Substitute House Bill No. 5204

Public Act No. 00-148

An Act Revising Certain Transportation Laws.

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

Section 1. Section 7-136d of the general statutes is repealed and the following is substituted in lieu thereof:

The legislative body of any municipality, may, by ordinance, authorize any existing agency, authority, board, commission, stock or nonstock corporation, or create a new agency, authority, board or stock or nonstock corporation to apply for a grant of the privilege of establishing, operating and maintaining a foreign trade zone as permitted pursuant to the federal Foreign-Trade Zones Act of 1934, [as amended,] 19 USC Sections 81a to 81u, inclusive, as from time to time amended, provided such ordinance shall be submitted to the electors of such municipality for approval or rejection at a regular election or a special election warned and held for that purpose. Such vote shall be taken in the manner prescribed by section 9-369. Any municipality having once rejected such an ordinance shall not vote again on the question within one year from the previous vote thereon.

Sec. 2. Section 7-329c of the general statutes is amended by adding subdivision (17) as follows:

(NEW) (17) Apply for a grant of the privilege of establishing, operating and maintaining a foreign trade zone as permitted pursuant to the federal Foreign-Trade Zone Act of 1934, 19 USC Sections 81a to 81u, inclusive, as from time to time amended.

Sec. 3. Section 7-329d of the general statutes is repealed and the following is substituted in lieu thereof:

Each port authority may make and enforce any reasonable regulations [which] that it may determine to be necessary for the proper development, maintenance and use of the port facilities, relating to the construction, equipment, repair, maintenance, use and rental of any dock, wharf, slip, bus or air terminal, rail tracks or terminal or warehouse or other port authority owned or leased by any individual or corporation within the port [district] facility and may operate and maintain a foreign trade zone, as permitted pursuant to the federal Foreign-Trade Zone Act of 1934, 19 USC Sections 81a to 81u, inclusive, as from time to time amended.

Sec. 4. Subsection (a) of section 13a-80g of the general statutes, as amended by section 37 of public act 99-181, is repealed and the following is substituted in lieu thereof:

(a) Any municipality may sell, lease or otherwise transfer easements or other interests in, above or below any street, highway or other public right-of-way to the centerline thereof, other than the right-of-way of a state highway as defined in section 13a-1, in the same manner that it may dispose of any other interest in real property owned by such municipality; provided that adequate provision is made for the safe and convenient public use of the street, highway or other public right-of-way and for the protection of adjacent land users and that the transferee of said interest restores the street, highway [,] or right-of-way to its condition existing prior to the transfer of said interest and provided further that any sale, lease [,] or transfer of easements or other interests above any street, highway [,] or other public right-of-way is made with the consent of the owner of the real property abutting the portion of the street, highway [,] or other public right-of-way above which such easement or other interest is sold, leased or transferred. The sale, lease or transfer of easements or other interests in, above or below the portion of a street, highway or other public right-of-way lying to one side of the centerline thereof, shall not prevent the sale, lease or transfer of easements or other interests in, above or below the portion lying on the other side of such centerline, unless the terms of the initial sale, lease or transfer so provide.

Sec. 5. Section 13a-98m of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 13a-98e, 13a-98f and 13a-98i, as amended by section 1 of public act 99-181, to 13a-98k, inclusive, "federal surface transportation urban program roadway or facility" means any state or locally maintained roadway or facility [which] that is deemed eligible for surface transportation urban program funding in accordance with the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, all amendments [thereto] to said act and all applicable federal regulations.

Sec. 6. Section 13b-15 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner shall develop and revise biennially a comprehensive, long-range, master transportation plan designed to fulfill the present and future needs of the state and to assure the development and maintenance of an adequate, safe and efficient transportation system. In developing the plan, the commissioner shall investigate and study all existing transportation facilities and services in the state and shall examine the feasibility of planning a long-term commercial transportation system, with the goal of coordinating all transportation services, including airports, seaports, rail, freight and transit systems. The commissioner shall give particular consideration to reports and studies prepared under the auspices of the Connecticut interregional planning program relating to the planning and development of the state and any existing reports, surveys, plans or studies relating to transportation prepared for or by any agency of the state.

(b) In such plan the commissioner shall: (1) Set forth [his] the commissioner's recommendations for planning, engineering, acquisition of rights-of-way, construction and reconstruction and rehabilitation and modernization of transportation facilities; (2) consider, among other things, federal air quality standards, conservation and cost of energy supplies, present and projected travel volumes, reduction in travel volumes due to the implementation of transportation management programs, safety, maintenance costs and other sufficiency factors where appropriate, as well as long-range land use, environmental impact, energy impact and economic development patterns of the state; (3) indicate the order of priority of need for improvements within each mode of transportation, according to [his] the commissioner's judgment; and (4) indicate the priorities for the next two and five-year periods, both by need and by fiscal capability, in the area of public transportation. The indication of such priorities for public transportation shall include an individual accounting of the amount and source of all funding for each potential program and an approximate timetable, including the starting and completion dates for each potential program.

(c) The commissioner shall, relative to the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century: (1) Identify the funds to be received annually in the following categories: [; interstate] Interstate construction, interstate maintenance, national highway system, bridge, surface transportation program, interstate transfer, congestion mitigation and air quality, metropolitan planning, special projects and any other category designation under the act; (2) identify the projects to be funded annually through each funding category; (3) identify the projects to be funded annually through each category, as a result of the change in formulas and new flexibility allowed under the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century; (4) identify which projects [shall] will require the expenditure of state funds to leverage federal funds; (5) identify the amount and percentage of state funds [which] that must be expended for each project in order to leverage federal funds; (6) identify the amount of federal funds [which] that may be expended annually to repair local bridges identified as being in poor condition; (7) identify the economic impact of the federal funds allocated to the state in terms of job creation or retention; (8) identify the mass transit projects to be funded; (9) identify the manner in which the department intends to comply with the requirements of the Clean Air Act, as amended by P.L. 101-549, and how the department intends to expend any funds allocated to the department to achieve the goals of the act; and (10) identify with specificity the expenditures to be made from funds received in the congestion mitigation and air quality grant in relation to the needs identified by employers in their compliance plans submitted pursuant to substitute house bill 5659 of the February, 1992, regular session*.

(d) In such plan the commissioner shall identify the amount of funds and projects to be undertaken pursuant to the Americans with Disabilities Act of 1990.

(e) The plan shall be completed and submitted biennially to the Governor on or before January thirty-first of each odd-numbered year. The commissioner shall, biennially, on or before January thirty-first of each odd-numbered year, notify all members of the General Assembly of the availability of the plan. [A member requesting a plan shall be sent] The commissioner shall send a written copy or electronic storage media of the plan [by the commissioner] to any member requesting the plan.

(f) In developing and revising the plan, the commissioner 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 [thereof] of the state, or from any public authority, such assistance and data as may be necessary to enable the commissioner to carry out [his] the commissioner's responsibilities under this section; (4) to the extent [he] the commissioner may deem appropriate, make use of, and incorporate in the plan, any existing long-range transportation plan, survey or report developed by any public or private agency or person; and (5) employ consultants.

(g) Copies of the plan, as revised, shall be kept on file as a public record in the office of the commissioner.

Sec. 7. Subsection (a) of section 13b-16 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) On or before September first annually, the commissioner shall conduct and complete an investigation and study of the several modes of transportation in the state, in which [he] the commissioner shall evaluate the adequacy of the facilities and services connected with each such mode [,] and shall determine the needs of the state transportation system. The commissioner shall consult with the Connecticut Public Transportation Commission which shall advise the commissioner in matters pertaining to rail and motor carrier facilities and services. The studies shall be used in the [annual] biennial revision of the comprehensive long-range master transportation plan.

Sec. 8. Section 13b-79c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Transportation shall give due consideration to the recommendations of the state-wide transit study in its implementation of the flexibility provisions of the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century.

(b) On and after October 1, 1992, the Department of Transportation shall pursue a reasonable funding level or goal of projects to be financed through the issuance of special transportation bonds for mass transit projects to be funded by the state and under the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century. As of July 1, 1996, a thirty per cent funding level or goal shall be deemed reasonable, provided if a reasonable effort is made to reach such goal or funding level, the department shall be in compliance with this subsection.

Sec. 9. Section 13b-103 of the general statutes, as amended by sections 3 and 5 of public act 99-181, is repealed and the following is substituted in lieu thereof:

(a) (1) No person, association, limited liability company or corporation shall operate a motor vehicle in livery service until such person, association, limited liability company or corporation has obtained a permit from the Department of Transportation, specifying the nature and extent of the service to be rendered and certifying that public convenience and necessity will be improved by the operation and conduct of such livery service. Such permits shall be issued only after a written application for the same has been made and a public hearing has been held thereon. Upon receipt of such application, together with the payment of a fee of two hundred dollars, the department shall fix a time and place of hearing thereon, within a reasonable time, and shall promptly give written notice of the pendency of such application and of the time and place of such hearing to each applicant, the mayor of each city, the warden of each borough and the first selectman of each town, within which any such applicant desires to maintain an office or headquarters, to any carrier legally operating motor vehicles in livery service within the same territory and to other interested parties as determined by the department. (2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary, the department may issue a permit for the operation of vehicles (A) having a capacity of less than eleven adults or to be used exclusively at funerals, weddings, christenings, processions or celebrations, without holding a hearing and certifying that public convenience and necessity would be improved by the operation of such vehicles, or (B) having a capacity of not less than eleven [nor] or more than fourteen adults and used for sightseeing and related purposes, without holding a hearing, provided the department issues a legal notice, as provided under section 1-2, of such application and no objection is filed with the department within thirty days of publication of such notice. (3) Notwithstanding any provision of subdivision (1) of this subsection to the contrary, the department may issue a temporary or permanent permit to any person, association, limited liability company or corporation operating a motor vehicle engaged in the transportation of passengers for hire by virtue of a contract with, or a lower tier contract for, any federal, state or municipal agency that (A) [which] is in effect on July 1, 1997, with or without hearing, after a written application for the same has been made and the department has determined that the applicant meets the requirements of subsection (b) of this section except with respect to public convenience and necessity, or (B) [which] becomes effective after July 1, 1997, with or without hearing, after a written application for the same has been made and the department has determined that the applicant meets the requirements of subsection (b) of this section. Any such permit issued under the provisions of this subdivision (i) shall be limited to service provided under any such contract, and (ii) with respect to any contract under the provisions of subparagraph (A) of this subdivision, shall not authorize a total number of motor vehicles exceeding the number required to provide service existing under such contract on July 1, 1997.

(b) In determining whether or not such a permit [shall] will be granted, the Department of Transportation shall take into consideration the present or future public convenience and necessity for the service the applicant proposes to render, the suitability of the applicant or the suitability of the management if the applicant is a limited liability company or corporation, the financial responsibility of the applicant, the ability of the applicant efficiently and properly to perform the service for which authority is requested and the fitness, willingness and ability of the applicant to conform to the provisions of this chapter and the requirements and regulations of the department [thereunder] under this chapter.

(c) Any interested party may bring a written petition to the Department of Transportation in respect to fares, service, operation or equipment, or the convenience, protection and safety of the public with regard to any carrier operating a motor vehicle in livery service. Thereupon, the department may fix a time and place for a hearing upon such petition and give notice thereof. No permit shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof and accompanied by a fee of two hundred dollars, after investigation, approves the same. The department may amend or, for sufficient cause shown, may suspend or revoke any such permit. 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-102 with respect to fares, service, operation or equipment, in an amount not to exceed one [hundred] thousand dollars per day for each violation. Prior to the imposition of a civil penalty under this subsection, the department shall provide notice to said person or officer no later than fifteen business days [of] after receipt of information concerning an alleged violation and shall provide an opportunity for a hearing.

(d) The owner or operator of each motor vehicle in livery service shall display therein such permit or a memorandum thereof.

Sec. 10. Subsection (a) of section 13b-251 of the general statutes, as amended by section 16 of public act 99-181, is repealed and the following is substituted in lieu thereof:

(a) The minimum overhead clearance for any structure crossing over railroad tracks for which construction is begun on or after October 1, 1986, shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance; [,] (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated [which] that are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches; [,] (3) the minimum overhead clearance for the structure [which] that carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156, [;] (B) U.S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05, [;] (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149, [;] (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376, [;] (E) Route 1 over railroad tracks in Milford, designated state project number 173-117, [;] (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164, [;] (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114, [;] (H) Route 100 over the railroad tracks in East Haven, bridge number 01294, [;] and (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526, shall be eighteen feet; [,] (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870, [;] (B) Crown Street, bridge number 03871, [;] and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches; [, and] (5) the minimum overhead clearance for the structure carrying State Street railroad station pedestrian bridge over railroad tracks in New Haven shall be nineteen feet, ten inches; and (6) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches.

Sec. 11. Section 13b-281 of the general statutes is repealed and the following is substituted in lieu thereof:

If the view of that portion of the tracks of any railroad, crossing a highway at grade, which adjoins such crossing, is obstructed by trees, shrubbery [,] or embankments of earth, [or structures of any kind,] the Commissioner of Transportation may, after a hearing [had] upon such notice as [he] the commissioner deems reasonable to the company or companies owning or operating such railroad or railroads and to the selectmen of the town, mayor of the city or warden of the borough wherein such crossing is situated and to the owners of the land adjoining such crossing, make such orders for or concerning the removal of any such obstruction as will afford an unobstructed view of such railroad tracks and such highway for a distance of at least one hundred and fifty feet in each direction from such crossing. For the purposes of this section, land or easements in land may be taken in the manner provided in section 13b-256 provided such orders are in accordance with current American Association of State Highway and Transportation Officials' Policy for vehicles to safely traverse a railroad crossing from a stopped position. All orders of the commissioner pursuant to the provisions of this section shall specifically set forth the limits within which land may be taken and the nature, purposes and specific limits of the easements so authorized to be taken. The [entire] expense occasioned by any order of said commissioner under the provisions of this section shall be [borne and] paid by [such railroad company] the owner of the land upon which the obstruction is located.

Sec. 12. Section 13b-344 of the general statutes is repealed and the following is substituted in lieu thereof:

(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 [as nearly as practicable to the standard road marking signs as adopted and revised by the American Association of State Highway Officials, and, wherever practicable, shall be placed in conspicuous locations beside the highway at a distance of not less than three hundred feet nor more than five hundred feet from the nearest rail of such crossing] 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 [, on petition of the municipality in which such crossing is situated,] 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, shall annually notify in writing the appropriate town, city, 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 [to] 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. 13. Section 13b-345 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Transportation shall investigate conditions surrounding all railroad crossings with public highways at grade and determine at which of such crossings public safety reasonably requires that any person traveling upon the highway shall come to a stop or proceed with caution before passing over the tracks at such crossing. The commissioner may require the railroad company at each of such crossings so determined to erect and maintain on the highway and within the limits of its right-of-way a "stop", "caution" or other sign of a type approved by the commissioner, and may require the company at any grade crossing to erect and maintain stop, caution, warning or other signs of a type approved by the commissioner, but where the tracks cross at grade on state highways, the State Traffic Commission shall prescribe the nature of traffic control devices and traffic control measures to be installed at such grade crossings. When traffic control measures are to be installed on state highways, they shall be furnished and installed by the Commissioner of Transportation.

(b) The commissioner shall require each railroad company operating trains at or above twenty-five miles per hour, at all of its crossings at grade with gates or signals, to erect and maintain, within the limits of its right-of-way, a sign advising the public to call the 911 emergency telecommunications number upon the malfunctioning of any grade crossing gates or signals. Such sign shall be of a type approved by the commissioner or the State Traffic Commission.

(c) The commissioner shall require each railroad company to maintain logs, subject to the inspection of the department, listing all reports of the malfunctioning of its grade crossing gates or signals. Each log shall contain information concerning all investigations and actions taken by the company to repair the malfunctioning gates or signals. Each company shall report to the municipality all actions taken to repair any malfunctioning gates or signals within the municipality.

(d) Each railroad company, upon receiving a report of the malfunctioning of one of its crossing gates or signals, shall immediately investigate such report and repair any malfunction. Such inspection shall not be completed from a moving train.

[(e) The provisions of this section shall not apply to a railroad company operating trains which do not exceed twenty-five miles per hour.]

Sec. 14. Section 13b-410a of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 to implement the participation by this state in the single state registration system, as established by standards adopted by the Interstate Commerce Commission or its successor agency in the Code of Federal Regulations, Title 49, Part 1023, as amended pursuant to United States Public Law [102-240] 105-178, the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century. Such regulations shall require the payment to the state, by or on behalf of interstate motor carriers regulated by the Interstate Commerce Commission or its successor agency, of annual fees for the filing of proof of insurance. Such fees shall equal the amount previously required, as of November 15, 1991, of such carriers for the purchase of identification stamps, except that the amount and the method of payment of such fees by such carriers shall not conflict with the provisions of the standards adopted by said commission.

Sec. 15. Subsection (a) of section 23-101 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established a greenways capital grant program [which] that shall be administered by the Department of Environmental Protection. Grants may be made to municipalities and other organizations for the purpose of providing matching funds to develop greenways, including, but not limited to, transportation-related greenways supported by the federal [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, as amended from time to time. The amount of any grant shall be as follows: (1) For transportation greenways projects that are part of interstate greenways, not more than twenty per cent of the project cost; and (2) for transportation greenways projects that are local spurs from interstate greenways or that are intertown greenways projects, not more than ten per cent of the project cost; and (3) for greenways that are not transportation greenways, not more than half of the capital costs of the project.

Sec. 16. Subsection (b) of section 32-6a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Commissioner of Economic and Community Development may provide grants to develop greenways from the Restoration of Historic Assets in Connecticut Fund established with the proceeds of the bonds issued pursuant to subdivision (2) of subsection (g) of section 2 of special act 77-47. Grants may be made to municipalities and other organizations to develop greenways, including, but not limited to, transportation-related greenways supported by the federal [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, as amended from time to time. The amount of any grant shall be as follows: (1) For transportation greenways projects that are part of interstate greenways, not more than twenty per cent of the project cost; (2) for transportation greenways projects that are local spurs from interstate greenways or that are intertown greenways projects, not more than ten per cent of the project cost; and (3) for greenways that are not transportation greenways, not more than half of the capital costs of the project.

Sec. 17. Subsection (c) of section 32-328 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Financial assistance may be provided to municipalities and other organizations to develop greenways, including, but not limited to, transportation-related greenways supported by the federal [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, as amended from time to time. The amount of any grant shall be as follows: (1) For transportation greenways projects that are part of interstate greenways, not more than twenty per cent of the project cost; (2) for transportation greenways projects that are local spurs from interstate greenways or that are intertown greenways projects, not more than ten per cent of the project cost; and (3) for greenways that are not transportation greenways, not more than half of the capital costs of the project.

Sec. 18. Subsection (c) of section 32-9qq of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Grants may be made under this section to municipalities and other organizations for the purpose of providing funds to develop greenways, including, but not limited to, transportation-related greenways supported by the federal [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, as amended from time to time. The amount of any grant shall be as follows: (1) For transportation greenways projects that are part of interstate greenways, not more than twenty per cent of the project cost; (2) for transportation greenways projects that are local spurs from interstate greenways or that are intertown greenways projects, not more than ten per cent of the project cost; and (3) for greenways that are not transportation greenways, not more than half of the capital costs of the project.

Sec. 19. Subsection (b) of section 51-164n of the general statutes, as amended by section 1 of public act 99-23, section 8 of public act 99-163, section 27 of public act 99-194, section 4 of public act 99-255 and section 31 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding any provision of the general statutes to the contrary, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-18, 7-35, 7-41, 7-83, 7-104, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-326g, subsection (4) of section 12-408, subsection (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-224, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b, 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a, 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a, 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b, 14-67a, subsection (f) of section 14-80h, section 14-97a, subsection (c) of section 14-100a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153, 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 specified in subsection (e) of said section, subsection (b) of section 14-227a, section 14-240, 14-249, 14-250, subsection (a), (b) or (c) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278, 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330, 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15, 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137, 17b-407, 17b-451, 17b-734, subsection (b) of section 17b-736, 19a-30, 19a-33, 19a-39, 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-108, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265, 20-324e, subsection (a) of section 20-341, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26, 21a-30, 21a-31, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63, 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 21a-201, 21a-211, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-37, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-123, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326, 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-379, 22-380, 22-391, 22-413, 22-414, 22-415, 22a-66a, 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-449, 22a-461, 23-37, 23-38, 23-46, 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-221, 26-222, 26-224a, 26-227, 26-230, 26-234, 26-267, 26-269, 26-294, 28-13, 29-6a, 29-109, 29-161a, 29-161b, 29-198, 29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a, 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b, 31-134, subsection (g) of section 31-273, section 31-288, 36a-787, 42-230, 44-3, 45a-450, 45a-634, 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, subsection (a) or (b) of section 53-211, section 53-212a, 53-249a, 53-252, 53-264, 53-301, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, shall follow the procedures set forth in this section.

Sec. 20. Subsection (b) of section 1 of public act 99-6 is repealed and the following is substituted in lieu thereof:

(b) Any reciprocity agreement, arrangement or declaration relating to livery services in effect on April 9, 1999, between this state and any jurisdiction not a party to any reciprocal agreement or plan authorized by subsection (a) of this section, or [which relates] relating to any matters not covered in such reciprocal agreement or plan, shall continue in force and effect until specifically amended or revoked as provided by law.

Sec. 21. Section 24 of public act 99-181 is repealed and the following is substituted in lieu thereof:

The Commissioner of Transportation may enter into contracts for repair, improvement and maintenance work on any limited access highway, or concerning any adopt a highway program, excluding the Merritt Parkway.

Sec. 22. Section 4 of public act 99-265 is repealed and the following is substituted in lieu thereof:

(a) Not later than January 1, 2000, [and] then not later than October 1, 2000, and annually after October 1, 2000, the Commissioner of Transportation, within available General Fund appropriations, shall [make] establish a state matching grant program, in accordance with the provisions of this section, which shall be available to any municipality upon application of such municipality. Such grants shall be expended by such municipalities for elderly and disabled demand responsive transportation programs that shall be available to persons age sixty or older.

(b) Not later than thirty days after the commissioner determines [a grant] an allocation amount, the commissioner shall notify municipalities of the availability of such amount.

(c) Municipalities shall apply to the state through a designated regional planning organization or transit district within the transportation service region, as established in section 13b-38m, for funding allocations. The regional planning organization or transit district and municipalities interested in applying for the funds allocated to municipalities within that transportation service region shall collaborate on service design to determine how to use the funding most effectively in that municipality and region. The commissioner shall have the authority to approve or disapprove the method for delivery of service.

[(c)] (d) The maximum amount [of any such grant] allocated to a municipality [shall be eligible to receive] shall be determined by the commissioner in accordance with the following formula: Fifty per cent of such funds shall be apportioned on the basis of the share of the population of persons age sixty or older in the municipality relative to the state's total population of persons age sixty or older, as defined in the most recent federal decennial census or in estimates provided in the five-year interim by the Office of Policy and Management. Fifty per cent of such funds shall be apportioned on the basis of a municipality's square mileage relative to the state's total square mileage.

[(d)] (e) Each municipality applying for such grant funds shall provide a fifty per cent match to such funds. If a municipality chooses not to apply for such funds, its portion shall revert to the General Fund.

[(e)] (f) A municipality, receiving a grant provided pursuant to this section, shall annually submit to the Commissioner of Transportation, on forms provided by said commissioner, the following data on such transportation programs: (1) The number of unduplicated riders; (2) the number of one-way trips; (3) the number of miles traveled; (4) the number of trip denials; (5) the number of hours vehicles are in use annually; (6) all federal, state, municipal and other revenues received and expenditures incurred in the provision of dial-a-ride services; and (7) any other information determined to be necessary by the commissioner.

[(f)] (g) A municipality receiving a grant pursuant to this section shall annually submit to the Commissioner of Transportation a certification that any state grant shall be in addition to current municipality levels of spending on such programs.

[(g)] (h) Any funds appropriated for the purposes of this section shall not be expended for any other purpose.

Sec. 23. Within available appropriations, the Department of Transportation, in collaboration with the Connecticut Coastline Port Authority and current Long Island ferry operators, shall conduct a study of means by which to increase waterborne transportation to and from the ports along Long Island Sound, including, but not limited to, establishing additional intrastate passenger ferry services, providing incentives for commercial roadway carriers to use ferry services and expanding the transportation by barge of commercial products. The department shall, in conducting its study, review and evaluate: (1) The cost and benefit of establishing such services or providing such incentives, and (2) whether such services and incentives are likely to result in motor vehicle traffic reduction. In conducting its study, the department shall, to the greatest extent possible, utilize information, data and resources developed by the United States Department of Transportation in its ongoing study of these issues. Not later than March 15, 2001, the department shall submit a report of its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 24. Bridge Number 6222, located on southbound Route 218 in the town of Windsor, passing over Interstate Route 91, shall be designated the "Anthony J. Shelto Bridge".

Sec. 25. Bridge Number 1745, running in the westbound direction, located on Interstate Route 84 in the town of West Hartford, passing over Berkshire Road, shall be designated the "William E. Lehmann Memorial Bridge".

Sec. 26. The segment of Route 167 located in Avon, running in a generally northerly direction, from Harris Road to the Simsbury-Avon town line shall be designated the "First Company Governor's Horse Guards Memorial Highway".

Sec. 27. The Bridge located in the town of Windham, which is currently being constructed over state project number 163164, shall be designated the "Thread City Crossing."

Sec. 28. Bridge Number 2857, located on Route 32 in New London, running in a generally southerly direction, passing over Williams Street #1, shall be designated the "Donna Millette-Fridge Memorial Bridge".

Sec. 29. Bridge Number 5864, located on Interstate Route 91 in Hartford, running in a generally northerly direction, passing over Leibert Road, shall be designated the "Paul Laffin Memorial Bridge".

Sec. 30. Bridge Number 6130A, located on Interstate Route 95, in the town of Waterford, shall be designated the "African-American War Veterans Bridge".

Sec. 31. Bridge Number 0806, located on Route 15 in the town of Wethersfield, passing over Route 175, shall be designated the "Fred H. Callahan, Jr. Memorial Bridge".

Sec. 32. Route 94, from Route 2 to the Glastonbury-Hebron town line, running in a generally eastbound direction, shall be designated the "94th Infantry Division Memorial Highway".

Sec. 33. Bridge Number 1453, located on Interstate Route 91 northbound over Middletown Avenue in the town of Wethersfield, shall be designated the "Neil Esposito Memorial Bridge."

Sec. 34. Bridge Number 0860, located on Route 17 over the Main Street Extension in the town of Middletown, shall be designated the "Max Corvo Memorial Bridge."

Sec. 35. Bridge Number 3502, located on Route 175, over SSR 405, in the town of Newington, shall be designated the "John F. Klett Memorial Bridge."

Sec. 36. A segment of Interstate Route I-91, running in a northerly direction, from the New Haven-North Haven town line to the North Haven-Wallingford town line, shall be designated the "Century Division Memorial Highway".

Sec. 37. A segment of Interstate Route I-91, in Wallingford, running in a northerly direction, from the North Haven-Wallingford town line to the Wallingford-Meriden town line, shall be designated the "All Airborne Memorial Highway".

Sec. 38. The segment of Route 159, running in a northerly direction from the Hartford-Windsor town line to the Windsor-Windsor Locks town line, shall be designated the "Kasmir Pulaski Memorial Highway".

Sec. 39. (a) Sections 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 of the general statutes are repealed.

(b) In codifying the provisions of this act, the Legislative Commissioners shall delete the references to sections 13b-247, 13b-255 to 13b-259, inclusive, 13b-266 and 13b-306 that appear in the following sections of the general statutes: 13b-205, 13b-218, 13b-219, 13b-268, 13b-270, 13b-274, 13b-281, 13b-287, 13b-288, 13b-293 and 13b-307.

Sec. 40. (NEW) (a) The towns of East Lyme, Montville, Salem and Waterford may, by ordinance consistent with the provisions of subsections (b) and (c) of this section, establish a Route 11 Greenway Authority Commission which shall be deemed established at such time as the last of the four towns has adopted such ordinance.

(b) Such ordinance shall specify the membership of the commission, which shall consist of the Commissioner of Environmental Protection, or said commissioner's designee, the Commissioner of Transportation, or said commissioner's designee, a member and alternate member from each of the towns of East Lyme, Montville, Salem and Waterford, appointed by the first selectman of each of said towns, and a member and alternate member of the Southeastern Connecticut Council of Governments appointed by said agency. Each member and alternate member shall serve for a term of two years and until such member's successor is appointed and has qualified. Such appointments may be made at a meeting of the town's legislative body, to take effect when the last of the four towns has adopted such ordinance. An alternate member shall be empowered to vote on said commission in the absence of the member for whom such person is an alternate. The initial terms of members shall commence when the last of the four towns adopting such ordinance has appointed a member and an alternate member. Any vacancy on the commission shall be filled in the same manner as the original appointment for the balance of the unexpired term. No appointed member shall receive any compensation for service on said commission. Said commission shall elect from its members a chairperson and such other officers as it deems necessary and shall establish its own rules of procedure. The commission shall be an autonomous body within the Department of Transportation for administrative purposes only. The commission may employ experts and such other assistants as it judges necessary and may accept funds from any source. Notwithstanding any other provision of the general statutes, any funds appropriated to the commission, or received by the commission from any other source, shall be held in the custody of the commission and expended by the commission for the purposes set forth in this section.

(c) Such ordinance shall also require the Commissioner of Environmental Protection and the Commissioner of Transportation, not later than sixty days after the effective date of this act, to call a meeting of said commission which shall, within ninety days thereafter:

(1) Hold public hearings for the purpose of developing standards for (A) defining the initial boundaries of the Route 11 Greenway, (B) planning the design, construction, maintenance and management of the Route 11 Greenway trail system and intermodal transportation access system, (C) identifying and prioritizing lands that should be added to the Route 11 Greenway, (D) recommending land use within the Route 11 Greenway, and (E) acquiring land and securing conservation easements for the Route 11 Greenway, except that nothing in this act shall be construed to prohibit the acquisition of land within the Route 11 Greenway by a municipality; and

(2) Establish by-laws by which the commission shall (A) conduct its meetings, including a provision specifying that no action by the commission shall be effective except by the concurring vote of at least four members, (B) protect and preserve the lands under its custody, (C) supervise staff, (D) maintain its records, and (E) report to the General Assembly, as required under subsection (d) of this section.

(d) Notwithstanding any other provision of this section or the general statutes, the commission may: (1) Acquire or convey by purchase, gift, lease, devise, exchange or otherwise, any land or interest therein including, but not limited to, conservation easements, located wholly or partly in the conservation zone, provided such acquisition does not utilize funds furnished by the state; (2) transfer, with the approval of the commissioner, any land or interest therein to the state with or without consideration, provided any funds received therefor shall not be deemed funds furnished by the state for the purposes of this section, and (3) contribute or transfer funds to, and enter into agreements with, land trusts or other conservation organizations, to carry out the purposes of this act. The commission shall report to the General Assembly, on or before February fifteenth, annually, on its activities of the preceding year and on its finances. The existence of the commission shall terminate at such time as all of its member towns have withdrawn or it is abolished by the General Assembly.

Sec. 41. This act shall take effect from its passage, except that sections 1 to 8, inclusive, section 10, sections 14 to 22, inclusive, and section 39 shall take effect October 1, 2000.

Approved May 26, 2000