File No. 808

House of Representatives, May 18, 2011

The Committee on Appropriations reported through REP. WALKER of the 93rd Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING HIGHWAY SAFETY, STATE FACILITY TRAFFIC AUTHORITIES, MUNICIPAL BUILDING DEMOLITION, STATE TRAFFIC COMMISSION CERTIFICATES, AT GRADE CROSSINGS, THE NAMING OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS, AND A TRAIN STATION IN NIANTIC.

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

Section 1. (NEW) (Effective from passage) (a) The Governor shall do all things necessary or convenient, on behalf of the state, to secure all benefits available to the state under the federal Highway Safety Act of 1966, as amended from time to time. The Governor shall designate the Department of Transportation to administer the highway safety program and coordinate highway safety activities within the state. The Governor shall communicate with the federal government with respect to the state highway safety program.

(b) The Governor, or a person within the Department of Transportation designated by the Governor, is authorized to establish standards and procedures for the content, coordination, submission and approval of highway safety programs, including, but not limited to, highway safety education and the integration and coordination of safety efforts at the state and local levels, with the goal of reducing highway deaths and injuries. The Department of Transportation, with the approval of the Governor, may adopt regulations in accordance with the provisions of chapter 54 of the general statutes, to implement such highway safety programs.

Sec. 2. Section 10a-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The Board of Trustees of the Community-Technical Colleges shall appoint a committee at each regional community-technical college to establish traffic and parking regulations for passenger vehicles at such college. Such traffic committee, subject to the approval of said board and of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of passenger vehicles; [,] (2) determine speed limits; [,] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and] (5) designate the location of crosswalks on any portion of any road or highway subject to the care, custody and control of said board of trustees; [,] (6) order signs to [have] be erected and maintained [signs] designating such prohibitions or restrictions; [,] and (7) impose a fine upon any person who fails to comply with any such prohibition or restriction. All fines so imposed at each regional community-technical college, less an amount not to exceed the cost of enforcing traffic and parking regulations, shall be deposited in the institutional operating account of such college for scholarships and library services or acquisitions. The Board of Trustees of the Community-Technical Colleges shall establish at each regional community-technical college a committee which shall hear appeals of penalties assessed for parking or traffic violations. The membership of both the committee to establish traffic and parking regulations and the committee to hear traffic violation appeals shall include student and faculty representation.

Sec. 3. Subsection (a) of section 10a-139 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The trustees of The University of Connecticut, subject to the approval of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds controlled by The University of Connecticut; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Any person who fails to comply with any such prohibition or restriction shall be fined. Violation of any provision of this subsection shall be an infraction.

Sec. 4. Section 17a-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent of any institution in the Department of Children and Families, subject to the approval of the Commissioner of Children and Families and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective institutions; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18, may arrest or issue summons for violation of such regulations, restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which the institution is located shall have jurisdiction of violations of this section.

Sec. 5. Section 17a-465 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent or director of any state-operated facility within the Department of Mental Health and Addiction Services, subject to the approval of the Commissioner of Mental Health and Addiction Services and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective facilities; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Agency police appointed to act as state policemen on the grounds of state-operated facilities under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

Sec. 6. Section 19a-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent or director of any state-operated facility within the Department of Public Health, subject to the approval of the Commissioner of Public Health and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective facilities; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

Sec. 7. Section 27-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The Commissioner of Public Safety shall assign one or more state policemen for duty at the [home] Veterans' Home as may be requested by the commissioner.

(b) The [commissioner] Commissioner of Veterans' Affairs, subject to the approval of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the Veterans' Home; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen under the provisions of section 29-18 may arrest or issue a summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town of Rocky Hill shall have jurisdiction over violations of this section.

Sec. 8. Section 10a-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The Board of Trustees of the Connecticut State University System shall appoint a committee at each campus to establish traffic and parking regulations for passenger vehicles on such campus. Such traffic committee, subject to the approval of said board and of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of passenger vehicles; [,] (2) determine speed limits; [,] (3) install stop signs; [,] (4) restrict roads or portions thereof to one-way traffic; [and] (5) designate the location of crosswalks on any portion of any road or highway subject to the care, custody and control of said board of trustees; [,] (6) order signs to [have] be erected and maintained [signs] designating such prohibitions or restrictions; [,] and (7) impose a fine upon any person who fails to comply with any such prohibition or restriction. Violation of any provision of this section shall be an infraction. All fines so imposed at each state university, less an amount not to exceed the cost of enforcing traffic and parking regulations, shall be deposited in the institutional operating account of such state university for scholarships and library services or acquisitions. The Board of Trustees of the Connecticut State University System shall establish at each campus a committee which shall hear appeals of penalties assessed for parking or traffic violations. The membership of both the committee to establish traffic and parking regulations and the committee to hear traffic violation appeals shall include student and faculty representation.

Sec. 9. Section 29-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person shall demolish any building, structure or part thereof without obtaining a permit for the particular demolition undertaking from the building official of the town, city or borough wherein such building or part thereof is located. No person shall be eligible to receive a permit under this section unless [he] such person furnishes written notice to the building official [written evidence] (1) of financial responsibility in the form of a certificate of insurance specifying demolition purposes and providing liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars, and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars; each such certificate shall provide that the town or city and its agents shall be saved harmless from any claim or claims arising out of the negligence of the applicant or his agents or employees in the course of the demolition operations; (2) in the form of a certificate of notice executed by all public utilities having service connections within the premises proposed to be demolished, stating that such utilities have severed such connections and service; and (3) that he is the holder of a current valid license issued under the provisions of section 29-402, except in the case of (A) a person who is engaged in the disassembling, transportation and reconstruction of historic buildings for historical purposes or who is engaged in the demolition of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, or (B) an owner who is engaged in the demolition of a single-family residence or outbuilding, as provided in subsection (c) of section 29-402. No permit shall be issued under this section unless signed by the owner and the demolition contractor. Each such permit shall contain a printed intention on the part of the signers to comply with the provisions of this part.

(b) In addition to the powers granted pursuant to this part, any town, city or borough may impose, by ordinance, [impose] a waiting period of not more than one hundred eighty days before granting any permit for the demolition of any building or structure or any part thereof, except when the demolition permit is required for the removal of a structure acquired by the Department of Transportation for a transportation project.

Sec. 10. Section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The following vehicles shall not be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation, as provided in section 14-270, as amended by this act, specifying the conditions under which they may be so operated:

(1) A vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is wider than one hundred two inches or its approximate metric equivalent of two and six-tenths meters or one hundred two and thirty-six-hundredths inches, including its load, but not including the following safety devices: Reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load-induced tire bulge and any other state-approved safety device which the Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo. Such permit shall not be required in the case of (A) farm equipment, (B) a vehicle or combination of vehicle and trailer loaded with hay or straw, (C) a school bus equipped with a folding stop sign or exterior mirror, as approved by the Commissioner of Motor Vehicles, which results in a combined width of bus and sign or bus and mirror in excess of that established by this subsection, (D) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, or (E) a recreation vehicle with appurtenances, including safety devices and retracted shade awnings, no greater than six inches on each side for a maximum allowance of twelve inches; and

(2) A combination of truck and trailer which is longer than sixty-five feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, (C) a tractor-trailer unit, (D) a commercial vehicle combination, (E) combinations of vehicles considered as specialized equipment in 23 CFR 658.13(e), as amended, having a maximum overall length of sixty-five feet on traditional automobile transporters, with the fifth wheel located on the tractor frame over the rear axle or axles, including low boys, or a maximum overall length of seventy-five feet on stinger-steered automobile transporters, excluding front and rear cargo overhangs, provided the front cargo overhang shall not exceed three feet and the rear overhang shall not exceed four feet. Extendable ramps used to achieve such three-foot front overhang and four-foot rear overhang shall be excluded from the measurement of overall length and shall be retracted when they are not supporting vehicles, or (F) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed seventy-five feet in overall length.

(b) A special written permit may not be issued by the Commissioner of Transportation for a combination of vehicles consisting of a vehicle drawing a combination of three or more trailers or semitrailers, except any such combination engaged in the transportation of an indivisible load.

(c) The maximum length, including load, of a single unit vehicle shall be forty-five feet and the maximum length, including load, of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length, that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle with wheels in contact with the road surface, may be operated on (1) unless posted otherwise, United States and Connecticut routes numbered from 1 to 399, inclusive, 450, 476, 508, 693 and 695 and the national system of interstate and defense highways, and (2) state and local roads for up to one mile from the routes and system specified in subdivision (1) of this subsection for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

(d) Violation of any provision of this section shall be subject to a fine of five hundred dollars.

Sec. 11. Section 14-262b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding section 14-270, as amended by this act, the Commissioner of Transportation shall establish a program for the purpose of issuing permits allowing the following vehicles to be operated upon any highway or bridge: (1) A mobile home with a width greater than fourteen feet but no greater than sixteen feet; (2) a mobile home attached to a towing vehicle which has a combined length of one hundred feet or less if such [towing vehicle] mobile home has a length over eighty feet; or (3) a mobile home attached to a towing vehicle which has a combined length of one hundred four feet if such [towing vehicle] mobile home has a length of eighty feet or less. Such permit shall specify conditions under which such mobile home shall be permitted to operate, including, but not limited to, the period of time such operation shall be authorized. For the purposes of this section, "mobile home" shall have the same meaning as in section 21-64a. The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Sec. 12. Subsection (k) of section 14-267a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) (1) Any driver of a vehicle who fails or refuses when directed by such official, upon a weighing of the vehicle, to comply with such official's directions shall be fined not less than one hundred dollars or more than two hundred dollars for the first offense and not less than two hundred dollars or more than five hundred dollars for each subsequent offense.

(2) Any driver of a vehicle who (A) exits a limited access highway on which a scale or safety inspection site is in operation with intent to circumvent the provisions of subsection (h) of this section, without a bona fide business purpose, (B) parks on a limited access highway on which a scale or safety inspection site is in operation with intent to circumvent the provisions of subsection (h) of this section, without a bona fide reason requiring such vehicle to be parked, or [(B)] (C) fails to comply with the provisions of subsection (h) of this section shall be fined not less than two hundred fifty dollars or more than five hundred dollars for the first offense and not less than five hundred dollars or more than one thousand dollars for each subsequent offense.

Sec. 13. Section 14-270 of the general statutes is amended by adding subsection (i) as follows (Effective from passage):

(NEW) (i) A person operating a vehicle under a forged permit shall be subject to a minimum fine of twenty-five thousand dollars, in addition to any other penalties which may be assessed, and such vehicle shall be impounded until payment of such fine or fines, or until order of the superior court. As used in this subsection, "forged permit" means a permit for a nonconforming vehicle that is subject to the provisions of this section, that has been falsely made, completed or altered, and "falsely made", "falsely completed" and "falsely altered" have the same meaning as set forth in section 53a-137.

Sec. 14. Subsection (a) of section 14-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) No person, firm, corporation, state agency, or municipal agency or combination thereof shall build, expand, establish or operate any open air theater, shopping center or other development generating large volumes of traffic, having an exit or entrance on, or abutting or adjoining, any state highway or substantially affecting state highway traffic within this state until such person or agency has procured from the State Traffic Commission a certificate that the operation thereof will not imperil the safety of the public, except that: (1) Any development that contains one hundred or fewer residential units shall not be required to obtain such a certificate if such development is a residential-only development and not part of a mixed-use development containing office, retail or other such nonresidential uses, and (2) any development that contains seventy-five or fewer residential units and has an associated club house or similar amenity that is open to the public shall not be required to obtain such a certificate.

Sec. 15. Subsection (c) of section 14-311c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(c) The State Traffic Commission shall issue its decision on an application for a certificate under subsection (a) of this section not later than one hundred twenty days after it is filed, except that, if the commission needs additional information from the applicant, it shall notify the applicant in writing as to what information is required and (1) the commission may toll the running of such one-hundred-twenty-day period by the number of days between and including the date such notice is received by the applicant and the date the additional information is received by the commission and (2) if the commission receives the additional information during the last ten days of the one-hundred-twenty-day period and needs additional time to review and analyze such information, it may extend such period by not more than fifteen days. [The State Traffic Commission may also, at its discretion, postpone action on any application submitted pursuant to this section or section 14-311a until such time as it is shown that an application has been filed with and approved by the municipal planning and zoning agency or other responsible municipal agency.]

Sec. 16. (NEW) (Effective from passage) The Commissioner of Transportation, or the commissioner's designee, shall attend a public hearing concerning the safety and condition of a railroad crossing at grade, upon receipt by the commissioner of a petition that requests the commissioner to attend such hearing and is signed by twenty-five or more electors of the municipality in which such crossing is located.

Sec. 17. (Effective from passage) The portion of Route 79 located in Durham shall be named the "David Lavine Memorial Highway".

Sec. 18. (Effective from passage) The portion of Route 83 located in Vernon shall be named the "Thomas Wolff Memorial Highway".

Sec. 19. (Effective from passage) The portion of highway located between Exit 13 of I-91 and Route 5 in Wallingford shall be named the "Major Rauol Lufbery Highway".

Sec. 20. (Effective from passage) Two signs shall be placed on Route 9 to designate the exit for the Ivoryton Playhouse in the Ivoryton section of Essex. One sign shall be placed on Route 9 northbound, before Exit 3, and the other shall be placed on Route 9 southbound, before Exit 5.

Sec. 21. (Effective from passage) The Department of Transportation shall place a sign on one of the concrete supports of the railroad bridge that crosses through the downtown shopping district in Milford. Such sign shall direct shoppers to additional downtown retail locations and shall contain the words "More Shops Ahead" or similar language.

Sec. 22. (Effective from passage) Route 434 in East Haddam easterly to Smith Road shall be named the "Constable Thomas D. Jahelka Memorial Highway".

Sec. 23. (Effective from passage) The western section of Route 214 in Ledyard, between Route 117 and Route 12, shall be named the "Wesley J. Johnson, Sr. Memorial Highway".

Sec. 24. (Effective from passage) The portion of Route 75 in Newington that runs eastward from Fenn Road to Main Street shall be named the "Newington Police Department Memorial Highway".

Sec. 25. (Effective from passage) The Route 8 bridge and overpass #0581 over Hull Street, Ansonia, in the northbound and southbound lanes, shall be named the "Brigadier General Brian F. Phipps Memorial Bridge".

Sec. 26. (Effective from passage) Route 151 (Town Street) between Route 149 and Route 82 in East Haddam shall be named the "Jacinta Marie Bunnell Memorial Way".

Sec. 27. (Effective from passage) The bridge on Route 44 in Avon shall be named the "Corporal Gildo T. Consolini Memorial Bridge".

Sec. 28. (Effective from passage) The scale house located in Middletown shall be named the "Trooper Kenneth Hall Memorial Scale House".

Sec. 29. (Effective from passage) The Route 7 bridge crossing over Little Brook, north of Sunny Valley Road in New Milford, shall be named the "Officer Donald Hassiak Memorial Bridge".

Sec. 30. (Effective from passage) Indian Well Road in Shelton shall be named the "Police Sergeant Orville Smith Memorial Road".

Sec. 31. (Effective from passage) The Department of Transportation shall immediately commence a feasibility study of the establishment of a passenger train station in Niantic. The study shall examine all steps necessary for the establishment of such station and shall include an estimate of the time and funding required for the completion of each such step and a projected date for completion of such station. The department shall use existing budgetary resources for the performance of such study and shall submit a progress report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, not later than February 15, 2012.

Sec. 32. Section 13a-27 of the general statutes is repealed. (Effective from passage)

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact: None

Explanation

A section by section fiscal impact is presented below.

Section 1 has no fiscal impact because it codifies the statute to current practice.

Sections 2 through 8 allow various state agencies to install stop signs or other traffic related signs upon approval from the State Traffic Commission (STC) and will not result in additional cost to the commission.

Section 9 allows the Department of Transportation (DOT) to demolish buildings without required municipal permits and will result in project cost savings from efficiencies realized by speeding up the process. Currently DOT under local ordinances has to wait 180 days before a municipality grants the demolition permit.

Section 10 has no fiscal impact because it codifies the statute to current practice and federal regulations.

Section 11 has no fiscal impact as it clarifies length of an oversize vehicle being towed rather than the towing vehicle.

Section 12 of the bill subjects drivers who park on a limited access highway where a safety inspection site is operated in order to avoid the inspection to a fine of $250 to $500 for a first offense and $500 to $1,000 for each subsequent offense, and will result in a potential revenue gain to the General Fund of less than $25,000. The estimate assumes that the establishment of a fine for this offense will increase the likelihood that an estimated 50 offenders annually would be prosecuted and receive harsher penalties than under current law.¹

Section 13 of the bill subjects a person driving a vehicle under a forged oversize or overweight permit to a minimum fine of $25,000, and will result in potential revenue to the General Fund of less than $75,000. The estimate assumes that the establishment of a fine for this offense will increase the likelihood that an estimated 10 offenders annually would be prosecuted and receive harsher penalties than under current law.²

Section 14 exempts developments of certain size and type from the review by the State Traffic Commission (STC) and is not anticipated to have a fiscal impact.

Section 15 eliminates the requirement that developments have received municipal approval before STC issues a certification could result in an increased number of applications and backlog. Costs associated with processing an application on the average are $12,600. The magnitude of the cost is indeterminate as it is unknowable how many applications for developments will be filed without prior municipal approval. There are approximately 100 applications annually that require local planning and zoning approval.

Section 16 has no fiscal impact as it requires the DOT to attend a public hearing concerning the safety and condition of an at-grade railroad crossing when petitioned.

Sections 17 – 19 and 22 – 30 will result in a cost to DOT of approximately $18,000 in FY 12 to install signs that name various bridges and roads.

Sections 20 and 21 will result in a cost of $10,000 in FY 12 to DOT to install tourist informational signs for specific items of interest.

Section 31 requires the DOT to conduct a study of the feasibility of establishing a train station in Niantic and would not result in additional cost to the agency.

Section 32 has no fiscal impact because it conforms statute to current practice and regulations.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sHB 6540

AN ACT CONCERNING HIGHWAY SAFETY, STATE FACILITY TRAFFIC AUTHORITIES, MUNICIPAL BUILDING DEMOLITION, STATE TRAFFIC COMMISSION CERTIFICATES, AT GRADE CROSSINGS, THE NAMING OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS, AND A TRAIN STATION IN NIANTIC.

SUMMARY:

This bill subjects drivers who park on a limited access highway where a scale or safety inspection site is being operated in order to circumvent or avoid the scale or inspection to a fine of $250 to $500 for a first offense and $500 to $1,000 for each subsequent offense (§ 12).

Under current law, the statutory length limit of a single unit vehicle and the semitrailer portion of tractor-trailer unit are 45 and 48 feet, respectively (trailers up to 53 feet long are permitted under certain circumstances). The bill specifies that the 45 and 48 feet limits include the vehicle's loads (§ 10). It also codifies in statute a specific length limit for automobile transporters that is currently applied by reference to federal regulations.

By law, a Department of Transportation (DOT) permit is required for a vehicle to operate on highways and bridges if it exceeds statutory size or weight limits. The bill subjects a person driving a vehicle under a forged oversize or overweight permit to a minimum fine of $25,000, in addition to any other penalties that may be assessed. In addition, the vehicle must be impounded until the penalty is paid or the Superior Court orders its release. A permit is considered forged if has been falsely made, completed, or altered, as these terms are used in the penal code (CGS § 53a-137) (§ 13).

The law requires DOT to issue permits for mobile homes that meet certain size limits. Under current law, for towed motor homes, the limits are (1) a combined length of 100 feet if the towing vehicle is more than 80 feet and (2) a combined length of 104 feet if the towing vehicle is 80 feet or shorter. The bill instead imposes these limits based on the length of the towed mobile home, rather than the towing vehicle (§ 11).

The bill also:

1. exempts certain developments from the requirement to obtain a State Traffic Commission (STC) certificate (§ 14),

2. allows various state agencies and institutions to install stop signs with STC approval (§§ 2-8),

3. requires the governor and DOT to take various steps regarding highway safety programs (§ 1),

4. allows motorcycles and other non-commercial vehicles other than automobiles to use the Wilbur Cross Parkway (§ 32),

5. requires DOT to study the feasibility of establishing a passenger train station in Niantic (§ 31), and

6. requires the DOT commissioner or his designee to attend a public hearing concerning the safety and condition of an at-grade railroad crossing upon receiving a petition that requests his attendance that is signed by 25 or more voters in the municipality where the crossing is located (§ 16).

Under current law, any town, city or borough may adopt an ordinance imposing a waiting period of up to 180 days before granting a demolition permit. The bill eliminates this authority in cases where DOT needs the permit to remove a structure it has acquired for a transportation project (§ 9).

The bill names various roads and highways. It also requires that:

1. two signs be placed on Route 9 to designate the exit for the Ivoryton Playhouse in Essex, one on Route 9 northbound before Exit 3 and the other on Route 9 southbound before Exit 5 (§ 20) and

2. DOT place a sign on one of the railroad bridge's concrete supports in downtown Milford that directs shoppers to downtown retail locations and contains the words “More Shops Ahead” or similar language (§ 21).

EFFECTIVE DATE: Upon passage, except the provisions on for the authority to install stop signs, the changes to vehicle length limits (other than for mobile homes), and the STC provisions, which are effective October 1, 2011.

§ 14-15 — STC CERTIFICATES

The bill exempts certain developments from the requirement to obtain the STC certificate required under current law for large traffic generators located on or near state highways. The bill exempts any development that contains (1) up to 100 residential units so long as it is residential-only and not part of a development containing office, retail, or other nonresidential uses and (2) up to 75 residential units that has an associated club house or similar amenity that is open to the public. By law, the STC issues certificates for large traffic generators such as shopping malls and subdivisions, stating that the development's operation will not imperil the public safety.

The bill also eliminates a provision that allows STC to postpone its action on a certificate for additional parking spaces or to build a large traffic generating development by combining individual parcels of land until an application has been approved by the municipal planning and zoning or other responsible municipal agency. Thus the STC must issue the certificate within 120 days after the request is filed unless the decision is tolled when additional information is required before a decision can be made.

§§ 2-8 — STOP SIGNS

The bill allows the following authorities to install stop signs: (1) the UConn board of trustees; (2) the traffic and parking committees appointed by the board of trustees of the community-technical colleges for each college; (3) the commissioner of Veterans' Affairs; (4) the superintendent of any Department of Children and Families (DCF) institution; and (5) the superintendent or director of any state-operated facility within the Department of Mental Health and Addiction Services (DMHAS) or Department of Public Health (DPH). In each case, the State Traffic Commission must approve the installation. In addition, the installation of signs (1) at the community-technical colleges requires the approval of the system's board of trustees and (2) at the DCF, DMHAS, and DPH facilities requires the approval of the respective commissioner.

§ 1 — HIGHWAY SAFETY PROGRAMS

The bill requires the governor to:

1. do all things necessary or convenient on the state's behalf to secure all benefits available to the state under the federal Highway Safety Act,

2. designate DOT to administer the highway safety program and coordinate highway safety activities in the state, and

3. communicate with the federal government regarding the state highway safety program.

The bill allows the governor, or a person he designates within DOT, to establish standards and procedures for the content, coordination, submission, and approval of a highway safety program, including highway safety education and the integration and coordination of safety efforts at the state and local levels, with the goal of reducing highway deaths and injuries. (DOT already administers such programs.) It allows DOT, with the governor's approval, to adopt regulations to implement the program.

§ 31 — NIANTIC RAIL STATION STUDY

The bill requires DOT to immediately begin a feasibility study on establishing a passenger train station in Niantic. The study must examine all steps needed to establish the station. It must include an estimate of the time and funding required for the completion of each step and a projected date to complete the station. DOT must use existing budgetary resources for the study and submit a progress report to the Transportation Committee by February 15, 2012.

§§ 17-19, 22-30 — ROAD NAMING

The bill names:

1. the portion of Route 79 located in Durham the “David Lavine Memorial Highway;”

2. the portion of Route 83 located in Vernon the “Thomas Wolff Memorial Highway;”

3. the portion of highway located between Exit 13 of I-91 and Route 5 in Wallingford the “Major Rauol Lufbery Highway;”

4. Route 434 in East Haddam east to Smith Road the “Constable Thomas D. Jahelka Memorial Highway;”

5. the western section of Route 214 in Ledyard between routes 117 and 12 the Wesley J. Johnson, Sr. Memorial Highway;”

6. the portion of Route 75 in Newington that runs east from Fenn Road to Main Street the “Newington Police Department Memorial Highway;”

7. the Route 8 bridge and overpass over Hull Street in Ansonia, in the north- and south-bound lanes, the “Brigadier General Brian F. Phillips Memorial Bridge;”

8. Route 151 (Town Street) between routes 149 and 82 in East Haddam the “Jacinta Marie Bunnell Memorial Way;”

9. the bridge on Route 44 in Avon the “Corporal Gildo T. Consolini Memorial Bridge;”

10. the scale house in Middletown the “Trooper Kenneth Hall Memorial Scale House;”

11. the Route 7 bridge over Little Brook, north of Sunny Valley Road in New Milford, the “Officer Donald Hassiak Memorial Bridge;” and

12. Indian Well Road in Shelton the “Police Sergeant Orville Smith Memorial Road.”

BACKGROUND

Legislative History

The House referred the bill (File 393) to the Judiciary Committee, which reported it unchanged. The House then referred the bill to the Appropriations Committee, which deleted a provision requiring DOT to establish fixed route bus service between the New Haven train station and the Southern Connecticut State University campus in the city.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute

Judiciary Committee

Joint Favorable

Appropriations Committee

Joint Favorable Substitute

¹ In 2010, zero convictions were made for this offense, as it was not specified in statute.

² In 2010, 11 fines were issued for forgery, totaling $10,200 in revenue collected.