Bill Text: CT HB06540 | 2011 | General Assembly | Chaptered
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 11-5-1)
Status: (Passed) 2011-07-13 - Signed by the Governor [HB06540 Detail]
Download: Connecticut-2011-HB06540-Chaptered.html
Substitute House Bill No. 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.
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 Section 10a-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):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 ten 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. Section 14-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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] that substantially [affecting] affect state highway traffic within this state, as determined by the State Traffic Commission, until such person, firm, corporation, 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 any development, including any development to be built in phases, without regard to when such phases are approved by the municipal planning and zoning agency or other responsible municipal agency, that contains a total of one hundred or fewer residential units shall not be required to obtain such certificate if such development is a residential-only development and is not part of a mixed-use development that contains office, retail or other such nonresidential uses, provided if any future development increases the total number of residential units to more than one hundred, and such total substantially affects state highway traffic within the state as determined by the State Traffic Commission, a certificate shall be procured from said commission.
(b) [No] Except as otherwise provided in this subsection, no local building official shall issue a building or foundation permit to any person, firm, corporation, state agency or municipal agency to build, expand, establish or operate such a development until the person, firm, corporation or agency provides to such official a copy of the certificate issued under this section by the commission. If the commission determines that any person, firm, corporation, or state or municipal agency has (1) started building, expanding, establishing or operating such a development without first obtaining a certificate from the commission, or (2) has failed to comply with the conditions of such a certificate, it shall order the person, firm, corporation or agency to (A) cease constructing, expanding, establishing or operating the development, or (B) comply with the conditions of the certificate within a reasonable period of time. If such person, firm, corporation or agency fails to (i) cease such work, or (ii) comply with an order of the commission within such time as specified by the commission, the commission may make an application to the superior court for the judicial district of Hartford or the judicial district where the development is located enjoining the construction, expansion, establishment or operation of such development. Notwithstanding the provisions of this subsection, for single family home building lots within a subdivision of land, for which a certificate is required and which do not have a direct exit or entrance on, or directly abut or adjoin any state highway, no local building official shall issue a certificate of occupancy to any person, firm, corporation, state agency or municipal agency to occupy homes on such lots until the person, firm, corporation or agency provides to such official a copy of the certificate issued under this section by the commission and such official confirms that the certificate conditions have been satisfied.
(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. The State Traffic Commission, to the extent practicable, shall begin its review of an application prior to final approval of the proposed activity by the municipal planning and zoning agency or other responsible municipal agency.
(d) In determining the advisability of such certification, the State Traffic Commission shall include, in its consideration, highway safety, the width and character of the highways affected, the density of traffic thereon, the character of such traffic and the opinion and findings of the traffic authority of the municipality wherein the development is located. The State Traffic Commission may require improvements to be made by the applicant to the extent that such improvements address impacts to highway safety created by the addition of the applicant's proposed development or activity. If the State Traffic Commission determines that such improvements, including traffic signals, pavement markings, channelization, pavement widening or other changes or traffic control devices, are required to handle traffic safely and efficiently, one hundred per cent of the cost thereof shall be borne by the person building, establishing or operating such open air theater, shopping center or other development generating large volumes of traffic, except that such cost shall not be borne by any municipal agency. The Commissioner of Transportation may issue a permit to said person to construct or install the changes required by the State Traffic Commission.
(e) Any person aggrieved by any decision of the State Traffic Commission hereunder may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district in which it is proposed to operate such establishment. The provisions of this section except insofar as such provisions relate to expansion shall not apply to any open air theater, shopping center or other development generating large volumes of traffic in operation on July 1, 1967.
Sec. 15. Section 14-311c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No group of persons, firms, corporations, state agencies or municipal agencies or combination thereof shall build, expand, establish or operate any open air theater, shopping center or other development generating large volumes of traffic on any group of individual parcels of land which are separately owned but are utilized together for a single development purpose, whether or not such parcels are separated by any state, local or private roadway [, having an exit or entrance on, or abutting or adjoining, any state highway or] that substantially [affecting] affect state highway traffic within this state, as determined by the State Traffic Commission, until such group has procured from the State Traffic Commission a certificate that the operation thereof will not imperil the safety of the public, except that any development, including any development to be built in phases without regard to when such phases are approved by the municipal planning and zoning agency or other responsible municipal agency, that contains a total of 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, provided if any future development increases the total number of residential units to more than one hundred, and this total substantially affects state highway traffic within the state as determined by the office of the State Traffic Commission, a certificate shall be procured from said commission.
(b) [No] Except as otherwise provided in this subsection, no local building official shall issue a building or foundation permit to any such group or member thereof to build, expand, establish or operate such a development until the group or member provides to such official a copy of the certificate issued under this section by the commission. If the commission determines that any group or member has (1) started building, expanding, establishing or operating such a development without first obtaining a certificate from the commission, or (2) has failed to comply with the conditions of such a certificate, it shall order the group or member to (A) cease constructing, expanding, establishing or operating the development, or (B) to comply with the conditions of the certificate within a reasonable period of time. If such group or member fails to (i) cease such work, or (ii) comply with an order of the commission within such time as specified by the commission, the commission or the traffic authority of the municipality wherein the development is located may make an application to the superior court for the judicial district of Hartford or the judicial district where the development is located enjoining the construction, expansion, establishment or the operation of such development. Notwithstanding the provisions of this subsection, for single family home building lots within a subdivision of land, for which a certificate is required and which do not have a direct exit or entrance on, or directly abut or adjoin any state highway, no local building official shall issue a certificate of occupancy to any such group or member thereof or person to occupy homes on such lots until such group, member or person provides to such official a copy of the certificate issued under this section by the commission and such official confirms that the certificate conditions have been satisfied.
(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. The State Traffic Commission, to the extent practicable, shall begin its review of an application prior to final approval of the proposed activity by the municipal planning and zoning agency or other responsible municipal agency.
(d) In determining the advisability of such certification, the State Traffic Commission shall include, in its consideration, highway safety, the width and character of the highways affected, the density of traffic thereon, the character of such traffic and the opinion and findings of the traffic authority of the municipality wherein the development is located. The State Traffic Commission may require improvements to be made by the applicant to the extent that such improvements address impacts to highway safety created by the addition of the applicant's proposed development or activity. If the State Traffic Commission determines that such improvements, including traffic signals, pavement markings, channelization, pavement widening or other changes or traffic control devices are required to handle traffic safely and efficiently, one hundred per cent of the cost thereof shall be borne by the group building, establishing or operating such open air theater, shopping center or other development generating large volumes of traffic, except that such cost shall not be borne by any municipal agency. The Commissioner of Transportation may issue a permit to said group to construct or install the changes required by the State Traffic Commission, in consultation with the local traffic authority.
(e) Any group aggrieved by any decision of the State Traffic Commission hereunder may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district in which it is proposed to operate such establishment. The provisions of this section except insofar as such provisions relate to expansion shall not apply to any open air theater, shopping center or other development generating large volumes of traffic which has received all necessary permits, variances, exceptions and approvals from the municipal zoning commission, planning commission, combined planning and zoning commission and zoning board of appeals in which such development is located prior to or on July 1, 1985, or to any such development which is in operation on that date.
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. Section 14-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) "Emergency vehicle", as used in this section, means any ambulance or vehicle operated by a member of an emergency medical service organization responding to an emergency call, any vehicle used by a fire department or by any officer of a fire department while on the way to a fire or while responding to an emergency call but not while returning from a fire or emergency call, any state or local police vehicle operated by a police officer or inspector of the Department of Motor Vehicles answering an emergency call or in the pursuit of fleeing law violators or any Department of Correction vehicle operated by a Department of Correction officer while in the course of such officer's employment and while responding to an emergency call.
(b) The operator of any emergency vehicle may (1) park or stand such vehicle, irrespective of the provisions of this chapter, (2) proceed past any red light or stop signal or stop sign, but only after slowing down or stopping to the extent necessary for the safe operation of such vehicle, (3) exceed the posted speed limits or other speed limits imposed by or pursuant to section 14-218a or 14-219 as long as such operator does not endanger life or property by so doing, and (4) disregard statutes, ordinances or regulations governing direction of movement or turning in specific directions.
(c) The exemptions herein granted shall apply only when an emergency vehicle is making use of an audible warning signal device, including but not limited to a siren, whistle or bell which meets the requirements of subsection (f) of section 14-80, and visible flashing or revolving lights which meet the requirements of sections 14-96p and 14-96q, and to any state or local police vehicle properly and lawfully making use of an audible warning signal device only.
(d) The provisions of this section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons and property.
(e) Upon the immediate approach of an emergency vehicle making use of such an audible warning signal device and such visible flashing or revolving lights or of any state or local police vehicle properly and lawfully making use of an audible warning signal device only, the operator of every other vehicle in the immediate vicinity shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a state or local police officer or a firefighter.
(f) Any person who is (1) operating a motor vehicle that is not an emergency vehicle, as defined in subsection (a) of this section, and (2) following an ambulance that is using flashing lights or a siren, shall not follow such vehicle more closely than one hundred feet.
[(f)] (g) Any officer of a fire department may remove, or cause to be removed, any vehicle upon any public or private way which obstructs or retards any fire department, or any officer thereof, in controlling or extinguishing any fire.
[(g)] (h) Any person who wilfully or negligently obstructs or retards any ambulance or vehicle operated by a member of an emergency medical service organization while answering any emergency call or taking a patient to a hospital, or any vehicle used by a fire department or any officer or member of a fire department while on the way to a fire, or while responding to an emergency call, or any vehicle used by the state police or any local police department, or any officer of the Division of State Police within the Department of Public Safety or any local police department while on the way to an emergency call or in the pursuit of fleeing law violators, shall be fined not more than two hundred dollars or imprisoned not more than seven days, or both.
[(h)] (i) Nothing in this section shall be construed as permitting the use of a siren upon any motor vehicle other than an emergency vehicle, as defined in subsection (a) of this section, or a rescue service vehicle which is registered with the Department of Motor Vehicles pursuant to section 19a-181.
[(i)] (j) A police officer may issue a written warning or a summons to the owner of a vehicle based upon an affidavit signed by the operator of an emergency vehicle specifying (1) the license plate number, color and type of any vehicle observed violating any provision of subsection (e) or [(g)] (h) of this section, and (2) the date, approximate time and location of such violation.
Sec. 18. Section 14-212a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-213, 14-213b, 14-214, 14-215, 14-216, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-222a, 14-223, 14-224, 14-225, 14-227a, 14-230, 14-230a, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-238a, 14-239, 14-240, 14-240a, 14-241, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-247a, 14-248a, 14-249, 14-250, 14-250a, 14-257, 14-261, 14-266, 14-271, 14-273, 14-279, 14-281a, subsection (e) or (g) of section 14-283, section 14-289a or 14-289b for any such violation committed (1) while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Department of Transportation, (2) while construction work is ongoing within a municipal road construction zone designated in a conspicuous manner by such municipality, (3) while utility work is ongoing within a utility work zone designated in a conspicuous manner by a public service company, as defined in section 16-1, or by a water company, as defined in section 25-32a, or (4) while activities are ongoing in a traffic incident management zone.
(b) (1) The Department of Transportation shall post a sign at the beginning of a highway construction zone which shall read as follows: "ROAD WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END ROAD WORK".
(2) A municipality shall post a sign at the beginning of a municipal road construction zone which shall read as follows: "ROAD WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END ROAD WORK".
[(2)] (3) A public service company or water company shall post a sign at the beginning of a utility work zone which shall read as follows: "UTILITY WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END UTILITY WORK".
[(3)] (4) As used in this section, "traffic incident management zone" refers to an area of a highway where temporary traffic controls or measures are installed under the authority of the Commissioner of Transportation, Commissioner of Public Safety, or local "traffic authority", as defined in section 14-297, in response to a motor vehicle incident, natural disaster, hazardous material spill or other unplanned incident. The traffic incident management zone shall be delineated by the use of one or more temporary traffic control devices or measures such as signs, cones, flares or visible flashing or revolving lights which meet the requirements of sections 14-96p and 14-96q.
(c) The state or a municipality, or any agency or employee of the state or a municipality shall not be civilly liable for any injuries or damages to any person or property which may result, either directly or indirectly, from failure on the part of the Department of Transportation or a municipality to post any sign required under subsection (b) of this section.
Sec. 19. Section 14-252a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The operator of any noncommercial motor vehicle, as defined in section 14-1, shall remove any accumulated ice or snow from such motor vehicle, including the hood, trunk and roof of such motor vehicle, so that any ice or snow accumulated on such vehicle does not pose a threat to persons or property while the vehicle is being operated on any street or highway of this state. Any such operator who fails to remove accumulated ice or snow that poses such a threat shall be fined seventy-five dollars.
(b) If the operator of a noncommercial motor vehicle violates the provisions of subsection (a) of this section and snow or ice is dislodged from such vehicle and causes personal injury or property damage, [the] such operator shall be fined not less than two hundred dollars but not more than one thousand dollars for each offense. [If the operator of a commercial motor vehicle violates the provisions of this section and snow or ice is dislodged from such vehicle and causes personal injury or property damage, the operator shall be fined not less than five hundred dollars but not more than twelve hundred fifty dollars for each offense. ]
(c) On and after December 31, 2013, the operator of any commercial motor vehicle, as defined in section 14-1, shall remove any accumulated ice or snow from such motor vehicle, including the hood, trunk and roof of such motor vehicle, so that any ice or snow accumulated on such vehicle does not pose a threat to persons or property while the vehicle is being operated on any street or highway of this state. Any such operator who fails to remove accumulated ice or snow that poses such a threat shall be fined seventy-five dollars.
(d) On and after December 31, 2013, if the operator of a commercial motor vehicle violates the provisions of subsection (c) of this section and snow or ice is dislodged from such vehicle and causes personal injury or property damage, such operator shall be fined not less than five hundred dollars but not more than twelve hundred fifty dollars for each offense.
[(c)] (e) This section shall not apply to (1) any operator of a motor vehicle during a period of snow, sleet or freezing rain if such period began and continued during the period of the motor vehicle's operation, or (2) any operator of a motor vehicle during the time such vehicle is parked.
Sec. 20. (Effective from passage) The portion of Route 79 in Durham from the Killingworth-Durham town line to its end located at the intersection of Route 17 shall be designated the "David Lavine Memorial Highway".
Sec. 21. (Effective from passage) The portion of State Road 702 from Exit 13 of I-91 westerly to the junction of Route 5 in Wallingford shall be designated the "Major Raoul Lufbery Highway".
Sec. 22. (Effective from passage) Route 434 in East Haddam from Route 82 easterly to Smith Road shall be designated the "Constable Thomas D. Jahelka Memorial Highway".
Sec. 23. (Effective from passage) The section of Route 214 in Ledyard from Route 12 easterly to the intersection of Route 117 shall be designated the "Wesley J. Johnson, Sr. Memorial Highway".
Sec. 24. (Effective from passage) The portion of Route 175 in Newington that runs eastward from State Route 505 to Route 176 shall be designated the "Newington Police Department Memorial Highway".
Sec. 25. (Effective from passage) Bridge number 00581 on Route 8 overpassing Hull Street in Ansonia shall be designated 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 designated the "Jacinta Marie Bunnell Memorial Highway".
Sec. 27. (Effective from passage) Bridge number 06521 on Route 44 in Avon shall be designated the "Corporal Gildo T. Consolini Memorial Bridge".
Sec. 28. (Effective from passage) The Scale House located in Middletown shall be designated the "Trooper Kenneth Hall Memorial Scale House".
Sec. 29. (Effective from passage) Bridge number 00554 on Route 7 over passing Little Brook in New Milford shall be designated the "Officer Donald Hassiak Memorial Bridge".
Sec. 30. (Effective from passage) SSR 454 from Route 110 northerly to Birchbank Road #1 locally known as Indian Well Road in Shelton shall be designated the "Police Sergeant Orville Smith Memorial Highway".
Sec. 31. (Effective from passage) The Department of Transportation shall place informational signs on Interstate 95, northbound and southbound, at Exit 90 for the "Olde Mistick Village Shopping Center".
Sec. 32. (Effective from passage) Bridge number 06619 on Route 72 overpassing the Pequabuck River in Bristol shall be designated the "CSM Anthony V. Savino Memorial Bridge".
Sec. 33. (Effective from passage) The Department of Transportation shall install informational signs on Interstate 84, eastbound and westbound, at Exit 63 for the "Manchester Fire Fighters Memorial Garden".
Sec. 34. Section 22 of public act 07-232 is repealed and the following is substituted in lieu thereof (Effective from passage):
Bridge number [06154] 06074 on Route 140 [in Warehouse Point] over the Connecticut River between Windsor Locks and East Windsor shall be designated the [World War I Bridge] "World War I Veterans Memorial Bridge".
Sec. 35. Section 18 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
[From] Route 22 in North Haven from the beginning of Bridge number 03830 overpassing Route 40 to Route 5 (State Street) shall be designated the "Amvets Post No. 9 Memorial Highway".
Sec. 36. Section 34 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
Route 4 [in Torrington] between Route 118 [and] in Harwinton to Route 202 in Torrington shall be designated the "Francis J. Oneglia Memorial Highway".
Sec. 37. Section 36 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
Bridge number [00443] 3361 on Route 5 overpassing Route 190 in Enfield shall be designated the "LTC Robert Albert 'Hitchcock' Burnham Memorial Bridge".
Sec. 38. Section 39 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
Route 33 from the junction of Route 136 in the Town of Westport to the Wilton/Ridgefield town line shall be designated the "Fallen Heroes Memorial Highway".
Sec. 39. Section 46 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
Route 133 in Brookfield from the intersection of [Route 7 and] Route 202 easterly to Route 25 shall be designated the "Joseph Baker Memorial Highway".
Sec. 40. Section 3 of special act 96-10, as amended by section 52 of public act 09-186, is amended to read as follows (Effective from passage):
The bridge over the Yantic River on [Route 2 eastbound] Route 82 westbound shall be named shall be named the "Thomas F. Sweeney Memorial Bridge".
Sec. 41. Section 57 of public act 09-186 is repealed and the following is substituted in lieu thereof (Effective from passage):
[The overpass bridge of] Bridge number 00060 on East Avenue in Norwalk overpassing Interstate 95 [in East Norwalk] shall be designated the "Donald F. Reid Memorial Bridge".
Sec. 42. Subsection (b) of section 70 of public act 07-7 of the June special session, as amended by section 10 of public act 10-159, is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(b) The proceeds of the sale of said bonds to the extent hereinafter stated, shall be used for the purpose of payment of the transportation costs, as defined in subdivision (6) of section 13b-75 of the general statutes, with respect to the projects and uses hereinafter described, which projects and uses are hereby found and determined to be in furtherance of one or more of the authorized purposes for the issuance of special tax obligation bonds set forth in section 13b-74 of the general statutes. Any proceeds of the bonds shall be used by the Department of Transportation for the [purpose of repairing, reconstructing or expanding the parking garage at the] Stamford Transportation Center [, including alternative temporary parking necessary during the repair, reconstruction or expansion of said parking garage] and related projects.
Sec. 43. Section 13b-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate seven million five hundred thousand dollars.
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Transportation for a program of competitive grants for commercial rail freight lines operating in the state for improvements and repairs to, and the modernization of, existing rail, rail beds and related facilities. Such program shall include the following: (1) (A) Grants of one hundred per cent of the amount necessary to improve, repair or modernize state-owned rights of way, and (B) grants of seventy per cent of the amount necessary to improve, repair or modernize privately-owned rail lines, provided the commissioner may waive the requirement for a thirty per cent matching grant if such improvement, repair or modernization demonstrably increases rail freight traffic; and (2) preference for grants shall be given to (A) proposals that are on the Department of Transportation's list of freight rail projects eligible to receive funds pursuant to P. L. 111-5, the American Recovery and Reinvestment Act, (B) freight rail projects that improve at-grade rail crossings to eliminate hazards or increase safety, and (C) freight rail projects that provide connection to major freight generators.
(c) All provisions of section 3-20, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.
[(d) The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54, implementing the program established under subsection (b) of this section. ]
Sec. 44. (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. 45. (Effective from passage) Route 218 in West Hartford from Route 44 north to the Bloomfield town line shall be designated the "Lt. Col. Michael J. McMahon Memorial Highway".
Sec. 46. (Effective from passage) A portion of I-84 in Hartford shall be designated the "Tuskegee Airmen Highway".
Sec. 47. (Effective from passage) A plaque shall be placed at the Folly Brook picnic area located on Route 165 in Preston in memory of John Richard Pardo.
Sec. 48. (Effective from passage) The portion of Route 83 located in Vernon from the northern junction from Route 30 northerly to the Vernon-Ellington town line shall be designated the "Thomas Wolff Memorial Highway".
Sec. 49. (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. 50. (Effective from passage) The Department of Transportation shall place signs on I-84, eastbound and westbound, before Exit 5, to designate the exit for "Rogers Park, Home of the Danbury Westerners".
Sec. 51. (Effective from passage) The Department of Transportation shall place signs on Route 133 in Brookfield, eastbound and westbound, approaching the intersection of Obtuse Road South, to designate the location of "Shakespeare's Garden at Burr Farm".
Sec. 52. (Effective from passage) The Department of Transportation shall place signs on I-95, northbound and southbound, before Exit 91, to designate the exit for the "Old Lighthouse Museum" and the "Captain Palmer House" in Stonington.
Sec. 53. (Effective from passage) The Department of Transportation shall place a sign on I-95 in Groton between the Thames River and Exit 87, with the words "Submarine Capital of the World".
Sec. 54. (Effective from passage) The Department of Transportation shall place three signs to indicate the location of the "Prudence Crandall Museum" in Canterbury. A sign shall be placed: On Route 395 northbound before Exit 83a; at the end of the Exit 83a exit ramp on Route 169; and on Route 169 southbound in Brooklyn.
Sec. 55. (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. 56. Section 1 of public act 10-182 shall take effect October 1, 2011.
Sec. 57. Section 13a-27 of the general statutes is repealed. (Effective from passage)
Sec. 58. Section 49 of public act 09-186 is repealed. (Effective from passage)