Connecticut Seal

General Assembly

 

Substitute Bill No. 5746

    February Session, 2008

*_____HB05746TRA___031008____*

AN ACT CONCERNING THE DEPARTMENT OF TRANSPORTATION.

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

Section 1. Section 13a-126 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section, "public service facility" includes all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage and any other similar commodities, including fire and police signal systems and street lighting systems which directly or indirectly serve the public.

(b) Whenever the commissioner determines that any public service facility located within, on, along, over or under any land comprising the right-of-way of a state highway or any other public highway when necessitated by the construction or reconstruction of a state highway shall be readjusted or relocated in or removed from such right-of-way, the commissioner shall issue an appropriate order to the company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall, upon receipt of such order, readjust, relocate or remove the same promptly in accordance with such order. [; provided an equitable]

(c) (1) A share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a public service facility of equal capacity in a new location, shall be borne by the state. [, except that the state shall not bear any share of the cost of a project of an electric distribution company, as defined in section 16-1, to readjust, relocate or remove any facility, as defined in subsection (a) of section 16-50i, used for transmitting electricity or as an electric transmission trunkline. The Department of Transportation shall evaluate the total costs of such a project, including department costs for construction or reconstruction and electric distribution company costs for readjusting, relocating or removing such facility, so as to minimize the overall costs incurred by the state and the electric distribution company. The electric distribution company may provide the department with proposed alternatives to the relocation, readjustment or removal proposed by the department and shall be responsible for any changes to project costs attributable to adoption of the company's proposed alternative designs for such project, including changes to the area of the relocation, readjustment or removal and any incremental costs incurred by the department to evaluate such alternatives. If such electric distribution company and the department cannot agree on a plan for such project, the Commissioner of Transportation and the chairperson of the Department of Public Utility Control shall, on request of the company, jointly determine the alternative for the project.]

(2) Such [equitable] share, in the case of or in connection with the construction or reconstruction of any limited access highway, or for a public service facility owned by a municipality, town, city, borough, any municipal corporation or department thereof, whether or not separately incorporated, shall be the entire cost, less the deductions provided in this section, and, in the case of or in connection with the construction or reconstruction of any other state highway, shall be [such portion or all of the entire cost, less the deductions provided in this section, as may be fair and just under all the circumstances, but shall not be less than] fifty per cent of such cost, [after] less the deductions provided in this section. In establishing the [equitable] share of the cost to be borne by the state, there shall be deducted from the cost of the readjusted, relocated or removed facilities a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and the unexpired term of such life use.

(3) When any facility is removed from the right-of-way of a public highway to a private right-of-way, the state shall not pay for such private right-of-way, provided, when a municipally-owned facility is thus removed from a municipally-owned highway, the state shall pay for the private right-of-way needed by the municipality for such relocation.

(4) Notwithstanding any provision of this section, the state shall not bear any share of the cost of a project to readjust, relocate or remove any facility, as defined in subsection (a) of section 16-50i, used for transmitting electricity or as an electric trunkline. The Department of Transportation shall evaluate the total costs of such a project, including department costs for construction or reconstruction and electric distribution company costs for readjusting, relocating or removing such facility, so as to minimize the overall costs incurred by the state and the electric distribution company. The electric distribution company may provide the department with proposed alternatives to the relocation, readjustment or removal proposed by the department and shall be responsible for any changes to project costs attributable to adoption of the company's proposed alternative designs for such project, including changes to the area of the relocation, readjustment or removal, and any incremental costs incurred by the department to evaluate such alternatives. If such electric distribution company and the department cannot agree on a plan for such project, the Commissioner of Transportation and the chairperson of the Public Utilities Control Authority shall, upon the request of the company, jointly determine the alternative for the project.

(5) If the commissioner and the company, corporation or municipality owning or operating such facility cannot agree upon the share of the cost to be borne by the state, either may apply to the superior court for the judicial district within which such highway is situated, or, if said court is not in session, to any judge thereof, for a determination of the cost to be borne by the state, and said court or such judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a state referee to make such determination. Such referee, having given at least ten days' notice to the parties interested of the time and place of the hearing, shall hear both parties, shall view such highway, shall take such testimony as such referee deems material and shall thereupon determine the amount of the cost to be borne by the state and immediately report to the court. If the report is accepted by the court, such determination shall, subject to right of appeal as in civil actions, be conclusive upon both parties.

Sec. 2. Section 14-212a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-213, 14-213b, 14-214, 14-215 of the 2008 supplement to the general statutes, 14-216, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-222a of the 2008 supplement to the general statutes, 14-223, 14-224, 14-225, 14-227a, 14-230, 14-230a, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-238a, 14-239, 14-240, 14-240a, 14-241, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-247a, 14-248a, 14-249, 14-250, 14-250a, 14-257, 14-261, 14-266, 14-271, 14-273, 14-279, 14-281a, subsection (e) or (g) of section 14-283, section 14-289a of the 2008 supplement to the general statutes or 14-289b for any such violation committed while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Department of Transportation, [or] while utility work is ongoing within a utility work zone designated in a conspicuous manner by a public service company, as defined in section 16-1 of the 2008 supplement to the general statutes, [or] by a water company, as defined in section 25-32a, or while activities are ongoing in a traffic incident management zone.

(b) (1) The Department of Transportation shall post a sign at the beginning of a highway construction zone which shall read as follows: "ROAD WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END ROAD WORK".

(2) A public service company or water company shall post a sign at the beginning of a utility work zone which shall read as follows: "UTILITY WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END UTILITY WORK".

(3) As used in this section, "traffic incident management zone" refers to an area of a highway where temporary traffic controls or measures are installed under the authority of the Commissioner of Transportation, Commissioner of Public Safety, or local "traffic authority", as defined in section 14-297, in response to a motor vehicle incident, natural disaster, hazardous material spill or other unplanned incident. The traffic incident management zone shall be delineated by the use of one or more temporary traffic control devices or measures such as signs, cones, flares or visible flashing or revolving lights which meet the requirements of sections 14-96p and 14-96q.

(c) The state or any agency or employee of the state shall not be civilly liable for any injuries or damages to any person or property which may result, either directly or indirectly, from failure on the part of the Department of Transportation to post any sign required under subsection (b) of this section.

Sec. 3. Section 13b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner may, on behalf of the state, acquire, own, construct, maintain or operate, upon, at or near the seaboard or any navigable waterway, land, or any harbor, wharf, dock, pier, quay, canal, slip or basin, or any appropriate harbor facility, shed, warehouse of any kind, vault, railroad track, yard, terminal or equipment, or such other facility related to the transportation of goods or people by water as he deems necessary to the fulfillment of the purposes of this chapter. The commissioner, [may make any such facility available for use by] with the approval of the State Properties Review Board, the Office of Policy and Management and the Attorney General, may lease or grant any interest at the State Pier in New London or any navigation property owned or under the control of the Department of Transportation to any person and in any manner, as he deems appropriate, [in order to promote the efficient interchange of traffic between modes of transportation by water, and modes of transportation other than by water, including but not limited to transportation by rail, air and land] except that after initiating such approval, the commissioner may temporarily lease any such interest. A temporary lease shall be effective only until a final decision is made by the State Properties Review Board and the Attorney General. Leases of land of the state shall be for periods determined by the commissioner with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner may confer the privilege of concessions of supplying, upon such facilities, goods, commodities, service and facilities.

Sec. 4. Section 13b-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Each town, city or borough shall place, inspect and maintain warning signs and pavement markings consisting of stop lines and advance warning markings on each highway approaching a crossing at grade of such highway and the tracks of any railroad within the respective limits of such town, city or borough. Such signs shall be furnished by the railroad company crossing such highway. Such signs and pavement markings shall conform with the Federal Highway Administration's Manual on Uniform Traffic Control Devices and shall be placed in a manner that conforms with said manual. If in the case of any such crossing it appears that the placing of the signs prescribed by this section is impracticable or unnecessary, the Commissioner of Transportation may release such municipality from the obligation of placing and maintaining such signs on the highway near such crossing. The [railroad company operating over such crossing, or the private party or corporation owning a railroad right-of-way,] Department of Transportation shall annually notify in writing the appropriate town, city [,] or borough [or, in the case of a state highway, the Commissioner of Transportation] of the location of all railroad crossings within the respective limits of such town, city or borough and the obligations of such town, city or borough under the provisions of this subsection. [The commissioner shall provide each such railroad company, private party or corporation with a list of the towns, cities and boroughs to be notified in accordance with this subsection. Such list shall include the name and address of the official to whom such notification shall be delivered.]

(b) Each town, city or borough, upon receipt of a report of a malfunctioning grade crossing gate or signal shall dispatch local police or firemen to the crossing who shall, upon consultation with the railroad company crossing such highway, either direct traffic across the crossing or to an alternate route until such time as the railroad company crossing such highway repairs the gate or signal or assumes responsibility for directing traffic.

Sec. 5. Section 4b-15b of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Prior to acceptance of all or part of any building under a lease, lease renewal or purchase, where such premises are to be occupied by state employees or others, each state department shall provide for an inspection of the premises and shall develop a protocol for periodic assessment and remediation of indoor air quality issues in such facility. Such protocol shall include the best practices for commercial office space and shall include all applicable provisions of the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program.

(b) Each lease agreement entered into on and after July 1, 2007, by any state department to lease all or part of any building to be occupied by state employees or others shall contain a provision requiring the lessor to make all necessary efforts during the term of the lease agreement to maintain the structure and mechanical systems of the building as necessary to sustain the indoor air quality in the building to the levels in existence at the time the premises were accepted and to carry out the indoor air quality protocol established under subsection (a) of this section.

(c) The provisions of this section shall not apply to any building leased or owned by the Department of Transportation that the department does not use for office space.

Sec. 6. Subsection (c) of section 13b-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) No certificate shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof, and after investigation, finds that the purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in subsection (a) of this section and approves the same. The application shall be accompanied by a fee of eighty-eight dollars. The department may amend or, for sufficient cause shown, may suspend or revoke any such certificate. The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation who violates any provision of this chapter or any regulation adopted under section 13b-96 with respect to fares, service, operation or equipment, in an amount not to exceed [one hundred] one thousand dollars per day for each violation. Any such certificate issued by the department shall remain valid unless suspended or revoked by the department. Any such certificate issued by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, or by any transit district prior to March 1, 1997, shall remain valid unless suspended or revoked by the Department of Transportation.

Sec. 7. (NEW) (Effective October 1, 2008) The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, regulating or prohibiting road construction activities during rush hour. The purpose of such regulations shall be to increase public safety, avoid traffic delays, decrease road congestion, reduce pollution and reduce fuel consumption by motorists during rush hour.

Sec. 8. Section 14-262a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

Licensed repair tow trucks may, without regard to the limitations of length or width contained in section 14-262, or the limitations of weight contained in section 14-267a, tow disabled trucks and trailers from highways to the nearest garage where such disabled vehicle can be properly repaired, but not more than [twenty-five] fifty miles, without incurring a penalty. Violation of any provision of this section shall be an infraction.

Sec. 9. Subsection (c) of section 14-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(c) Any permit issued under this section [or a legible copy or facsimile shall be retained in the possession of the operator of the vehicle or combination of vehicles or vehicle and trailer for which such permit was issued, except that a telegraphic confirmation of] may be electronically issued and the existence of such permit or the use of the special number plates described in section 14-24 and any regulations adopted thereunder shall be sufficient to fulfill the requirements of this section.

Sec. 10. (Effective October 1, 2008) Section 31-56 of the general statutes is repealed.

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

Section 1

from passage

13a-126

Sec. 2

October 1, 2008

14-212a

Sec. 3

from passage

13b-53

Sec. 4

October 1, 2008

13b-344

Sec. 5

October 1, 2008

4b-15b

Sec. 6

October 1, 2008

13b-97(c)

Sec. 7

October 1, 2008

New section

Sec. 8

October 1, 2008

14-262a

Sec. 9

July 1, 2008

14-270(c)

Sec. 10

October 1, 2008

Repealer section

Statement of Legislative Commissioners:

In section 1(c)(4) the reference to "Department of Public Utility Control" was changed to "Public Utilities Control Authority" for accuracy, and in section 2(b)(3) "will" was changed to "shall" for accuracy.

TRA

Joint Favorable Subst.