Substitute House Bill No. 5421
Substitute House Bill No. 5421
PUBLIC ACT NO. 98-222
AN ACT IMPLEMENTING RECOMMENDATIONS OF THE PROGRAM
REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE
DEPARTMENT OF TRANSPORTATION AND PROVISIONS FOR
CERTAIN STATE AGENCY CONTRACTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (e) of section 13b-11a
of the general statutes is repealed and the
following is substituted in lieu thereof:
(e) On or before January first, annually, the
commission shall submit in writing to the
commissioner [,] AND the Governor [and the joint
standing committee of the General Assembly having
cognizance of matters relating to transportation]
(1) a list of public transportation projects,
which, if undertaken by the state, would further
the policy set forth in section 13b-32; (2)
recommendations for improvements to existing
public transportation service and projects,
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 [present to]
NOTIFY MEMBERS OF THE JOINT STANDING COMMITTEE OF
THE GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS
RELATING TO TRANSPORTATION, ON OR BEFORE JANUARY
FIRST, ANNUALLY, AND ALL MEMBERS OF the General
Assembly on or before February first, annually, OF
THE AVAILABILITY OF his [written] comments and
analysis of priorities. A WRITTEN COPY OR
ELECTRONIC STORAGE MEDIA OF HIS COMMENTS AND
ANALYSIS SHALL BE DISTRIBUTED TO MEMBERS OF SUCH
COMMITTEE WHO REQUEST HIS COMMENTS AND ANALYSIS.
The commissioner shall meet with the commission at
least once during each calendar quarter.
Sec. 2. Subsection (e) of section 13b-15 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) The plan shall be completed and submitted
biennially to the Governor [and the General
Assembly] 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.
A MEMBER REQUESTING A PLAN SHALL BE SENT A WRITTEN
COPY OR ELECTRONIC STORAGE MEDIA OF THE PLAN BY
THE COMMISSIONER.
Sec. 3. Subsection (a) of section 13b-26 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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. [and shall be reported to the legislature
each biennium.] 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.
Sec. 4. Section 13b-79a of the general
statutes, as amended by section 5 of public act
97-304, is repealed and the following is
substituted in lieu thereof:
Not later than October 1, 1984, and annually
thereafter, the Commissioner of Transportation
shall PREPARE A report [to the joint standing
committees having cognizance of matters relating
to the Department of Transportation, to finance,
revenue, capital bonding and taxation, and to
appropriations and the budgets of state agencies]
on the current status and progress of the
transportation infrastructure program authorized
pursuant to special act 84-52 and sections 3-21a,
3-27a, 3-27f, 12-458 and 12-458d, subsection (c)
of section 13a-80a, sections 13a-175p to 13a-175u,
inclusive, subsection (f) of section 13b-42,
sections 13b-59, 13b-61, 13b-69, 13b-71, 13b-74 to
13b-77, inclusive, 13b-80, AS AMENDED, subsection
(a) of section 13b-97, subsection (a) of section
14-12, sections 14-15, 14-16a and 14-21c,
subsection (a) of section 14-25a, section 14-28,
subsection (b) of section 14-35, subsection (b) of
section 14-41, section 14-41a, subsection (a) of
section 14-44, sections 14-47, 14-48b, 14-49 and
14-50, subsection (a) of section 14-50a, sections
14-52, 14-53 and 14-58, subsection (c) of section
14-66, subsection (e) of section 14-67, sections
14-67a, 14-67d, 14-67l and 14-69, subsection (e)
of section 14-73, subsection (c) of section
14-96q, sections 14-103a and 14-160, subsection
(a) of section 14-164a, subsection (a) of section
14-192, sections 14-319, 14-320 and 14-381,
subsection (b) of section 14-382 and sections
14-383 and 15-14. Each report shall include, but
not be limited to: Information on the number of
lane miles of state and local roadway repaved, the
status of the state and local bridge programs, the
status of intrastate and interstate highway
programs and the interstate trade-in program and
mass transportation and aeronautics programs. THE
COMMISSIONER SHALL NOTIFY THE JOINT STANDING
COMMITTEES OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO FINANCE, REVENUE
AND BONDING AND APPROPRIATIONS AND THE BUDGETS OF
STATE AGENCIES OF THE AVAILABILITY OF THE REPORT.
A REQUESTING MEMBER OF SUCH A COMMITTEE SHALL BE
SENT A WRITTEN COPY OR ELECTRONIC STORAGE MEDIA OF
THE REPORT BY THE COMMISSIONER.
Sec. 5. Section 13b-79b of the general
statutes, as amended by section 6 of public act
97-304, is repealed and the following is
substituted in lieu thereof:
The Commissioner of Transportation shall
[submit] PREPARE a report not later than October
1, 1984, and annually thereafter, [to the joint
standing committees of the General Assembly having
cognizance of matters relating to finance, revenue
and bonding, transportation and appropriations and
the budgets of state agencies,] with respect to
the Special Transportation Fund established under
section 13b-68. Each such report shall, for the
preceding twelve-month period, (1) specify the
moneys credited to such fund on account of, or
derived from, each source of state and federal
revenue, (2) specify the amount of investment
earnings from the fund, (3) specify the moneys
from such fund applied and expended for (A) the
payment of debt service requirements, as defined
in section 13b-75, (B) the payment of the
principal of and interest on general obligation
bonds of the state issued for transportation
purposes, as defined in section 13b-69, and (C)
each budgeted account under the annual budget
appropriation made to the Department of
Transportation, (4) specify the number of lane
miles of state and local roadway repaved, the
status of the state and local bridge programs, the
status of intrastate and interstate highway
programs and the interstate trade-in program and
mass transportation and aeronautics programs and
(5) specify the amount of all expenditures from
the Special Transportation Fund for the purchase
of highway related equipment. THE COMMISSIONER
SHALL NOTIFY THE JOINT STANDING COMMITTEES OF THE
GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS
RELATING TO FINANCE, REVENUE AND BONDING,
TRANSPORTATION AND APPROPRIATIONS AND THE BUDGETS
OF STATE AGENCIES OF THE AVAILABILITY OF THE
REPORT. A REQUESTING MEMBER OF SUCH A COMMITTEE
SHALL BE SENT A WRITTEN COPY OR ELECTRONIC STORAGE
MEDIA OF THE REPORT BY THE COMMISSIONER.
Sec. 6. Section 14-298 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall be within the Department of
Transportation a State Traffic Commission. Said
Traffic Commission shall consist of the
Commissioner of Transportation, the Commissioner
of Public Safety and the Commissioner of Motor
Vehicles. For the purpose of standardization and
uniformity, said commission shall adopt and cause
to be printed for publication regulations
establishing a uniform system of traffic control
signals, devices, signs and markings consistent
with the provisions of this chapter for use upon
the public highways. THE COMMISSIONER SHALL MAKE
KNOWN TO THE GENERAL ASSEMBLY THE AVAILABILITY OF
SUCH REGULATIONS AND ANY REQUESTING MEMBER SHALL
BE SENT A WRITTEN COPY OR ELECTRONIC STORAGE MEDIA
OF SUCH REGULATIONS BY THE COMMISSIONER. Taking
into consideration the public safety and
convenience with respect to the width and
character of the highways and roads affected, the
density of traffic thereon and the character of
such traffic, said commission shall also adopt
regulations, in cooperation and agreement with
local traffic authorities, governing the use of
state highways and roads on state-owned
properties, and the operation of vehicles
including but not limited to motor vehicles, as
defined by section 14-1, and bicycles, as defined
by section 14-286, thereon. A list of
limited-access highways shall be published with
such regulations and said list shall be revised
and published once each year. THE COMMISSIONER
SHALL MAKE KNOWN TO THE GENERAL ASSEMBLY THE
AVAILABILITY OF SUCH REGULATIONS AND LIST AND ANY
REQUESTING MEMBER SHALL BE SENT A WRITTEN COPY OR
ELECTRONIC STORAGE MEDIA OF SUCH REGULATIONS AND
LIST BY THE COMMISSIONER. A list of limited-access
highways opened to traffic by the Commissioner of
Transportation in the interim period between
publications shall be maintained in the office of
the State Traffic Commission and such regulations
shall apply to the use of such listed highways.
Said commission shall also make regulations, in
cooperation and agreement with local traffic
authorities, respecting the use by through truck
traffic of streets and highways within the limits
of, and under the jurisdiction of, any city, town
or borough of this state for the protection and
safety of the public. If said commission
determines that the prohibition of through truck
traffic on any street or highway is necessary
because of an immediate and imminent threat to the
public health and safety and the local traffic
authority is precluded for any reason from acting
on such prohibition, the commission, if it is not
otherwise precluded from so acting, may impose
such prohibition. Said commission may place and
maintain traffic control signals, signs, markings
and other safety devices, which it deems to be in
the interests of public safety, upon such highways
as come within the jurisdiction of said commission
as set forth in section 14-297. The traffic
authority of any city, town or borough may place
and maintain traffic control signals, signs,
markings and other safety devices upon the
highways under its jurisdiction, and all such
signals, devices, signs and markings shall conform
to the regulations established by said commission
in accordance with this chapter, and such traffic
authority shall, with respect to traffic control
signals, conform to the provisions of section
14-299.
Sec. 7. On or before January 1, 1999, the
Department of Transportation, in consultation with
the joint standing committee of the General
Assembly having cognizance of matters relating to
transportation and the subcommittee on
transportation of the joint standing committee of
the General Assembly having cognizance of matters
relating to appropriations and the budgets of
state agencies, shall develop a set of performance
measures that report the status and changes of (1)
bridge conditions individually and in the
aggregate, (2) road conditions for all measured
road segments and in the aggregate, (3) traffic
congestion for all identifiable road segments and
in the aggregate and (4) safety conditions for all
identifiable locations and in the aggregate.
Sec. 8. Subdivisions (1) and (2) of section
49-41b of the general statutes are repealed and
the following is substituted in lieu thereof:
(1) In the case of a contract advertised by
the state Department of Public Works [between July
1, 1996, and June 30, 1999, inclusive,] OR ANY
OTHER STATE AGENCY, EXCEPT AS SPECIFIED IN
SUBDIVISION (2) OF THIS SECTION, (A) the
[department] AWARDING AUTHORITY shall not withhold
more than ten per cent from any periodic or final
payment which is otherwise properly due to the
general or prime contractor under the terms of
such contract and (B) any such general or prime
contractor shall not withhold from any
subcontractor more than (i) ten per cent from any
periodic or final payment which is otherwise due
to the subcontractor or (ii) the amount withheld
by the [department] AWARDING AUTHORITY from such
general or prime contractor under subparagraph (A)
of this subdivision, whichever is less.
Notwithstanding the provisions of this subdivision
(1), the [Commissioner of Public Works] AWARDING
AUTHORITY shall establish an early release program
with respect to periodic payments by general or
prime contractors to subcontractors.
(2) In the case of a contract advertised by
the state Department of [Public Works on or after
July 1, 1999, or in any case in which the awarding
authority is any other state agency]
TRANSPORTATION, (A) the [awarding authority]
DEPARTMENT shall not withhold more than two and
one-half per cent from any periodic or final
payment which is otherwise properly due to the
general or prime contractor under the terms of
such contract, and (B) any such general or prime
contractor shall not withhold more than two and
one-half per cent from any periodic or final
payment which is otherwise due to any
subcontractor.
Approved June 8, 1998