Bill Text: CT SB00849 | 2013 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Local Bridge Program Reform And Establishing A Local Transportation Capital Program.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-05-30 - Matter Pass Retained [SB00849 Detail]

Download: Connecticut-2013-SB00849-Comm_Sub.html

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General Assembly		Governor's Bill No. 849
January Session, 2013		LCO No. 2942
		*_____SB00849FIN___050713____*
Referred to Committee on TRANSPORTATION
Introduced by:
SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. REP. SHARKEY, 88th Dist. REP. ARESIMOWICZ, 30th Dist.

AN ACT CONCERNING LOCAL BRIDGE PROGRAM REFORM AND ESTABLISHING A LOCAL TRANSPORTATION CAPITAL PROGRAM.

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

Section 1. (NEW) (Effective November 1, 2013) (a) The Commissioner of Transportation shall establish a local transportation capital program to provide state funding, in lieu of specific federal funding available, to any municipality or local planning agency for transportation improvements to any state or locally maintained roadway or facility that is deemed eligible for federal surface transportation urban program funding.

(b) The commissioner may request the authorization of special tax obligation bonds of the state to establish such state funding. 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.

(c) The Department of Transportation shall accept applications for such state funding from any eligible recipient through the appropriate regional planning agency. Any such state funding shall be provided to the recipient through guidelines developed by the Department of Transportation.

(d) Any transportation improvement funded pursuant to the program established in this section will have a service life of approximately twenty years.

(e) Notwithstanding any other provision of the general statutes, this program, when improvements are on a locally owned roadway or facility, shall not be deemed to be a proposed state action, activity or critical activity for the purposes of sections 25-68b to 25-68h, inclusive, of the general statutes.

Sec. 2. Subsection (b) of section 13b-74 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) The purposes for which special tax obligation bonds may be issued pursuant to sections 13b-74 to 13b-77, inclusive, are as follows:

(1) Planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, state highways and bridges;

(2) Payment of the state's share of the costs of planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, (A) state highways, (B) projects on the interstate highway system, (C) alternate highway projects in the interstate highway substitution program, commonly referred to as the interstate trade-in program, (D) state bridges, (E) mass transportation and transit facilities, (F) aeronautic facilities, excluding Bradley International Airport, and (G) waterway projects;

(3) Payment of the state's share of the costs of planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, the local bridge program established under sections 13a-175p to 13a-175u, inclusive, as amended by this act, and payment of state contributions to the Local Bridge Revolving Fund established under section 13a-175r, as amended by this act;

(4) Planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, the highway safety program, including the rail-highway crossing, hazard elimination and other highway safety programs on the state highway system;

(5) Planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, the maintenance garages and administrative facilities of the Department of Transportation;

(6) Planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, projects and purposes included in section 13b-57h; [and]

(7) Payment of funds made available to towns, as provided in sections 13a-175a to 13a-175e, inclusive, 13a-175i and 13a-175j, for the purposes set forth in sections 13a-175a, 13a-175d and 13a-175j; and

(8) Payment of funds to any municipality or local planning agency for transportation improvements pursuant to section 1 of this act.

Sec. 3. Section 13a-175p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The following terms, as used in sections 13a-175p to 13a-175u, inclusive, shall have the following meanings unless the context clearly indicates a different meaning or intent:

(1) "Commissioner" means the Commissioner of Transportation.

(2) "Eligible bridge" means a bridge located within one or more municipalities in the state, the physical condition of which requires it be removed, replaced, reconstructed, rehabilitated or improved as determined by the commissioner.

(3) "Eligible bridge project" means the removal, replacement, reconstruction, rehabilitation or improvement of an eligible bridge by one or more municipalities.

(4) "Grant" means any grant made to a municipality pursuant to section 13a-175s, as amended by this act.

[(4)] (5) "Grant percentage" means a percentage established by the commissioner for each municipality by (A) ranking all municipalities in descending order according to each such municipality's adjusted equalized net grand list per capita as defined in section 10-261; and (B) determining a percentage for each such municipality on a scale from not less than [ten] fifteen per cent to not more than [thirty-three] fifty per cent based upon such ranking. In any case where a municipality does not have an adjusted equalized net grand list per capita such municipality shall be deemed to have the adjusted equalized net grand list per capita of the town in which it is located.

[(5)] (6) "Local bridge program" means the local bridge program established pursuant to sections 13a-175p to 13a-175u, inclusive, as amended by this act.

[(6)] (7) "Local Bridge Revolving Fund" means the Local Bridge Revolving Fund created under section 13a-175r, as amended by this act.

[(7)] (8) "Municipality" means any town, city, borough, consolidated town and city, consolidated town and borough, district or other political subdivision of the state, owning or having responsibility for the maintenance of all or a portion of an eligible bridge.

[(8)] (9) "Physical condition" means the physical condition of a bridge based on its structural deficiencies, sufficiency rating and load capacity all as determined by the commissioner.

[(9)] (10) "Priority list of eligible bridge projects" means the priority list of eligible bridge projects established by the commissioner in accordance with the provisions of section 13a-175s, as amended by this act.

[(10)] (11) "Project costs" means the total costs of a project determined by the commissioner to be necessary and reasonable.

[(11) "Project loan" means a loan made to a municipality from the Local Bridge Revolving Fund and evidenced by the municipality's project loan obligation.

(12) "Project loan agreement" means a loan agreement with respect to a project loan as provided for in subsection (c) of section 13a-175s.

(13) "Project loan obligation" means an obligation of a municipality issued to evidence indebtedness under a project loan agreement and payable to the state for the benefit of the Local Bridge Revolving Fund.

(14) "Project grant" means a grant-in-aid made to a municipality pursuant to section 13a-175s.]

[(15)] (12) "Supplemental project obligation" means bonds or serial notes issued by a municipality for the purpose of financing the portion of the costs of an eligible bridge project not met from the proceeds of a [project grant or project loan] grant.

Sec. 4. Section 13a-175q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The establishment of a program for the removal, replacement, reconstruction, rehabilitation or improvement of local bridges is a matter of state-wide concern affecting the health, safety and welfare of the inhabitants of the state and of persons traveling within the state. It is the policy of the state to establish a timely and efficient method for municipalities to participate in this program and in furtherance thereof, sections 13a-175p to 13a-175u, inclusive, are intended to provide authority for municipalities to approve local bridge projects, and, in connection therewith, to authorize project [loan] agreements, and the issuance of [project loan obligations and] supplemental project obligations. For the purpose of ensuring and encouraging participation by municipalities in the benefits of the local bridge program, the powers of municipalities are expressly enlarged and expanded to include the power to do all things necessary and incident to their participation in the local bridge program under sections 13a-175p to 13a-175u, inclusive, as amended by this act.

Sec. 5. Section 13a-175r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

There is established and created a fund to be known as the "Local Bridge Revolving Fund". The state shall deposit in said fund (1) all proceeds of bonds issued by the state for the purpose of making [project loans and project] grants to municipalities, including proceeds of any special tax obligation bonds which are issued for the purpose of funding the local bridge program, [through project loans and grants,] (2) any and all [payments] repayments of grants or loans made by municipalities, [in respect of project loans including loan interest,] (3) all appropriations for the purpose of making [project loans and project] grants, and (4) any additional moneys from any other source available for deposit into said fund. Moneys deposited in said fund shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding. Amounts in the Local Bridge Revolving Fund shall be expended only for the purpose of funding [project loans and project] grants or for the purchase or redemption of special tax obligation bonds issued pursuant to sections 13b-74 to 13b-77, inclusive.

Sec. 6. Section 13a-175s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The commissioner shall maintain a list of eligible bridges and shall establish a priority list of eligible bridge projects for each fiscal year. In establishing such priority list, the commissioner shall consider the physical condition of each eligible bridge.

[(b) In each fiscal year the commissioner may make project loans to municipalities in the order of the priority list of eligible bridge projects to the extent of moneys available therefor in the Local Bridge Revolving Fund. Each municipality undertaking an eligible bridge project may apply for and receive a project loan or loans. The aggregate amount of project loans made to a municipality with respect to any project shall be equal to the amount requested by the municipality up to an amount not to exceed fifty per cent of the project costs allocable therefor to such municipality.

(c) Each project loan shall be made pursuant to a project loan agreement between the state, acting by and through the commissioner, and the borrowing municipality and shall be evidenced by a project loan obligation of the borrowing municipality issued in accordance with section 13a-175t. Each project loan agreement shall be in the form prescribed by the commissioner, provided that each project loan agreement shall provide for a project loan obligation bearing interest at the rate of six per cent per annum payable quarterly and maturing no later than ten years from the date of such obligation.]

[(d)] (b) In each fiscal year the commissioner may make [project] grants to municipalities in the order of the priority list of eligible bridge projects to the extent moneys are available therefor. Each municipality undertaking an eligible bridge project may apply for and receive a [project] grant equal to its grant percentage multiplied by the project costs allocable to such municipality. Notwithstanding the provisions of this section, in order to protect the public health and safety, the commissioner may make any grant to a municipality for an eligible bridge project without regard to the priority list if, in the opinion of the commissioner, an emergency exists making the removal, replacement, reconstruction, rehabilitation or improvement of an eligible bridge more urgent than any other eligible bridge project with a higher priority on such list.

[(e)] (c) All applications for [project loans and project] grants for the fiscal year ending June 30, 1985, shall be filed with the commissioner no later than October 1, 1984, and for each succeeding fiscal year all such applications shall be filed with the commissioner no later than [March] May first of the preceding fiscal year. [next preceding.] The commissioner may for good cause extend the period of time in which any such application may be filed.

(d) The terms and conditions of each such grant made by the state, acting by and through the commissioner, may be prescribed by the commissioner. Any such grant made by the commissioner shall not be deemed to be a public works contract, as defined in section 46a-68b, and the requirements for public works contracts provided in chapters 58 and 814c shall not apply to such grant.

[(f) A project grant or project loan] (e) A grant shall not be made to a municipality with respect to an eligible bridge project unless: (1) Each municipality undertaking such project has available to it, or has made arrangements satisfactory to the commissioner to obtain, funds to pay that portion of the project costs for which it is legally obligated and which are not met by [project loans or project] grants; (2) each municipality undertaking such project provides assurances satisfactory to the commissioner that it will undertake and complete such project with due diligence and that it will operate and maintain the eligible bridge properly after completion of such project; (3) each municipality undertaking such project and seeking a [project loan or a project] grant has filed with the commissioner all applications and other documents prescribed by the commissioner; (4) each municipality undertaking such project and seeking a [project loan or a project] grant has established separate accounts for the receipt and disbursement of the [proceeds of project loans and project] grants; and (5) in any case in which an eligible bridge is owned or maintained by more than one municipality, evidence satisfactory to the commissioner that all such municipalities are legally bound to complete their respective portions of such project. Notwithstanding any provisions of this subsection, the commissioner may make an advance grant to a municipality for the purpose of funding the engineering cost of an eligible bridge project. Such grant shall equal the municipality's grant percentage multiplied by the engineering cost, [which cost shall not exceed fifteen per cent of the construction cost of the project,] provided the amount of such advance shall be deducted from the total grant for the project.

[(g) Notwithstanding the provisions of subsections (b) and (d) of this section, the commissioner may make project grants and project loans with respect to an eligible bridge project without regard to the priority list of eligible bridge projects if a public emergency exists requiring the immediate removal, replacement, reconstruction, rehabilitation or improvement of the eligible bridge of such project to protect the public health and safety.]

(f) No grant for an eligible bridge project made pursuant to this section shall be deemed to be a proposed state action, activity or critical activity, as such terms are defined in section 25-68b, for the purposes of sections 25-68b to 25-68h, inclusive.

Sec. 7. Section 13a-175t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) A municipality may authorize [(1) the execution and delivery of project loan agreements; (2) the issuance and sale of project loan obligations to finance its obligations under a project loan agreement; and (3)] the issuance and sale of its supplemental project obligations, in accordance with such statutory and other legal requirements as govern the issuance of obligations and the making of contracts by the municipality. Supplemental project obligations shall be general obligations of the issuing municipality and each such obligation shall recite that the full faith and credit of the issuing municipality are pledged for the payment of the principal thereof and interest thereon. Obligations authorized under this section shall be subject to the debt limitation provisions of section 7-374.

[(b) The legislative body of a municipality shall hold at least one public hearing on an eligible bridge project, including the authorization of project loan obligations and supplemental project obligations with respect thereto, prior to its vote on the approval or disapproval of the eligible bridge project and the authorization of financing therefor. Notice of the time, place and purpose of the hearing shall be published in a newspaper having general circulation in the municipality not less than five days prior to the day on which such hearing is to be held. For the purposes of this subsection, such five-day period shall include the day upon which such notice is first published, and shall include any Saturday, Sunday or legal holiday which may intervene between such publication and the day on which such hearing is held, but shall not include the day upon which such hearing is held.

(c) Each project loan obligation issued pursuant to this section shall bear interest at the rate of six per cent per annum payable quarterly, shall mature in such amounts and at such time or times not later than ten years from the date thereof and shall contain such other terms and provisions as the project loan agreement under which it is issued provides.

(d) Project loan obligations and supplemental project obligations shall be general obligations of the issuing municipality and each such obligation shall recite that the full faith and credit of the issuing municipality are pledged for the payment of the principal thereof and interest thereon.]

[(e)] (b) Whenever a municipality has authorized the issuance of [project loan obligations or] supplemental project obligations, it may authorize the issuance of temporary notes in anticipation of the receipt of the proceeds from the issuance of its [project loan obligations or] supplemental project obligations. Such temporary notes may be renewed from time to time by the issuance of other notes, provided that any such renewals shall conform to all legal requirements and limitations applicable thereto, including the requirements and limitations set forth in sections 7-378 and 7-378a.

[(f)] (c) Except as otherwise provided in this section, [project loan obligations,] supplemental project obligations and temporary notes issued in anticipation of the receipt of the proceeds thereof shall be issued by a municipality in accordance with such statutory and other legal requirements as govern the issuance of such obligations generally by such municipality, including, where applicable, the provisions of chapter 109.

Sec. 8. Section 13a-175v of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

If an eligible bridge is owned or maintained by more than one municipality, the municipalities owning or maintaining such eligible bridge may enter into an interlocal agreement concerning such eligible bridge. Such interlocal agreement may provide, among other things, that one municipality shall be responsible for undertaking and completing an eligible bridge project, maintaining such eligible bridge project, applying for a [project loan or a project grant, or both,] grant for such eligible bridge project and [repaying a project loan] the apportionment of costs for such eligible bridge project. A municipality is authorized to enter into such an interlocal agreement by vote of its legislative body and the provisions of sections 7-339a to 7-339l, inclusive, shall not be applicable to such interlocal agreement. Any such interlocal agreement entered into prior to May 27, 1987, is validated.

Sec. 9. Section 13a-175w of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

In any case in which an eligible bridge is owned or maintained by more than one municipality and such municipalities enter into or have entered into an interlocal agreement authorized by section 13a-175v, as amended by this act, the commissioner may deem the municipality which has agreed pursuant to such interlocal agreement to undertake, complete and maintain an eligible bridge project to be the only municipality eligible for a [project grant or a project loan, or both,] grant concerning such eligible bridge project and the commissioner may make a [project loan or a project grant, or both,] grant to such municipality without regard to the ownership or other interests of any other municipality in such eligible bridge.

This act shall take effect as follows and shall amend the following sections:
Section 1	November 1, 2013	New section
Sec. 2	July 1, 2013	13b-74(b)
Sec. 3	July 1, 2013	13a-175p
Sec. 4	July 1, 2013	13a-175q
Sec. 5	July 1, 2013	13a-175r
Sec. 6	July 1, 2013	13a-175s
Sec. 7	July 1, 2013	13a-175t
Sec. 8	July 1, 2013	13a-175v
Sec. 9	July 1, 2013	13a-175w

TRA	Joint Favorable
FIN	Joint Favorable