House Bill No. 7506
June Special Session, Public Act No. 01-5
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TRANSPORTATION STRATEGY BOARD.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) As used in sections 1 to 4, inclusive, of this act:
(1) "Board" means the Connecticut Transportation Strategy Board;
(2) "Department" means the Department of Transportation;
(3) "Commissioner" means the Commissioner of Transportation;
(4) "Strategy" means a twenty-year strategic plan for transportation in this state and any updates of or other revisions to such plan;
(5) "TIA corridor plan" means a twenty-year strategic plan for transportation in a corridor and any updates or other revisions to such plan;
(6) "Transportation project" means any planning, capital or operating project with regard to transportation undertaken by the state, provided nothing contained in sections 1 to 4, inclusive, of this act shall be deemed to authorize the board to undertake any project other than strategic planning;
(7) "Local planning agency" means a metropolitan planning organization, as provided in 23 USC 134, a regional planning agency, as provided in section 8-31a of the general statutes, a regional council of elected officials, as defined in subsection (b) of section 4-124i of the general statutes or a council, as defined in subsection (f) of section 4-124c of the general statutes;
(8) "TIA" means transportation investment area;
(9) "Coastal corridor" and "coastal corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ansonia, Beacon Falls, Bethany, Bethel, Bethlehem, Branford, Bridgeport, Bridgewater, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, New Milford, Newtown, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Thomaston, Trumbull, Wallingford, Waterbury, Watertown, West Haven, Weston, Westport, Wilton, Wolcott, Woodbridge and Woodbury;
(10) "I-84 corridor" and "I-84 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Ansonia, Avon, Barkhamsted, Beacon Falls, Berlin, Bethel, Bethlehem, Bloomfield, Bolton, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Canton, Cheshire, Colebrook, Cornwall, Danbury, Derby, East Granby, East Hartford, East Windsor, Ellington, Enfield, Farmington, Glastonbury, Goshen, Granby, Hartford, Hartland, Harwinton, Hebron, Kent, Litchfield, Manchester, Marlborough, Middlebury, Morris, Naugatuck, New Britain, New Fairfield, New Hartford, New Milford, Newington, Newtown, Norfolk, North Canaan, Oxford, Plainville, Plymouth, Prospect, Redding, Ridgefield, Rocky Hill, Roxbury, Salisbury, Seymour, Sharon, Shelton, Sherman, Simsbury, Somers, South Windsor, Southbury, Southington, Stafford, Suffield, Thomaston, Tolland, Torrington, Union, Vernon, Warren, Washington, Waterbury, Watertown, West Hartford, Wethersfield, Winchester, Windsor, Windsor Locks, Wolcott and Woodbury;
(11) "I-91 corridor" and "I-91 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Bristol, Burlington, Canton, Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East Haddam, East Hampton, East Hartford, East Haven, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford, Haddam, Hamden, Hartford, Hebron, Killingworth, Lyme, Madison, Manchester, Marlborough, Meriden, Middlefield, Middletown, Milford, New Britain, New Haven, Newington, North Branford, North Haven, Old Lyme, Old Saybrook, Orange, Plainville, Plymouth, Portland, Rocky Hill, Simsbury, Somers, South Windsor, Southington, Suffield, Tolland, Vernon, Wallingford, West Hartford, West Haven, Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge;
(12) "I-395 corridor" and "I-395 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Mansfield, Montville, New London, North Stonington, Norwich, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Stafford, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock;
(13) "Southeast corridor" and "Southeast corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Bozrah, Chester, Clinton, Colchester, Deep River, East Lyme, Essex, Franklin, Griswold, Groton, Killingworth, Ledyard, Lisbon, Lyme, Montville, New London, North Stonington, Norwich, Old Lyme, Old Saybrook, Preston, Salem, Sprague, Stonington, Voluntown, Waterford and Westbrook; and
(14) "Modal" means a mode of transportation, and "multi-modal" means two or more modes of transportation.
Sec. 2. (NEW) (a) There is created the Connecticut Transportation Strategy Board, the members of which shall be appointed as follows:
(1) Five members from the private sector who have expertise in transportation, business, finance or law as follows: (A) The Governor shall appoint one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005, (B) the president pro tempore of the Senate shall appoint one member whose first term shall expire on June 30, 2004, (C) the speaker of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2003, (D) the minority leader of the Senate shall appoint one member whose first term shall expire on June 30, 2003, and (E) the minority leader of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2002;
(2) One member from each TIA, for which position the chairpersons of the board of the local planning agencies in such TIA, after consulting with the participants in such TIA, shall nominate, for consideration by the appointing authority, three individuals who live in such TIA and who have significant experience in and knowledge of local, regional and state governmental processes, including at least one chief elected official in a town in such TIA, and who shall be appointed as follows: (A) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation shall appoint one member from the southeast corridor TIA, whose first term shall expire on June 30, 2002, (B) the president pro tempore of the Senate shall appoint one member from the I-91 corridor TIA, whose first term shall expire on June 30, 2003, (C) the speaker of the House of Representatives shall appoint one member from the coastal corridor TIA, whose first term shall expire on June 30, 2004, (D) the majority leader of the Senate shall appoint one member from the I-395 corridor TIA, whose first term shall expire on June 30, 2005, and (E) the majority leader of the House of Representatives shall appoint one member from the I-84 corridor TIA, whose first term shall expire on June 30, 2005;
(3) The Commissioners of Transportation, Environmental Protection, Economic and Community Development and Public Safety, and the Secretary of the Office of Policy and Management; and
(b) Upon the expiration of the term of a member of the board who is appointed as provided in subdivision (1) or (2) of subsection (a) of this section, each subsequent appointee to the board shall serve for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. A vacancy in the position of an appointed board member shall be filled by the appointing authority for the remainder of the term.
(c) The board may create subcommittees it deems appropriate and appoint the members of such subcommittees from among its members. Ten members of the board shall be present to constitute a quorum.
(d) The members of the board shall not be compensated for their service as members of the board.
(e) The board may issue guidelines for coordination and organization to the TIAs. These guidelines shall not constitute regulations, as defined in subdivision (13) of section 4-166 of the general statutes.
(f) The staff of the Department of Transportation, the Office of Policy and Management and the Department of Economic and Community Development shall provide staff assistance to the board. Within available appropriations, the board may hire consultants with approval by the Secretary of the Office of Policy and Management and such consultants shall be procured through the Department of Transportation.
(g) The Transportation Strategy Board is a public agency, as defined in section 1-200 of the general statutes, for purposes of the Freedom of Information Act, and is a quasi-public agency, as defined in section 1-79 of the general statutes, for purposes of chapter 10 of the general statutes.
Sec. 3. (NEW) (a) There are created the following transportation investment areas: The coastal corridor TIA, I-84 corridor TIA, I-91 corridor TIA, I-395 corridor TIA and the southeast corridor TIA.
(b) The local planning agencies in each TIA shall select the participants in the TIA, including, but not limited to, businesses, labor unions, trade associations, environmental interest groups and other interest groups whose participation the local planning agency believes would be valuable to the TIA in the development of a transportation plan for the TIA.
(c) The local planning agencies in each TIA shall determine the processes used by such TIA in carrying out its responsibilities under this act. For the purposes of carrying out such responsibilities, each TIA shall report to the chief executive officers of such local planning agencies. Upon request of the local planning agencies, the board shall assist such agencies.
(d) On or before November 15, 2001, the participants in each TIA shall prepare an initial TIA corridor plan and deliver such plan to the Connecticut Transportation Strategy Board, established pursuant to section 2 of this act. Such participants shall deliver full TIA corridor plans biennially thereafter, beginning on November 15, 2002. The absence of a TIA corridor plan submitted by any TIA shall not prohibit said board from proposing a strategy as required by section 4 of this act.
(e) On or before August 1, 2001, the chief executive officers of the local planning agencies in each TIA shall issue notice of an organizational meeting of the participants in the TIA to commence the process of creating a transportation plan for such TIA and to make recommendations for nominations of the board member from such TIA, as provided in subdivision (2) of subsection (a) of section 2 of this act.
Sec. 4. (NEW) (a) Not later than January 15, 2002, the board shall propose to the General Assembly an initial transportation strategy.
(b) In developing the strategy and the revisions, the board shall take into account: (1) The strategic concerns associated with the movement of people and goods; (2) the technological options and multi-modal options, including, but not limited to, transportation by rail, road, air or water, available to address such concerns; (3) the relationship of such concerns and options to sustainable economic growth, environmental quality, urban development, open space, open space preservation, access to employment by residents of the state and public safety; (4) that transportation is a cornerstone of the state's economic vitality and overall quality of life and therefore inextricably linked to other key policies that deal with the state's future including, but not limited to, land use planning, environmental quality, urban vitality and access to quality jobs and services for the state's residents; (5) the connectivity of the state to the northeast, continental and international economies and that the mobility of people and goods within the state are critical to vibrant and sustainable economic growth; (6) that the benefits of leveraging existing transportation assets and infrastructure, especially in urban centers, and the reduction of automobile-oriented demands, are highly desirable; (7) the integration of brownfields remediation and affordable housing and access to employment that should occur as a result of implementing the strategy; (8) the need to engage local planning agencies and other relevant constituencies in developing the strategy; (9) the need to engage representatives of the state's major transportation assets and of the transportation industry in the strategy to help ensure that the strategy is multi-modal and integrated; (10) the benefits of technology to expand capacity, enhance safety, provide information and access funding alternatives; (11) the need to fully explore the sources and methodologies for funding investments in transportation infrastructure, and for annual operating and maintenance costs and the regulations applicable to the expenditure of federal and state funds; (12) that the development of appropriate metrics, methodologies and standards is essential for determining customer needs, for evaluating the return on transportation investments and for the prioritization of specific projects; (13) that the state needs to play a leadership role with the other northeastern states and the eastern Canadian provinces in developing and advocating a transportation strategy for the northeast region of the continent; (14) that the analyses and decision-making related to transportation initiatives in the strategy needs to be done expeditiously within the existing statutory and regulatory framework and that any amendments to the general statutes or to the Regulations of Connecticut State Agencies that are needed to achieve such objectives should be identified; (15) the development, renovation and expansion of Bradley International Airport; (16) the state conservation and development plan, established pursuant to section 16a-24 of the general statutes; and (17) that the role, including the role of financial incentives, of private sector companies, public agencies and institutions needs to be clearly defined with respect to (A) encouraging and supporting employees to use public transportation, (B) providing employees with appropriate alternatives to the locations at which and during the times they perform their work, including, but not limited to, flexible working hours and telecommuting, (C) developing an effective means for delivering goods within and through the state, and (D) encouraging different sectors to participate with the state in specific initiatives.
(c) The board shall design the strategy to achieve the following results:
(1) Public benefits that consist of (A) stimulating sustainable economic growth and enhancing the quality of life for the residents of the state, and (B) developing and continuously upgrading analytical tools to demonstrate the link between transportation and the public benefits;
(2) Ease of mobility of people and goods within the state and the TIAs, that consists of (A) reducing traffic congestion, (B) enabling inter-corridor movement within the state, and (C) enabling access to employment opportunities and essential services;
(3) Connectivity in access to the regional, national and global economies, that consists of (A) improving access (i) to surrounding states, consisting of the Interstate-95 corridor to New York, the Connecticut River Valley and Interstate-91 corridor to Springfield, Massachusetts and southeastern Connecticut to Massachusetts, New York and Rhode Island, and (ii) to the national and global economies; and (B) expanding modal choices for passenger and freight, consisting of (i) developing an airport system that stimulates growth, (ii) linking the state to international rail grids, (iii) developing water-borne alternatives, and (iv) assuring workable freight access to the ports of New York and New Jersey and the corridor related to the North American Free Trade Agreement; and
(4) Safety and security that consists of (A) adequately maintaining infrastructure and equipment, and (B) enforcing safe operations and use of the transportation systems by customers and operators.
(d) In designing the strategy to achieve the results provided in subsection (c) of this section, the board shall evaluate specific tactics and approaches in the strategy by using the following criteria:
(1) Focusing on people who use transportation systems by (A) involving such people directly in planning and through ongoing market research, (B) creating a seamless interface with state, regional, national and global systems, and (C) developing transportation systems that operate as if they had intelligence, including, but not limited to, systems that provide real-time information to their users;
(2) Oriented to economic growth by (A) responsiveness to general business needs, (B) responsiveness to specific industry cluster needs, and (C) support for state urban development strategies;
(3) Being environmentally responsible by (A) improving air quality, (B) leveraging existing assets to minimize impact on wetlands and open space by directing development to the areas of the state that have the infrastructure to support the development, and (C) reducing energy consumption;
(4) Encouraging and enabling inter-modal links and usage wherever possible, and managing the transportation systems from a multi-modal perspective; and
(5) Involving the TIAs by (A) building upon natural economic and service areas, (B) enhancing connectivity of all population centers in the state, and (C) implementing strategic priorities through TIAs.
(e) The board shall include in the strategy the criteria by which the board, the commissioner and the department will evaluate and prioritize existing and proposed transportation projects.
(f) The board shall identify in the strategy the tools and measures by which it intends to assess transportation system performance and analyze the value of projects proposed to implement the strategy, including their overall value to the state as a public investment.
(g) The board shall include in the strategy (1) a projection of the required capital investments and operating costs over the next succeeding ten years and the recommended sources of such funds, (2) a distinction between transportation costs for operations and maintenance and transportation investments which shall (A) be based on the strategy and evaluated against strategic goals, (B) provide additional benefits that are tangible and attainable, (C) include a range of transportation uses including, but not limited to, transit, airways, highways, waterways and freight, to gain public support, (D) reach as many people as possible throughout the entire community in each TIA, and (E) respond to widely perceived needs.
(h) The board shall review the TIA corridor plan prepared by each TIA, as provided in section 3 of this act, and may incorporate all or parts of such plans in the strategy.
(i) In developing and revising the strategy, the board 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 board to carry out the board's responsibilities under this section; and (4) to the extent the board may deem appropriate, make use of, and incorporate in the strategy, any existing long-range transportation plan, survey or report developed by any public or private agency or person.
(j) Copies of the strategy and revisions to the strategy shall be kept on file as a public record in the department.
(k) Not later than January 15, 2002, the board shall submit an initial strategy and preliminary projections of the cost necessary to implement the strategy over the first ten years to the Governor and the General Assembly in accordance with section 11-4a of the general statutes. Such strategy shall be subject to approval by the General Assembly. On June 30, 2002, and each December thirty-first and June thirtieth thereafter, the board shall submit a status report on the implementation of and any needed revisions to the strategy and the quarterly report provided by the Department of Economic and Community Development, pursuant to subsection (b) of section 6 of this act to the joint standing committee of the General Assembly having cognizance of matters relating to transportation in accordance with section 11-4a of the general statutes. On December 15, 2002, and every two years thereafter, the board shall update or revise the strategy, if necessary, and shall submit a report on implementation of the strategy to the Governor and the General Assembly, as provided in section 11-4a of the general statutes. All such updates and revisions shall be subject to approval by the General Assembly.
(l) The board shall monitor, for purposes of continued recommendations, the implementation of the strategy by prioritizing transportation projects and the tactics and processes necessary to implement such projects for the purposes of proposed legislative approval.
(m) The board shall annually review the proposed operating and capital budgets of the department as they relate to the implementation of the strategy and shall make recommendations to the commissioner, the Governor and the General Assembly.
(n) The board shall consult with members and appropriate staff of the state congressional delegation and with appropriate representatives of the United States Department of Transportation with respect to federal transportation funding and initiatives.
Sec. 5. Subsection (d) of section 2c-2b of the general statutes is amended by adding subdivision (28) as follows:
(NEW) (28) The Connecticut Transportation Strategy Board.
Sec. 6. (NEW) (a) The Commissioner of Economic and Community Development and the executive directors of the Connecticut Development Authority and Connecticut Innovations, Incorporated shall submit an impact statement for each project new to the state or new construction and seek funding from said entities to the Connecticut Transportation Strategy Board, created pursuant to section 2 of this act, summarizing whether or not such project conforms to the strategy said board submits to the General Assembly in accordance with section 4 of this act.
(b) On or before July 1, 2002, and quarterly thereafter, the Commissioner of Economic and Community Development shall update the board on all project activities occurring during such quarter.
Sec. 7. (NEW) The Commissioner of Economic and Community Development, in consultation with the Commissioner of Transportation, shall collaborate with the towns and cities in the state to promote and market areas of retail sales and services surrounding rail, bus terminals, airports and ports around the state. The Commissioner of Economic and Community Development may use the services of the Connecticut Economic Resource Center and any other entity it deems necessary.
Sec. 8. (NEW) (a) There is established a Bradley Board of Directors to oversee the operation and development of Bradley International Airport.
(b) The Bradley Board of Directors shall consist of seven members, appointed as follows: The Commissioner of Transportation and the Commissioner of Economic and Community Development, each serving ex-officio, a representative appointed by the speaker of the House of Representatives from the Connecticut Transportation Strategy Board, created by section 2 of this act, a representative appointed by the minority leader of the House of Representatives from among the members of the Bradley International Community Advisory Board, as created by section 11 of this act and three private sector members appointed as follows: (A) The Governor shall appoint one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005, (B) the president pro tempore of the Senate shall appoint one member whose first term shall expire on June 30, 2005, (C) the minority leader of the Senate shall appoint one member whose first term shall expire on June 30, 2005. The term of office of each successor shall be four years.
(c) Each member before entering upon the member's duties shall take and subscribe to the oath required by article XI, section 1 of the State Constitution.
(d) The appointed members shall be senior business leaders or executives who have management experience with corporate or institutional organizations, and shall include individuals who have expertise and experience in one or more of the following areas: Financial planning, budgeting and assessment, marketing, master planning, strategic planning and transportation management.
(e) A member who misses three consecutive meetings shall be deemed to have resigned.
(f) The Bradley Board of Directors shall elect a vice-chairperson annually from among the appointed members.
(g) The powers of the Bradley Board of Directors shall be vested in and exercised by not less than five of its members. Such number of members shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action of the Bradley Board of Directors.
(h) Members of the Bradley Board of Directors shall receive no compensation. The Bradley Board of Directors is a public agency, as defined in section 1-200 of the general statutes, for purposes of the Freedom of Information Act, and is a quasi-public agency, as defined in section 1-79 of the general statutes, for purposes of chapter 10 of the general statutes.
Sec. 9. (NEW) The Bradley Board of Directors shall have the duty and authority to: (1) In consultation with the Commissioner of Transportation, develop an organizational and management structure that will best accomplish the goals of Bradley International Airport; (2) approve the annual capital and operating budget of Bradley International Airport; (3) act in cooperation with the Connecticut Transportation Strategy Board, created pursuant to section 2 of this act; (4) advocate for Bradley International Airport's interests and ensure that Bradley International Airport's potential as an economic development resource for the state and region are fully realized; (5) ensure that an appropriate mission statement and set of strategic goals for Bradley International Airport are established and that progress toward accomplishing the mission and strategic goals is regularly assessed; (6) approve Bradley International Airport's master plan; (7) establish and review policies and plans for marketing the airport and for determining the best use of airport property; (8) ensure appropriate independent expertise is available to advise the Bradley Board of Directors, particularly in the areas of strategy and marketing and select consultants as necessary, for purposes related to strategy and marketing, pursuant to procedures established by the board; (9) ensure customer service standards, performance targets and performance assessment systems are established for the airport enterprise; (10) approve community relations policies and ensure that the community advisory board, created pursuant to section 11 of this act, operates effectively to ensure that community comment and information is regularly and fully considered in decisions related to Bradley International Airport; (11) create a code of conduct for the Bradley Board of Directors consistent with part I of chapter 10 of the general statutes; (12) report to the Governor and the General Assembly on an annual basis; (13) establish procedures to review significant contracts, other than collective bargaining agreements, relating to the operation of Bradley International Airport prior to approval, which procedures shall require completion of each such review no later than ten business days after the board receives the contract; and (14) adopt rules for the conduct of its business which shall not be considered regulations, as defined in subdivision (13) of section 4-166 of the general statutes.
Sec. 10. (NEW) For administrative purposes only, the Bradley Board of Directors shall perform its functions within the Department of Transportation. The administrative functions of the board of directors shall be performed by the Department of Transportation and the costs thereof, including the cost of consultants recommended to advise the Bradley Board of Directors, may be reimbursed by the Enterprise Fund. Consultants recommended by the Bradley Board of Directors shall be engaged by the Department of Transportation but shall report to the Bradley Board of Directors. The selection and engagement of consultants for the Bradley Board of Directors shall be exempt from sections 13b-20b to 13b-20m, inclusive, and sections 4-212 to 4-219, inclusive, of the general statutes.
Sec. 11. (NEW) (a) A Bradley International Community Advisory Board is established to represent the interests of the communities and the region surrounding Bradley International Airport. The community advisory board shall work with the airport administration and issue semi-annual reports to the Bradley Board of Directors. The community advisory board shall utilize the Bradley Board of Directors as a resource to support its development initiatives.
(b) The community advisory board shall consist of the chief elected officials of Windsor, Windsor Locks, East Granby and Suffield.
(c) The community advisory board shall have two core purposes: (1) To provide a regular communication vehicle between airport administrators and nearby towns on issues of concern to residents such as noise and traffic, and (2) to advise the Bradley Board of Directors on issues of transportation, land use, planning, zoning and economic development on land surrounding the airport or in close proximity to it. For the purposes of subdivision (2) of this subsection, there shall be a subcommittee, appointed by the community advisory board, made up of each town's manager or planner, together with representatives from regional organizations including: The Capital Region Council of Governments, Greater Hartford Growth Council, Springfield Regional Planning Agency and the Department of Economic and Community Development. The subcommittee shall work to develop new businesses around the airport and shall report to the community advisory board on a regular basis on its activities.
(d) Members of the community advisory board and the development committee shall be considered members of an advisory board for the purposes of the part I of chapter 10 of the general statutes.
Sec. 12. Section 15-101l of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The State Bond Commission may authorize the issuance of bonds of the state in one or more series and in principal amounts necessary to carry out the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act. [but not in excess of the aggregate amount of two hundred ninety-four million dollars, provided any special obligation bonds issued to finance self-sustaining special facilities payable solely from revenues derived from such special facilities and not payable from gross operating revenues pledged to secure bonds issued pursuant to an indenture of trust dated as of October 1, 1982, as amended from time to time, shall not be included in calculating said maximum aggregate amount of bonds.] Such bonds shall be payable from all or a portion of the revenues of Bradley International Airport, as may be specified in the proceedings authorizing such bonds, and may include, among other types of bonds, special purpose revenue bonds payable solely from revenues derived from special purpose facilities, bonds payable from particular sources of revenues and bonds payable in whole or in part from passenger facility charges to the extent permitted under applicable federal law. The Commissioner of Transportation shall evidence a request to issue bonds by filing with the Treasurer a resolution duly adopted by the board identifying the projects or other improvements to be acquired, constructed and installed at Bradley International Airport and requesting issuance by the state of bonds to finance such projects and other improvements; the Treasurer thereupon shall file a request for the issuance of such bonds with the Secretary of the State Bond Commission. The board of directors may appoint a finance or other committee of the board of one or more officers or employees to serve as the board's authorized delegate in connection with the issuance of bonds pursuant to this section.
(b) Bonds issued pursuant to [subsection (a) of] this section shall be special obligations of the state and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, nor shall the state or any political subdivision thereof be subject to any liability thereon except to the extent of such pledged revenues. The issuance of bonds under the provisions of sections 15-101k to 15-101p, inclusive, as amended by this act, shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state or of any political subdivision thereof, except the property mortgaged or otherwise encumbered under the provisions and for the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act. The substance of such limitation shall be plainly stated on the face of each bond. Bonds issued pursuant to sections 15-101k to 15-101p, inclusive, as amended by this act, shall not be subject to any statutory limitation on the indebtedness of the state and such bonds, when issued, shall not be included in computing the aggregate indebtedness of the state in respect to and to the extent of any such limitation.
(c) The bonds referred to in [subsection (a) of] this section may be executed and delivered at such time or times, shall be dated, shall bear interest at such rate or rates, including variable rates to be determined in such manner as set forth in the proceedings authorizing the issuance of the bonds, provide for payment of interest on such dates, whether before or at maturity, shall mature at such time or times not exceeding forty years from their date, have such rank or priority, be payable in such medium of payment, be issued in coupon, registered or book entry form, carry such registration and transfer privileges and be subject to purchase or redemption before maturity at such price or prices and under such terms and conditions, including the condition that such bonds be subject to purchase or redemption on the demand of the owner thereof, all as may be [provided] determined by the State Bond Commission. The State Bond Commission shall determine the form of the bonds, including any interest coupons to be attached thereto, the manner of execution of the bonds, the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. Prior to the preparation of definitive bonds, the State Bond Commission may, under like restrictions, [issue] provide for the issuance of interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. If any of the officers whose signatures appear on the bonds or coupons cease to be officers before the delivery of any such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until delivery.
(d) Any bonds issued under the authority of sections 15-101k to 15-101p, inclusive, as amended by this act, may be sold at public sale on sealed proposals or by negotiation in such manner, at such price and at such time or times as may be determined by the Treasurer to be most advantageous, subject to the approval of the State Bond Commission. The state may pay from the proceeds of the bonds all costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance thereof, including the cost of interest on any short-term financing authorized under subsection (b) of section 15-101n.
(e) The principal of and interest on any bonds issued pursuant to [subsection (a) of] this section shall be secured by a pledge of the revenues out of which such bonds shall be made payable. They may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived or by a pledge of one or more leases, sale contracts or loan agreements with respect to such project or by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of any lessee or contracting party under a loan agreement or sale contract or by a pledge of reserve and sinking funds established pursuant to the resolution authorizing the issuance of the bonds and any other funds and accounts, including proceeds from investment of any of the foregoing, established pursuant to this chapter or the proceedings authorizing the issuance of such bonds, and by moneys paid under a credit facility, including but not limited to, a letter of credit or policy of bond insurance, issued by a financial institution pursuant to an agreement authorized by such proceedings.
(f) The proceedings under which the bonds are authorized to be issued pursuant to [subsection (a) of] this section, and any mortgage given to secure the same, may, subject to the provisions of the general statutes, contain any agreements and provisions customarily contained in instruments securing bonds, including, but not limited to: (1) Provisions respecting custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used for the cost of the project; (2) provisions respecting the fixing and collection of rents or payments with respect to the facilities of Bradley International Airport and the application and use of passenger facility charges; (3) the terms to be incorporated in the lease, sale contract or loan agreement with respect to the project; (4) the maintenance and insurance of the project; (5) the creation, maintenance, custody, investment and reinvestment and use of the revenues derived from the operation of Bradley International Airport; (6) establishment of reserves or sinking funds, and such accounts thereunder as may be established by the State Bond Commission, and the regulation and disposition thereof; (7) the rights and remedies available in case of a default to the bondholders or to any trustee under any lease, sale contract, loan agreement, mortgage or trust indenture; (8) reimbursement agreements remarketing agreements, standby bond purchase agreements or similar agreements in connection with obtaining any credit or liquidity facilities including, but not limited to, letters of credit or policies of bond insurance [, remarketing agreements and agreements for the purpose of moderating interest rate fluctuations, and of] and such other agreements entered into pursuant to section 3-20a; (9) provisions for the issuance of additional bonds on a parity with bonds theretofore issued, including establishment of coverage requirements with respect thereto; [and] (10) covenants to do or to refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds or to maintain any federal or state exemption from tax of the interest on such bonds; and (11) provisions or covenants of like or different character from the foregoing which are consistent with the provisions of this chapter and which the State Bond Commission determines in such proceedings are necessary, convenient or desirable in order to better secure the bonds or bond anticipation notes, or will tend to make the bonds or bond anticipation notes more marketable, and which are in the best interests of the state. The proceedings under which the bonds are authorized, and any mortgage given to secure the same, may further provide that any cash balances not necessary (A) to pay the cost of maintaining, repairing and operating the facilities of Bradley International Airport, (B) to pay the principal of and interest on the bonds as the same shall become due and payable, and (C) to create and maintain reserve and sinking funds as provided in any authorizing resolution, or other proceedings shall be deposited into [the General Fund of the state at designated intervals, or be deposited in] a Bradley International Airport working fund to be held in trust by the treasurer and applied to future debt service requirements or other general airport purposes.
(g) In the discretion of the State Bond Commission, bonds issued pursuant to [subsection (a) of] this section may be secured by a trust indenture by and between the state and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the state in relation to the exercise of its powers pursuant to sections 15-101k to 15-101p, inclusive, as amended by this act, and the custody, safeguarding and application of all moneys. The state may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues from the operation of Bradley International Airport to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the project. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.
(h) Any pledge made by the state shall be valid and binding from the time when the pledge is made, and the revenues or property so pledged and thereafter received by the state shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the state, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(i) The Treasurer shall have power out of any funds available therefor to purchase bonds or notes of the state issued pursuant to this section and section 15-101n. The Treasurer may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders.
(j) Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and bonds are hereby made negotiable instruments within the meaning of and for all purposes of the Uniform Commercial Code, subject only to the provisions of the notes and bonds for registration.
(k) Any moneys held by the Treasurer with respect to Bradley International Airport, or by a trustee pursuant to a trust indenture, subject to the provisions of such indenture, including proceeds from the sale of any bonds and notes, and revenues, receipts and income from the operation of Bradley International Airport may be invested and reinvested in such obligations, securities, and other investments, including without limitation participation certificates in the Short Term Investment Fund created in section 3-27a, or deposited or redeposited in such bank or banks, all as shall be authorized by the State Bond Commission in the proceedings authorizing the issuance of the bonds and notes.
(l) For the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, the costs of the project payable out of the proceeds of bonds issued pursuant to [subsection (a)] this section shall include: (i) Expenses and obligations incurred for labor and materials in connection with the construction of the project; (ii) the cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in any proceedings to acquire by condemnation, such land, property rights, rights-of-way, franchises, easements and other interests in land as may be deemed necessary or convenient in connection with such construction or with the operation of the project, and the amount of any damages incident thereto; (iii) the costs of all machinery and equipment acquired in connection with the project, (iv) reserves for the payment of the principal of and interest on any notes and bonds issued pursuant to this section and section 15-101n, and interest accruing on any such notes, during construction of the project and for six months after completion of such construction, (v) initial working capital, expenses of administration properly chargeable to the construction or acquisition of the project, legal, architectural and engineering expenses and fees, costs of audits, costs of preparing and issuing any notes and bonds pursuant to this section and section 15-101n, and (vi) all other items of expense not elsewhere specified incident to the planning, acquisition and construction of the project or of the placing of the same in operation.
(m) None of the bonds authorized pursuant to [subsection (a) of] this section [,] shall be issued and sold except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or on [his] said secretary's behalf and stating such terms and conditions as said commission, in its discretion, may require.
(n) For purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, the term "project" shall refer to the renovations and improvements to be acquired and constructed at Bradley International Airport [described in section 15-101k] as may be specified from time to time by the board in a resolution as contemplated by subsection (a) of this section.
Sec. 13. Section 15-101n of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Any bonds issued under the provisions of [subsection (a) of] section 15-101l, as amended by this act, or to refund any such bonds issued under such section, and at any time outstanding may at any time from time to time be refunded by the state by the issuance of its refunding bonds in such amounts as the State Bond Commission may deem necessary, but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith and to pay costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance of refunding bonds. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature. All refunding bonds issued hereunder shall be payable [solely from the revenues out of which the bonds to be refunded thereby are payable] and shall be subject to and may be secured in accordance with the provisions of section 15-101l, as amended by this act.
(b) Whenever the State Bond Commission has adopted a resolution authorizing bonds pursuant to [subsection (a) of] section 15-101l, as amended by this act, the Treasurer may, pending the issue of such bonds, issue, in the name of the state, temporary notes and any renewals thereof in anticipation of the proceeds from the sale of such bonds, which notes and any renewals thereof shall be designated "Bond Anticipation Notes". Such portion of the proceeds from the sale of such bonds as may be so required shall be applied to the payment of the principal of and interest on any such bond anticipation notes which have been issued. The principal of and interest on any bond anticipation notes issued pursuant to this subsection may be repaid from pledged revenues or other receipts, funds or moneys pledged to the repayment of the bonds in anticipation of which the bond anticipation notes are issued, to the extent not paid from the proceeds of renewals thereof or of the bonds.
Sec. 14. Section 15-101o of the general statutes is repealed and the following is substituted in lieu thereof:
(a) It is hereby determined that the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, are public purposes and that the state will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder. The state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the state pursuant to sections 15-101l and 15-101n, as amended by this act, in consideration of the acceptance of and payment for the notes and bonds, that the principal and interest of such notes and bonds shall at all times be free from taxation, except for estate and gift taxes, imposed by the state or by any political subdivision thereof but the interest on such notes and bonds shall be included in the computation of any excise or franchise tax. The Treasurer is authorized to include this covenant of the state in any agreement with the holder of such notes or bonds. Any notes or bonds issued by the state pursuant to sections 15-101l and 15-101n, as amended by this act, may be issued on a basis that provides that the interest thereon is intended to be exempt or not to be exempt from federal income taxation, as may be determined by the Treasurer.
(b) Bonds issued under the authority of [subsection (a) of] section 15-101l, as amended by this act, are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter, be authorized by law.
Sec. 15. Section 15-101p of the general statutes is repealed and the following is substituted in lieu thereof:
All revenue from the operation of Bradley International Airport shall be paid to the State Treasurer to be held in trust, and the Treasurer shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a separate account or accounts in banks or trust companies organized under the law of the state or in national banking associations doing business in the state, provided that the Treasurer shall have power to contract with the holders of any notes or bonds issued pursuant to sections 15-101l or 15-101n, as amended by this act, or with a trustee acting pursuant to a trust indenture for the benefit of such holders, as to the custody, collection, securing, investment and application of the proceeds of such notes and bonds and of the revenue from the operation of Bradley International Airport, and to carry out such contracts. Such account or accounts shall constitute a separate nonlapsing enterprise fund to be known as the "Bradley Enterprise Fund".
Sec. 16. (a) The sum of fifty million dollars appropriated to the Department of Transportation, in subsection (a) of section 47 of special act 01-1 of the June special session shall be used for the purpose of: (1) Funding the Jobs Access program which provides later evening bus service route extensions and customized paratransit services for residents in the cities of Bridgeport, Hartford, New Haven and Waterbury; (2) expanding existing commuter parking lots state-wide; (3) marketing an employer-sponsored pretax commuter benefit program to be known as the "Deduct-A-Ride" program; (4) a design study for an Orange/West Haven rail station with parking for one thousand commuters; (5) a site selection study for the expansion of the New Haven Line rail maintenance facilities' capacity and to purchase land for a new rail service maintenance facility; (6) providing funding to expand bus services connecting with rail services in the Coastal Corridor, as defined in subdivision (9) of section 1 of this act; (7) improving and further developing an Accident Clearance Policy to minimize the number of accidents on Interstate Route I-95 and the Merritt Parkway and enhancing hours of truck safety stations; (8) analyzing and recommending the appropriateness of peak hour on-ramp closures on Interstate I-95, located in the Coastal Corridor, as defined in subdivision (9) of section 1 of this act, including how such closures would alleviate traffic congestion; (9) partnering with Amtrak, Metro-North and rail labor unions to allow Shore-Line-East trains to run through New Haven to Bridgeport, Stamford and Greenwich for a two-year trial period; (10) partnering with Amtrak to provide an additional peak period train for a two-year trial period and to promote monthly tickets from Connecticut to Penn Station; (11) expanding Fairfield County inter-regional service by purchasing ten new buses and providing funding for additional local bus service; (12) providing operating funding to expand bus services for existing and new western Connecticut commuters to utilize Metro-North's Upper Harlem Line for commuting to New York City and White Plains; (13) developing (A) operational and fiscal plans for the expansion of local and regional bus services to coordinate with rail and ferry schedules for service to area attractions, and (B) a single ticket fare structure for such services in the Southeast Corridor, as defined in subdivision (13) of section 1 of this act; (14) a study to refine the traffic and transportation needs and modal options of the Southeast Corridor, as defined in subdivision (13) of section 1 of this act; (15) expanding express bus service in the Hartford area; (16) continuing the efforts of the Capitol Region Council of Governments to support the Hartford to New Britain Bus Way; (17) a study of the infrastructure cost and operating characteristics of rail commuter services from New Haven to Springfield, including Bradley International Airport; (18) safety and operational improvements at Interstate I-84 interchanges from Danbury to Newtown; (19) funding a safety and capacity study of Route 8 from Seymour to Waterbury; (20) funding a high speed ferry from Bridgeport to Stamford to New York; (21) funding for the implementation of a demonstration project for a freight Feeder Barge Service in Long Island Sound between the port facilities of New York and New Jersey and Bridgeport Harbor in Bridgeport and New Haven Harbor in New Haven; (22) funding administrative and consulting services for the Connecticut Transportation Strategy Board established by section 2 of this act for the fiscal years ending June 30, 2002, and June 30, 2003, in an amount not exceeding five hundred thousand dollars per year; and (23) such other specific strategic transportation improvements.
(b) Work on the projects and activities set forth in subsection (a) of this section shall commence on or after July 1, 2001.
Sec. 17. Subdivision (27) of subsection (d) of section 2c-2b of the general statutes and sections 15-101r and 15-101s of the general statutes are repealed.
Sec. 18. This act shall take effect from its passage, except that section 8 shall take effect July 1, 2001.
Approved July 2, 2001