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