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OFA Fiscal Note and OLR Bill Analysis

sHB-6649

AN ACT CONCERNING THE PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF TRANSPORTATION.

OFA SUMMARY IMPACT:

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF - See Below

See Below

See Below

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

A section-by-section fiscal impact analysis is presented in conjunction with the bill summary.

OLR SUMMARY:

This bill:

1. permits the executive director of the State Traffic Commission to certify copies of documents and records pertaining to commission operations;

2. allows the Department of Transportation (DOT) to replace a bridge in Hartford at less than the statutorily required minimum clearance over railroad tracks;

3. modifies certain requirements related to DOT solicitation of consultants;

4. makes a minor change in filing requirements for certain interstate livery operators to reflect federal requirements;

5. eliminates prohibitions on DOT selling or using in any manner that is not transportation compatible the property that has been acquired for the proposed Route 7 expressway project;

6. prohibits DOT from proceeding with any phase of the Stamford Transportation Center parking garage demolition unless it provides an equal or greater number of alternative spaces in the vicinity of the center;

7. requires the DOT and Transportation Strategy Board to make monthly reports to the Transportation Committee on matters concerning utilization of federal “stimulus” funds;

8. appropriates $ 5 million each of the next two fiscal years to implement the Tweed New Haven Airport operating agreement; and

9. requires DOT to do a feasibility study, within existing resources, on providing commuter bus service between certain commuter parking lots and the Bridgeport train station and report to the Transportation committee by February 1, 2010.

EFFECTIVE DATE: Upon passage except the provision authorizing sale of property acquired for the Route 7 expressway project and the $ 5 million appropriation to implement the Tweed New Haven Airport agreement are effective July 1, 2009.

§ 1 – State Traffic Commission—Certification of Documents

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms the statute to current practice and has no fiscal impact.

OLR Analysis

The bill authorizes the executive director of the State Traffic Commission to certify copies of any document or record pertaining to the commission's operations. Any such document or record the executive director attests as a true copy must be considered competent evidence of the facts it contains in any Connecticut court. The transportation, motor vehicles, and public safety commissioners comprise the State Traffic Commission.

EFFECTIVE DATE: Upon passage

§ 2 – Broad Street Bridge Minimum Clearance Waiver

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is enabling. It allows DOT to replace the Broad Street highway bridge over the AMTRAK railroad as part of the New Britain - Hartford Busway project. Funding for the bridge replacement will be included in the busway project.

OLR Analysis

The bill permits the DOT to replace the Broad Street bridge over the AMTRAK railroad in Hartford (Bridge #03629) with a new bridge with a minimum overhead clearance over the tracks of 19 feet, four inches, instead of a clearance of 20 feet, six inches as the law would otherwise require. The transportation commissioner must obtain a waiver from the legislature whenever he proposes to replace a bridge over a railroad line at less than the mandatory minimum clearance of 20 feet, six inches (or 22 feet, six inches over an electrified rail line) that the law requires. The current clearance of the Broad Street bridge is 19 feet, one inch.

EFFECTIVE DATE: Upon passage

§ 3 – DOT Consultant Selection Process

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF – Cost Savings

Potential

Potential

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: None

Explanation

This section could result in a potential cost savings to the Department of Transportation by eliminating hard copy publication of notices and instead publishing them on on-line professional websites as well as its own and the Department of Administrative Services' web sites.

OLR Analysis

By law, only firms that are technically prequalified by DOT in a particular year for a particular service are eligible to respond to a DOT solicitation for those particular services (CGS Sec. 13b-20e). The bill conforms another law governing notice to consultants that DOT is soliciting services to that law. It (1) requires the commissioner to notify all prequalified firms in the service category for which DOT is seeking assistance and (2) limits the current requirement that DOT publish a notice in various venues to situations where the prequalified list has fewer than five consulting firms or does not include the area of expertise DOT requires. Currently, this notice must be published in appropriate professional magazines, professional newsletters, and newspapers. The bill eliminates the requirement for posting notices in newspapers, but permits DOT to do so in on-line professional websites instead.

EFFECTIVE DATE: Upon passage

§ 4 – Registration of Operating Authority for Certain Interstate Livery Vehicles

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms state statute to federal regulations, which has no fiscal impact.

OLR Analysis

The bill conforms Connecticut's law to federal standards by requiring any entity that has a domicile or principal office in Connecticut and operates a motor vehicle by virtue of interstate operating authority from the Federal Highway Administration for charter and special operation to register that authority with the DOT if the vehicle carries eight or more passengers. There is no seating capacity requirement in the current law, but the eight passenger threshold in the bill reflects the federal threshold for issuing such authority.

EFFECTIVE DATE: Upon passage

§ 5 – Land Acquired for Route 7 Expressway Project

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF – Revenue Gain

Potential

Potential

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: None

Explanation

The bill eliminates the prohibitions on the sale or use of property acquired for potential use as the Route 7 expressway from Danbury to Norwalk. This could result in a revenue gain to the Transportation Fund if DOT decides to sell the property. Approximately 890. 84 acres was purchased for the expressway at a cost of $ 29. 4 million, including 828. 86 acres of unimproved (vacant) land and 61. 98 acres of improved land (20 houses on 19 lots). The current estimate for all of the property is $ 164. 7 million, including: (1) $ 149. 7 million for the unimproved land and (2) $ 14 million for the improved land.

OLR Analysis

Current law prohibits the DOT commissioner from selling, or using in any manner that is incompatible with transportation purposes, any existing right-of-way that was acquired for potential use as the Route 7 expressway from Danbury to Norwalk. The commissioner is also prohibited from selling or using incompatibly any property currently under his control in Danbury adjacent to Route 7 and south of Wooster Heights Road.

The bill eliminates these prohibitions on sale or use of the acquired property.

EFFECTIVE DATE: July 1, 2009

§ 6 – Stamford Transportation Center Parking Garage

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Treasurer, Debt Service

TF – Cost

Potential

Potential

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: None

Explanation

To the extent that this delays reconstruction of the parking garage, additional costs could be incurred. This project is funded with Special Tax Obligations (STO) bonds.

OLR Analysis

The bill prohibits the transportation commissioner from beginning any phase of the project to demolish the Stamford Transportation Center parking garage unless the DOT makes alternative parking spaces available near the center before the demolition begins. The number of spaces must equal or exceed the number that will be lost by each phase of the demolition project.

EFFECTIVE DATE: Upon passage

§ 7 – Report on Actions Concerning the American Recovery and Reinvestment Act (ARRA)

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

The DOT, OPM and the Transportation Strategy Board will be able to accommodate any additional administrative functions within their normal anticipated budgetary resources.

OLR Analysis

The bill requires the DOT and Transportation Strategy Board to submit a joint report to the Transportation Committee, within 15 days of this provision becoming effective and on a monthly basis thereafter, with respect to (1) actions they take to qualify state, regional, or municipal projects for receipt of “stimulus funding under the ARRA; (2) the amount of any state funds required to match federal funds, and the availability of such funds; and (3) descriptions of all applications submitted for federal funds and their status.

EFFECTIVE DATE: Upon passage

§ 8 – Funding for Implementing the Tweed New Haven Airport Agreement

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

GF – Cost

5 million

5 million

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: See Below

Explanation

This section appropriates $ 5 million for each of FY 10 and FY 11 from the General Fund to implement an agreement between East Haven, New Haven, and the Tweed New Haven Airport Authority regarding operations of the Tweed New Haven Airport.

OLR Analysis

The bill appropriates $ 5 million from the General Fund for FY 2010 and for FY 2011 to the DOT for implementation of the agreement between East Haven, New Haven, and the Tweed New Haven Airport Authority regarding the airport's operation.

EFFECTIVE DATE: July 1, 2009

§ 9 – Commuter Bus Service Feasibility Study

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 10 $

FY 11 $

Department of Transportation

TF – One Time

Greater than 1 million

None

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: None

Explanation

The bill results in a one-time cost in excess of $ 1 million to the Department of Transportation (DOT) to hire consultants to analyze and report on the feasibility of providing commuter bus service between the Bridgeport Train Station and certain commuter parking lots.

The requirement that the analysis and report be produced within available appropriations will likely result in one of four outcomes: (1) DOT will proceed with the analysis and report, and will require a deficiency appropriation during FY 10; (2) DOT will delay the implementation of the analysis and report pending the approval of additional appropriations to meet this mandate in future fiscal years; (3) DOT will shift administrative resources from other department priorities, thereby impacting existing departmental programs; or (4) DOT will not perform the analysis and publish the report.

OLR Analysis

The bill requires the DOT, within existing budgetary resources, to study and determine the feasibility of providing commuter bus service from commuter parking lots to the Bridgeport train station via Route 8 and Housatonic Avenue. DOT must submit its findings and recommendations to the Transportation Committee by February 1, 2010.

EFFECTIVE DATE: Upon passage

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute

Yea

36

Nay

0

(03/16/2009)