Connecticut Seal

General Assembly

 

Substitute Bill No. 6465

    January Session, 2009

*_____HB06465PD____032309____*

AN ACT CONCERNING SMART GROWTH AND TRANSPORTATION PLANNING.

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

Section 1. Section 13b-57g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(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 multimodal 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) managing demand for transportation assets, including using employer and employee-based initiatives as an integral part of the strategy; (8) the integration of brownfields remediation and affordable housing and access to employment that should occur as a result of implementing the strategy; (9) the need to engage local planning agencies and other relevant constituencies in developing the strategy; (10) 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 multimodal and integrated; (11) the benefits of technology to expand capacity, enhance safety, provide information and access funding alternatives; (12) the need to reduce congestion by encouraging greenway initiatives, safe-routes-to-school programs and rideshare programs; (13) 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; (14) 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 and the degree of success in meeting these needs; (15) 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; (16) 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; (17) the development, renovation and expansion of Bradley International Airport; (18) the state conservation and development plan, established pursuant to section 16a-24; and (19) 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. In developing the strategy and the revisions pertaining to roads, the board shall establish as its priority for improving transportation on public highways the use of public transportation and other traffic mitigation methods not involving the improvement or expansion of public highways. The board shall propose improving public highway transportation by the improvement or expansion of public highways only after it has determined that no means of public transportation or other traffic mitigation method exists that will accomplish such improvement. The board shall include an explanation and documentation of such determination with any proposed improvement or expansion of any public highway.

(c) The board shall design the strategy and any revisions to it 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;

(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; and

(5) Expanded use of public transportation and other traffic mitigation methods to relieve congestion on public highways.

(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 intermodal links and usage wherever possible, and managing the transportation systems from a multimodal 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 and any revisions to it 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 and any revisions to it 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 and any revisions to it (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 13b-57f, and may incorporate all or parts of such plans in the strategy and any revisions to it.

(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 and any revisions to it, any existing long-range transportation plan, survey or report developed by any public or private agency or person.

(j) Not later than January 1, 2007, and quadrennially thereafter, the board shall review and, if necessary, revise the strategy adopted pursuant to subsection (a) of this section. A report describing any revisions and the reasons for them shall be submitted to the Governor and, pursuant to section 11-4a, the General Assembly. Such report shall include a prioritized list of projects which the board, in consultation with the commissioner, determines are necessary to implement the recommended strategy, including the estimated capital and operating costs and time frame of such projects, and completion schedule for all projects. Not later than January 31, 2007, and quadrennially thereafter, the joint standing committees of the General Assembly having cognizance of matters relating to transportation, finance, revenue and bonding and planning and development and the chairpersons and ranking members of the joint standing committee having cognizance of matters relating to commerce, shall meet with the Commissioners of Transportation and Economic and Community Development, the Secretary of the Office of Policy and Management, the chairperson of the Transportation Strategy Board and such other persons as they deem appropriate to consider the report required by this subsection.

(k) Copies of the strategy and revisions to the strategy shall be kept on file as a public record in the department.

(l) The board shall include in any revision after October 1, 2009, a capital plan for transportation investment that incorporates the principles of smart growth, as defined in section 1 of substitute house bill 6467 of the current session.

Sec. 2. (NEW) (Effective October 1, 2009) The Transportation Strategy Board shall submit to the State Bond Commission, prior to the allocation of any bond funds for any transportation capital project, an advisory statement commenting on the extent to which such project incorporates the principles of smart growth, as defined in section 1 of substitute house bill 6467 of the current session. The commission shall consider the advisory statement in the allocation of bond funds for such project.

Sec. 3. Subsection (g) of section 3-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(g) (1) With the exception of refunding bonds, whenever a bond act empowers the State Bond Commission to authorize bonds for any project or purpose or projects or purposes, and whenever the State Bond Commission finds that the authorization of such bonds will be in the best interests of the state, it shall authorize such bonds by resolution adopted by the approving vote of at least a majority of said commission. No such resolution shall be so adopted by the State Bond Commission unless it finds that there has been filed with it (A) any human services facility colocation statement to be filed with the Secretary of the Office of Policy and Management, if so requested by the secretary, pursuant to section 4b-23; (B) a statement from the Commissioner of Agriculture pursuant to section 22-6, for projects which would convert twenty-five or more acres of prime farmland to a nonagricultural use; (C) prior to the meeting at which such resolution is to be considered, any capital development impact statement required to be filed with the Secretary of the Office of Policy and Management; (D) a statement as to the full cost of the project or purpose when completed and the estimated operating cost for any structure, equipment or facility to be constructed or acquired; [and] (E) a statement from the Transportation Strategy Board for any transportation capital project on the extent to which such project incorporates the principles of smart growth, as defined in section 1 of substitute house bill 6467 of the current session; and (F) such requests and such other documents as it or said bond act requires, provided no resolution with respect to any school building project financed pursuant to section 10-287d or any interest subsidy financed pursuant to section 10-292k shall require the filing of any statements pursuant to subparagraph (A), (B), (C), (D), [or] (E) or (F) of this subdivision and provided further any resolution requiring a capital impact statement shall be deemed not properly before the State Bond Commission until such capital development impact statement is filed. Any such resolution so adopted by the State Bond Commission shall recite the bond act under which said commission is empowered to authorize such bonds and the filing of all requests and other documents, if any, required by it or such bond act, and shall state the principal amount of the bonds authorized and a description of the purpose or project for which such bonds are authorized. Such description shall be sufficient if made merely by reference to a numbered subsection, subdivision or other applicable section of such bond act.

(2) The agenda of each meeting shall be made available to the members of the commission not later than five business days prior to the meeting at which such agenda is to be considered. The day of the meeting shall count as one of the business days. The agenda of each meeting, or any supporting documents included with such agenda, shall include a reference to the statute or public or special act which is the source of any funds to be used for any project on such agenda, including any contingency funds and any reuse or reallocation of funds previously approved for any other use or project, and a notation of the outside source from which any funds for any such project were received, if any.

(3) Upon adoption of a resolution, the principal amount of the bonds authorized therein for such purpose or project shall be deemed to be an appropriation and allocation of such amount for such purpose or project, respectively, and subject to approval by the Governor of allotment thereof and to any authorization for such project or purpose that may otherwise be required, contracts may be awarded and obligations incurred with respect to any such project or purpose in amounts not in the aggregate exceeding such authorized principal amount, notwithstanding that such contracts and obligations may at a particular time exceed the amount of the proceeds from the sale of such bonds theretofore received by the state. In any such resolution so adopted, the State Bond Commission may include provision for the date or dates of such bonds, the maturity of such bonds and, notwithstanding the provisions of any bond act taking effect prior to July 1, 1973, provision for either serial or term, sinking fund or other reserve fund requirements, if any, due dates of the interest thereon, the form of such bonds, the denominations and designation of such bonds, registration, conversion and transfer privileges and the terms of redemption with or without premium and the date and manner of sale of such bonds, provisions for the consolidation of such bonds with other bonds including refunding bonds for the purpose of sale as provided in subsection (h) of this section, limitations with respect to the interest rate or rates on such bonds, provisions for receipt and deposit or investment of the good faith deposit pending delivery of such bonds and such other terms and conditions of such bonds and of the issuance and sale thereof as the State Bond Commission may determine to be in the best interest of the state, provided the State Bond Commission may delegate to the Treasurer all or any part of the foregoing powers in which event the Treasurer shall exercise such powers until the State Bond Commission, by adoption of a resolution prior to exercise of such powers by the Treasurer shall elect to reassume the same. Such powers shall be exercised from time to time in such manner as the Treasurer shall determine to be in the best interests of the state and the Treasurer shall file a certificate of determination setting forth the details thereof with the secretary of the State Bond Commission on or before the date of delivery of such bonds, the details of which were determined by the Treasurer in accordance with such delegation.

(4) The State Bond Commission may authorize the Commissioner of Economic and Community Development to defer payments of interest or principal, or a portion thereof, in the case of a troubled loan, as defined in subdivision (1) of subsection (e) of section 8-37x, made by the commissioner under any provision of the general statutes.

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

Section 1

October 1, 2009

13b-57g

Sec. 2

October 1, 2009

New section

Sec. 3

October 1, 2009

3-20(g)

PD

Joint Favorable Subst.