Connecticut Seal

General Assembly

 

Substitute Bill No. 7367

    January Session, 2007

*_____HB07367APP___050107____*

AN ACT CONCERNING THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Notwithstanding the provisions of sections 3-14b and 4b-21, no residential property upon which a single-family dwelling is situated at the time it is obtained by the department for highway purposes may be sold or transferred pursuant to this section within twenty-five years of the date of its acquisition without the [department] department's first offering the owner or owners of the property at the time of its acquisition a right of first refusal to purchase the property at the amount of its appraised value as determined in accordance with the provisions of subsection (b) of this section, except for property offered for sale to municipalities prior to July 1, 1988. Notice of such offer shall be sent to each such owner by registered or certified mail, return receipt requested, within one year of the date a determination is made that such property is not necessary for highway purposes. Any such offer shall be terminated by the department if it has not received written notice of the owner's acceptance of the offer within sixty days of the date it was mailed. Whenever the offer is not so accepted, the department shall offer parcels which meet local zoning requirements for residential or commercial use to other state agencies and shall offer parcels which do not meet local zoning requirements for residential or commercial use to all abutting landowners in accordance with department regulations. If the sale or transfer of the property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to that abutter without public bid or auction. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing procedures for the disposition of excess property pursuant to the provisions of this subsection in the event such property is owned by more than one person.

Sec. 2. Subsection (b) of section 15-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Prior to removing and taking such derelict vessel into custody, the Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality shall make a reasonable attempt to notify the owner, agent or operator of the vessel and shall allow such owner, agent or operator to make arrangements for removal of the vessel. Such notification shall inform the owner, agent or operator that, pursuant to this section, if the vessel is not removed within twenty-four hours of notification, it shall be removed, taken into custody and stored at the [owner, agent] owner's, agent's or operator's expense.

Sec. 3. Subsection (f) of section 15-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) Ninety days or more after written notice has been given pursuant to subsection (e) of this section, the Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality may sell a derelict vessel at public auction in accordance with the provisions of this section. The commissioner, harbor master or authorized agent of a municipality shall apply the proceeds of such sale toward the payment of its charges, any storage charges and the payment of any debt or obligation incurred by the commissioner, harbor master or agent who placed the vessel in storage. Such sale shall be advertised twice in a newspaper published or having a circulation in the town where such vessel is stored or is located, commencing at least five days before such sale; and, if the last place of abode of the owner, agent or operator of such vessel is known to or ascertained by the commissioner, harbor master or agent by the exercise of reasonable diligence, notice of the time and place of sale shall be given to such owner, agent or operator by sending such notice to the owner, agent or operator, by certified mail, return receipt requested, at such last place of abode at least five days before the day of the sale. The proceeds of such sale, after deducting any amount due for removal and storage charges and all expenses connected with such sale, shall be paid to the owner, agent or operator of such vessel or the [owner, agent] owner's, agent's or operator's legal representatives, if claimed by the owner, agent or operator or the [owner, agent] owner's, agent's or operator's legal representative at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the municipality from which the vessel was removed. If the expenses incurred by the commissioner, harbor master or agent for such removal and storage and sale of such vessel and any fines exceed the proceeds of such sale, the owner, agent or operator of the vessel shall be liable for such excess expenses.

Sec. 4. Subsection (e) of section 15-13c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) The commission shall, subject to the approval of the commissioner in his sole discretion, set: (1) The required qualifications of pilots for eligibility for licensure, including background, training, length of service and apprenticeship; (2) examination requirements for obtaining a pilot's or other type of operating license; and (3) the appropriate number of state-licensed pilots necessary for the safe, efficient and proper operations in the ports and waters of the state, including the waters of Long Island Sound. [; (4) in] In setting these requirements, the commission may not consider the licenses of pilots by other jurisdictions as a disqualifying factor.

Sec. 5. Subsection (g) of section 15-13c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) The commission shall: (1) Assist in the preparation of examinations for pilot licensure and other operating certificates; (2) evaluate the examination results of applicants for a pilot license and make appropriate recommendations concerning such applicants' qualifications; (3) assist in the review and monitoring of the performance of pilots, including compliance with state policies, procedures and regulations; (4) review applications for reciprocal licensure and make appropriate recommendations concerning such [pilot's] pilots' qualifications; (5) recommend the duties of pilots for the reporting of faulty pilot boarding and disembarkation systems and of violations of any state laws; (6) review and investigate any marine incident or casualty and conduct hearings to determine the causes of any such incident; (7) investigate and make recommendations on disciplinary measures, including such measurers as letters of caution, admonition or reprimand and licensure suspension or forfeiture, including disciplinary matters relative to alcohol or drug abuse; (8) retain an independent investigator to compile a comprehensive factual record of any marine incident or casualty; (9) assist in the review of complaints filed with the commissioner; and (10) assist in the preparation of any report or matter relative to pilotage.

Sec. 6. Section 14-260n of the general statutes is amended by adding subdivision (18) as follows (Effective July 1, 2007):

(NEW) (18) "Articulated bus" means a motor vehicle designed and used for the purposes of carrying public transit passengers, with two separate passenger compartments connected by a kingpin or similar joint, and may be composed of a tractor section and a trailer section, or a forward portion with no motive power and a trailer section with a power unit.

Sec. 7. (NEW) (Effective October 1, 2007) The recipient of a permit pursuant to section 13b-89 of the general statutes, who owns or operates a motor bus, as defined in subdivision (47) of section 14-1 of the general statutes, which has an upper and lower deck, may register such motor bus in this state, provided such motor bus complies with manufacturing and safety standards for motor buses established under federal statutes and regulations. The Commissioner of Transportation shall adopt regulations in accordance with this section.

Sec. 8. Subsection (a) of section 13b-4d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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; [or] (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.

Sec. 9. (NEW) (Effective July 1, 2007) The Commissioner of Transportation shall develop procedures, in accordance with the general statutes, for the leasing of naming rights of transit stations and other transit-owned property to private corporations and organizations. The commissioner shall establish criteria for the leasing of such naming rights. Such criteria shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, not later than January 30, 2008, and be approved by said committee not later than the close of the 2008 session of the General Assembly.

Sec. 10. (Effective from passage) The Route 372 overpass bridge in New Britain shall be designated the "Lieutenant Sherrod E. Skinner Memorial Bridge".

Sec. 11. (Effective from passage) The segment of Route 71 in New Britain, from the intersection of South Main Street and Rockwell Avenue to the Berlin town line, shall be designated the "Marine Corps League Memorial Highway".

Sec. 12. (Effective from passage) The segment of Interstate 91 southbound near the Colt Building in Hartford shall be designated the "Sergeant Matthew D. Arace Memorial Highway".

Sec. 13. (Effective from passage) The segment of Route 66 from State Road 545 to Route 17 in Middletown shall be designated the "Charles E. Rau Memorial Highway".

Sec. 14. (Effective from passage) A segment of a road or bridge located in New Britain shall be named in honor of Representative Anthony Tercyak.

Sec. 15. (Effective from passage) A segment of a road or bridge located in New Britain shall be named in honor of Lieutenant Colonel Vincent J. Bracha.

Sec. 16. (Effective from passage) The segment of Route 16 westbound from Route 85 to Route 66 in Colchester shall be designated the "PFC William 'Jimmy' Johnston Congressional Medal of Honor Recipient Memorial Highway".

Sec. 17. (Effective from passage) Bridge number 05994 on southbound Interstate 91 in Hartford shall be designated the "Officers' Club of Connecticut Memorial Bridge".

Sec. 18. (Effective from passage) Bridge number 05307 on eastbound Interstate 84 in Danbury shall be designated the "Association of the United States Army Memorial Bridge".

Sec. 19. (Effective from passage) The segment of Route 174 from the New Britain border to Maple Hill Avenue in Newington shall be designated the "Master Police Officer Peter Lavery Memorial Highway".

Sec. 20. (Effective from passage) The segment of Route 44 from the intersection of Simsbury Road to Route 167 shall be designated the "Avon Veterans' Memorial Highway".

Sec. 21. (Effective from passage) The "In Honor of the United States Army's First Infantry Division Bridge" shall be re-designated the "United States Army's First Infantry Division Bridge".

Sec. 22. (Effective from passage) The Route 140 bridge in Warehouse Point shall be designated the "World War I Bridge".

Sec. 23. (Effective from passage) The Route 136 bridge over the Saugatuck River in Westport shall be designated the "William F. Cribari Memorial Bridge".

Sec. 24. (Effective from passage) The segment of road from Memorial Field to the intersection of Route 37 to Overbrook Road in New Fairfield shall be designated "Veteran's Way".

Sec. 25. (Effective from passage) The segment of Route 39 from Route 37 north to Spring Lake Road in Sherman shall be designated "Veteran's Way".

Sec. 26. (Effective from passage) The segment of road from the intersection of School Street and Route 341 to Route 7 in Kent shall be designated "Veteran's Way".

Sec. 27. (Effective from passage) A segment of the Connecticut Turnpike shall be designated "AMVETS Post 1".

Sec. 28. (Effective from passage) Route 116 in Ridgefield shall be designated the "Elizabeth M. Leonard Memorial Highway".

Sec. 29. (Effective from passage) Route 35 in Ridgefield shall be designated the "Richard E. Venus Memorial Highway".

Sec. 30. (Effective from passage) The segment of Route 85 in Salem from Route 82 to the Colchester town line shall be designated the "Officer H. David Cordell Memorial Highway".

Sec. 31. (Effective from passage) The segment of Route 4 eastbound from Brickyard Road to Route 10 in Farmington shall be designated the "Lieutenant Colonel Warren Lane Memorial Highway".

Sec. 32. (Effective from passage) The segment of Route 5 from Route 150 to the Meriden border in Wallingford shall be designated the "VFW CT Ladies Auxiliary Highway".

Sec. 33. (Effective from passage) The Route 20 Bridge over the Salmon Brook at the intersection of Route 20 and Canal Road shall be designated the "Vincent R. T. Arduini Memorial Bridge".

Sec. 34. (Effective from passage) The Department of Transportation shall erect a sign in Oakdale designating the location of The Dinosaur Place at Nature's Art.

Sec. 35. (Effective from passage) The Department of Transportation shall erect a sign on the Metro North overpass in Milford designating the location of the Milford Fine Arts Council.

Sec. 36. (Effective from passage) The Department of Transportation shall erect a sign on Route 8 northbound in Watertown designating the location of the Watertown Business Park.

Sec. 37. (Effective from passage) The Department of Transportation shall erect a sign on both the northbound and southbound sides of Interstate 95 at Exit 74 designating the location of the Niantic Bay Boardwalk.

Sec. 38. (NEW) (Effective July 1, 2007) (a) The Commissioner of Transportation, with the advice and consent of the Secretary of the Office of Policy and Management and the State Properties Review Board, may sell, lease and convey, in the name of the state, or otherwise dispose of, or enter into agreements concerning, any land and buildings owned by the state and obtained for or in connection with the Route 6 Expressway, which real property is not necessary for such purposes. The commissioner shall notify the state representative and the state senator representing the municipality in which said property is located not later than one year after the date a determination is made that the property is not necessary for highway purposes and that the department intends to dispose of the property.

(b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale. Except as provided in subsection (c) of this section, transfers to other state agencies and municipalities for purposes specified by the department shall be exempt from the appraisal requirement. The department shall obtain a second appraisal if such property is valued over one hundred thousand dollars and is not to be sold through public bid or auction. If a second appraisal is obtained, the sale price shall be the average of the two appraisals. Any appraisals or value reports shall be obtained prior to the determination of a sale price of the excess property.

(c) Notwithstanding the provisions of sections 3-14b and 4b-21 of the general statutes, no property, whether or not a structure is situated upon it at the time it is obtained by the department for highway purposes, may be sold or transferred pursuant to this section not later than twenty-five years after the date of its acquisition without the department first offering the owner or owners of the property at the time of its acquisition a right of first refusal to purchase the property at the amount of its appraised value as determined in accordance with the provisions of subsection (b) of this section, except for property offered for sale to municipalities prior to the effective date of this section. Notice of such offer shall be sent to each such owner by registered or certified mail, return receipt requested, not later than one year after the date a determination is made that such property is not necessary for highway purposes. Any such offer shall be terminated by the department if it has not received written notice of the owner's acceptance of the offer not later than ninety days after the date it was mailed. Whenever the offer is not so accepted, the department shall offer parcels which meet local zoning requirements for residential or commercial use to other state agencies and shall offer parcels which do not meet local zoning requirements for residential or commercial use to all abutting landowners in accordance with department regulations. If the sale or transfer of the property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the commissioner may sell or transfer the property to that abutter without public bid or auction. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, establishing procedures for the disposition of excess property pursuant to the provisions of this subsection in the event such property is owned by more than one person.

(d) Where the department has in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under subsection (c) of this section and mailed notice to the last-known address of record of those ascertained, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this section.

Sec. 39. (Effective October 1, 2007) The Commissioner of Transportation shall install crossing gates and electric signals at the Route 203 crossing and the Manning Bridge Road crossing in Windham.

Sec. 40. Section 13b-343 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

The Commissioner of Transportation, when requested in writing by the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough to order gates, a flagman or electric signals or other signal device to be installed and maintained at any railroad crossing where a railroad crosses a public highway at grade within such town, city or borough, shall hold a hearing thereon or may, of his own motion, hold such hearing, first giving the town, city or borough wherein the crossing is located, and the company operating the railroad, reasonable notice thereof. If the commissioner upon such hearing finds that public safety requires it, the commissioner shall order such company to install and maintain, at such crossing, gates, a flagman or such electric signals or other signal device as may be approved by the commissioner, or to do any other act deemed necessary for the protection of the public. The commissioner may rescind, alter or amend any such order, whenever the commissioner deems it necessary, upon first giving the municipality wherein the crossing is located and the railroad company an opportunity to be heard thereon. If any such company fails to comply with any order of the commissioner made pursuant to this section, it shall forfeit to the state fifty dollars for each day of such failure. The commissioner shall notify state and municipal officials of the reactivation of any railroad line within such official's political jurisdiction twelve months before such reactivation. The commissioner shall hold a public hearing on the safety of the crossing twelve months before the reactivation of such railroad line, and shall incorporate any safety recommendations received from state and municipal officials regarding such railroad crossing.

Sec. 41. Sections 4 and 31 of public act 05-279 are repealed. (Effective from passage)

Sec. 42. Section 6 of special act 99-17 is repealed. (Effective from passage)

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

13a-80(c)

Sec. 2

from passage

15-11a(b)

Sec. 3

from passage

15-11a(f)

Sec. 4

from passage

15-13c(e)

Sec. 5

from passage

15-13c(g)

Sec. 6

July 1, 2007

14-260n

Sec. 7

October 1, 2007

New section

Sec. 8

from passage

13b-4d(a)

Sec. 9

July 1, 2007

New section

Sec. 10

from passage

New section

Sec. 11

from passage

New section

Sec. 12

from passage

New section

Sec. 13

from passage

New section

Sec. 14

from passage

New section

Sec. 15

from passage

New section

Sec. 16

from passage

New section

Sec. 17

from passage

New section

Sec. 18

from passage

New section

Sec. 19

from passage

New section

Sec. 20

from passage

New section

Sec. 21

from passage

New section

Sec. 22

from passage

New section

Sec. 23

from passage

New section

Sec. 24

from passage

New section

Sec. 25

from passage

New section

Sec. 26

from passage

New section

Sec. 27

from passage

New section

Sec. 28

from passage

New section

Sec. 29

from passage

New section

Sec. 30

from passage

New section

Sec. 31

from passage

New section

Sec. 32

from passage

New section

Sec. 33

from passage

New section

Sec. 34

from passage

New section

Sec. 35

from passage

New section

Sec. 36

from passage

New section

Sec. 37

from passage

New section

Sec. 38

July 1, 2007

New section

Sec. 39

October 1, 2007

New section

Sec. 40

October 1, 2007

13b-343

Sec. 41

from passage

Repealer section

Sec. 42

from passage

Repealer section

TRA

Joint Favorable Subst.

 

GAE

Joint Favorable

 

APP

Joint Favorable