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2018 HB 5391: An Act Concerning The Preparation Of A Tolling Proposal And Support For Transportation Infrastructure.
Bill Text
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section and sections 2 to 9, inclusive, of this act:
(1) "Electronic tolling system" means an electronic system for recording, monitoring, collecting and paying for tolls on the highways of this state, including, but not limited to, transponders or other electronic transaction or payment technology devices or video toll transaction systems;
(2) "Department" means the Department of Transportation; and
(3) "Toll operator" means a private entity that operates an electronic tolling system, which duties may include, but need not be limited to, collecting tolls, administrative charges and penalties.
Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Transportation shall (1) conduct studies and satisfy other requirements pursuant to the National Environmental Policy Act for the purposes of developing electronic tolling systems on the highways of this state, (2) procure a program manager and other consultants or experts as needed to assist in the development of the electronic tolling systems, and (3) prepare a tolling proposal that (A) implements electronic tolling systems on Interstate 95, Interstate 91, Interstate 84, the Wilbur Cross Parkway and the Merritt Parkway, (B) identifies the specific locations where the proposed tolls may be charged, the toll amounts that may be charged, including the use of value pricing and discounts, if any, and the time periods for peak and off-peak travel, and (C) estimates the capital and operating costs associated with the electronic tolling systems.
(b) (1) The commissioner shall file the tolling proposal with the clerks of the House of Representatives and the Senate. If the tolling proposal is filed when the General Assembly is in session, not later than five days after receiving the tolling proposal, the clerks of the House of Representatives and the Senate shall refer the tolling proposal to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. If the tolling proposal is filed when the General Assembly is not in session, the clerks of the House of Representatives and the Senate shall refer the tolling proposal to the joint standing committee of the General Assembly having cognizance of matters relating to transportation not later than five days after the first day of the next regular session. The committee shall hold a public hearing regarding the tolling proposal not later than ten days after such referral. Not later than five days after the hearing, the committee shall (A) hold a roll-call vote to approve or reject the tolling proposal, and (B) forward the tolling proposal and a record of the committee's vote to the General Assembly.
(2) Not later than thirty days after the tolling proposal is forwarded to the General Assembly, the General Assembly may approve or reject the tolling proposal. The tolling proposal shall be approved in whole by a majority vote of each house or rejected by a majority vote in either house. If both houses fail to vote during such thirty-day period, the tolling proposal shall be deemed approved by the General Assembly. Such thirty-day period shall not begin or expire unless the General Assembly is in regular session. If the regular session adjourns prior to such thirtieth day and the tolling proposal has not been acted upon, the tolling proposal shall be deemed filed on the first day of the next regular session.
(c) If the tolling proposal is rejected in accordance with the provisions of subsection (b) of this section, the commissioner may revise the tolling proposal. Any such revised tolling proposal shall be submitted to the clerks of the House of Representatives and the Senate and subject to a public hearing and approval or rejection by the General Assembly in the same manner as described in subsection (b) of this section.
(d) If the tolling proposal is approved or deemed approved by the General Assembly, the commissioner shall submit the tolling proposal to the Federal Highway Administration. In no event shall the commissioner submit a tolling proposal to the Federal Highway Administration unless the tolling proposal is approved or deemed approved by the General Assembly.
Sec. 3. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) The department may construct, maintain and operate electronic tolling systems. The department may operate such electronic tolling systems or contract with a toll operator to operate such systems. To carry out its duties and responsibilities under this section and sections 4 to 9, inclusive, of this act, and any regulations adopted under section 8 of this act, the department may enter into tolling agreements with the Federal Highway Administration and coordination agreements, intergovernmental agreements or other implementation agreements with any other federal, state or municipal entity or agency.
(c) The department may retain and expend funds for technical, traffic, revenue, financial, legal and other consultants and experts to assist in the development and implementation of electronic tolling systems.
(d) The department may procure, retain and expend funds for toll operators, vendors, suppliers, designers, engineers, software designers, installers, contractors, maintenance personnel, back-office and customer service personnel, collections, enforcement and for other equipment, materials, personnel and services in order to assist in the development and implementation of electronic tolling systems.
(e) (1) The department and the Department of Motor Vehicles may enter into reciprocal agreements with other states, jurisdictions and operators of toll facilities in other states that will enable said departments to obtain and share with said departments and any toll operator information regarding an out-of-state registered owner of a vehicle that has used a tolled highway, including the make of the vehicle, the vehicle's license plate and the name and address of the registered owner of the vehicle.
(2) The department and the Department of Motor Vehicles may enter into, or cause the toll operator on behalf of such departments to enter into, reciprocal agreements with other states, jurisdictions and operators of toll facilities in other states allowing for additional enforcement mechanisms for the efficient collection of tolls incurred by residents of states other than this state.
(3) The department and the Department of Emergency Services and Public Protection may enter into an agreement with each other for the provision of law enforcement assistance by the state police on tolled highways that are not otherwise provided by the state police on state roads and highways. All law enforcement officers of the state and any political subdivision of the state shall have the same powers and jurisdiction within the limits of a tolled highway as such officers have in their respective areas of jurisdiction, including the roads and highways of this state.
Sec. 4. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) The department may charge, collect, retain and fix the amount of all tolls for transit over or use of such highways, or portions thereof, as may be determined by the department. The department may retain and employ such assistance as may be necessary for the collection thereof. Toll amounts shall be fixed and changed by the department, so as to provide, at a minimum, funding that is sufficient to: (1) Pay costs related to tolled highways in this state, including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, using, administering, controlling and operating such highways; (2) pay the principal of, redemption premium, if any, and interest on notes or bonds relating to tolled highways, as such principal, premium or interest become due and payable; and (3) create and maintain reserves established for any of the department's highway and bridge responsibilities under titles 13a and 13b of the general statutes for the operation and maintenance of tolled highways. Such sufficiency of funding may take into account the availability of funds from other sources.
(c) The department shall provide advance notice of the tolls that will be charged and the option for payment to motor vehicle operators before such operators enter a tolled highway, or portion thereof.
(d) Tolls established by the department under this section shall not be subject to supervision or regulation, except as otherwise provided by law, by any other commission, board, bureau, authority or agency of this state, or by any political subdivision of the state.
(e) All revenues received by the department from tolls shall be deposited into the Special Transportation Fund, established under section 13b-68 of the general statutes, and shall not be commingled with other funds and revenues. Such revenues shall be expended only for the purposes and subject to the provisions of 23 USC 129 (a)(3), as amended from time to time.
(f) Tolls shall not be subject to and shall be exempt from any sales, use, excise, gross receipts or any similar taxes.
Sec. 5. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) If an electronic tolling system uses a transponder or other electronic transaction or payment technology device, the device shall be located in or on the motor vehicle entering the electronic tolling system in a manner prescribed by the department or toll operator and consistent with applicable law.
(c) All electronic tolling systems operated by the department or a toll operator shall be interoperable with all other electronic tolling systems in this state and shall otherwise comply with all state and federal interoperability requirements and standards. Such tolling system interoperability shall extend to system technology and the transfer of funds. The provisions of chapters 61 and 61b of the general statutes shall not apply to this subsection. The Commissioners of Transportation and Motor Vehicles shall consult with the Commissioner of Administrative Services to ensure the coordination and compatibility of information system technology and data of any electronic tolling system.
Sec. 6. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) Prior to commencing construction of an electronic tolling system on any highway, or portion thereof, of this state, the department shall hold at least one public informational meeting in the general vicinity of the proposed toll location to receive comments on the proposed toll, methodology for setting and changing the tolls and user classifications.
Sec. 7. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) The department shall develop and implement a privacy policy relating to any toll customer information and other data collected, received, maintained, archived, accessed and disclosed by the department to a toll operator.
(c) The department shall implement a privacy protocol to protect and appropriately limit access to toll customer information and other data collected, received, maintained and archived.
(d) Neither the department nor any toll operator shall sell or use any toll customer information or other data for commercial purposes unrelated to the charging, collection and enforcement of tolls, administrative fees and penalties. The prohibition set forth in this subsection shall not apply to toll customer information or other data that does not directly or indirectly identify a toll customer used for research purposes authorized by the department.
(e) (1) Except as required by applicable law or in connection with an administrative or court proceeding, all information that specifically identifies a toll customer and relates to a specific tolling transaction shall be destroyed not later than one year after the later of the tolling transaction or collection of the toll, whether through normal processes or enforcement.
(2) Except as required by applicable law or in connection with an administrative or court proceeding, all information relating to a toll customer account that specifically identifies a toll customer shall be destroyed not later than one year after the collection of all tolls and fees incurred by such toll customer, whether through normal processes, enforcement or closing of such account.
(f) Toll customer information and data shall not be deemed a public record, as defined in section 1-200 of the general statutes. The department may release toll customer information and data that does not directly or indirectly identify a toll customer for research purposes authorized by the department.
(g) Toll operators shall be subject to the provisions of chapter 62a of the general statutes.
Sec. 8. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of sections 3 to 7, inclusive, of this act.
(c) Such regulations may include, but need not be limited to: (1) Establishment of variable or dynamic toll rates that take into consideration the day of the week, level of congestion or anticipated congestions; (2) establishment of different fees based on the type of vehicle classification, size, weight, number of axles or vehicle occupancy; (3) establishment of reduced or discounted tolls for toll road users or classes of users registered in the state that are equipped with transponders or similar technology and have valid toll customer accounts with the department or the toll operator, as the case may be; (4) exemptions for high-occupancy commuter vehicles and motor vehicles leased to an agency of this state, owned by the state, used by a law enforcement unit, as defined in section 7-294a of the general statutes, used by a member of an emergency medical service organization, as defined in section 19a-175 of the general statutes, while responding to emergencies and used to provide public transit services; (5) the imposition of surcharges, premiums or additional fees for designated users or classes of users of a tolled highway who travel on such highway without a valid transponder or similar technology; and (6) the imposition of administrative charges and penalties for late payment and toll evasion.
(d) Such regulations shall include: (1) Due process procedures that include notice, the right to challenge a toll and associated charges, the opportunity for a hearing and a right to appeal; and (2) procedures for enforcement of any administrative decision.
(e) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, consistent with its duties and responsibilities under sections 3 to 7, inclusive, of this act and shall coordinate and consult with the Commissioner of Transportation in the development of such regulations.
Sec. 9. (NEW) (Effective from passage) (a) The provisions of this section shall not be effective unless a tolling proposal to implement electronic tolling systems is approved or deemed approved by the General Assembly pursuant to section 2 of this act.
(b) The department, after notice and hearing, may impose a civil penalty of not more than one hundred dollars for each violation of a provision of the regulations adopted pursuant to section 8 of this act on any of the following persons with respect to toll nonpayment, toll evasion and related fees imposed pursuant to sections 3 to 8, inclusive, of this act: (1) The operator of a motor vehicle on a tolled highway; (2) the registered owner of a motor vehicle operated on a tolled highway, if other than the operator, if such vehicle was used or operated with the express or implied permission of the registered owner at the time of the tolling transaction; (3) the lessee of a motor vehicle operated on a tolled highway, if other than the operator, if such vehicle was used or operated with the express or implied permission of the lessee at the time of the tolling transaction; and (4) the lessor of a motor vehicle operated on a tolled highway.
(c) A copy of the motor vehicle rental agreement, lease, other contract document or affidavit identifying the lessee of the motor vehicle at the time of the tolling transaction shall be prima facie evidence that the person named in the rental agreement, lease, other contract document or affidavit was operating the motor vehicle at all relevant times relating to the tolling transaction. A lessor shall cooperate with the department or the toll operator, as the case may be, in providing the department or toll operator any requested information concerning the lessee contained in the lessor's record.
(d) The Department of Motor Vehicles shall provide the department and any toll operator with the information necessary to collect tolls and enforce penalties for toll nonpayment, toll evasion or other toll-related violations, including, but not limited to, information regarding the registered owner of a motor vehicle that was operated on a tolled highway and the make of the motor vehicle, the motor vehicle's license plate and the address of the registered owner of the motor vehicle.
Sec. 10. (NEW) (Effective from passage) (a) (1) When the Treasurer determines the pledged revenues, as defined in section 13b-75 of the general statutes, credited to the Special Transportation Fund exceed two and one-half times the debt service requirements, as defined in said section, the Treasurer shall provide written notice to the Commissioner of Revenue Services of such determination.
(2) Not later than fifteen days after commencement of the collection of tolls through the use of any electronic tolling system, as defined in section 1 of this act, on the highways of this state, the Commissioner of Transportation shall provide written notice to the Commissioner of Revenue Services of the date of such commencement.
(b) Notwithstanding the provisions of subdivision (2) of subsection (a) of section 12-458 and section 12-458h of the general statutes, on July first of the first full fiscal year that follows the later of the notices required under subdivisions (1) and (2) of subsection (a) of this section, the amount of the tax imposed under subdivision (2) of subsection (a) of section 12-458 of the general statutes shall be decreased by one cent and for each of the immediately succeeding four fiscal years, the amount of such tax shall be decreased by an additional one cent. For each fiscal year thereafter, the amount of such tax shall be the same as for the fifth fiscal year. The Commissioner of Revenue Services shall calculate the applicable tax rate per gallon of fuel, as defined in section 12-455a of the general statutes, that is sold or used in this state for each such fiscal year and notify each distributor, the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding and the Secretary of the Office of Policy and Management of the applicable tax rate for each such fiscal year.
Sec. 11. Subparagraph (L) of subdivision (1) of section 12-408 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018, and applicable to sales occurring on or after July 1, 2018):
(L) (i) For calendar months commencing on or after July 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
(ii) For calendar months commencing on or after July 1, 2020 2018, but prior to July 1, 2021 2019, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 twenty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(iii) For calendar months commencing on or after July 1, 2021 2019, but prior to July 1, 2022 2020, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 forty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(iv) For calendar months commencing on or after July 1, 2022 2020, but prior to July 1, 2023 2021, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 sixty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(v) For calendar months commencing on or after July 1, 2023 2021, but prior to July 1, 2024 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 eighty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle; and
(vi) For calendar months commencing on or after July 1, 2024 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 one hundred per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle.
Sec. 12. Subparagraph (K) of subdivision (1) of section 12-411 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018, and applicable to sales occurring on or after July 1, 2018):
(K) (i) For calendar months commencing on or after July 1, 2017, the commissioner shall deposit into said Special Transportation Fund seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
(ii) For calendar months commencing on or after July 1, 2020 2018, but prior to July 1, 2021 2019, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 twenty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(iii) For calendar months commencing on or after July 1, 2021 2019, but prior to July 1, 2022 2020, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 forty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(iv) For calendar months commencing on or after July 1, 2022 2020, but prior to July 1, 2023 2021, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 sixty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle;
(v) For calendar months commencing on or after July 1, 2023 2021, but prior to July 1, 2024 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 eighty per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale of a motor vehicle; and
(vi) For calendar months commencing on or after July 1, 2024 2022, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 one hundred per cent of the amounts received by the state from the tax imposed under subparagraphs (A) and (H) of this subdivision on the sale acceptance or receipt in this state of a motor vehicle.