AN ACT CONCERNING THE UPGRADE OR ELIMINATION OF HAZARDOUS RAILROAD CROSSINGS AT GRADE.

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

Section 1. Section 13b-276 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) [The] If the Commissioner of Transportation [, if he] finds that a dangerous condition exists at such crossing, except a dangerous condition arising out of improper or inadequate maintenance, said commissioner shall issue [such] an order to such municipality or to any such public service company directing the removal, change or relocation of such crossing, highway, tracks, pipes, wires, poles or other fixtures or tree or building or other structure, as may be necessary to eliminate such dangerous condition; and shall apportion the cost thereof among such public service company or companies, such municipality and the state, and shall determine the conditions and the time and manner of the payment of such apportionments, provided the portion of the cost to be paid by such public service company in the elimination of any such dangerous conditions on state maintained highways shall not exceed ten per cent. The party or parties ordered by said commissioner to perform the work necessary to remove such dangerous condition shall serve written notice, at least thirty days prior to the approximate date of the commencement of such work, upon all other parties in interest, including any public service company whose plant is involved or affected by such work, and any such public service company shall provide such means as may be necessary for the continued use of such plant in such manner as to best serve the interests and convenience of the public.

(b) The Commissioner of Transportation shall, not later than October 1, 2009, and every three years thereafter, provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, regarding any railroad crossing at grade. Such report shall (1) list all the at-grade rail crossings in the state, (2) identify such crossings that create a hazardous situation, (3) provide a budget and identify funding sources, including any available federal funding, for upgrading or eliminating such hazardous crossings, (4) prioritize the upgrades or eliminations that are recommended in such report, and (5) for reports submitted pursuant to this subsection after the initial report, describe the progress to date in upgrading or eliminating hazardous at-grade crossings.

(c) The Commissioner of Transportation shall implement a program to upgrade or eliminate any railroad crossing at grade that is identified in a report submitted pursuant to subsection (b) of this section as creating a hazardous situation. The commissioner shall apply for any federal funding available for such program and shall set aside, for the upgrade or elimination of such crossings, five per cent of funds from the Fix-it-First program for state roads.