03-115 added new Subsec. (a) re definitions, designated existing provisions as Subsec. (b) and amended same to make a technical change and delete former definitions.

      Sec. 13b-16b. Southwest Corridor Action Council. (a) There is created a Southwest Corridor Action Council which shall advise the Commissioner of Transportation on issues pertaining to the Southwest Corridor Implementation Plan established pursuant to section 1 of public act 98-119*.

      (b) The council shall consist of nineteen members as follows: (1) The Commissioner of Transportation, or his designee; (2) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their designees; (3) two members appointed by the Governor, one of whom shall be a representative of a regional planning agency and one of whom shall be a member of the public; (4) two members appointed by the president pro tempore of the Senate, one of whom shall be a chief elected official of a municipality in the southwest region of the state and one of whom shall be a representative of the motor transport industry; (5) two members appointed by the majority leader of the Senate; one of whom shall be a chief elected official of a municipality in the southwest region of the state and one of whom shall be a representative of business and industry in the southwest region of the state; (6) two members appointed by the speaker of the House of Representatives, one of whom shall be a representative of business and industry in the southwest region of the state and one of whom shall be a representative of a southwestern Connecticut regional planning agency; (7) two members appointed by the majority leader of the House of Representatives, one of whom shall be a representative of business and industry in the southwest region of the state and one of whom shall be a representative of an environmental or civic organization; (8) two members appointed by the minority leader of the Senate, one of whom shall be a representative of an environmental organization in the southwest region of the state and one of whom shall be a representative of the Metro North New Haven Rail Commuter Council, established pursuant to section 13b-212b; and (9) two members appointed by the minority leader of the House of Representatives, one of whom shall be a representative of a council of governments and one of whom shall be a public member.

      (c) The council shall establish its procedures and shall select a chairman from among its members. The council shall meet quarterly and more often upon the call of the chairman or a majority of its members.

      (d) On or before October 1, 1998, the Commissioner of Transportation shall prepare and present to the council a five-year schedule for the implementation of said plan. The schedule shall include, but not be limited to, the amount of funding necessary for implementation of said plan. The commissioner shall update the council on the status of such schedule every six months.

      (e) On or before January 1, 1999, and annually thereafter, the council shall report to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on the progress of the Southwest Corridor Implementation Plan.

      (P.A. 98-119, S. 2.)

      *Note: Section 1 of public act 98-119 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      Sec. 13b-16c. Commissioner's power to sit on a consortium or trade organization board. (a) The Commissioner of Transportation, or his designee, may sit as a member of the board of a consortium or trade organization organized as a nonstock, nonprofit corporation pursuant to chapter 602 or any similar law of another state, for the purpose of coordinating public or private sector transportation systems to provide: (1) The highest possible quality of transportation services at the lowest practicable cost to all persons needing such services; (2) the most advanced coordinated programs possible in transportation services; (3) the coordination of transportation services to eliminate duplication and incomplete coverage in the provision of such services; (4) the greatest possible state-wide, regional or national integration of transportation service programs; and (5) the education of the public of the transportation needs of the state and the goals of the consortium or trade organization which address such transportation needs.

      (b) The commissioner, or his designee, may enter into such contracts and other agreements to further the purposes of each consortium or trade organization organized in accordance with subsection (a) of this section, and as contained in each consortium's or trade organization's certificate of incorporation, provided nothing contained in the certificate of incorporation of each such consortium or trade organization shall obligate the commissioner, or his designee, sitting as a member of the board of the consortium or trade organization, to undertake, or participate in, any activity which the commissioner, or his designee, acting in his sole discretion, determines to be in violation of the general statutes.

      (P.A. 98-91, S. 1, 9.)

      History: P.A. 98-91 effective May 22, 1998.

      Sec. 13b-17. Regulations re conduct of business. Delegation of duties and responsibilities. Regulations re permit fees. (a) The commissioner may issue rules and regulations for the efficient conduct of the business of the department. The commissioner may delegate (1) to the Deputy Commissioner of Transportation any of his duties and responsibilities; (2) to the deputy commissioner for an operating bureau any of his duties and responsibilities which relate to the functions to be performed by that bureau; (3) to the Connecticut Public Transportation Commission any of his duties and responsibilities which relate to the functions to be performed by the commission; and (4) to other officers, employees and agents of the department any of his duties and responsibilities that the commissioner deems appropriate, to be exercised under his supervision and direction.

      (b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 establishing reasonable fees for any application submitted to the Department of Transportation or the State Traffic Commission for (1) a state highway right-of-way encroachment permit or (2) a certificate of operation for an open air theater, shopping center or other development generating large volumes of traffic pursuant to sections 14-311 and 14-311a; provided the fees so established shall not exceed one hundred twenty-five per cent of the estimated administrative costs related to such applications. The commissioner may exempt municipalities from any fees imposed pursuant to this subsection.

      (1969, P.A. 768, S. 12; 1972, P.A. 134, S. 2; 238, S. 2; P.A. 75-572, S. 4, 5; P.A. 82-341; P.A. 83-487, S. 4, 33; P.A. 84-546, S. 35, 173.)

      History: 1972 acts deleted the Connecticut aeronautics commission and the steamship terminals commission from Subdiv. (3); P.A. 75-572 added "public" before "transportation" in Subdiv. (3); P.A. 82-341 added Subsec. (b) allowing the commissioner to adopt regulations establishing certain permit fees; P.A. 83-487 amended section to reflect change in name of Connecticut Public Transportation Authority; P.A. 84-546 made technical change in Subsec. (a)(3), substituting the words "the commission" for "such agencies".

      Cited. 183 C. 76.

      Sec. 13b-18. Investigations, inquiries and hearings. The commissioner may hold investigations, inquiries and hearings concerning all matters within the jurisdiction of the department. The commissioner may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, records, books and documents. If any person refuses to attend, testify or produce papers, records, books or documents as ordered, a judge of the Superior Court, upon application of the commissioner, may make such order as may be appropriate to aid in the enforcement of this section.

      (1969, P.A. 768, S. 13.)

      Sec. 13b-19. Cooperation with agencies and persons. Bonds for rail freight support facilities. The commissioner shall cooperate with agencies and persons, governmental or private, charged with or having a substantial interest in (1) planning and developing a sound state transportation system, (2) regulation of transportation facilities and services and (3) solving problems connected with transportation. The commissioner may use any proceeds from the sale of state bonds allocated by the State Bond Commission under subsection (e) of section 2 of special act 76-84, as amended by special act 78-64, special act 79-3 and section 2 of public act 80-350*, to fund no more than ninety per cent of the cost of the rehabilitation, expansion or construction of rail freight support facilities, including, but not limited to, public loading platforms, docks and sidings, ramps, storage areas and access roads, located on public or private property, provided no such project shall receive more than seventy-five thousand dollars. The commissioner shall develop and maintain liaison with the Tri-State Regional Planning Commission established by chapter 291.

      (1969, P.A. 768, S. 19; P.A. 79-631, S. 31, 111; P.A. 80-350, S. 1.)

      *Note: Section 2 of public act 80-350 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      History: P.A. 79-631 substituted in Tri-State Regional Planning Commission "regional planning" for "transportation"; P.A. 80-350 provided in Subdiv. (3) for use of proceeds from sale of state bonds to fund not more than 90%, and not to exceed $75,000, for rail freight support facilities.

      Sec. 13b-20. Records. Certified copies furnished by department or State Traffic Commission. (a) The Commissioner of Transportation shall keep a record of all proceedings and orders pertaining to the matters under said commissioner's direction and copies of all plans, specifications and estimates submitted to said commissioner. Said commissioner shall furnish to any court in this state without charge certified copies of any document or record pertaining to the operation of the department, and any certified document or record of the commissioner, attested as a true copy by the commissioner, the deputy commissioner, the chief engineer of the department, or any deputy commissioner for an operating bureau, shall be competent evidence in any court of this state of the facts contained in such document or record. The commissioner may delegate to the deputy commissioner, the chief engineer, and the deputy commissioners for operating bureaus, the authority to sign any agreement, contract, document or instrument which the commissioner is authorized to sign and any such signature shall be binding and valid.

      (b) The executive director of the State Traffic Commission may certify copies of any document or record pertaining to the operation of the State Traffic Commission, and any certified document or record of said commission, attested as a true copy by said executive director, shall be competent evidence in any court of this state of the facts contained in such document or record.

      (1969, P.A. 768, S. 52; P.A. 09-186, S. 1.)

      History: P.A. 09-186 designated existing provisions as Subsec. (a), made technical changes therein and added Subsec. (b) to authorize executive director of State Traffic Commission to certify copies of documents or records, effective July 20, 2009.

      Former statute cited. 120 C. 435; 150 C. 374.

      Highway commissioner, when acting in his official capacity, is immune from suit without consent for he is an agent of the state. 21 CS 214.

      Sec. 13b-20a. Regulations re hiring of consultants. Section 13b-20a is repealed.

      (P.A. 79-53; P.A. 83-521, S. 12, 13.)

      Sec. 13b-20b. Definitions. As used in sections 13b-20b to 13b-20k, inclusive:

      (a) "Commissioner" means the Commissioner of Transportation;

      (b) "Consultant" means any architect, professional engineer, landscape architect, land surveyor or accountant who is registered or licensed to practice his profession in accordance with the applicable provisions of the general statutes, any planner or any environmental, management or financial specialist;

      (c) "Consultant services" includes those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, planners or environmental, management or financial specialists, as well as incidental services that members of such professions and those in their employ are authorized to perform;

      (d) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, planning or environmental, management or financial specialization;

      (e) "Selection panel" means the evaluation and selection panel established under section 13b-20c; and

      (f) "Negotiation committee" means the committee established under section 13b-20d.

      (P.A. 83-521, S. 1, 13; P.A. 84-546, S. 36, 173.)

      History: P.A. 84-546 made technical changes in definition of "consultant"; (Revisor's note: In 1999 a reference to Sec. 13b-20l was changed editorially by the Revisors to Sec. 13b-20k, since section 13b-20l was repealed by P.A. 98-182).

      Sec. 13b-20c. Consultant services evaluation and selection panels. There is established within the Department of Transportation one or more consultant services evaluation and selection panels which shall consist of the following persons from within the department: (1) Three individuals appointed by the commissioner; (2) one individual appointed by the bureau head of the bureau for which the specific project is being performed, subject to the approval of the commissioner; and (3) one individual appointed by the bureau head of any other bureau if such other bureau is requesting the specific consultant services and if such bureau will be responsible for the administration of the consultant contract, subject to the approval of the commissioner.

      (P.A. 83-521, S. 2, 13; P.A. 85-613, S. 149, 154; P.A. 91-124, S. 4.)

      History: P.A. 85-613 made technical changes, authorizing multiple panels where previously a single panel was mentioned and deleting references to "modal" bureaus; P.A. 91-124 deleted the provision requiring that appointees of the commissioner on the selection panels serve for a one-year term.

      Sec. 13b-20d. Negotiation committees. There shall be within the Department of Transportation one or more negotiation committees each of which shall consist of three individuals, appointed by the commissioner from within the department, none of whom shall be members of a selection panel.

      (P.A. 83-521, S. 3, 13; July Sp. Sess. P.A. 85-1, S. 12, 15.)

      History: July Sp. Sess. P.A. 85-1 authorized multiple committees where previously a single committee was mentioned.

      Sec. 13b-20e. Prequalification of consultants. Letters of interest for provision of consultant services. (a) Any consultant who desires to provide consulting services to the department in any calendar year shall be required to submit, not later than the fifteenth day of November immediately preceding such calendar year, information concerning their qualifications as may be required by the department. Such consultants shall provide the department with additional or updated information upon request by the department. The commissioner shall by January first, annually, analyze the information submitted and determine those consultants qualified to perform services in areas of expertise established by the department. The commissioner shall publish annually, in accordance with the provisions of section 13b-20g, at any time between September first to October first, a notice that any person, firm or corporation which desires to be listed with the department as a consultant shall submit such information as required pursuant to this subsection to the department. Such notice shall also list the areas of expertise likely to be needed by the department during the next calendar year.

      (b) Except as provided in subsection (c) of this section, any consultant, who has not submitted his qualifications to the department, pursuant to subsection (a) of this section, shall not be eligible to perform consultant services for the department. Any prequalified consultant, who has submitted his qualifications to the department, pursuant to subsection (a) of this section, who desires to provide consultant services to the department in response to a notice published in accordance with the provisions of section 13b-20g shall submit only a letter of interest to that effect.

      (c) If the prequalified list contains less than five consulting firms or does not include a consultant with a particular expertise required by the department, any consultant may submit a letter of interest to the department in response to a notice published, in accordance with the provisions of section 13b-20g. The letter of interest shall set forth the consultant's qualifications for performing the specific service sought by the department. The selection panel shall then develop a qualified list of consultants in accordance with sections 13b-20i and 13b-20j.

      (P.A. 83-521, S. 4, 13; P.A. 89-152, S. 1; P.A. 91-124, S. 5.)

      History: P.A. 89-152 inserted new Subsec. (a) re process for prequalification of consultants and designated former provisions as Subsec. (b); P.A. 91-124 in Subsec. (a) changed the submittal date from November thirtieth to the fifteenth and deleted the provision requiring consultants moving into the state or expanding their services to submit information to the department, in Subsec. (b) added language making prequalification mandatory for those consultants desiring to provide services to the department and added a new Subsec. (c) establishing procedures for the department to obtain consultant when the prequalification list does not contain a consultant with the necessary expertise or when the list contains less than five consultants.

      Sec. 13b-20f. Evaluation of consultants having active agreements with department. The performance of all consultants who have active agreements with the department shall be evaluated by the supervising unit within the bureau utilizing the consultant services, at six-month intervals and upon completion of the consultant services. Each such evaluation shall be kept on file in the supervising unit and a copy filed with the permanent selection panel.

      (P.A. 83-521, S. 5, 13.)

      Sec. 13b-20g. Notice of need for consultants. Responses. Whenever there is a need to engage a consultant, the Commissioner of Transportation shall notify all firms that are prequalified in accordance with section 13b-20e in the category of services being sought by the department. If the prequalified list contains fewer than five consulting firms or does not include the area of expertise required by the department, the commissioner shall publish a notice in appropriate professional magazines, professional newsletters or on-line professional web sites, indicating the general scope of the assignment and requesting responses in accordance with subsection (b) of section 13b-20e, and at least once in one or more newspapers having a circulation in each county of the state. Responses shall be received at the Department of Transportation not later than fourteen days after the last date on which the notice is published, unless additional time is specifically authorized by the commissioner, or not later than any specific date set forth in such notice. For certain specialized projects the notice may also solicit a full work proposal in addition to the technical qualifications of a firm.

      (P.A. 83-521, S. 6, 13; P.A. 89-152, S. 2; P.A. 09-186, S. 2.)

      History: P.A. 89-152 made technical change; P.A. 09-186 required commissioner to notify prequalified firms and, if fewer than 5 prequalified firms, to publish notice, and replaced "and newspapers" with "or on-line professional web sites", effective July 20, 2009.

      Sec. 13b-20h. Selection panel. Responsibilities. Meetings. (a) A selection panel shall be responsible for the preparation of the evaluation of interested consultants and for the development of a list of prospective consultants for each specific project.

      (b) Meetings of a selection panel may be called any time during normal working hours. All motions and decisions shall require for passage the affirmative vote of at least three of the members.

      (c) A selection panel shall screen all responses submitted in proper form for a project and shall select five consultant firms for further consideration for appointment and award of a contract. If fewer than five responses are received, all responses shall be considered as eligible for further consideration.

      (P.A. 83-521, S. 7, 13; P.A. 85-613, S. 150, 154; P.A. 89-152, S. 3; P.A. 91-124, S. 6.)

      History: P.A. 85-613 made technical changes; P.A. 89-152 made technical change; P.A. 91-124 in Subsec. (c) changed the number of firms the department shall interview for a project from seven to five.

      Sec. 13b-20i. Criteria for selection of consultants. In making the initial review of responses and in all other steps of the selection process, the commissioner and the selection panel shall be guided by the following objective criteria:

      (1) Specialized design and technical competence of the consultant firm regarding the types of service required;

      (2) Capacity and capability of the firm to perform the work, including any specialized services, within the time limitations;

      (3) Past record of performance on contracts with the state and other clients with respect to such factors as control of costs, quality of work, conformance with program and cooperation with client;

      (4) The volume of work performed by the firm within the previous three years for the Department of Transportation and the volume of work to be completed by such firm, if any, with the objective of effecting an equitable distribution of contracts among qualified firms and of assuring that the interest of the public in having available a substantial number of qualified firms is protected, provided, the principle of selection of the most highly qualified firms is not violated; and

      (5) Where a full work proposal process is utilized, the degree to which the consultant's proposal satisfies the requirements of the department.

      (P.A. 83-521, S. 8, 13; P.A. 89-152, S. 4.)

      History: P.A. 89-152 added provision in Subdiv. (4) re providing department with information re work to be completed by firm for the department.

      Sec. 13b-20j. Procedure for selection of consultants. Memorandum re application of evaluation criteria. (a) A selection panel shall conduct interviews with the five consultant firms selected, or if fewer than five responses are received, the panel shall conduct interviews with all such firms and present the names of all the consultant firms responding to the commissioner.

      (b) A selection panel shall proceed to furnish a list of the most qualified consultant firms to the commissioner, or the names of all the consultant firms responding if fewer than five respond. A panel shall prepare a memorandum of the selection process, indicating how the evaluation criteria were applied to determine the most qualified firms, which shall be available to the public after execution of the contract with the selected consultant. The commissioner shall select a consultant from among the list of firms submitted by a selection panel. After the commissioner has made his selection, the names of the consultant firms submitted to the commissioner shall be available to the public upon request. The commissioner shall also prepare a memorandum of the final phase of the selection process, indicating how he applied the evaluation criteria to determine the most qualified firm. Such memorandum shall be available to the public after execution of the contract with the selected consultant.

      (P.A. 83-521, S. 9, 13; P.A. 85-613, S. 151, 154; P.A. 91-124, S. 7.)

      History: P.A. 85-613 made technical changes; P.A. 91-124 in Subsecs. (a) and (b) changed the number of firms the department shall interview for a project from seven to five.

      Sec. 13b-20k. Negotiations with selected consultants. Memorandum re negotiations. (a) Upon notification by the commissioner of his selection, the bureau head who will administer the contract shall notify the consultant of his selection. The selected firm shall be audited if necessary prior to negotiations and also during the contract life in accordance with federal statutes, the general statutes and regulations adopted pursuant to such statutes. A member of the negotiation committee shall be present at all such audit meetings.

      (b) The selected consultant shall send its fee proposal to the negotiation committee. The appropriate bureau of the department shall prepare a comparative fee proposal that shall also be submitted to a negotiation committee. The committee shall complete negotiations and submit appropriate data to the initiating bureau for the purpose of processing an agreement.

      (c) Prior to a contract being executed, the selected consultant shall execute a certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting and the consultant firm shall provide to the bureau responsible for administering the project a list of individuals who are expected to contribute to the project.

      (d) Any such contract shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the commissioner determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.

      (e) If the negotiation committee is unable to negotiate a satisfactory contract with the firm selected by the commissioner, at a price the committee determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The commissioner shall select a consultant from the remaining firms on the list submitted by the selection panel and the procedure established under this section shall be followed.

      (f) Should the negotiation committee be unable to negotiate a satisfactory contract with any of the firms selected by the panel, the panel shall select additional firms and the procedures established under section 13b-20j and this section shall be followed.

      (g) After award of a contract under sections 13b-20b to 13b-20k, inclusive, the negotiation committee shall prepare a memorandum setting forth the principal elements of the negotiations with each firm. Such memorandum shall contain sufficient detail to reflect the significant considerations controlling price and other terms of the contract. The memorandum shall be available to the public upon request.

      (P.A. 83-521, S. 10, 13; P.A. 85-613, S. 152, 154.)

      History: P.A. 85-613 made technical change; (Revisor's note: In 1999 a reference to Sec. 13b-20l in Subsec. (g) was changed editorially by the Revisors to Sec. 13b-20k, since section 13b-20l was repealed by P.A. 98-182).

      Sec. 13b-20l. Regulations re selection of consultants. Section 13b-20l is repealed, effective July 1, 1998.

      (P.A. 83-521, S. 11, 13; P.A. 98-182, S. 21, 22.)

      Sec. 13b-20m. Guidelines for determining reasonableness of consultant services. In order to promote engineering and design quality and ensure maximum competition by firms providing consultant services, as defined in section 13b-20b, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Transportation, shall establish guidelines for determining the reasonableness and allowability of various cost factors which shall include, but not be limited to, salary limits, benefits and expense reimbursement.

      (P.A. 96-222, S. 24, 41.)

      History: P.A. 96-222 effective June 4, 1996.

      Sec. 13b-20n. Large contracts re public buildings to be awarded to the lowest responsible and qualified bidder. Regulations. Exception. With respect to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building under the supervision and control of the Commissioner of Transportation which contract is estimated to cost more than five hundred thousand dollars and is not subject to section 4b-51, the Commissioner of Transportation shall award the contract to the lowest responsible and qualified bidder, as defined in section 4b-92, in accordance with regulations which the commissioner shall adopt, in accordance with chapter 54. Such regulations shall establish, at a minimum: (1) Standards for the advertisement of opportunities to bid, (2) objective criteria for evaluating the qualifications of bidders, (3) the procedures for evaluating bids after the prequalification status of a bidder has been verified, and (4) award panels for the purpose of screening submitted proposals, interviewing bidders and making recommendations to the commissioner. Any contract that is subject to section 4b-51 shall be awarded by the Commissioner of Public Works in accordance with chapter 60.

      (P.A. 03-215, S. 12.)

      History: P.A. 03-215 effective October 1, 2004.

      Sec. 13b-20o. Set aside for contractors or subcontractors with annual gross revenues not exceeding three million dollars. Notwithstanding any provision of the general statutes, the Department of Transportation may set aside any contract or portions thereof, or require any general or trade contractor or any other entity authorized by the department to award contracts to set aside a portion of any contract for contractors or subcontractors that had gross revenues not exceeding three million dollars in the most recently completed fiscal year prior to the contract award. Nothing in this subsection shall be construed to diminish the total value of contracts that are required to be set aside by the department pursuant to section 4a-60g.

      (P.A. 10-190, S. 3.)

      History: P.A. 10-190 effective July 1, 2010.

      Sec. 13b-21. Grants to the department. The commissioner may apply for and accept on behalf of the state any grants from the federal government or any agency thereof, or from any foundation, corporation, association or individual, for any of the functions or purposes of the department, and may expend any money so received to effect any of such functions or purposes. The powers granted under this section shall be in addition to and shall in no way limit the authority granted in part I of chapter 240 or any other provision of law.

      (1969, P.A. 768, S. 53.)

      Sec. 13b-22. Annual report. The commissioner shall compile and submit to the Governor an annual report as provided in section 4-60. The report shall include the recommendations of the commissioner for legislation necessary to develop and maintain a modern, efficient and well-balanced transportation system.

      (1969, P.A. 768, S. 14.)

      Sec. 13b-23. Additional powers. The commissioner shall have such additional powers, incidental to the express powers granted under this chapter and title 13a, as may be necessary or proper for the effective performance of his powers and duties.

      (1969, P.A. 768, S. 54.)

      Cited. 35 CA 9. Cited. 36 CA 49.

      Sec. 13b-23a. Leasing of naming rights of transit stations and transit-owned property. The Commissioner of Transportation shall develop and recommend procedures and criteria for the leasing of naming rights of transit stations and other transit-owned property to private corporations and organizations. The commissioner shall submit such recommended procedures and criteria to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 30, 2008.

      (P.A. 07-232, S. 9; June Sp. Sess. P.A. 07-4, S. 10.)

      History: P.A. 07-232 effective July 1, 2007; June Sp. Sess. P.A. 07-4 required commissioner to recommend leasing procedures, deleted "in accordance with the general statutes", replaced provision re establishment of leasing criteria with provisions re development and recommendation of leasing criteria, provided for submission of recommended procedures and criteria to General Assembly on or before January 30, 2008, and deleted provision re approval not later than close of 2008 session of General Assembly, effective July 1, 2007 (Revisor's note: The amendments enacted by June Sp. Sess. P.A. 07-4 were inadvertently omitted from the version of this section published in the 2008 Supplement to the General Statutes and have been restored editorially by the Revisors).

PART II
HIGHWAYS

      Sec. 13b-24. Jurisdiction over state highway system. Responsibility for highways of state. (a) The commissioner shall have jurisdiction over the state highway system with all the powers and duties prescribed in this chapter, in title 13a and as otherwise provided by law.

      (b) The Commissioner of Transportation shall have general responsibility for the highways of the state, with all the powers and duties established under title 13a, this chapter and as otherwise provided by law.

      (1969, P.A. 768, S. 20, 69.)

      Cited. 202 C. 158.

      Sec. 13b-25. Bureau of Highways. Section 13b-25 is repealed.

      (1969, P.A. 768, S. 21; P.A. 77-614, S. 609, 610.)

      Sec. 13b-26. Alteration of state highway system. (a) The commissioner shall make such alterations in the state highway system as he may from time to time deem necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any such alteration he shall consider the best interest of the state, taking into consideration relevant factors including the following: Traffic flow, origin and destination of traffic, integration and circulation of traffic, continuity of routes, alternate available routes and changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner. All alterations in said highway system shall be consistent with the comprehensive long-range master transportation plan. Each biennium the commissioner shall notify all members of the General Assembly of the availability of the plan. A member requesting a plan shall be sent a written copy or electronic storage media of the plan by the commissioner.

      (b) The commissioner may plan, design, lay out, construct, alter, reconstruct, improve, relocate, maintain, repair, widen and grade any state highway whenever, in his judgment, the interest of the state so requires. Except when otherwise provided by statute, he shall exercise exclusive jurisdiction over all such highways, and shall have the same powers relating to the state highway system as are given to the selectmen of towns, the mayor and common council of any city and the warden and burgesses of any borough in relation to highways within their respective municipalities. In laying out or building a state highway the commissioner shall follow the procedures of sections 13a-57 and 13a-58.

      (c) The commissioner, where necessary in connection with the construction, reconstruction, repair or relocation of a state highway, may relocate, reconstruct or adjust the grade or alignment of any locally maintained highway using standards of construction resulting in safety and convenience. Any highway so changed shall continue to be maintained by the town, city or borough after the completion of such construction, reconstruction, repair or relocation.

      (d) The commissioner is authorized and directed, to the full extent but only to the extent permitted by moneys and appropriations becoming available under sections 13a-184 to 13a-197, inclusive, or any other law but subject to approval by the Governor of allotment thereof, forthwith to undertake and proceed with the projects prescribed in section 13a-185 and, to that end, said commissioner with respect to any such project is authorized to do and perform any act or thing regarding the projects which is mentioned or referred to in said section 13a-185.

      (e) Subject to the limitations referred to in subsection (d) of this section and in order to effectuate the purposes of said subsection, said commissioner is authorized (1) to plan, design, lay out, construct, reconstruct, relocate, improve, maintain and operate the projects, and reconstruct and relocate existing highways, sections of highways, bridges or structures and incorporate or use the same, whether or not so reconstructed or relocated or otherwise changed or improved, as parts of such projects; (2) to retain and employ consultants and assistants on a contract or other basis for rendering professional, legal, fiscal, engineering, technical or other assistance and advice; and (3) to do all things necessary or convenient to carry out the purposes and duties and exercise the powers expressly given in said sections 13a-184 to 13a-197, inclusive. Except as otherwise stated in subsection (d) of this section, nothing contained in said sections 13a-184 to 13a-197, inclusive, shall be construed to limit or restrict, with respect to the projects, any power, right or authority of the commissioner existing under or pursuant to any other law.

      (f) (1) Whenever a state of emergency, as a result of a disaster, exists in the state or any part of the state, and is so declared to be under the provisions of any federal law or state statute, and the state highway system becomes damaged as a result of such disaster, or (2) whenever the commissioner declares that an emergency condition exists on any highway in the state which demands immediate attention to insure the safety of the traveling public, whether or not such highway is damaged, the commissioner may, notwithstanding any other provision of the statutes, employ, in any manner, such assistance as he may require to restore said highway system to a condition which will provide safe travel or to correct the emergency condition so declared by the commissioner.

      (1969, P.A. 118; 768, S. 22; P.A. 85-613, S. 114, 154; July Sp. Sess. P.A. 85-1, S. 10, 15; P.A. 87-300, S. 1, 3; P.A. 98-222, S. 3.)

      History: 1969 P.A. 118, which in fact amended Sec. 13a-3(h), the prior statute addressing this subject matter and which was repealed by 1969 P.A. 768, S. 243, added provisions which, among other things, authorized the commissioner to declare emergency condition to exist whether or not the highway is damaged and also to correct the emergency condition; 1969 P.A. 768, S. 22 created present Sec. 13b-26 and the previously mentioned new provisions in 1969 P.A. 118 were incorporated in Subsec. (f); P.A. 85-613 made technical changes, substituting references to Sec. 13a-197 for references to Sec. 13a-198; July Sp. Sess. P.A. 85-1 amended Subsec. (f) by adding provisions re disapproval of declarations by board; P.A. 87-300 amended Subsec. (f) by eliminating reference to the transportation accountability board's power to disapprove declarations, in keeping with termination of board's existence; P.A. 98-222 amended Subsec. (a) by replacing the report to the legislature with a requirement that the commissioner notify all members of the General Assembly that the plan is available upon request in a written format or as electronic storage media.

      Cited. 202 C. 158.

      Subsec. (f):

      Cited. 204 C. 212.

      Sec. 13b-26a. Certification upon completion of highway or bridge project. Upon the completion of a highway or bridge project, a certification shall be signed by each of the following individuals involved with the project: The general contractor; the Department of Transportation project engineer; and either the Department of Transportation chief inspector, consultant resident engineer or chief inspector, or the municipal chief inspector or official. Such certification shall be on forms prepared by the Commissioner of Transportation and shall state that such individual certifies, to such individual's best knowledge, information and belief, that the completed project has been constructed in substantial compliance with the contract plans, specifications and any approved change orders for such project.

      (P.A. 08-101, S. 17.)

      Sec. 13b-27. Limited access highway. The commissioner, with the advice and consent of the Governor and the Attorney General, may designate a proposed state highway, or portion thereof, as a limited access highway so as to allow access thereto only at highway intersections or at designated points, when in their opinion such limitation of access would be in the interest of public convenience, safety and necessity. With respect to such highway or portion thereof, the commissioner shall have and exercise all the powers and authority vested in him by statute concerning state highways.

      (1969, P.A. 768, S. 23.)

      See Sec. 14-238a re illegal entry on limited access highway.

      Sec. 13b-28. Agreement with adjoining state. Notwithstanding the provisions of any other statute, the commissioner, with the approval of the Attorney General and the Governor, is authorized to enter into agreements with the corresponding official of any adjoining state for surveys, plans, specifications, estimates and the acquisition of rights-of-way for, and for the construction and maintenance of, highways, bridges and approaches thereto crossing the state line. The provisions of such agreements may be carried out either by the commissioner or by the adjoining state as necessity, convenience or economy requires, provided no commitments or expenditures of state funds shall be made by the commissioner without the approval of the Governor.

      (1969, P.A. 768, S. 24; P.A. 80-83.)

      History: P.A. 80-83 added "and the acquisition of rights-of-way".

      Sec. 13b-29. Commuter parking facilities. Regulations. (a) Notwithstanding the provisions of any other statute, the commissioner may develop plans for, construct and maintain commuter parking facilities at locations along automobile routes that will reduce peak traffic demands on highway systems and at locations that will encourage the use of carpools, vanpools and mass transportation facilities such as, but not limited to, bus or railroad lines. Any such parking facilities which are not regulated by municipalities on October 1, 1983, may be used only for routine, temporary parking by persons using carpool or vanpool vehicles or mass transportation facilities. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 governing the use of such parking facilities. Violation of any provision of any such regulations shall be an infraction.

      (b) Such parking facilities may use space on, above or under highway rights-of-way. Funds expended by the Commissioner of Transportation on such parking facilities shall be divided between the needs of individuals who commute by automobile and individuals who commute by any of the various forms of mass transportation to insure that the needs of each commuter for adequate parking facilities along railroad lines, bus routes, automobile routes or the lines or routes of other forms of transportation are not neglected. The commissioner may enter into agreements with federal, state or local governmental agencies to develop such plans, and to construct and maintain such facilities. The provisions of such agreements may be carried out by the commissioner or the state or local agency as necessity, convenience or economy requires. If and when the Congress of the United States provides financial aid to states for the planning, construction or maintenance of commuter parking facilities, the commissioner may do any and all other acts and things necessary or desirable to take advantage of such financial aid on behalf of the state in the same manner as is provided in section 13a-165 for federal aid for highways. Contracts for such construction shall be carried out in the manner provided by statute and regulations pursuant thereto for public works. The commissioner may acquire in the name of the state such real property as is necessary to construct and maintain such commuter parking facilities in the same manner and with like powers as authorized and exercised by said commissioner in acquiring real property for state highway purposes.

      (1969, P.A. 105, S. 1; 768, S. 25; P.A. 78-50; P.A. 83-53.)

      History: 1969, P.A. 105, which in fact amended Sec. 13a-3a, the prior statute addressing this subject matter and which was repealed by 1969, P.A. 768, Sec. 243, added in conjunction with commuter parking lots at locations "including space on, above or under highway rights-of-way"; 1969, P.A. 768, S. 25 created present Sec. 13b-29 and the new provisions in 1969, P.A. 105 were incorporated; P.A. 78-50 added "along automobile routes" in conjunction with "commuter parking facilities at locations", further added "such as, but not limited to, bus or railroad lines" to "encourage the use of mass transportation" and deleted "or reduce peak traffic demands on highway systems", further added policy for dividing funds between needs of automobile commuters and those who commute by mass transportation to the end that neither are neglected; P.A. 83-53 divided section into Subsecs., included specific mention of carpools and vanpools and limited use of commuter parking facilities not regulated by municipalities and required adoption of regulations governing use of facilities.

      See Secs. 4b-1 and 4b-51 re limitations on Public Works Commissioner's authority over capital improvement projects.

      See Sec. 13a-73 re acquisition of real property.

      Sec. 13b-30. Maintenance of roads on state property. From funds appropriated to the Department of Transportation for general operations, the Commissioner of Transportation shall, on request of the state agency having jurisdiction over the property involved, maintain and improve the roads and drives on the grounds of state institutions, state parks, state forests and other state agencies, including the Connecticut Marketing Authority, such maintenance to include the removal of snow.

      (1969, P.A. 768, S. 70; P.A. 73-675, S. 41, 44; P.A. 75-568, S. 34, 45.)

      History: P.A. 73-675 changed "highway" to "transportation" fund, effective July 1, 1974; P.A. 75-568 deleted "out of the transportation fund" following "from funds appropriated".

      Cited. 186 C. 300. Cited. 228 C. 358. Cited. 239 C. 265.

      Cited. 26 CA 74. Cited. 29 CA 565; judgment reversed, see 228 C. 358. Cited. 44 CA 651.

      Sec. 13b-31. Town highways. The Commissioner of Transportation may, upon application of the selectmen or other authority having charge of highways of any town, furnish supervision, inspectors and engineers for any purpose connected with the laying out, repair, reconstruction or maintenance of any highway or bridge. Any expense incurred in furnishing any such assistance shall be paid by the town to the State Treasurer on certification by the commissioner.

      (1969, P.A. 768, S. 72.)

      See Sec. 13a-175f re joint purchase of materials for use in highway or bridge projects by Transportation Department and town.

      Sec. 13b-31a. Development of guidelines for design and construction of roads and streets in residential subdivisions. The Commissioner of Transportation shall develop guidelines for the design and construction of roads and streets in residential subdivisions. Such guidelines shall be based upon considerations of safety, maintenance and cost effectiveness and shall be distributed to municipal and regional planning agencies throughout the state who may use such standards in the adoption of municipal subdivision regulations.

      (June Sp. Sess. P.A. 83-10, S. 1, 4.)

      Sec. 13b-31b. Definitions. As used in sections 13b-31c to 13b-31e, inclusive, "scenic road" means any state highway or portion thereof that (1) passes through agricultural land or abuts land on which is located an historic building or structure listed on the National Register of Historic Places or the state register of historic places, compiled pursuant to section 10-409, or (2) affords vistas of marshes, shoreline, forests with mature trees or notable geologic or other natural features.

      (P.A. 87-280, S. 1.)

      Sec. 13b-31c. Designation of scenic roads. The Commissioner of Transportation, in consultation with the Commissioners of Environmental Protection and Economic and Community Development, may designate state highways or portions thereof as scenic roads. Any alteration of a scenic road shall maintain the character of such road when so designated, if practical.

      (P.A. 87-280, S. 2; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

      History: P.A. 95-250 and P.A. 96-211 replaced Commissioner of Economic Development with Commissioner of Economic and Community Development.

      See Sec. 7-149a re municipal designation and maintenance of scenic roads.

      Sec. 13b-31d. Alteration or improvement of scenic road. Prior to altering or improving a state highway or portion thereof that has been designated a scenic road, pursuant to section 13b-31c, the Commissioner of Transportation shall cause to be published in a newspaper of general circulation in the municipality or municipalities in which such scenic road is located, a notice describing the alteration or improvement. There shall be a comment period following the public notice during which interested persons may submit written comments.

      (P.A. 87-280, S. 3.)

      Sec. 13b-31e. Regulations. The Commissioner of Transportation, in consultation with the Commissioners of Environmental Protection and Economic and Community Development, shall adopt regulations in accordance with the provisions of chapter 54 setting forth special maintenance and improvement standards for scenic roads which shall include provisions for widening of the right-of-way or traveled portion of the highway and for guardrails, paving, changes of grade, straightening and removal of stone walls or mature trees. In adopting such regulations the commissioner shall consider the protection of historic and natural features of scenic roads.

      (P.A. 87-280, S. 4; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

      History: P.A. 95-250 and P.A. 96-211 replaced Commissioner of Economic Development with Commissioner of Economic and Community Development.

PART III
PUBLIC TRANSPORTATION

      Sec. 13b-32. Declaration of policy. Improvement in the transportation of people and goods within, to and from the state by rail, motor carrier or other mode of mass transportation on land is essential for the welfare of the citizens of the state and for the development of its resources, commerce and industry. The development and maintenance of a modern, efficient and adequate system of motor and rail facilities and services is required. The department shall assist in the development and improvement of such facilities and services and shall promote new and better means of mass transportation by land.

      (1969, P.A. 768, S. 26.)

      Cited. 183 C. 76.

      Sec. 13b-33. Bureau of Public Transportation. Section 13b-33 is repealed.

      (1969, P.A. 768, S. 27; P.A. 75-247, S. 3, 4; P.A. 77-614, S. 609, 610.)

      Sec. 13b-34. Powers of commissioner. (a) The commissioner shall have power, in order to aid or promote the operation, whether temporary or permanent, of any transportation service operating to, from or in the state, to contract in the name of the state with any person, including but not limited to any common carrier, any transit district formed under chapter 103a or any special act, or any political subdivision or entity, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of initiating, continuing, developing, providing or improving any such transportation service. Such contracts may include provision for arbitration of disputed issues. The commissioner, in order to aid or promote the operation of any transportation service operating outside the state, may contract in the name of the state with any person, including, but not limited to, any common carrier, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of providing any transportation service in the event such assistance is required in the case of an emergency or a special event. The state, acting by and through the commissioner, may, by itself or in concert with others, provide all or a portion of any such service, share in the costs of or provide funds for such service, or furnish equipment or facilities for use in such service upon such terms and conditions as the commissioner may deem necessary or advisable, and any such contracts may include, without limitation thereto, arrangements under which the state shall so provide service, share costs, provide funds or furnish equipment or facilities. To these ends, the commissioner may in the name of the state acquire or obtain the use of facilities and equipment employed in providing any such service by gift, purchase, lease or other arrangements and may own and operate any such facilities and equipment and establish, charge and collect such fares and other charges or arrange for such collection for the use or services thereof as he may deem necessary, convenient or desirable. The commissioner may also acquire title in fee simple to, or any lesser estate, interest or right in, any rights-of-way, properties or facilities, including properties used on or before October 1, 1969, for rail or other forms of transportation services. The commissioner may hold such properties for future use by the state and may enter into agreements for interim use of such properties for other purposes. Any person contracting with the state pursuant to this section for the provision of any transportation service shall not be considered an arm or agent of the state. Any damages caused by the operation of such transportation service by such person may be recovered in a civil action brought against such person in the superior court and such person may not assert the defense of sovereign immunity in such action.

      (b) The commissioner shall, in the name of the state, have power to apply for and to receive and accept grants of property, money and services and other assistance offered or made available by any person, any transit district or political subdivision or entity, or any other agency, governmental or private, including the United States or any of its agencies and instrumentalities, which he may use to meet capital or operating expenses and for any other purpose in furtherance of his powers and duties under sections 13b-34 to 13b-36, inclusive, and 13b-38, and to negotiate for and contract regarding the same upon such terms and conditions as he may deem necessary or advisable.

      (c) When necessary or desirable in the performance of his powers and duties under this section and sections 13b-35 to 13b-38, inclusive, the commissioner shall, in the name of the state, have power (1) to hire, lease, acquire and dispose of property to the extent necessary to carry out his powers and duties hereunder and (2) to contract to perform services for any person, any transit district or other political subdivision or entity, or with any other agency, governmental or private, and to accept compensation or reimbursement therefor.

      (d) The commissioner may be assisted in the performance of his powers and duties under this section by the Connecticut Transportation Authority, and may delegate specific powers and duties to it.

      (e) The commissioner shall have the power to aid and assist transit districts pursuant to section 13b-38.

      (f) Repealed by P.A. 84-254, S. 61, 62.

      (g) Repealed by P.A. 81-421, S. 8, 9.

      (h) The commissioner, in the name of the state, shall have the power to enter into leases with respect to transportation equipment and facilities for the purpose of obtaining payments based on the tax benefits associated with the ownership or leasing of such equipment and facilities. In connection with any such lease, the commissioner, in the name of the state, shall have the power to sell, repurchase and sublease any such equipment or facilities, to place deposits or investments with financial institutions to defease rental or repurchase obligations and to enter into related agreements with parties selected by and on terms deemed reasonable by the commissioner. All net payments received by the state pursuant to any such lease or related agreement shall be credited to the Special Transportation Fund, the Infrastructure Improvement Fund, the Department of Transportation operating accounts, or to the Department of Transportation as required pursuant to United States Department of Transportation approval of the lease. Any such lease or related agreement may include provisions for the state, as lessee, to indemnify and hold harmless the lessors or other parties to any such lease or related agreement. Any such lease or related agreement may provide for the state to purchase insurance or surety bonds or to obtain letters of credit from financial institutions when deemed in the best interests of the state by the commissioner. Any such lessor or other party to any such related agreement may bring a civil action to recover damages arising directly from and subject to any such lease or related agreement. No such action shall be brought except within one year from the date the right of action accrues. Any such civil action shall be brought in the superior court for the judicial district of Hartford. The jurisdiction conferred upon the Superior Court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section. Such action shall be tried to the court without a jury. All legal defenses except governmental immunity shall be reserved to the state. Any such lease or related agreement shall be subject to the approval of the Attorney General.

      (i) If the commissioner deems it to be in the best interest of the state, the commissioner may include in any contract with the National Railroad Passenger Corporation pursuant to subsection (a) of this section, provisions for the state to indemnify and hold harmless said corporation, and for such purpose to provide for the state to purchase insurance with a deductible clause, surety bonds or to obtain letters of credit from financial institutions. Said corporation may bring a civil action based on the contract to recover damages arising directly from and subject to any such contract. Notwithstanding the provisions of section 52-576, no such action shall be brought except within one year from the date the right of action accrues. Any such civil action shall be brought in the superior court for the judicial district of Hartford. The jurisdiction conferred on the Superior Court by this section includes any set-off, claim or demand on the part of the state against the said corporation commencing such action. Such action shall be tried to the court without a jury. All legal defenses except governmental immunity shall be reserved to the state.

      (1969, P.A. 768, S. 28; 1972, P.A. 261, S. 10, 11; P.A. 74-342, S. 35, 43; P.A. 75-425, S. 50, 57; P.A. 81-421, S. 8, 9; P.A. 84-254, S. 61, 62; P.A. 87-444, S. 1, 2; P.A. 88-147; 88-230, S. 1, 12; 88-364, S. 22, 123; P.A. 89-372, S. 1, 4; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 96-115, S. 1, 2; 96-222, S. 36, 41; P.A. 05-220, S. 1.)

      History: 1972 act added new Subsec. (g) granting authority to assist transit districts and added in Subsec. (b) reference to Sec. 13b-38; P.A. 74-342 added application of Subsec. (a) to "any transit district formed under chapter 103a or any special act" and in that subsection deleted "rail or motor carrier" where appearing and eliminated references to state bond commission where appearing, further deleted following "October 1, 1969" "motor carrier services" and substituted "other forms of transportation services", added in Subsec. (b) transit district to other entities set forth and also added power to "contract regarding" as well as to "negotiate for", added in Subsec. (c) (transferred from Subsec. (d)) the power to contract to perform services for the same listing of entities contained in Subsec. (b) and to accept compensation and reimbursement therefor, deleted former Subsecs. (d) and (e) and added new subsection prohibiting entering agreements for payments by the state beyond existing appropriations without prior approval by the finance advisory committee; P.A. 75-425 added new subsection concerning acquisitions and dispositions of real estate, making them subject to the newly established state properties review board, see Sec. 4-26b; P.A. 81-421 repealed Subsec. (g), which had provided that acquisition and dispositions pursuant to this section were subject to Sec. 4-26b; P.A. 84-254 repealed Subsec. (f) which had prohibited entering into an agreement involving payments beyond available existing appropriations without prior approval of finance advisory committee; P.A. 87-444 added a new Subsec. (h) which authorizes the commissioner of transportation to enter into qualified leased property leases; P.A. 88-147 required that all moneys received by the state pursuant to any qualified leased property shall be credited to infrastructure improvement fund rather than to special transportation fund; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made minor change in wording of Subsec. (h); P.A. 89-372 added new Subsec. (i) re commissioner's power to include indemnification provision in contract for services with the National Railroad Passenger Corporation. (Revisor's note: P.A. 88-230 also authorized substitution of the phrase "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1989 public and special acts, effective September 1, 1991); P.A. 90-98 changed effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 96-115 amended Subsec. (a) to authorize commissioner to provide any out-of-state transportation service required in the case of emergency or a special event, effective May 24, 1996; P.A. 96-222 amended Subsec. (h) to eliminate authority of commissioner to enter into leases re "qualified leased property", to authorize commissioner to enter into leases re transportation equipment and facilities for purpose of obtaining payments based on tax benefits associated with ownership or leasing of such equipment and facilities, to specify commissioner's powers in connection with any such lease and to require net payments received by state pursuant to lease or related agreement to be credited to Special Transportation Fund, department operating accounts or to Department of Transportation, effective June 4, 1996; P.A. 05-220 amended Subsec. (a) to add provision that any person contracting with the state for the provision of any transportation service shall not be considered an arm or agent of the state, that any damages caused by the operation of such transportation service by such person may be recovered in a civil action against such person and that such person may not assert the defense of sovereign immunity, effective July 1, 2005, and applicable to any civil action pending on or filed on or after that date.

      Discussed. Section is dependent on extrinsic funding. 164 C. 299.

      Sec. 13b-34a. Subsidy equalization grants for privately owned bus companies. The Commissioner of Transportation shall make grants under the bus subsidy program to privately owned bus companies, to subsidize the operating expenses of such companies, to the extent necessary to enable such companies to charge the same basic adult first zone fares as are charged in the cities of Hartford, New Haven and Stamford. Such privately owned bus companies as a condition precedent to the receipt of any subsidy, shall maintain records which will provide statistics to substantiate billings and shall permit state and federal auditors to make audits of the books of the company. Such audits shall be conducted in accordance with appropriate state and federal regulations as they pertain to the operation of bus companies to insure ability to obtain federal funds.

      (P.A. 77-491.)

      Cited. 183 C. 76.

      Sec. 13b-34b. Annual report re public transportation costs. Section 13b-34b is repealed, effective June 29, 1993.

      (June Sp. Sess. P.A. 83-19, S. 2, 5; P.A. 93-307, S. 32, 34.)

      Sec. 13b-35. Express finding required before commissioner can exercise power. The commissioner shall exercise the powers conferred by subsection (a) of section 13b-34, only after he has made an express finding that (1) certain specific transportation facilities with respect to which the powers are to be exercised may be discontinued, disrupted or abandoned in whole or in part, (2) the discontinuance, disruption or abandonment of such facilities will be detrimental to the general welfare of the state and (3) the exercise of such powers is essential to the continuation of such necessary transportation facilities; or after he has made an express finding that specific transportation facilities may not be operated in the manner required by the general welfare of the state or that additional transportation facilities are required and the exercise of such powers is essential to the improvement of transportation facilities and services; or after he has made an express finding that future growth and needs of the state require state acquisition or control of transportation rights-of-way, properties or other facilities.

      (1969, P.A. 768, S. 29; 1972, P.A. 261, S. 12; P.A. 74-342, S. 36, 43.)

      History: 1972 act deleted reference to Subsec. (b) of Sec. 13b-34 from requirement that certain findings be made before the powers granted may be exercised; P.A. 74-342 deleted references to Subsecs. (c) and (d) from that same requirement, deleted "rail or motor carrier" where appearing and substituted "transportation".

      Cited. 183 C. 76.

      Sec. 13b-36. Acquisition of land, buildings, equipment or facilities; right of first refusal of railroad properties and facilities, when. (a) The commissioner may purchase or take and, in the name of the state, may acquire title in fee simple to, or any lesser estate, interest or right in, any land, buildings, equipment or facilities which the commissioner finds necessary for the operation or improvement of transportation services. The determination by the commissioner that such purchase or taking is necessary shall be conclusive. Such taking shall be in the manner prescribed in subsection (b) of section 13a-73 for the taking of land for state highways.

      (b) The commissioner may sell, lease, convey or enter into any other arrangement for the use of such property for the operation of transportation services, or for such other purposes as the commissioner determines to be consistent with the best interests of the state.

      (c) Any company or corporation which conducts or has conducted rail operations in the state shall not, except as provided for in this subsection, sell, lease, transfer or otherwise dispose of any railroad properties and related facilities within the state that are abandoned, inactive or currently being used for railroad purposes to any party, without first offering such properties and facilities for sale to the Commissioner of Transportation. This provision shall not apply to any rail related facility that is to be replaced as a result of a rehabilitation program or emergency or routine maintenance programs. Such offer shall be made in writing and shall be sent by certified mail to the Commissioner of Transportation. Such offer shall include a map and description of the subject properties or facilities, the price, if available, for such properties or facilities, a description of the present or past railroad use of the subject property or facilities, and any other terms or conditions said company or corporation proposes to include as part of such sale. The commissioner, upon receipt of such offer, shall within forty-five days notify said company or corporation, in writing by certified mail, whether he is interested in acquiring the subject properties or facilities. Within one hundred thirty-five days of such written notice, the commissioner shall notify said company or corporation in writing by certified mail either that he has made an express finding in accordance with section 13b-35 and shall acquire such properties or facilities or that he shall not accept such offer and shall not acquire such properties or facilities. In no event shall said company or corporation offer to sell any railroad properties or related facilities which were the subject of negotiations between the commissioner and said company or corporation to any other party on terms more favorable to said party than the final terms offered to the commissioner during negotiations. Nothing in this section shall be construed to prevent a railroad company from transferring rail facilities within its own system or from selling, leasing or transferring or otherwise disposing of railroad properties or related facilities currently in use to another party provided that in no event shall the sale, lease, transfer or other disposition of such properties or facilities result in the discontinuance of existing rail service in the state. For the purposes of this section, the terms railroad properties and related facilities shall mean all the land, structures, buildings, rails, ties, ballast, signals and materials that have been or are used for rail transportation purposes and that are located either within the right-of-way as defined by railroad valuation maps or other suitable maps or abutting such right-of-way.

      (1969, P.A. 768, S. 30; P.A. 74-342, S. 37, 43; P.A. 79-167, S. 1, 2; P.A. 02-123, S. 4.)

      History: P.A. 74-342 deleted "rail or motor carrier" in Subsecs. (a) and (b) and substituted "transportation"; P.A. 79-167 added new Subsec. (c) providing for offering first refusal to the state by companies disposing of railroad properties and facilities; P.A. 02-123 amended Subsec. (a) to require that taking be in the manner prescribed in Sec. 13a-73(b) for the taking of land for state highways, in lieu of Sec. 48-12 for the taking of land for state institutions, effective June 7, 2002.

      Subsec. (a):

      Cited. 209 C. 480.

      A proceeding to reassess damages in connection with the condemnation of real property interests by state pursuant to Sec. 13a-76 did not affect title to real property because the proceeding did not have an influence on or bring about a change in the ownership of the properties. 121 CA 13.

      Sec. 13b-37. Hearing before the Department of Public Utility Control. Section 13b-37 is repealed, effective June 18, 2003.

      (1969, P.A. 768, S. 32; P.A. 75-486, S. 35, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 29, 348; P.A. 84-20, S. 1; P.A. 03-115, S. 91.)

      Sec. 13b-38. Advice and assistance to transit districts. Grants and loans. The commissioner may furnish to any transit district formed under chapter 103a advice and technical assistance regarding its functions, plans and programs regarding mass transit services, and make recommendations in respect thereto. To the extent that the administrative costs of any such transit district are not paid from operating revenues or other revenue sources, the commissioner may make grants to the transit district to pay two-thirds of such costs in cash on the condition that the constituent municipalities in the district pay one-third of such costs, in the form of cash or noncash grants in aid. The commissioner may also furnish grants or loans to any such transit district to help the transit district to plan, research, construct, reconstruct, subsidize, operate or maintain transit systems, including property, equipment and facilities, whether operated or to be operated by the transit district or private owners, and to pay any local share required to obtain matching grants from the federal government.

      (1969, P.A. 768, S. 33; 1972, P.A. 261, S. 13; P.A. 74-342, S. 38, 43.)

      History: 1972 act substituted "mass transit" for "motor bus" and provided for grants and loans to transit districts; P.A. 74-342 deleted provision concerning proceeds of bonds and notes.

      See Sec. 7-273l re applications by transit districts for state funds, distribution formula and conditions for receiving funds.

      Sec. 13b-38a. Establishment of commuter programs. Advice and assistance to employers. Traffic management programs. Task force to create programs. (a) The Department of Transportation shall assist all employers in the state who employ or provide parking facilities for one hundred or more employees in one location, in establishing a commuter, trip-to-work program. The Department of Transportation, working in coordination with the Office of Policy and Management, the Department of Environmental Protection and the Department of Economic and Community Development, shall provide to such employers information for commuting to work, which information shall include, but not be limited to, the following: (1) Schedules and types of available modes of public transportation in the employer's region; (2) maps and listings of state commuter parking lot locations; (3) estimates of cost savings to individual employees where determinable; (4) sources of available federal and state funds, including subsidies, to aid in the implementation of employee commuter, trip-to-work programs; (5) available tax incentives to employers for participation in such program; (6) lists of state, regional and local officials operating transit districts, who may assist the employer in such a program; and (7) literature, posters, pamphlets and cost savings charts. All employers in the state who employ or provide parking facilities to one hundred or more employees in one location, who wish to participate in a commuter, trip-to-work program, shall submit to the Department of Transportation on forms provided by the commissioner, the work schedules, residence addresses and usual mode of transportation of their employees. Following an employer's request for a commuter, trip-to-work program, the department, in conjunction with any other state agency having jurisdiction, shall render necessary assistance in the implementation of the program. Based upon information received from the employer and in the order received, the Department of Transportation shall furnish to such employers a proposed commuter, trip-to-work program for their employees. Said program shall include at no cost to the employer: (A) A computer matching of employees for potential carpool, vanpool and buspool services; (B) technical assistance to the employer in implementing carpools, vanpools and buspools and utilizing existing transit systems at the employer's work location.

      (b) If any funds are made available to the Department of Transportation for transportation management plans, the commissioner may make a grant to any municipality, transit district or regional ride-sharing entity for the purpose of developing or administering any plan which complies with the objectives and requirements of subsections (c) and (d) of this section.

      (c) Any traffic management plan shall be created in conjunction with business firms and community and commuter groups and each plan shall be designed to alleviate traffic congestion by encouraging the use of mass transportation and promoting the establishment of programs as described in subsection (d) of this section. Any municipality, transit district or regional ride-sharing entity which is developing or creating a traffic management plan, either individually or in conjunction with other such entities may submit an application for a grant in accordance with the provisions of this section. The amount of such grant to any participating entity for any year may not exceed seventy per cent of the total amount expended by any such entity with respect to such year for the purposes of developing and administering such plan. Any application for a grant under the provisions of this section shall include, but not be limited to, the following: (1) The population of the municipality or the population of the regions covered by the transit district or regional ride-sharing entity; (2) a description of all aspects of the manner in which the proposed plan will alleviate traffic congestion; (3) the name of and manner in which each business firm is participating in the plan; (4) the name of and manner in which each community group and commuter group is participating in the plan; (5) the total proposed expenditures for the development and administration of the plan in the year in which such application is submitted and a certification that not less than thirty per cent of the plan's funding will be provided by the grantee. Grants made for the purposes of this section shall not be expended for any other purpose.

      (d) Any traffic management plan established in a municipality, transit district or regional ride-sharing entity shall be designed to encourage implementation of the following programs, to the extent that such program is a part of any such plan: (1) A ride-sharing incentive program, in which a business firm encourages employees through fiscal or other incentives to make their commute to work by any means other than a single occupant vehicle, including rail, bus or van sharing; (2) a vanpool or company shuttle program, in which a business firm purchases or assists in the purchase of a vanpool to be used by employees for ride-sharing or provides a company shuttle van for its employees; (3) preferential parking programs for ride-sharing employees; (4) employee transportation coordinating programs, in which an employer designates an employee as an employee transportation coordinator who shall assist in ride-sharing matching, publicizing and promoting alternate means of commuting, analyzing and advocating for company-provided commutation incentives or managing, implementing and monitoring existing company commutation incentives; (5) commuter allowance programs, in which an employer provides an employee with a commuter allowance based on the amount an employer expends to provide such employee with free parking; (6) flexible work hours for employees, allowing employees to work flexible hours to alleviate rush hour traffic congestion; and (7) satellite parking, in which a business firm provides shuttle bus service from commuter parking lots outside urban areas.

      (e) The Department of Transportation shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section, which regulations shall include, but not be limited to, establishing criteria for awarding grants pursuant to subsection (b) of this section and procedures to notify municipalities, transit districts or regional ride-sharing entities of the availability of funds.

      (f) There is established a task force to develop transportation management plans to ensure compliance with the Clean Air Act amendments of 1990, P.L. 101-549. The purpose of the task force shall be to develop various programs to be implemented by employers who employ one hundred or more employees to reduce traffic congestion and improve traffic flow and air quality throughout the state. The task force shall consider: (1) Programs to be included in any transportation management plan, which programs shall include, but not be limited to, the programs specified in subsection (d) of this section; (2) timetables for the implementation of the plans; (3) financial incentives for implementation of the plans or penalties for employers who fail to comply with the implementation of the plans; (4) methods to ensure effective participation of employers throughout the state in the development and implementation of the plans; (5) the identification and creation of funding mechanisms to implement the plans; (6) guidelines for monitoring the implementation of the plans and any needed revisions to the plans; (7) the appropriate role of municipalities, transit districts and regional ride-sharing entities in the development and the implementation of the plans; and (8) identification of any state laws or regulations which may impede the implementation of the plans. The task force shall be comprised of the chairpersons and ranking members of the joint standing committees on transportation and environment, the Commissioners of Transportation, Environmental Protection and Administrative Services, or their designees, and the following appointees: The Governor shall appoint one representative from an employer who employs at least one hundred employees, one representative from a municipality, one representative from a transit district or regional ride-sharing entity and one public member; the president pro tempore of the Senate shall appoint a representative from an employer who employs at least one hundred employees in an urban area of the state; the majority leader of the Senate shall appoint a representative from an employer who employs at least one hundred employees in a rural or suburban part of the state; the minority leader of the Senate shall appoint a representative from an employer who employs at least one hundred employees in an urban part of the state; the speaker of the House of Representatives shall appoint a representative from an employer who employs at least one hundred employees in a suburban or rural part of the state; the majority leader of the House of Representatives shall appoint a representative from a group representing business and industry and the minority leader of the House of Representatives shall appoint a representative from a municipality or regional planning agency. The Governor's appointee representing an employer who employs at least one hundred employees shall organize and chair the task force. The Department of Transportation shall provide any necessary support staff or services for the task force. The task force shall submit its initial findings and recommendations to the joint standing committee on transportation on or before February 1, 1992, and annually thereafter on January first until such time as the task force determines that there is no longer a need for continued reporting.

      (P.A. 79-544, S. 1, 2; P.A. 90-190, S. 1, 2; P.A. 91-148, S. 1, 3; 91-343, S. 6, 11; May Sp. Sess. P.A. 92-13, S. 11, 18; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

      History: P.A. 90-190 added new Subsecs. (b) to (e) making grants available to a municipality, transit district or ride-sharing entity for the establishment of traffic management programs; P.A. 91-148 in Subsec. (a) changed the employers covered from those with more than one hundred fifty employees to those with more than one hundred employees and added a new Subsec. (f) establishing a task force for the development of traffic management programs; P.A. 91-343 deleted reference to "division of energy" in office of policy and management in Subsec. (a); May Sp. Sess. P.A. 92-13 amended Subsec. (f) by extending the existence of the task force; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development.

      See Sec. 13b-38o et seq. re state-wide traffic management program to meet the requirements of the Clean Air Act.

      Sec. 13b-38b. Ride-sharing organizations. Eligibility for state funds. Plans for transport of the handicapped. Regulations. (a) No ride-sharing organization shall be eligible to receive funds from the state unless such organization has developed a program, approved by the Department of Transportation, for the transport of handicapped persons between their homes and their places of employment. Such program shall be reviewed and approved or disapproved by the Department of Transportation annually.

      (b) The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54, establishing requirements and standards for programs required pursuant to subsection (a) of this section.

      (P.A. 86-308, S. 1, 3.)

      Sec. 13b-38c. Loans for the acquisition of vanpool vehicles. The Commissioner of Transportation is authorized to loan funds for the purpose of financing the acquisition of vanpool vehicles, as defined in section 14-1, to any person, firm or organization.

      (P.A. 07-232, S. 44; P.A. 08-150, S. 35.)

      History: P.A. 07-232 effective July 1, 2007; P.A. 08-150 made a technical change.

      Secs. 13b-38d and 13b-38e. Reserved for future use.

      Sec. 13b-38f. Bus shelter construction program. Section 13b-38f is repealed, effective July 1, 1998.

      (P.A. 79-500, S. 1, 3; P.A. 98-182, S. 21, 22.)

      Sec. 13b-38g. Expansion of mass transportation systems. Subject to available appropriations, the Commissioner of Transportation shall expand mass transportation systems, such as rail and bus services, in locations where the commissioner deems appropriate.

      (P.A. 00-129, S. 1.)

      Secs. 13b-38h to 13b-38j. Reserved for future use.

      Sec. 13b-38k. Paratransit vehicles defined. Bidding for service programs. (a) For the purposes of this section: "Paratransit vehicle" means motor bus, taxicab or motor vehicle in livery service operated under a certificate of convenience and necessity issued by the Department of Transportation or by a transit district and which is on call or demand or used for the transportation of passengers for hire.

      (b) Any program funded by a state, federal or municipal agency for the purpose of providing paratransit services through a state agency, municipality, planning agency or transit district shall provide for the maximum feasible participation of private, for-profit operators of paratransit vehicles by affording such operators a full and reasonable opportunity to enter a competitive bid on all contracts for the provision of any paratransit services.

      (c) Any private, for-profit operator of paratransit vehicles who is required to satisfy a bonding requirement as a prerequisite to submitting a competitive bid on any contract offered by a state agency, municipality, planning agency or transit district for the provision of paratransit services may, in lieu of such bond, offer a promissory note secured by a mortgage, pledge or other form of security on any or all of its real or personal property or an interest therein, in an amount and subject to such terms and conditions as may be approved by such state agency, municipality, planning agency or transit district.

      (P.A. 79-413, S. 1-3; P.A. 80-482, S. 4, 40, 345, 348; P.A. 84-20, S. 2.)

      History: P.A. 80-482 changed "division" to "department" in Subsec. (a) and deleted "within the department of business regulation"; P.A. 84-20 substituted transportation department for public utility control department in Subsec. (a).

      Sec. 13b-38l. Citizens' Transportation Advisory Council. Appointments. Functions and duties. Section 13b-38l is repealed, effective October 1, 1999.

      (P.A. 88-177; P.A. 99-265, S. 5.)

      Secs. 13b-38m and 13b-38n. Survey of special transportation services. Contracts for the regionalization and coordination of special transportation services. Sections 13b-38m and 13b-38n are repealed, effective June 7, 2002.

      (P.A. 92-68, S. 1-3; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 11, 12, 21, 58; P.A. 96-268, S. 14, 34; P.A. 02-123, S. 30.)

      Sec. 13b-38o. Definitions. For the purposes of sections 13b-38o, 13b-38p, 13b-38t, 13b-38v and 13b-38x, the following definitions shall apply unless otherwise provided by federal law or regulation:

      (1) "Affected employer" means an employer, or its successor, which employs one hundred or more employees at a work location located in a severe nonattainment area. For the purposes of this subdivision, the number of employees shall be the average number of employees per work location during the preceding twelve months;

      (2) "Clean Air Act" means the federal Clean Air Act, 42 USC Section 7401 et seq., as may from time to time be amended;

      (3) "Employee" means any person employed by, or who enters into a direct contract for services with, an employer for eighty or more hours per twenty-eight-day period in a full-time or part-time position, who reports to the employer's work location and either (A) is assigned primarily to such employer's work location or (B) uses a mode of transportation to perform such person's job responsibilities other than the vehicle in which such person commuted to the employer's work location;

      (4) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity which employs persons;

      (5) "Severe nonattainment area" means the geographic area in Connecticut designated as such by the federal Environmental Protection Agency pursuant to the Clean Air Act;

      (6) "Traffic reduction program" means a program established under section 13b-38p in which any affected employer may participate;

      (7) "Work location" means a site, building, group of buildings or set of contiguous buildings or portion thereof, under the ownership, operation or control of an affected employer where employees perform work.

      (May Sp. Sess. P.A. 92-13, S. 1, 18; P.A. 93-334, S. 1, 7: P.A. 94-129, S. 1, 3; P.A. 95-79, S. 36, 189; P.A. 96-223, S. 1, 8.)

      History: P.A. 93-334 redefined "affected employer" and "employee", substituted definition of "peak travel period" for "peak period", added definitions of "compliance report", "maintenance plan", "revised compliance plan" and "target average passenger occupancy" and made technical changes, renumbering Subdivs. as necessary, effective June 29, 1993; P.A. 94-129 redefined "employer", effective May 20, 1994; P.A. 95-79 redefined "employer" to include a limited liability company, effective May 31, 1995; P.A. 96-223 deleted definitions of "average passenger occupancy", "average vehicle occupancy", "compliance plan", "compliance report", "maintenance plan", "peak travel period", "regional planning agency", "revised compliance plan" and "target average passenger occupancy", added definition of "traffic reduction program", made technical changes and renumbered Subdivs. as necessary, effective July 1, 1996.

      See Sec. 13b-38a re establishment of commuter programs, advice and assistance to employers, traffic management programs and task force to develop transportation management plans.

      Sec. 13b-38p. Voluntary traffic reduction program. There is hereby established a voluntary traffic reduction program in order to achieve the goals of the Clean Air Act. Any affected employer which elects to participate in such program shall submit a plan and an annual update to the Commissioner of Transportation. Such plan shall describe the measures to be implemented to reduce single occupancy vehicle trips to and from the work location of such employer and to relieve traffic congestion. Any such affected employer which elects to participate in the program shall be eligible for a tax credit pursuant to the provisions of section 12-217s and assistance pursuant to section 13b-38v, provided such plan has been approved by the commissioner.

      (May Sp. Sess. P.A. 92-13, S. 2, 18; P.A. 93-334, S. 2, 7; P.A. 94-89, S. 12; 94-129, S. 2, 3; May 25 Sp. Sess. P.A. 94-1, S. 125; P.A. 96-223, S. 2, 8.)

      History: P.A. 93-334 amended Subsec. (b) to require commissioner of transportation to establish time schedules for submission of registration information, amended Subsec. (d) to provide that the survey of employees' commutation patterns would exclude the commutation patterns of employees employed by affected employers with more than 1,000 employees and to provide that the survey results would be returned to the department of transportation or a regional planning agency "as determined by the department", amended Subsec. (e)(9) to revise provisions re compliance plans, amended Subsec. (f) to allow department of transportation itself to review and approve plans, amended Subsec. (g) to allow department to evaluate plans for "its ability to convincingly demonstrate achievement of the target average passenger occupancy" and notify the affected employer of any defects in the plan and added new Subsecs. (h) and (i) re revised compliance plans, effective June 29, 1993; P.A. 94-89 amended Subsec. (d) to provide that all affected employers, rather than affected employers who do not achieve a 75% response rate pursuant to subparagraph (C), shall consider nonrespondents to the required survey to have reported to work in a single occupancy vehicle and to specify that surveys conducted by affected employers with more than 1,000 employees shall be conducted pursuant to subparagraphs (A), (B), and (C) of that subsection; P.A. 94-129 amended Subsec. (f) by changing the dates for submission of the compliance plan in the following manner: In Subdiv. (1), from January to June 1, 1994, in Subdiv. (2), from April to July 1, 1994, and in Subdiv. (3), from July to September 1, 1994, effective May 20, 1994; May Sp. Sess. P.A. 94-1, amended Subsec. (d) to provide that affected employers who do not achieve a 75% response rate for the survey required in that subsection shall calculate nonrespondents as arriving in a single occupancy vehicle; (Revisor's note: In 1997 references in Subsec. (a) to "Department of Labor" were replaced editorially by the Revisors with references to "Labor Department" for consistency with statutory usage); P.A. 96-223 deleted Subsecs. (a) to (i), inclusive, in their entirety and substituted provisions re establishment of voluntary traffic reduction program, effective July 1, 1996.

      See Sec. 13b-38a re establishment of commuter programs, advice and assistance to employers, traffic management programs and task force to develop transportation management plans.

      Secs. 13b-38q to 13b-38s. Average vehicle occupancy. Consolidation of traffic management plans. Information to be sent to new affected employers. Sections 13b-38q to 13b-38s, inclusive, are repealed, effective July 1, 1996.

      (May Sp. Sess. P.A. 92-13, S. 3-5, 18; P.A. 94-166; P.A. 96-223, S. 7, 8.)

      Sec. 13b-38t. Assistance to Department of Transportation from Labor Commissioner. The Labor Commissioner shall, upon request of the Commissioner of Transportation, supply such information as is necessary to assist the Department of Transportation in carrying out its responsibilities under section 13b-38p and the Clean Air Act.

      (May Sp. Sess. P.A. 92-13, S. 6, 18; P.A. 96-223, S. 3, 8.)

      History: P.A. 96-223 substituted "section 13b-38p and the Clean Air Act" for "sections 13b-38o to 13b-38y, inclusive", effective July 1, 1996 (Revisor's note: A reference to Commissioner of Labor was replaced editorially by the Revisors with Labor Commissioner for consistency with statutory usage).

      See Sec. 13b-38a re establishment of commuter programs, advice and assistance to employers, traffic management programs and task force to develop transportation management plans.

      Sec. 13b-38u. Exempted employers. Section 13b-38u is repealed, effective July 1, 1996.

      (May Sp. Sess. P.A. 92-13, S. 7, 18; P.A. 93-334, S. 3, 7; P.A. 96-223, S. 7, 8.)

      Sec. 13b-38v. Moneys received for traffic reduction programs. Any moneys received by the state pursuant to a congestion mitigation and air quality grant under the Transportation Equity Act for the 21st Century shall be credited to the Special Transportation Fund, established pursuant to section 13b-68. Such moneys shall be expended as follows: (1) Not less than seventy per cent of the total amount of such moneys received by the state pursuant to said grant shall be expended on eligible projects in the severe nonattainment area to accomplish the mandates of the Clean Air Act. Such expenditures shall include, but not be limited to: (A) Providing technical information to affected employers participating in the traffic reduction program, (B) providing support and assistance to affected employers participating in the traffic reduction program in developing and implementing a traffic reduction plan, or (C) expenditures which reflect the needs identified by employers in their traffic reduction plans submitted pursuant to section 13b-38p. Not less than ten per cent of such funds allocated under this subdivision shall be expended on projects to increase the availability of parking at railroad stations along the New Haven commuter railroad line or improvements to the New Haven line railroads, and (2) not less than twenty-five per cent of the total amount of such moneys received by the state pursuant to said grant shall be expended on eligible projects to accomplish the goals of section 13b-38p, and the Clean Air Act which shall include, but not be limited to: (A) Traffic reduction programs or activities, (B) vanpool and shuttle service, (C) electric vehicle demonstrations, (D) programs guaranteeing rides home for transit and vanpool users, (E) the conversion of vehicles to alternative fuel vehicles, as defined in section 12-217i, (F) shuttle connections to rail or express bus service, (G) planning for transit-oriented development, (H) facilities for pedestrians or other nonmotorized means of transportation, (I) signal modifications to provide priority to buses, and (J) improvements to the New Haven line railroads.

      (May Sp. Sess. P.A. 92-13, S. 8, 18; P.A. 94-188, S. 24, 30; P.A. 95-287, S, 1, 3; P.A. 96-223, S. 4, 8; P.A. 99-181, S. 14.)

      History: P.A. 94-188 amended section by creating new Subparas. (A) and (B) detailing how the moneys are to be expended, effective June 2, 1994; P.A. 95-287 substituted Subdiv. designations (1) and (2) for Subpara. designations (A) and (B) and Subpara. designations where appropriate, and required expenditure of not less than 10% of funds allocated under Subdiv. (1) for additional parking at railroad stations along New Haven commuter railroad line, effective July 1, 1995; P.A. 96-223 inserted references to traffic reduction program in Subdivs. (1) and (2), substituted traffic reduction plan for compliance plan, substituted "section 13b-38p" for "sections 13b-38o to 13b-38y, inclusive", included "vanpool users" in Subdiv. (2)(D) and made technical changes, effective July 1, 1996; P.A. 99-181 replaced "Intermodal Surface Transportation Efficiency Act of 1991" with "Transportation Equity Act for the 21[super]st[/super] Century", amended Subdiv. (1) by deleting references to how money shall be spent prior to the fiscal year ending June 30, 1995, and prior to the fiscal year ending June 30, 1998, and by requiring the expenditure of not less than 10% of funds to also provide improvements to the New Haven line railroads and amended Subdiv. (2) by deleting reference to how money shall be spent prior to the fiscal year ending June 30, 1998, and adding Subpara. (J) re improvements to the New Haven line railroads.

      See Sec. 13b-38a re establishment of commuter programs, advice and assistance to employers, traffic management programs and task force to develop transportation management plans.

      Sec. 13b-38w. Filing fees. Section 13b-38w is repealed, effective July 1, 1996.

      (May Sp. Sess. P.A. 92-13, S. 9, 18; P.A. 93-334, S. 4, 7; P.A. 96-223, S. 7, 8.)

      Sec. 13b-38x. Regulations re traffic reduction program. The Commissioner of Transportation, in consultation with the Commissioner of Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of section 13b-38p. Such regulations shall include, but not be limited to (1) measures an affected employer may take to reduce single occupancy vehicle trips to and from its work location and to encourage its employees to consider alternative means of commuting and (2) guidelines for the preparation and submission of reports pertaining to the traffic reduction program of such employer.

      (May Sp. Sess. P.A. 92-13, S. 10, 18; P.A. 93-334, S. 5, 7; P.A. 96-223, S. 5, 8.)

      History: P.A. 93-334 amended Subdiv. (5) to provide that the regulations would include provisions to allow the commissioner of transportation to "establish the content, time schedules and process by which a compliance report, a revised compliance plan or maintenance plan are submitted", replacing provision which had allowed waiver of submission of plan, and deleted Subdiv. (10) which had authorized adoption of regulations allowing department to conform certain statutes to changes in federal law, effective June 29, 1993; (Revisor's note: In 1997 a reference to "Commissioner of Labor" was replaced editorially by the Revisors with "Labor Commissioner" for consistency with statutory usage); P.A. 96-223 deleted reference to Labor Commissioner, replaced prior provisions detailing regulations' content with new provisions and substituted "section 13b-38p" for "sections 13b-38o to 13b-38y, inclusive", effective July 1, 1996.

      See Sec. 13b-38a re establishment of commuter programs, advice and assistance to employers, traffic management programs and task force to develop transportation management plans.

      Sec. 13b-38y. Penalties. Section 13b-38y is repealed, effective July 1, 1996.

      (May Sp. Sess. P.A. 92-13, S. 12, 18; P.A. 93-334, S. 6, 7; P.A. 96-223, S. 7, 8.)

      Secs. 13b-38z and 13b-38aa. State-wide objectives for providing special transportation services. Progress reports of special transportation services. Sections 13b-38z and 13b-38aa are repealed, effective June 7, 2002.

      (P.A. 99-265, S. 1, 2; P.A. 02-123, S. 30.)

      Sec. 13b-38bb. State matching grant program for elderly and disabled demand responsive transportation. Allocations. Requirements. Data collection. (a) The Commissioner of Transportation shall establish a state matching grant program, in accordance with the provisions of this section, which shall be available to any municipality upon application of such municipality. Such grants shall be expended by such municipalities for elderly and disabled demand responsive transportation programs that shall be available to persons age sixty or older.

      (b) Not later than thirty days after the commissioner determines an allocation amount, the commissioner shall notify municipalities of the availability of such amount.

      (c) Municipalities shall apply to the state through a designated regional planning organization or transit district for funding allocations. The regional planning organization or transit district and municipalities interested in applying for the funds shall collaborate on service design to determine how to use the funding most effectively in that municipality and its surrounding region. The commissioner shall have the authority to approve or disapprove the method for delivery of service.

      (d) The maximum amount allocated to a municipality shall be determined by the commissioner in accordance with the following formula: Fifty per cent of such funds shall be apportioned on the basis of the share of the population of persons age sixty or older in the municipality relative to the state's total population of persons age sixty or older, as defined in the most recent federal decennial census or in estimates provided in the five-year interim by the Office of Policy and Management. Fifty per cent of such funds shall be apportioned on the basis of a municipality's square mileage relative to the state's total square mileage.

      (e) Each municipality applying for such grant funds shall provide a fifty per cent match to such funds. If a municipality chooses not to apply for such funds, its portion shall revert to the Special Transportation Fund.

      (f) A municipality, receiving a grant provided pursuant to this section, shall annually submit to the Commissioner of Transportation, on forms provided by said commissioner, the following data on such transportation programs: (1) The number of unduplicated riders; (2) the number of one-way trips; (3) the number of miles traveled; (4) the number of trip denials; (5) the number of hours vehicles are in use annually; (6) all federal, state, municipal and other revenues received and expenditures incurred in the provision of dial-a-ride services; and (7) any other information determined to be necessary by the commissioner.

      (g) A municipality receiving a grant pursuant to this section shall annually submit to the Commissioner of Transportation a certification that any state grant shall be in addition to current municipality levels of spending on such programs.

      (h) Any funds shall only be expended for grants and administrative costs and shall not be expended for any other purpose.

      (P.A. 99-265, S. 4; P.A. 00-148, S. 22; P.A. 02-123, S. 5; June Sp. Sess. P.A. 05-4, S. 39.)

      History: P.A. 00-148 made technical changes, amended Subsec. (a) by making the state matching grant a program, amended Subsec. (b) by replacing "a grant" with "an allocation", added new Subsec. (c) re application process for allotted funds and redesignated Subsecs. (c) to (g), inclusive, as Subsecs. (d) to (h), inclusive; P.A. 02-123 amended Subsec. (c) to eliminate references to "within the transportation service region, as established in section 13b-38m," and "allocated to municipalities within that transportation service region" and to change "municipality and region" to "municipality and its surrounding region", effective June 7, 2002; June Sp. Sess. P.A. 05-4 amended Subsec. (a) to delete references to deadlines for establishing program and to establishing program within available General Fund appropriations, amended Subsec. (e) by changing General Fund to Special Transportation Fund, and amended Subsec. (h) to remove reference to appropriated funds and specify that funds shall only be expended for grants and administrative costs, effective July 1, 2005.

      See Sec. 13b-57s re funding for grants-in-aid and administrative expenses for program.

      Sec. 13b-38cc. Buses for 21st Century Mobility program. There is established, within available budgetary resources, the "Buses for 21st Century Mobility" program which shall be administered by the Department of Transportation. Commencing July 1, 2008, the Department of Transportation shall accept applications from publicly funded transportation providers and nonprofit community transportation service providers for funding to provide new and expanded bus transportation services as part of the Buses for 21st Century Mobility program. Such new and expanded bus transportation service programs shall include, but not be limited to: (1) Expansion of existing services where a demonstrated need has been shown, including, but not limited to, weekend and evening service and increased frequency of service; (2) establishment of new services where a demonstrated need has been shown; (3) new rail shuttle services; (4) express bus commuter services; (5) greater coordination of marketing and web-trip planning of transit services; and (6) other bus transportation programs designed to increase bus ridership opportunities for Connecticut residents.

      (P.A. 08-155, S. 1.)

      History: P.A. 08-155 effective July 1, 2008.

      Sec. 13b-38dd. Zero-emissions buses implementation plan. Collaborative efforts re hydrogen fuel and renewable energy sources strategies. Hydrogen refueling stations. Funding plans. (a) The Department of Transportation shall consult with the Connecticut Center for Advanced Technology, Inc. to develop a plan to implement zero-emissions buses state-wide. Such plan shall include the technological, facility and financial arrangements needed for such a conversion of bus fleets as well as identifying specific locations for hydrogen refueling stations along state highways or at locations that could potentially be utilized by state fleets or other public or private-sector fleets. This shall be part of a larger collaborative effort between the Department of Transportation and the Connecticut Center for Advanced Technology, Inc. to identify strategies to expand the availability and use of hydrogen fuel and renewable energy sources within any such corridor or around such a centralized fleet fueling location. Said plan shall be completed within available appropriated funds designated for the purpose of studying or designing clean fuel or alternative fuel solutions.

      (b) Said plan shall be completed and submitted to the joint standing committees of the General Assembly having cognizance of matters relating to energy, environment and transportation not later than December 31, 2010, subject to the availability of study funds from readily available and already appropriated sources of funding.

      (c) Such hydrogen refueling stations identified in the plan shall provide fuel for zero emissions vehicles at appropriate pressures and volumes identified by Connecticut Center for Advanced Technology, Inc. The study shall consider technologies for generating hydrogen which will use products principally manufactured and assembled in the state.

      (d) The plan shall also examine appropriate available funding from the state or federal government for purchasing zero-emissions buses and constructing any recommended hydrogen fueling facilities from funds designated for the purpose of encouraging clean fuel or alternative fuel use. Any funding plans developed within the study for the establishment of zero-emissions bus fleets and hydrogen refueling corridors or centralized fueling facilities shall be provided in a manner to encourage federal and private cost sharing.

      (P.A. 09-186, S. 8.)

PART IV*
AERONAUTICS

      Sec. 13b-39. Jurisdiction over and responsibility for aeronautics. (a) The commissioner shall have jurisdiction over aeronautics in the state with all the powers and duties prescribed in this title, in title 15, and as otherwise provided by law.

      (b) The commissioner shall have general responsibility for aeronautics in the state with all the powers and duties established under chapter 266, this chapter and as otherwise provided by law.

      (1969, P.A. 768, S. 34, 166.)

      Cited. 201 C. 700.

      Sec. 13b-39a. Registration of aircraft. (a) The Commissioner of Transportation shall establish a program of registration for all aircraft in the state, in accordance with which the owner of any aircraft, as defined in subdivision (5) of section 15-34, which is based or primarily used at any airport facility, heliport, air navigation facility, restricted landing area or seaplane base in a municipality within this state shall, not later than October 1, 1993, and annually thereafter, be required to register with the municipality in which such aircraft is based or primarily used, by filing an application form, or renewal thereof, and paying the appropriate registration fee, as provided for in section 12-71, this section and section 13b-39b. The owner of any aircraft which is based or primarily used at any such air navigation facility or restricted landing area in this state shall register such aircraft not later than July 1, 1994, and annually thereafter not later than the first of October. Any aircraft shall be deemed to be based or primarily used in a municipality when in the normal course of its use, it leaves from and returns to or remains at one or more points within the municipality more often or longer than at any other single location outside of the municipality.

      (b) The Commissioner of Transportation, subject to the provisions of chapter 54, shall adopt such regulations as deemed necessary by said commissioner to implement the provisions of section 12-71, this section and sections 13b-39b to 13b-39h, inclusive.

      (P.A. 86-393, S. 1, 3; P.A. 93-433, S. 9, 26; P.A. 94-175, S. 10, 32; May Sp. Sess. P.A. 94-4, S. 27, 80, 85; P.A. 95-160, S. 64, 69.)

      History: P.A. 93-433 amended Subsec. (a) to require the registration of all aircraft with and the payment of registration fees to the municipality where the aircraft is primarily based or used, deleting prior provisions re registration with transportation commissioner, effective July 1, 1993; P.A. 94-175 made a technical change in the statutory internal reference, effective June 2, 1994; May Sp. Sess. P.A. 94-4 extended registration to aircraft based or primarily used at air navigation facilities or restricted landing areas, effective June 9, 1994, and revised effective date of P.A. 94-175 but without affecting this section; P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section.

      Sec. 13b-39b. Aircraft registration forms and decals. The Department of Transportation shall prepare and distribute to each municipality in which aircraft are based or primarily used forms and decals for the registration of aircraft and the renewal of such registrations. The registration forms shall contain such information as the Commissioner of Transportation may prescribe, including, but not limited to, information concerning (1) the form and identity of ownership, including information as to whether such ownership is by an individual, partnership, corporation or other entity, (2) the type of aircraft, including the year of manufacture, the manufacturer, the model and the certified gross weight, (3) the Federal Aviation Certificate number and (4) the location at which such aircraft is based or primarily used in this state. Each municipality shall designate a municipal registration official who may be an official or employee of the municipality or of any airport facility, heliport or seaplane base located within the municipality, to perform the duties of registration of aircraft as set forth in sections 13b-39a to 13b-39h, inclusive, and shall furnish, in writing, the name, address and telephone number of each such official. The municipality shall immediately notify the commissioner upon any changes relative to the municipal registration official.

      (P.A. 93-433, S. 10, 26; P.A. 94-175, S. 11, 32; May Sp. Sess. P.A. 94-4, S. 80, 85; P.A. 95-160, S. 64, 69.)

      History: P.A. 93-433 effective July 1, 1993; P.A. 94-175 made a technical change in the statutory internal reference, effective June 2, 1994; May Sp. Sess. P.A. 94-4 and P.A. 95-160 revised effective date of P.A. 94-175 but without affecting this section.

      Sec. 13b-39c. Display of registration decal. Certificate of registration. Upon receipt of the signed and certified registration form required and the requisite fee, as provided for in section 13b-39d, the municipal registration official shall assign a registration number and provide the owner with a registration decal and certificate of registration. Such registration decal shall be displayed on the right side of the aircraft tail below the horizontal stabilizer. The number shall be maintained in a legible condition and shall be clearly visible and entirely unobscured. The certificate shall state the name of the owner, his address, a description of the aircraft, the expiration date of the certificate and such other information as the commissioner may prescribe by regulation. Such certificate shall be carried aboard the aircraft and shall be available for inspection upon the aircraft for which it is issued whenever the owner or any person authorized by him is aboard such aircraft.

      (P.A. 93-433, S. 11, 26.)

      History: P.A. 93-433 effective July 1, 1993.

      Sec. 13b-39d. Registration fee. The owner shall pay a fee to the municipal registration official for each aircraft so numbered or registered in accordance with the following schedule:

Aircraft manufactured before 1946 shall pay the lesser of one hundred dollars or the fee as required on the basis of gross weight as set forth in this section. The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, a uniform schedule for the expiration and renewal of registrations and may prorate the fees in this section accordingly. Any person or firm that acquires ownership of an aircraft shall obtain a new registration in the name of such owner within thirty days of the date of such acquisition, provided no additional registration fee shall be payable in cases where one or more new ownership interests are being added to the registration or in cases of legal change of name of the registrant. All registrations shall be renewed within thirty days of the date of expiration as stated in the certificate. If a valid certificate or number decal is lost, mutilated or destroyed, the aircraft owner shall notify the municipal registration official within fifteen days, and such owner shall be issued a duplicate certificate or number decal upon payment of a fee of five dollars.

      (P.A. 93-433, S. 12, 26; P.A. 94-175, S. 12, 32; May Sp. Sess. P.A. 94-4, S. 80, 85; P.A. 95-160, S. 64, 69; P.A. 03-115, S. 50.)

      History: P.A. 93-433 effective July 1, 1993; P.A. 94-175 made a technical change in the statutory internal reference, effective June 2, 1994; May Sp. Sess. P.A. 94-4 and P.A. 95-160 revised effective date of P.A. 94-175 but without affecting this section; P.A. 03-115 made technical changes.

      Sec. 13b-39e. Exemption for military aircraft, government aircraft or aircraft dealers. The provisions of sections 13b-39a to 13b-39d, inclusive, shall not apply to military aircraft or government aircraft owned and operated by the United States or any state or local government therein, to any aircraft registered in a foreign country that has a reciprocal agreement with the United States government or to aircraft engaged in Federal Aviation Regulations Part 121 and Part 135 certificated operations or to aircraft owned by dealers for the sole purpose of sale or exchange. For the purpose of this section "dealer" includes any person actively engaged in buying, selling or exchanging aircraft who has an established place of business in this state and who may, incidental to such business, repair aircraft or cause them to be repaired.

      (P.A. 93-433, S. 13, 26; May Sp. Sess. P.A. 94-4, S. 1, 85; P.A. 95-160, S. 64, 69.)

      History: P.A. 93-433 effective July 1, 1993; May Sp. Sess. P.A. 94-4 exempted aircraft dealers from the registration program, effective June 9, 1994; P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section.

      Sec. 13b-39f. Penalty for failure to register. Any person who operates or any owner who permits the operation of an aircraft, which has not been numbered or registered in accordance with the provisions of sections 13b-39a to 13b-39e, inclusive, and any other applicable section of the general statutes, shall have committed a violation and shall be fined two hundred dollars for the first offense and five hundred dollars for each subsequent offense. Any officer empowered to enforce the provisions of section 13b-39a and any other applicable section of the general statutes who finds an aircraft which is not numbered or registered in accordance with the provisions of this chapter and such discovery is subsequent to a violation of this chapter may make application to the court for a warrant to seize such aircraft and take it into custody pending proof of payment of proper numbering or registration fees. No officer shall be liable for any act performed under the provisions of this section.

      (P.A. 93-433, S. 14, 26.)

      History: P.A. 93-433 effective July 1, 1993.

      Sec. 13b-39g. Municipality may retain fees. Each municipality which issues and renews registrations for aircraft in accordance with sections 13b-39a to 13b-39h, inclusive, may retain for its own use and purposes, as a grant in lieu of property taxes, all revenue received from the receipt of aircraft registration fees. Each such participating municipality shall furnish the commissioner with such reports concerning the total amount of fees received pursuant to sections 12-71 and 13b-39a to 13b-39h, inclusive, the number of registrations issued, the names of registrants and the descriptions of aircraft registered.

      (P.A. 93-433, S. 15, 26; P.A. 94-175, S. 13, 32; May Sp. Sess. P.A. 94-4, S. 80, 85; P.A. 95-160, S, 64, 69.)

      History: P.A. 93-433 effective July 1, 1993; P.A. 94-175 made a technical change in the statutory internal reference, effective June 2, 1994; May Sp. Sess. P.A. 94-4 and P.A. 95-160 revised effective date of P.A. 94-175 but without affecting this section.

      Sec. 13b-39h. Grants to municipalities. Payments shall be made from the Special Transportation Fund by the Department of Transportation to municipalities based on aircraft registered in such municipalities as of the October 1, 1992, grand list in a percentage of the total tax that the municipality would have collected in personal property tax pursuant to section 12-71, assuming such aircraft were subject to assessment (1) on April 1, 1994, a payment in an amount of one hundred per cent of such total amount less such registration fee; (2) on April 1, 1995, a payment in an amount of one hundred per cent of such total amount less such registration fee; (3) on April 1, 1996, a payment in an amount of ninety per cent of such total amount; (4) on April 1, 1997, a payment in an amount of seventy per cent of such total amount; (5) on April 1, 1998, a payment in an amount of fifty per cent of such total amount; (6) on April 1, 1999, a payment in an amount of thirty per cent of such total amount; and (7) on April 1, 2000, a payment in an amount of ten per cent of such total amount. In no event shall the total of the registration fees and the payments from the department pursuant to this section exceed one hundred per cent of the total tax the municipality would have collected in personal property tax pursuant to said section 12-71 assuming such aircraft was subject to assessment.

      (P.A. 93-433, S. 17, 26.)

      History: P.A. 93-433 effective July 1, 1993.

      Secs. 13b-40 and 13b-41. Bureau of Aeronautics. State airways system. Sections 13b-40 and 13b-41 are repealed.

      (1969, P.A. 768, S. 35, 36; P.A. 77-614, S. 609, 610; P.A. 85-130.)

      Sec. 13b-42. Airport or restricted landing area owned or leased by the state. Granting of interests. Purchase or taking of airport properties. Agreements with municipalities. Advertisement and award of certain leases that involve work on a public building. (a) The commissioner shall have entire charge, control, operation and management of any airport or restricted landing area owned or leased by the state, except any air navigation facility operated exclusively by the Military Department, and may act with the consent of the State Properties Review Board as agent of the state in any negotiations with the federal government concerning land or other property used or to be used by the state for aeronautical purposes.

      (b) With the approval of the Attorney General, the Secretary of the Office of Policy and Management and the State Properties Review Board, the commissioner may sell or lease or grant any interest in any airport or airport site or any part thereof, hangars, shops or other buildings or other property owned or held under lease by the state, except that after initiating such approval, the commissioner may temporarily lease any such interest. A temporary lease shall be effective only until a final decision is made by the Attorney General, the secretary and the Properties Review Board. Leases of land of the state shall be for periods determined by the commissioner with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner may confer the privilege of concessions of supplying, upon the airports, goods, commodities, service and facilities. The commissioner shall grant no exclusive right for the use of any airway, airport, restricted landing area or other air navigation facility under his jurisdiction.

      (c) The commissioner may, subject to the provisions of section 4b-23, purchase or take and, in the name of the state, may acquire title in fee simple to, or any lesser estate, interest or right in, any airport, restricted landing area or other air navigation facility owned or controlled by any municipality or by any two or more municipalities jointly or by any other person, if he finds that the acquisition of such airport, restricted landing area or other air navigation facility is necessary to the maintenance of adequate air transportation in the state or is required by public convenience and safety, except that no such purchase, taking or acquisition may be made by the commissioner of any such airport, restricted landing area or other air navigation facility which is owned or controlled by and used as a part of a research, development or manufacturing activity, unless with the consent of the one owning or controlling such airport, area or facility. In connection with the purchase or taking by the commissioner of any such property owned by any person other than a municipality, the determination by the commissioner and the Commissioner of Public Works that the purchase or taking is necessary shall be conclusive. The taking shall be in the manner prescribed in section 48-12 for the taking of land for state institutions.

      (d) In connection with the purchase or taking by the commissioner of any such property in a municipality, the commissioner shall file with the chief executive officer or first selectman of the municipality a written statement finding that the purchase or taking is necessary, setting forth the reasons supporting such finding and requesting approval by the municipality of the purchase or taking, which approval shall be by vote of the municipality at a referendum held at the next regular election held in the municipality. If the municipality by vote disapproves the purchase or taking, the commissioner may, within thirty days following the vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the commissioner has proven the necessity for the purchase or taking and the burden of proving such necessity shall be upon the commissioner. If the court after hearing, deems that the commissioner has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the commissioner has sustained such burden of proof, the court may set aside the action of the municipality disapproving the purchase or taking and may enter an order upon terms and conditions that it deems appropriate to safeguard the rights of the parties and the public. After a purchase or taking has been legally approved, or its disapproval has been set aside by the Superior Court, the state may proceed with the purchase or taking upon paying just compensation to the municipality. In case the state cannot agree with the municipality upon the amount of the compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the purchase or taking.

      (e) The commissioner may, in the name of the state, purchase, take or acquire any interest, in whole or in part, in land, buildings, equipment or facilities that he has sold, leased or granted in any state airport, state airport site or any part thereof pursuant to subsection (b) of this section. The commissioner's determination that such purchase, taking or acquisition is necessary shall be conclusive. Any taking shall be in a manner prescribed in section 13a-73 for the taking of land for highway purposes.

      (f) The commissioner may (1) prohibit, limit or restrict the parking of vehicles, (2) determine speed limits with the approval of the State Traffic Commission, (3) restrict roads or portions thereof to one-way traffic, (4) designate the location of crosswalks, on any portion of any road or highway upon the grounds of any airport owned or held under lease by the state, and (5) erect and maintain signs designating such prohibitions or restrictions. Any person who fails to comply with any such prohibition or restriction shall be subject to a fine of not more than twenty-five dollars, and on and after July 1, 1985, not more than thirty-eight dollars, on and after July 1, 1989, not more than fifty-six dollars, on and after July 1, 1991, not more than seventy dollars, and on and after July 1, 1993, not more than eighty-eight dollars.

      (g) The commissioner may enter into an agreement with any municipality within or near which any airport owned or leased by the state is located, for the purpose of mutual assistance for fire protection.

      (h) Any lease which involves the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n.

      (1969, P.A. 421, S. 1; 768, S. 37; 779; P.A. 75-425, S. 38, 57; P.A. 76-253, S. 4, 6; P.A. 77-614, S. 19, 73, 610; P.A. 78-280, S. 2, 127; P.A. 80-231, S. 2; P.A. 81-421, S. 7, 9; 81-472, S. 127, 159; P.A. 84-254, S. 19, 62; P.A. 85-427, S. 1; 85-613, S. 115, 154; P.A. 87-496, S. 71, 110; P.A. 97-40, S. 1; P.A. 03-215, S. 14; 03-278, S. 31.)

      History: 1969, P.A. 421 in fact amended Sec. 15-49, which was then repealed by P.A. 768 and replaced by provisions of Sec. 37 of that act; 1969, P.A. 779 added exception pertaining to acquisition of such facilities used as a part of research, development or manufacturing activity unless with consent of one owning or controlling it; P.A. 75-425 provided for acting with the consent of the state properties review board in Subsec. (a), added public works commissioner as an approval authority and also provided for his action in conjunction with the transportation commissioner in determining lengths of leases and in approving construction of buildings thereon in Subsec. (b), further made Subsec. (c) subject to the provisions pertaining to the state properties review board and included the public works commissioner in making the determination of necessity for purchase or taking; P.A. 76-253 substituted state properties review board for the public works commissioner in provisions of Subsec. (b); P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and control in Subsec. (b) and substituted commissioner of administrative services for public works commissioner in Subsec. (c); P.A. 78-280 substituted "judicial district" for "county" following "superior court" in Subsec. (d); P.A. 80-231 inserted in Subsec. (b) provision for temporary leasing arrangement pending final decision; P.A. 81-421 inserted new Subsec. (e) authorizing the commissioner to acquire or condemn any interest in airport properties that he has leased or granted pursuant to this section and relettered former Subsecs. (e) and (f) accordingly; P.A. 81-472 made technical changes; P.A. 84-254 increased maximum fine from $25 to $88 between July 1, 1985, and July 1, 1993; P.A. 85-427 amended Subsec. (a) by excepting from the control of the commissioner of transportation any air navigation facility operated exclusively by the state military department; P.A. 85-613 made technical change in Subsec. (f); P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (c); P.A. 97-40 amended Subsec. (d) by deleting "on the docket and trial list"; P.A. 03-215 added new Subsec. (h) re leases for construction, reconstruction, alteration, remodeling, repair or demolition of a public building valued over $500,000 to be advertised and awarded in accordance with Sec. 13b-20n, effective October 1, 2004; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003.

      Case discussed re current sections 13b-42 to 13b-44. 31 CS 216.

      Subsec. (a):

      Cited. 201 C. 700.

      Subsec. (c):

      Cited. 201 C. 700. Cited. 209 C. 480.

      Subsec. (d):

      Cited. 201 C. 700.

      Subsection applies only to municipally owned airports. Legislative history discussed. 31 CS 216.

      Subsec. (e):

      Cited. 209 C. 480.

      Sec. 13b-43. Municipal airports. Any municipality, or any two or more municipalities jointly, may establish, maintain and operate an airport at any location within the state approved by the commissioner and by the municipality or municipalities within which such airport is to be established, and may take any land or interest therein necessary for such establishment at such location upon paying just compensation to the owner of such land or interest therein. The approval of the municipality shall be by vote of a town or borough and by vote of the city council of a city. Any municipality, or any two or more municipalities jointly, may expand or improve an airport, and may take any land or interest therein necessary for such expansion or improvement when, in the opinion of the commissioner, public convenience or safety requires, and when the approval of the municipality or municipalities in which such land is located has been legally obtained, upon paying just compensation to the owner of such land or interest therein. In case such municipality or municipalities cannot agree with such owner upon the amount of such compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the taking of such land, provided no facility or land or interest therein held by a public service company for service to the public shall be so taken or removed unless, at the expense of the party seeking such taking or removal, an adequate and equal substitute approved by the Department of Public Utility Control shall first be provided.

      (1969, P.A. 768, S. 38; P.A. 75-486, S. 36, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 30, 348.)

      History: P.A. 75-486 substituted "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 replaced "public utilities control authority" with the "division of public utility control within the department of business regulation", effective January 1, 1979; P.A. 80-482 changed the latter to "department of public utility control".

      Cited. 173 C. 303. Sec. 15-73 and this section provide a vehicle for a municipality to acquire interests in airport hazards to assure safe and effective operation of an airport. 185 C. 145. Cited. 201 C. 700. Cited. 230 C. 140.

      Legislative history discussed. 31 CS 216. Cited. 35 CS 157.

      Sec. 13b-44. Establishment and maintenance of state airports. (a) The state may establish, maintain and operate, and may expand, an airport at any location within the state in the following manner. The commissioner shall conduct and complete a study of the adequacy of existing airports, which study may be based upon the study authorized under section 13b-16, and shall determine the necessity for the establishment of additional airports or the expansion of existing airports. The commissioner shall, within one year of the completion of such study, formulate and adopt a plan of development which shall incorporate the findings of such study, showing the necessity for such establishment or expansion, in a manner consistent with the comprehensive long-range master transportation plan. The plan of development shall specify the lands or interests in such lands the acquisition of which the commissioner deems necessary for such establishment or expansion and a copy of such plan of development shall be filed in the office of the town clerk of each municipality in which such establishment or expansion is proposed.

      (b) The commissioner shall cause a public hearing to be held at the expense of the department in each municipality in which such lands or interests in such lands are located. At such hearing, the commissioner shall present and explain the plan of development, and any persons who are opposed to such plan may be heard and may state their reasons for such opposition. Such hearing shall be held not earlier than thirty days after such plan has been filed in the office of the town clerk of the municipality. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the second not less than two days before such hearing.

      (c) Upon the completion of such hearing, the commissioner shall consider all the evidence relevant to the proposed plan of development, and if the commissioner determines that the airport establishment or expansion provided in the plan is necessary, shall make such changes or modifications in the plan as are in the public interest. The commissioner shall file a copy of the revised plan, showing the changes or modifications made, in the office of the town clerk of the municipality and shall notify and send a copy of such revised plan to the chief executive officer or first selectman of such municipality. Such notice shall contain the request that the municipality approve the proposed establishment or expansion, which approval shall be by vote of a town or borough, and by vote of the city council of a city.

      (d) If the municipality fails or neglects to act upon a request for approval within sixty days after the receipt of such request by its chief executive officer or first selectman, the municipality shall be deemed to have approved of such establishment or expansion. If the municipality by vote disapproves of the establishment or expansion, the commissioner may, within thirty days following such vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the commissioner has proven the necessity for the establishment or expansion of an airport within the municipality and the burden of proving such necessity shall be upon the commissioner. If the court, after hearing, determines that the commissioner has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the commissioner has sustained such burden of proof, the court may set aside the action of the municipality disapproving the establishment or expansion and may enter such order upon such terms and conditions as it deems appropriate to safeguard the rights of the parties and the public.

      (e) After a plan has been legally approved, or its disapproval has been set aside by the Superior Court, the state may take any lands or interests in such lands contained in the plan upon paying just compensation to the owner. In case the state cannot agree with such owner on the amount of such compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the taking of such land, provided no facility or land or interest in such land held by a public service company for service to the public shall be so taken or removed unless, at the expense of the state, an adequate and equal substitute approved by the Department of Public Utility Control shall first be provided.

      (1969, P.A. 768, S. 39; P.A. 74-338, S. 64, 94; P.A. 75-486, S. 37, 69; P.A. 77-614, S. 162, 610; P.A. 78-280, S. 2, 127; P.A. 80-482, S. 31, 348; P.A. 97-40, S. 2; P.A. 03-115, S. 51; P.A. 04-257, S. 21.)

      History: P.A. 74-338 made technical changes; P.A. 75-486 substituted in Subsec. (e) "public utilities control authority" for "public utilities commission", effective December 1, 1975; P.A. 77-614 replaced public utilities control authority with the division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 78-280 substituted in Subsec. (d) "judicial district" for "county" following "superior court"; P.A. 80-482 substituted in Subsec. (e) "department of public utility control" for the division of public utility control within the department of business regulation; P.A. 97-40 amended Subsec. (d) by deleting "on the docket and trial list"; P.A. 03-115 made technical changes; P.A. 04-257 made technical changes in Subsec. (b), effective June 14, 2004.

      Statute not applicable to dispute arising prior to its enactment. 180 C. 587. Cited. 185 C. 145. Cited. 201 C. 700.

      Legislative history discussed. 31 CS 216.

      Sec. 13b-44a. Filing of documents with the Properties Review Board. Copies of all documents filed pursuant to section 13b-44 shall be filed with the Properties Review Board.

      (P.A. 75-425, S. 39, 57; P.A. 77-614, S. 73, 610; P.A. 85-427, S. 2.)

      History: P.A. 77-614 substituted "commissioner of administrative services" for "public works commissioner"; P.A. 85-427 deleted provision requiring that documents be filed with administrative services commissioner.

      Sec. 13b-45. Publication of standards applicable in taking of land. Before exercising any of the powers conferred in sections 13b-43 and 13b-44, the commissioner shall establish and publish in detailed form, available to the public, the standards the commissioner has adopted and will apply in making a determination that public convenience and necessity require the taking of any parcel of land or interest in such land.

      (1969, P.A. 768, S. 40; P.A. 03-115, S. 52.)

      History: P.A. 03-115 made technical changes.

      Sec. 13b-46. Certificate of approval. Licenses. (a) The commissioner may approve airports, heliports, restricted landing areas, and other air navigation facilities. Any municipality or person acquiring property for the purpose of constructing or establishing an airport, heliport or restricted landing area shall, prior to such acquisition, apply to the commissioner for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve the public interest. Any proposed airport, heliport, restricted landing area or other air navigation facility at which more than thirty-six landings and takeoffs are expected to be made by aircraft in any year shall be approved by the commissioner before it shall be licensed to be used or operated. The commissioner shall make no charge for approval certificates of proposed property acquisition for airport, heliport or restricted landing area purposes.

      (b) The commissioner may license airports, heliports, restricted landing areas and other air navigation facilities and renew such licenses. When a certificate of approval of an airport, heliport or restricted landing area has been issued by the commissioner, he may grant a license for operation and use. On and after July 1, 1995, the commissioner shall charge a fee of one hundred fifty dollars for each license or renewal thereof. Each such license shall be effective for a period of three years from the date of issuance. Each licensee shall certify, on a form provided by the commissioner, that the licensed facility shall comply with all applicable federal, state and local laws and regulations during the license period. Municipalities shall be exempt from the payment of any license fee in connection with airports owned or operated by such municipalities.

      (c) No municipality or officer or employee thereof and no person shall operate an airport, heliport, restricted landing area or other air navigation facility for which approval has not been granted, and a license has not been issued, by the commissioner. The provisions of this section shall not apply to any airport, heliport, restricted landing area or other air navigation facility owned by the federal government within this state.

      (d) Any heliport in operation prior to October 1, 1985, shall be deemed licensed for operation and use and the commissioner shall issue an original license for any such heliport upon the written request of the person who controls and operates such heliport. Such heliports shall be subject to the provisions of this chapter concerning the renewal or revocation of licenses, inspection and review of air navigation facilities and any other provision of this chapter except those concerning the initial approval or licensing of such facilities. Such heliports shall be subject to any regulation adopted by the Commissioner of Transportation in accordance with the provisions of this chapter except those concerning the initial approval or licensing of any air navigation facility.

      (1969, P.A. 768, S. 41; P.A. 80-231, S. 1; P.A. 81-472, S. 19, 159; P.A. 85-262, S. 1; P.A. 95-325, S. 3, 16.)

      History: P.A. 80-231 inserted in Subsec. (a) following "Any proposed airport, restricted landing area or other air navigation facility" "at which more than thirty-six landings and takeoffs are expected to be made by aircraft in any year", provided for approval by commissioner before licensing "for such year" and deleted "other than for an occasional landing or takeoff by aircraft"; P.A. 81-472 made technical changes; P.A. 85-262 extended commissioner's authority to heliports and added Subsec. (d) re licensing of heliports; P.A. 95-325 made technical changes throughout section, amended Subsecs. (a) and (b) to delete reference to approval of airports and other air navigation facilities in accordance with regulations adopted by the commissioner, further amended Subsec. (b) to replace provisions requiring annual renewal of licenses and authorizing fees for issuance of each original license and for annual renewal therefor with provisions requiring that commissioner charge fee of $150 for each license or renewal thereof, that each license be effective for a three-year period and that each licensee certify that licensed facility comply with applicable laws and regulations during license period, and amended Subsec. (c) to eliminate reference to "an annual" license, effective July 1, 1995.

      Cited. 201 C. 700.

      Sec. 13b-46a. Transferred to Chapter 266a, Sec. 15-101q.

      Sec. 13b-47. Criteria for approval. (a) In determining whether he shall issue a certificate of approval or license for the use or operation of any proposed commercial use air navigation facility, the commissioner shall take into consideration (1) its proposed location, size and layout, (2) its relationship to the comprehensive long-range master transportation plan and to any other comprehensive plan for state-wide and nation-wide development, (3) the availability of areas suitable for safe future expansion, (4) the freedom of adjoining areas from obstructions based on a proper glide ratio, (5) the nature of the terrain and of the uses to which the proposed airport will be put, and (6) the possibilities for future development.

      (b) In determining whether he shall issue a certificate of approval or license for the use or operation of any proposed private use air navigation facility, the commissioner shall take into consideration: (1) Its proposed location, size and layout; (2) the freedom of adjacent areas from obstructions based on a proper glide ratio; (3) the nature of the terrain and the uses to which the proposed air navigation facility will be put; (4) the type of equipment to be utilized and the flight experience of the operator; (5) the amount of noise to be produced at such facility; and (6) such other factors as he deems appropriate.

      (1969, P.A. 768, S. 42; P.A. 85-427, S. 3.)

      History: P.A. 85-427 applied previously existing provisions to commercial use facilities and added Subsec. (b) re issuance of certificate of approval or license for private use facilities; (Revisor's note: In 2003 a reference in Subsec. (b) to "... glide ratio and (3) ..." was changed editorially by the Revisors to "... glide ratio; (3) ...").

      Cited. 201 C. 700.

      Sec. 13b-48. Hearing on application for certificate of approval or license. Upon receipt of any application for a certificate of approval of an airport, heliport or restricted landing area, or an original license to use or operate an airport, heliport, restricted landing area or other air navigation facility, the commissioner shall send notice thereof by registered or certified mail to the chief executive officer or first selectman of the municipality or municipalities in which the proposed airport, heliport, restricted landing area or other air navigation facility is proposed to be located. If the applicant, or such municipality within fifteen days after receipt of such notice, requests a public hearing, the commissioner shall set a time and place for such hearing in the municipality in which the proposed airport, heliport, restricted landing area or other air navigation facility is proposed to be situated, at which hearing interested parties shall have an opportunity to be heard. The commissioner may hold a public hearing in any case where no such request is made. Notice of any such hearing shall be published by the commissioner in a newspaper of general circulation in such municipality at least twice, the first publication to be at least fifteen days prior to the date of the hearing. Upon the conclusion of such hearing, the commissioner shall consider all the relevant evidence and shall issue an order granting or denying such application, written notice of which shall be sent by registered or certified mail to the applicant and to the chief executive officer or the first selectman of the municipality or municipalities in which the proposed airport, heliport, restricted landing area or other air navigation facility is to be located. Orders issued pursuant to this section shall comply with the requirements of section 15-66 and shall be subject to appeal as provided in section 15-67.

      (1969, P.A. 768, S. 43; P.A. 85-262, S. 2; P.A. 03-115, S. 53.)

      History: P.A. 85-262 applied provisions of section to heliports; P.A. 03-115 made technical changes.

      Cited. 201 C. 700.

      Sec. 13b-49. Revocation of certificate of approval or license. The commissioner may revoke temporarily or permanently any certificate of approval or license upon a determination that an airport, heliport, restricted landing area or other navigation facility is not being maintained or used in accordance with the provisions of this chapter, or chapter 266, or any regulations adopted pursuant to said chapters.

      (1969, P.A. 768, S. 44; P.A. 85-262, S. 3; P.A. 03-115, S. 54.)

      History: P.A. 85-262 applied provisions of section to heliports; P.A. 03-115 made technical changes.

      Cited. 201 C. 700.

      Sec. 13b-49a. Owner or operator of airport or other air navigation facility to submit information re aircraft based or primarily used at such facility. Penalty. (a) Not later than July thirty-first annually, the owner or operator of any airport, heliport, restricted landing area, seaplane base or other air navigation facility licensed under the provisions of section 13b-46 shall submit to the Commissioner of Transportation the following information with respect to an aircraft which is based or primarily used at such facility as of July first of such year: (1) The name and address of the owner thereof; (2) the type of aircraft; and (3) the Federal Aviation Aircraft Registration number. Said commissioner shall forward such information to the municipality in which an aircraft is based.

      (b) The commissioner, after notice and opportunity for hearing, may suspend or revoke the license of any such facility in the event the owner or operator thereof knowingly or intentionally fails to comply with the provisions of subsection (a) of this section.

      (P.A. 97-304, S. 1, 31.)

      History: P.A. 97-304 effective July 8, 1997.

      Sec. 13b-50. Cooperation with federal government. State assistance to municipalities and owners of commercial airports. (a) The commissioner is authorized to cooperate with the government of the United States or any agency or department thereof in the acquisition, construction, improvement, maintenance and operation of airports, heliports, landing fields and other aeronautical facilities in this state where federal financial aid is received and to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports, heliports and facilities. The commissioner is authorized to accept, receive and receipt for federal or other moneys for and on behalf of this state or any political subdivision thereof for the acquisition, construction, improvement, maintenance and operation of facilities within this state. All moneys accepted for disbursement by the commissioner pursuant to this subsection shall be deposited in the state treasury and disbursed in accordance with the provisions of the respective grants.

      (b) Any municipality is authorized to accept, receive and receipt for federal moneys and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports and other air navigation facilities and sites therefor and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys upon such airports and facilities. No municipality shall submit to the administrator of civil aeronautics of the United States any project application under the provisions of Section 9(a) of Public Law 377, 79th Congress, or any amendment thereof, unless the project and the project application have been approved by the commissioner.

      (c) Any municipality is authorized to designate by ordinance the commissioner as its agent to accept, receive and receipt for federal moneys in its behalf for airport purposes and to contract for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of such airports or other air navigation facilities, and may enter into an agreement with the commissioner prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of this state. Such moneys as are paid by the United States government shall be paid to such municipality under such terms and conditions as may be imposed by the United States in making such grant.

      (d) All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports or other air navigation facilities, made by the municipality itself or through the commissioner, shall be made pursuant to the laws of this state governing the making of like contracts; provided, where such acquisition, construction, improvement, enlargement, maintenance, equipment or operation is financed wholly or partly with federal moneys, the municipality, or the commissioner as its agent, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

      (e) The commissioner may render financial assistance by grant of funds to any municipality or municipalities acting jointly in the planning, acquisition, construction or improvement of an airport owned or controlled, or to be owned or controlled, by such municipality or municipalities, out of appropriations made by the General Assembly for such purposes. Such financial assistance may be furnished in connection with federal or other financial aid for the same purposes for not more than seventy-five per cent of the cost exclusive of federal aid. The commissioner may, by regulation, establish procedure to be followed in granting funds under this subsection and may prescribe forms to be used in connection therewith.

      (f) The commissioner may, whenever he considers such assistance desirable or feasible, make available engineering and other technical services of the department, with or without charge, to any municipality or owner of a commercial airport requesting such services in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or aeronautical facilities.

      (g) Any town, city or borough may lease any airport or contract for any airport facilities or privileges from any person, firm or corporation, municipal or private, operating a municipal or private airport in any location which has been approved by the commissioner.

      (1969, P.A. 768, S. 45; P.A. 77-472; P.A. 85-262, S. 4; 85-427, S. 4; P.A. 10-32, S. 41.)

      History: P.A. 77-472 provided for application of authorized assistance to owners of commercial airports in Subsec. (f); P.A. 85-262 extended the provisions of this section to heliports; P.A. 85-427 amended Subsec. (e) by limiting the amount the commissioner may grant municipalities to no more than 75% of the cost exclusive of federal aid, where previously amount was calculated on 75% state share and 25% local share matching basis; P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010.

      Cited. 201 C. 700.

      Sec. 13b-50a. Initiatives for the preservation of airports. The following initiatives shall be established to preserve Connecticut's licensed privately owned, publicly used airports which have a paved runway and a minimum of five thousand operations per year: (1) The state shall have the right of first refusal to purchase, via fair market value and state property acquisition procedures, an airport, if that airport is threatened with sale or closure, for the express purpose of preserving the airport; (2) the Commissioner of Transportation may acquire the development rights, based on fair market value for such rights, of such airports, provided the airport remains a public airport; (3) the state shall fund capital improvements to private airports, in which case the state shall participate in ninety per cent of the eligible costs and the balance by the sponsor, with budget and priorities to be determined by the Department of Transportation, and engineering in accordance with Federal Aviation Administration Advisory Circulars; and (4) the establishment of a new airport zoning category for the airport's imaginary surfaces as defined by Federal Aviation Regulations. Development within these surfaces shall require notices for proposed construction and a federal determination of obstructions. Construction of obstructions deemed hazardous to navigation shall not be allowed.

      (P.A. 07-232, S. 50; P.A. 10-32, S. 42.)

      History: P.A. 07-232 effective July 1, 2007; P.A. 10-32 made technical changes, effective May 10, 2010.

      Secs. 13b-50b to 13b-50o. Reserved for future use.

      Sec. 13b-50p. Complaints re repeated landings or takeoffs by aircraft from real property not licensed as an airport or other air navigation facility. (a) The Commissioner of Transportation, upon receipt of a written complaint, in such form and containing such information as the commissioner may require, from any person alleging that there have been repeated landings or takeoffs by aircraft from any real property not licensed as an airport, heliport, restricted landing area or other air navigation facility under the provisions of section 13b-46, may require the owner of such property to keep records of all landings and takeoffs made by aircraft from such property for a period of one year. Upon receipt of such records the commissioner shall, within ten days, forward them to the chief elected official of the municipality in which such area or facility is located. The provisions of this subsection shall not apply to any landing or takeoff made by military aircraft or an emergency medical service organization, any landing made for emergency purposes or to any landing or takeoff made at an annual special event or for agricultural purposes.

      (b) The Commissioner of Transportation shall adopt regulations in accordance with chapter 54 to implement the provisions of subsection (a) of this section. The regulations shall include, but not be limited to, the type of information the property owner may be required to record, the procedures for transmitting such information to the commissioner and standards for determining what constitutes an annual special event and agricultural purposes.

      (c) Any person who violates any provision of this section or any regulation adopted pursuant to this section shall be fined not more than five hundred dollars.

      (d) In addition to the fine imposed pursuant to subsection (c) of this section, a municipality may, by ordinance, establish a fine of not more than two hundred fifty dollars for violating any provision of this section.

      (P.A. 97-258, S. 1, 2; P.A. 98-78.)

      History: P.A. 97-258 effective July 1, 1997; P.A. 98-78 amended Subsec. (a) to require the commissioner to forward, within ten days, the records of landings and takeoffs at an air navigational facility to the chief elected official of the municipality where such facility is located and added Subsec. (d) allowing a municipality to establish, by ordinance, a fine of not more than $250.

PART V
WATERWAYS

      Sec. 13b-51. Jurisdiction over harbors and navigable waterways. The commissioner shall have jurisdiction over the harbors and navigable waterways of the state, with all the powers and duties prescribed in this chapter, in title 15, and as otherwise provided by law. The powers and duties of all existing harbor boards or boards of harbor commissioners under either the general statutes or special acts of this state shall be vested in the commissioner but all such boards shall continue in the department to assist the commissioner in an advisory capacity, and to perform such duties as he may delegate to them. Harbor masters and deputy harbor masters appointed by the Governor under section 15-1 shall be subject to the direction and control of the commissioner, and shall be responsible to him for the safe and efficient operation of the harbors over which they have jurisdiction. Nothing in this chapter shall be construed to limit or in any way derogate from the powers and authority of the Commissioner of Environmental Protection under title 25.

      (1969, P.A. 768, S. 46; 1972, P.A. 294, S. 14.)

      History: 1972 act changed reference to the powers and authorities under title 25 from the water resources commission to the commissioner of environmental protection.

      Sec. 13b-51a. Connecticut Maritime Commission. Establishment. Members. Duties. (a) There shall be in the Department of Transportation a Connecticut Maritime Commission which shall consist of fifteen members, as follows: (1) The Commissioners of Transportation, Economic and Community Development and Environmental Protection, the Secretary of the Office of Policy and Management and the chairman of the Transportation Strategy Board, established pursuant to section 13b-57e, or their respective designees; (2) four members appointed by the Governor; and (3) one member each appointed by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the majority leader of the House of Representatives and the minority leader of the House of Representatives. All appointed members shall serve for terms coterminous with their appointing authority and until their successor is appointed and has qualified. Vacancies on said commission shall be filled for the remainder of the term in the same manner as original appointments.

      (b) Appointed members of the commission shall be qualified by experience or training and shall include members of the public and (1) a representative of business and industry that is a regular user of Connecticut port freight services; (2) a member or employee of a local port authority; (3) a Connecticut port operator; (4) an operator of a marine passenger service; (5) an elected or appointed official from a coastal community; (6) a user or provider of recreational maritime services; and (7) a working member of a port labor union.

      (c) The chairman shall be selected by the Governor from among the appointed members of the commission. The members shall annually elect one of their numbers as secretary. The commission may elect such other officers as it deems proper. Members shall receive no compensation for the performance of their duties.

      (d) The commission shall (1) advise the Commissioner of Transportation, the Governor and the General Assembly concerning the state's maritime policy and operations; (2) develop and recommend to the Governor and the General Assembly a maritime policy for the state; (3) support the development of Connecticut's maritime commerce and industries, including its deep water ports; (4) recommend investments and actions, including dredging, required in order to preserve and enhanced maritime commerce and industries; (5) conduct studies and present recommendations concerning maritime issues; (6) support the development of Connecticut's ports, including; identifying new opportunities for the ports, analyzing the potential for and encouraging private investment in the ports and recommending policies which support port operations.

      (e) At least once each year, the commission shall hold a public hearing for the purpose of evaluating the adequacy of the state's maritime policy, facilities and support for maritime commerce and industry.

      (f) On or before January first, annually, the commission shall submit, in writing, to the Commissioner of Transportation, the Governor and the Transportation Strategy Board (1) a list of projects which, if undertaken by the state, would support the state's maritime policy and encourage maritime commerce and industry; (2) recommendations for improvements to existing maritime policies, programs and facilities; and (3) such other recommendations as it considers appropriate. Copies of the report shall be submitted to the General Assembly pursuant to section 11-4a.

      (g) The commission may, upon its own motion, undertake any studies it deems necessary for the improvement of a balanced public transportation system within the state, including the improvement of such system for elderly and disabled users. The commission shall have other powers and shall perform such other duties as the Commissioner of Transportation, the Governor and the General Assembly may delegate to it.

      (h) The staff of the Department of Transportation shall be available to assist the commission.

      (i) No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his or her office or employment, or any loss or diminution in the rights and privileges pertaining thereto, by reason of such membership.

      (j) A quorum of the commission for the purpose of transacting business shall exist only when there is present, in person, a majority of its voting membership. The affirmative vote of a majority of the quorum shall be required for the adoption of a resolution or vote of the commission.

      (k) The commission shall have access through the Department of Transportation to all records, reports, plans, schedules, operating rules and other documents pertaining to ports and navigable waterways of Connecticut. This subsection shall not apply to any plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units.

      (l) The Connecticut Maritime Commission shall be a successor agency to the Connecticut Port Authority in accordance with the provisions of sections 4-38d and 4-39.

      (m) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make technical, grammatical and punctuation changes as necessary to carry out the purposes of this section.

      (P.A. 04-143, S. 22; P.A. 10-159, S. 4.)

      History: P.A. 04-143 effective July 1, 2004; P.A. 10-159 amended Subsec. (c) to delete provision re reimbursement of members for expenses incurred in performance of their duties, effective June 21, 2010.

      Sec. 13b-51b. State Maritime Office. There shall be, within the Department of Transportation, a State Maritime Office which shall: (1) Be responsible for maritime operations, including the State Pier in New London, the Connecticut River ferries and such other operational responsibilities as shall be assigned to it; (2) serve as the Governor's principal maritime policy advisor; (3) serve as the liaison between the state and federal, local and private entities involved in maritime policy activities; (4) coordinate the state's maritime policy activities; (5) encourage year-round use of water-related industries; (6) work with the Department of Economic and Community Development and other state, local and private entities to maximize the economic potential of Connecticut's ports and other maritime resources; (7) conduct necessary research and planning activities; (8) assess potential state investments in ports and other maritime facilities; (9) provide staff support to the Connecticut Maritime Commission, created in section 13b-51a; (10) provide staff support to the Connecticut Pilot Commission created by section 15-13c; and (11) undertake such other responsibilities as may be assigned to it by the commissioner or the Governor.

      (P.A. 04-143, S. 26; P.A. 10-159, S. 5.)

      History: P.A. 04-143 effective July 1, 2004; P.A. 10-159 inserted new Subdiv. (10) to require office to provide staff support to Connecticut Pilot Commission and redesignated existing Subdiv. (10) as Subdiv. (11), effective June 21, 2010.

      Sec. 13b-52. Bureau of Waterways. Section 13b-52 is repealed.

      (1969, P.A. 768, S. 47; P.A. 77-614, S. 609, 610.)

      Sec. 13b-53. Acquisition, construction, maintenance and operation of water transportation and related facilities. Lease or grant of interest at State Pier or navigation property. Concessions privilege. The commissioner may, on behalf of the state, acquire, own, construct, maintain or operate, upon, at or near the seaboard or any navigable waterway, land, or any harbor, wharf, dock, pier, quay, canal, slip or basin, or any appropriate harbor facility, shed, warehouse of any kind, vault, railroad track, yard, terminal or equipment, or such other facility related to the transportation of goods or people by water as he deems necessary to the fulfillment of the purposes of this chapter. The commissioner, with the approval of the State Properties Review Board, the Office of Policy and Management and the Attorney General, may lease or grant any interest at the State Pier in New London or any navigation property owned or under the control of the Department of Transportation to any person and in any manner, as he deems appropriate, except that after initiating such approval, the commissioner may temporarily lease any such interest with the approval of the Secretary of the Office of Policy and Management. A temporary lease shall be effective only until a final decision is made by the Office of Policy and Management, the State Properties Review Board and the Attorney General. Leases of land of the state shall be for periods determined by the commissioner with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner may confer the privilege of concessions of supplying, upon such facilities, goods, commodities, service and facilities.

      (1969, P.A. 768, S. 48; P.A. 08-101, S. 2; 08-185, S. 10.)

      History: P.A. 08-101 deleted provisions authorizing commissioner to make facility available for use by any person to promote efficient interchange of traffic between modes of transportation by water and other than by water, added provisions authorizing commissioner, with approval of State Properties Review Board, Office of Policy and Management and Attorney General, to lease or grant interest at State Pier or navigation property owned or under control of department, added provisions re temporary lease, lease period and construction of buildings, and authorized commissioner to confer privilege of concessions, effective May 27, 2008; P.A. 08-185 required approval of Office of Policy and Management for temporary lease and included Office of Policy and Management in making final decision, effective June 12, 2008.

      Sec. 13b-54. Cooperation with other authorities, agencies and persons. Development of water transportation. The commissioner shall, on behalf of the state, consult and cooperate with appropriate federal authorities regarding any river or harbor improvement or other improvement in facilities or services relating to transportation by water, or the construction of any bridge over the navigable waters of the state. The commissioner shall confer with representatives of municipalities, businesses and other organizations concerning the maintenance of adequate water terminal facilities, shall promote greater coordination between water and other modes of transportation, shall advise relative to the proper mechanical devices for handling freight, and shall adopt such other means, by surveys and recommendations, as will conserve and develop transportation by water.

      (1969, P.A. 768, S. 49.)

      Sec. 13b-55. Sale or conveyance of excess property or rights therein. The commissioner may sell and convey any land, right in land, riparian right or other property or right in property, of whatever kind, that the commissioner may acquire pursuant to section 13b-53, which is in excess of the quantity required for the purpose for which it was acquired, and may execute and deliver appropriate conveyances of such property on behalf of the state. No such sale or conveyance shall be made without the prior consent of the Secretary of the Office of Policy and Management and the Commissioner of Public Works and the State Properties Review Board.

      (1969, P.A. 768, S. 50; P.A. 74-342, S. 39, 43; P.A. 75-425, S. 51, 57; 75-568, S. 35, 45; P.A. 77-614, S. 19, 73, 610; P.A. 87-496, S. 72, 110; P.A. 03-115, S. 55; P.A. 04-143, S. 11; P.A. 10-32, S. 43.)

      History: P.A. 74-342 provided for money received from sales to be deposited in the transportation fund rather than the general fund, and money received for use or rental of terminal or facility related to transportation to be deposited in the transportation fund, deleting authorization for application of such funds to payment of expenses for operation and maintenance; P.A. 75-425 added public works commissioner and the state properties review board to those whose prior consent is required for sale or conveyance; P.A. 75-568 deleted provisions for depositing moneys received for sales or rentals; P.A. 77-614 substituted "secretary of the office of policy and management" for "commissioner of finance and control" and "commissioner of administrative services" for "public works commissioner"; P.A. 87-496 substituted public works commissioner for administrative services commissioner; P.A. 03-115 made technical changes; P.A. 04-143 made a technical change, effective May 21, 2004; P.A. 10-32 made a technical change, effective May 10, 2010.

      Sec. 13b-55a. Harbor improvement projects. (a) In addition to municipal requests for a grant-in-aid pursuant to section 13b-57, harbor improvement projects may be initiated by the Commissioner of Transportation on behalf of the state or for the state on behalf of the federal government. Recommendations on the prioritization or inclusion of projects shall be submitted to the commissioner by the Connecticut Maritime Commission. The department shall contract for the provision of goods and services to harbors and waterways for such improvements, and shall provide the funding required under such contracts, except that the commissioner may enter into agreements with other state agencies or municipalities for such agencies or municipalities to provide the funding for any of such contracts. The department shall administer all contracts entered into under this section.

      (b) All contracts are subject to final negotiation of the scope and budget for a given project. Contracting periods may vary depending on each project. Payments shall be made on a reimbursement basis for deliverables completed no later than the dates of service of an executed contract. Appropriate back-up information shall be included with each payment request indicating that services have been rendered. The department may elect to provide part or all of the funds necessary as an upfront payment, provided funds are held in a separate, noninterest bearing account and are expended not later than sixty days after such funds are provided.

      (c) Harbor improvement projects include the preparation of plans, studies and construction for the alteration and improvement of various state, municipal and other properties in or adjacent to the waters of the state, for the purpose of improving the economy and infrastructure of the state.

      (P.A. 08-101, S. 9.)

      History: P.A. 08-101 effective May 27, 2008.

      Sec. 13b-55b. Harbor improvement account. Deposit and expenditure of funds. (a) There is established an account to be known as the "harbor improvement account" which shall be a separate, nonlapsing account within the General Fund. There shall be deposited in the account: (1) The proceeds of notes, bonds or other obligations issued by the state for the purpose of deposit therein and use in accordance with the permissible uses thereof; (2) funds appropriated by the General Assembly for the purpose of deposit therein and use in accordance with the permissible uses thereof; and (3) any other funds required or permitted by law to be deposited in the account. The funds in said account shall be expended by the Commissioner of Transportation for the purpose of initiating harbor improvement projects in accordance with section 13b-55a and for the purposes described in subsection (b) of this section.

      (b) The harbor improvement account may be used for federal dredging projects (1) to support, in full or in part, local and state matching requirements for such projects; (2) to cover the incremental costs associated with applicable environmental regulatory requirements or management practices, including beneficial use; and (3) to cover part or all of the costs of such projects in the absence of adequate federal funds. If any account funds are used for the purpose described in subdivision (3) of this subsection, the commissioner shall pursue reimbursement to the account from the federal government.

      (P.A. 08-101, S. 10.)

      History: P.A. 08-101 effective May 27, 2008.

      Sec. 13b-56. (Formerly Sec. 8-211). Harbor improvement agencies. For the purposes of this section and section 13b-57, "harbor improvement agency" means any board, commission, agency or department of any municipality designated by the chief executive officer of such municipality and approved by the governing body thereof for the purpose of carrying out a harbor improvement project under this section. Any municipality may undertake a harbor improvement project, including the development, improvement, construction and installation of berthing areas, channels to berthing areas, sea walls, piers, docks, navigation aids, bridges and other related facilities and structures, pursuant to a harbor improvement plan. The harbor improvement agency may prepare or cause to be prepared a harbor improvement plan, and may approve such plan after (1) obtaining the approval of the planning agency of the municipality and (2) holding a public hearing thereon, notice of which shall be published at least twice in a newspaper of general circulation in the municipality, the first publication of notice to be not less than two weeks before the date of the public hearing. Such harbor improvement plan shall include: (a) A description of the harbor improvement area and the condition, type and use of the structures and facilities therein; (b) the location and extent of the proposed land uses and harbor uses in such area; (c) the location and extent of streets and public utilities, facilities and works within the area; (d) schedules showing the number of families and businesses to be displaced by the proposed improvement, the method of relocating such families and businesses and the availability of sufficient suitable living accommodations at prices and rentals within the financial means of such families and located within a reasonable distance of the area from which they are displaced; (e) present and proposed zoning regulations in the harbor improvement area; (f) a description of all land to be acquired and buildings and improvements to be demolished and removed or rehabilitated; (g) a description of all improvements to be constructed, installed or made; (h) the plan's relationship to definite local objectives; (i) financial aspects of the project, and (j) a ratio of the costs of the project to the benefits to be derived therefrom. After approval of the harbor improvement plan by the harbor improvement agency, the plan shall be submitted to the Commissioner of Transportation and the Commissioner of Environmental Protection and, if approved by each commissioner, may be adopted by the governing body of the municipality. A harbor development plan may be modified at any time by a harbor improvement agency, provided such modification is consented to in writing by each purchaser or lessee of land in the harbor improvement project affected by such modification, and such modification does not substantially change the plan; otherwise any modification to such plan shall be approved in the same manner as the plan. Any municipality and its harbor improvement agency may exercise, for the purposes of undertaking a harbor improvement project, all the powers and authority granted to a municipality and to a redevelopment agency for the purposes of a redevelopment or urban renewal project pursuant to chapter 130.

      (1967, P.A. 522, S. 14; 1969, P.A. 768, S. 65; 1971, P.A. 872, S. 142.)

      History: 1969 act added provision for plan to be submitted to the commissioner of transportation, as well as the water resources commission, for approval; 1971 act substituted "commissioner of environmental protection" for "water resources commission"; in 1975 Sec. 8-211 transferred to Sec. 13b-56.

      Sec. 13b-57. (Formerly Sec. 8-212). State grants-in-aid for harbor improvement projects. The state, acting by and in the discretion of the Commissioner of Transportation, may enter into a contract with a municipality, acting by its harbor improvement agency, for state financial assistance for a harbor improvement project pursuant to a harbor improvement plan approved by the Commissioner of Transportation in the form of a state grant-in-aid. Any such application for state financial assistance under this section shall be submitted by the Commissioner of Transportation to the Commissioner of Environmental Protection for his review. Said Commissioner of Environmental Protection shall submit a written report to the Commissioner of Transportation, setting forth his findings regarding such application.

      (1967, P.A. 522, S. 15; 1971, P.A. 872, S. 143; P.A. 73-331; P.A. 08-101, S. 8.)

      History: 1971 act substituted "commissioner of environmental protection" for "water resources commission" where appearing; P.A. 73-331 added "of transportation" to the word "commissioner" wherever it appeared without specific title and substituted "commissioner of transportation" for "commissioner of community affairs"; in 1975 Sec. 8-212 transferred to Sec. 13b-57; P.A. 08-101 deleted provision re state grant-in-aid equal to two-thirds of net cost of project as approved by Commissioner of Transportation, but not exceeding $1,000,000, effective May 27, 2008.

PART VI
ARBITRATION OF CONTRACTS

      Secs. 13b-57a to 13b-57c. Reference by court to arbitration panel. Attorney General to represent state. Actions pending on June 14, 1977. Sections 13b-57a to 13b-57c, inclusive, are repealed.

      (P.A. 77-448, S. 1-4; P.A. 78-333; P.A. 88-317, S. 59, 107; P.A. 90-95, S. 3; P.A. 91-284, S. 3, 4.)