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CHAPTER 242*
TRANSPORTATION DEPARTMENT
*Cited. 185 C. 145, 149.
Table of Contents
Sec. 13b-1. Short title: State Transportation Act.
Sec. 13b-2. Definitions.
Sec. 13b-3. Department of Transportation. Appointment of commissioner.
Sec. 13b-4. Powers and duties of commissioner.
Sec. 13b-4a. Certifications to enable nonprofit corporations and associations to participate in the Urban Mass Transportation Act; regulations.
Sec. 13b-4b. Commissioner's duties and responsibilities re railroads.
Sec. 13b-4c. Certifications re transportation programs for elderly or handicapped.
Sec. 13b-4d. Commissioner's power to declare a state of emergency.
Secs. 13b-5 to 13b-9. Deputy commissioner. Departmental organization. Deputy commissioner of bureaus. Bureau of Planning and Research. Bureau of Administration.
Sec. 13b-10. Employees.
Sec. 13b-10a. Transfer of employees connected with livery service.
Sec. 13b-11. Connecticut Transportation Authority.
Sec. 13b-11a. Connecticut Public Transportation Commission.
Sec. 13b-11b. State-wide transportation goals. Monitoring progress. Reports.
Secs. 13b-12 and 13b-13. Connecticut Aeronautics Commission. Steamship Terminals Commission.
Sec. 13b-14. Long-range planning.
Sec. 13b-15. Master transportation plan.
Sec. 13b-15a. Hartford-New Britain busway project.
Sec. 13b-16. Study of existing transportation facilities.
Sec. 13b-16a. Public transportation analysis.
Sec. 13b-16b. Southwest Corridor Action Council.
Sec. 13b-16c. Commissioner's power to sit on a consortium or trade organization board.
Sec. 13b-17. Regulations re conduct of business. Delegation of duties and responsibilities. Regulations re permit fees.
Sec. 13b-18. Investigations, inquiries and hearings.
Sec. 13b-19. Cooperation with agencies and persons. Bonds for rail freight support facilities.
Sec. 13b-20. Records.
Sec. 13b-20a. Regulations re hiring of consultants.
Sec. 13b-20b. Definitions.
Sec. 13b-20c. Consultant services evaluation and selection panels.
Sec. 13b-20d. Negotiation committees.
Sec. 13b-20e. Prequalification of consultants. Letters of interest for provision of consultant services.
Sec. 13b-20f. Evaluation of consultants having active agreements with department.
Sec. 13b-20g. Notice of need for consultants. Responses.
Sec. 13b-20h. Selection panel. Responsibilities. Meetings.
Sec. 13b-20i. Criteria for selection of consultants.
Sec. 13b-20j. Procedure for selection of consultants. Memorandum re application of evaluation criteria.
Sec. 13b-20k. Negotiations with selected consultants. Memorandum re negotiations.
Sec. 13b-20l. Regulations re selection of consultants.
Sec. 13b-20m. Guidelines for determining reasonableness of consultant services.
Sec. 13b-21. Grants to the department.
Sec. 13b-22. Annual report.
Sec. 13b-23. Additional powers.
Sec. 13b-24. Jurisdiction over state highway system. Responsibility for highways of state.
Sec. 13b-25. Bureau of Highways.
Sec. 13b-26. Alteration of state highway system.
Sec. 13b-27. Limited access highway.
Sec. 13b-28. Agreement with adjoining state.
Sec. 13b-29. Commuter parking facilities. Regulations.
Sec. 13b-30. Maintenance of roads on state property.
Sec. 13b-31. Town highways.
Sec. 13b-31a. Development of guidelines for design and construction of roads and streets in residential subdivisions.
Sec. 13b-31b. Definitions.
Sec. 13b-31c. Designation of scenic roads.
Sec. 13b-31d. Alteration or improvement of scenic road.
Sec. 13b-31e. Regulations.
Sec. 13b-32. Declaration of policy.
Sec. 13b-33. Bureau of Public Transportation.
Sec. 13b-34. Powers of commissioner.
Sec. 13b-34a. Subsidy equalization grants for privately owned bus companies.
Sec. 13b-34b. Annual report re public transportation costs.
Sec. 13b-35. Express finding required before commissioner can exercise power.
Sec. 13b-36. Acquisition of land, buildings, equipment or facilities; right of first refusal of railroad properties and facilities, when.
Sec. 13b-37. Hearing before the Department of Public Utility Control.
Sec. 13b-38. Advice and assistance to transit districts. Grants and loans.
Sec. 13b-38a. Establishment of commuter programs. Advice and assistance to employers. Traffic management programs. Task force to create programs.
Sec. 13b-38b. Ride-sharing organizations. Eligibility for state funds. Plans for transport of the handicapped. Regulations.
Secs. 13b-38c to 13b-38e.
Sec. 13b-38f. Bus shelter construction program.
Sec. 13b-38g. Expansion of mass transportation systems.
Secs. 13b-38h to 13b-38j.
Sec. 13b-38k. Paratransit vehicles defined. Bidding for service programs.
Sec. 13b-38l. Citizens' Transportation Advisory Council. Appointments. Functions and duties.
Secs. 13b-38m and 13b-38n. Survey of special transportation services. Contracts for the regionalization and coordination of special transportation services.
Sec. 13b-38o. Definitions.
Sec. 13b-38p. Voluntary traffic reduction program.
Secs. 13b-38q to 13b-38s. Average vehicle occupancy. Consolidation of traffic management plans. Information to be sent to new affected employers.
Sec. 13b-38t. Assistance to Department of Transportation from Labor Commissioner.
Sec. 13b-38u. Exempted employers.
Sec. 13b-38v. Moneys received for traffic reduction programs.
Sec. 13b-38w. Filing fees.
Sec. 13b-38x. Regulations re traffic reduction program.
Sec. 13b-38y. Penalties.
Secs. 13b-38z and 13b-38aa. State-wide objectives for providing special transportation services. Progress reports of special transportation services.
Sec. 13b-38bb. State matching grant program for elderly and disabled demand responsive transportation. Allocations. Requirements. Data collection.
Sec. 13b-39. Jurisdiction over and responsibility for aeronautics.
Sec. 13b-39a. Registration of aircraft.
Sec. 13b-39b. Aircraft registration forms and decals.
Sec. 13b-39c. Display of registration decal. Certificate of registration.
Sec. 13b-39d. Registration fee.
Sec. 13b-39e. Exemption for military aircraft, government aircraft or aircraft dealers.
Sec. 13b-39f. Penalty for failure to register.
Sec. 13b-39g. Municipality may retain fees.
Sec. 13b-39h. Grants to municipalities.
Secs. 13b-40 and 13b-41. Bureau of Aeronautics. State airways system.
Sec. 13b-42. Airport or restricted landing area owned or leased by the state. Granting of interests. Purchase or taking of airport properties. Agreements with municipalities.
Sec. 13b-43. Municipal airports.
Sec. 13b-44. Establishment and maintenance of state airports.
Sec. 13b-44a. Filing of documents with the Properties Review Board.
Sec. 13b-45. Publication of standards applicable in taking of land.
Sec. 13b-46. Certificate of approval. Licenses.
Sec. 13b-46a.
Sec. 13b-47. Criteria for approval.
Sec. 13b-48. Hearing on application for certificate of approval or license.
Sec. 13b-49. Revocation of certificate of approval or license.
Sec. 13b-49a. Owner or operator of airport or other air navigation facility to submit information re aircraft based or primarily used at such facility. Penalty.
Sec. 13b-50. Cooperation with federal government. State assistance to municipalities and owners of commercial airports.
Secs. 13b-50a to 13b-50o.
Sec. 13b-50p. Complaints re repeated landings or takeoffs by aircraft from real property not licensed as an airport or other air navigation facility.
Sec. 13b-51. Jurisdiction over harbors and navigable waterways.
Sec. 13b-52. Bureau of Waterways.
Sec. 13b-53. Acquisition and operation of facilities.
Sec. 13b-54. Cooperation with other authorities, agencies and persons. Development of water transportation.
Sec. 13b-55. Sale of excess property or rights therein. Rental of facilities.
Sec. 13b-56. (Formerly Sec. 8-211). Harbor improvement agencies.
Sec. 13b-57. (Formerly Sec. 8-212). State grants-in-aid for harbor improvement projects.
Secs. 13b-57a to 13b-57c. Reference by court to arbitration panel. Attorney General to represent state. Actions pending on June 14, 1977.
PART I
GENERAL PROVISIONS
This chapter shall be known
as and may be cited as the "State Transportation Act".
(1969, P.A. 768, S. 1.)
The following terms, when used in this chapter shall have
the following meanings, unless the context otherwise requires:
(a) "Aeronautics", "air navigation facility", "airport" and "restricted landing area"
shall have the meanings prescribed in section 15-34;
(b) "Bureau" means any of the operating bureaus established in the department
pursuant to the provisions of section 4-8;
(c) "Commissioner" means the Commissioner of Transportation appointed pursuant to this chapter;
(d) "Department" means the Department of Transportation established pursuant to
this chapter;
(e) "Highway", "state highway" and "limited access state highway" shall have the
meanings prescribed in section 13a-1;
(f) "Motor carrier" means any person who operates motor vehicles over the highways of this state, whether over regular or irregular routes, in the transportation of
passengers or property, or any class or classes thereof, for hire by the general public or
for hire under special and individual contracts;
(g) "Person" may include the United States, any state, or any agency, instrumentality, department or officer thereof;
(h) "State highway system" shall have the meaning prescribed in sections 13a-14
and 13a-15;
(i) "Transportation" means any form of transportation for people or goods within,
to or from the state, whether by highway, air, water, rail or any other means.
(1969, P.A. 768, S. 2; P.A. 75-247, S. 1, 4; P.A. 77-614, S. 549, 610.)
History: P.A. 75-247 substituted "public transportation" for "rail and motor carrier services" in Subsec. (b); P.A. 77-
614 deleted recital of bureau names and added reference to Sec. 4-8, (qualifications, duties and powers of department
heads), effective January 1, 1979.
There shall be a Department of Transportation which shall be responsible for all aspects
of the planning, development, maintenance and improvement of transportation in the
state. The department head shall be the Commissioner of Transportation, who shall be
appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8,
inclusive, with the powers and duties therein prescribed.
(1969, P.A. 768, S. 3.)
The commissioner shall have
the following general powers, duties and responsibilities:
(1) To coordinate and develop comprehensive, integrated transportation policy and
planning to include a long-range master plan of transportation for the state;
(2) To coordinate and assist in the development and operation of a modern, safe,
efficient and energy-conserving system of highway, mass transit, marine and aviation
facilities and services;
(3) To promote the coordinated and efficient use of all available and future modes
of transportation;
(4) To study commuter and urban travel and in cooperation with federal, regional
and local agencies and persons to formulate and implement plans and programs to improve such travel;
(5) To study means of providing facilities for parking motor vehicles so as to encourage travel by the combination of motor vehicle and other modes of transportation and
in cooperation with federal, regional and local agencies and persons to formulate and
implement plans and programs for this purpose;
(6) To study means of improving transportation safety and to formulate and implement plans and programs and promulgate regulations for this purpose;
(7) To study the operations of existing airports, to determine the need for changes
in such airports and the need for future airports, and to formulate and implement plans
and programs to improve aviation facilities and services;
(8) To cooperate with federal, state, interstate and local agencies, organizations and
persons performing activities relating to transportation;
(9) To exercise and perform such other duties and responsibilities as may be conferred under this chapter and title 13a or as may otherwise be conferred by law;
(10) To prepare a plan setting forth his recommendation for a restructured system
of regional transit districts within the state. Said plan shall be based on: (A) Established
patterns of commuter traffic within the state; (B) federal requirements for receiving aid
under the Urban Mass Transportation Act of 1964, and (C) present planning regions.
On or before February 1, 1978, the commissioner shall present such plan to the General
Assembly;
(11) To prepare pertinent reports, including but not limited to, detailed reports of
energy use analysis by mode of transportation; and
(12) To provide for the planning and construction of any capital improvements and
the remodeling, alteration, repair or enlargement of any real asset that may be required
for the development and operation of a safe, efficient system of highway, mass transit,
marine and aviation transportation, provided the acquisition, other than by condemnation, or the sale or lease, of any property that is used for such purposes shall be subject
to the review and approval of the State Properties Review Board in accordance with the
provisions of subsection (f) of section 4b-3.
(1969, P.A. 768, S. 4; P.A. 77-33, S. 2; 77-614, S. 550, 610; P.A. 81-421, S. 3, 9; P.A. 82-446, S. 3, 4; P.A. 83-587, S.
27, 96; P.A. 91-124, S. 3.)
History: P.A. 77-33 added new Subsec. (j) providing for preparation of plan for restructured regional transit districts
to be presented by February 1, 1978; P.A. 77-614 added new Subsec. (k) providing for preparation of reports, substituted
"integrated" for "balanced" in Subsec. (a), and added "energy conserving" as a qualification in Subsec. (b), effective
January 1, 1979; P.A. 81-421 expanded the powers of the commissioner to include the planning and construction of capital
improvements related to highway, mass transit, marine and aviation transportation while maintaining the role of the state
properties review board; P.A. 82-446 clarified the role of the state properties review board in approving contracts with
architects or engineers; P.A. 83-587 made a technical amendment, restoring language inadvertently dropped in the printing
of the statutes; P.A. 91-124 in Subdiv. (12) deleted the requirement that the properties review board approve selection of
and contract with any architect or engineer.
See chapter 244 (Sec. 13b-80 et seq.) re motor buses.
See chapter 244a (Sec. 13b-95 et seq.) re taxicabs.
See chapter 244b (Sec. 13b-101 et seq.) re motor vehicles in livery service.
See chapter 245 (Sec. 13b-200 et seq.) re railroads and railways.
See chapter 245a (Sec. 13b-244 et seq.) re railroad construction and location.
See chapter 245b (Sec. 13b-324 et seq.) re railroad operations.
See Sec. 13a-95a re award of contracts to small business concerns owned and controlled by socially and economically
disadvantaged individuals.
See Sec. 23-42 et seq. re railroad fire hazards.
State, not town, is liable for defect in a state or state aid highway. 94 C. 542, 595; 105 C. 360. See note to section 13a-
144. Former statute cited. 124 C. 35; 124 C. 677; 125 C. 413, 418; id., 506; 150 C. 374.
Cited. 25 CA 468, 470.
State, not town, liable for damages resulting from nuisance on state aid and trunk line highway. 6 CS 116. Town, not
state, liable for special damages resulting from change of grade on state aid highway. 8 CS 447; 12 CS 115.
Subsec. (i):
Cited. 186 C. 300, 303.
Sec. 13b-4a. Certifications to enable nonprofit corporations and associations
to participate in the Urban Mass Transportation Act; regulations. The Commissioner of Transportation may, at the request of any nonprofit corporation or association
providing transportation services to the elderly or handicapped in this state, certify, to
the extent necessary for such corporation or association to apply for and receive federal
funds for the purchase and maintenance of buses, vans and radiodispatch equipment
under the provisions of the Urban Mass Transportation Act, that such nonprofit corporation or association is providing transportation services for the elderly and handicapped
in this state. Said commissioner may adopt regulations in accordance with the provisions
of chapter 54 to implement the purposes of this section.
(P.A. 77-207.)
Wherever the term "Public Utilities Control Authority" occurs or is referred to in chapters
245, 245a and 245b relating to the duties and responsibilities of said authority, it shall
be deemed to mean or refer to the Commissioner of Transportation.
(P.A. 77-614, S. 571, 610; P.A. 80-483, S. 61, 186.)
History: P.A. 80-483 deleted "with the exception of section 16-141".
See chapter 245 (Sec. 13b-200 et seq.) re railroads and railways.
See chapter 245a (Sec. 13b-244 et seq.) re railroad construction and location.
See chapter 245b (Sec. 13b-324 et seq.) re railroad operations.
See Secs. 23-42 to 23-45, inclusive, re railroad fire hazards.
Notwithstanding any section of the general statutes to the contrary, no state
agency, other than the Department of Transportation, shall expend funds in support of,
or make state property available for use in, any transportation program for the elderly
or the handicapped unless the Commissioner of Transportation certifies, in writing, that:
(1) The commissioner has reviewed and concurs in such expenditure or use; (2) such
expenditure or use is consistent with the transportation policies of the state; and (3)
such expenditure or use will not result in the unnecessary duplication of service. The
provisions of this section shall not apply to any transportation service not available to
the general public that is provided by any such program.
(P.A. 85-428, S. 7, 10; P.A. 02-123, S. 3.)
History: P.A. 02-123 made a technical change for purposes of gender neutrality and exempted from provisions of section
any transportation service not available to the general public, effective June 7, 2002.
(a) Notwithstanding any other provision of the general statutes, the Commissioner of Transportation may declare a state of emergency and may employ, in any manner, such assistance
as he may require to restore any railroad owned by the state or any of its subdivisions or
the facilities, equipment or service of such railroad, or any transit system or its facilities,
equipment or service when: (1) A railroad system owned by the state or any of its
subdivisions or any of the facilities or equipment of such railroad system is deemed by
the commissioner to be in an unsafe condition or when there is an interruption of essential
railroad services, whether or not such system or any of its facilities or equipment is
physically damaged; or (2) a transit facility owned by the state or any of its subdivisions
or the equipment of such facility is damaged as a result of a natural disaster or incurs
substantial casualty loss which results in what is deemed by the commissioner to be an
unsafe condition or when there is an interruption of essential transit services.
(b) When a privately-owned railroad system, its facility or equipment is damaged
as a result of a natural disaster or incurs substantial casualty loss which results in an
unsafe condition or the interruption of essential railroad service, the railroad company
may request the commissioner to declare a state of emergency, and said commissioner
may comply with such request and may provide assistance to such railroad company in
any manner he deems necessary to restore said railroad system, facility, equipment or
service.
(P.A. 94-188, S. 23, 30.)
History: P.A. 94-188, Sec. 23, effective June 2, 1994.
Sections 13b-5 to 13b-9, inclusive, are repealed.
(1969, P.A. 768, S. 5—7, 16, 51; P.A. 75-247, S. 2, 4; P.A. 77-614, S. 609, 610.)
The commissioner may, subject to the provisions of
chapter 67, employ such agents, assistants and employees as he deems necessary to
carry out his duties and responsibilities. He may retain and employ other consultants
and assistants on a contract or other basis for rendering legal, financial, technical or
other assistance and advice.
(1969, P.A. 768, S. 8.)
The employees formerly assigned duties connected with livery service under chapter 244b shall
be transferred from the Department of Public Utility Control to the Department of Transportation pursuant to section 4-38d.
(P.A. 80-372, S. 6; 80-482, S. 3, 40, 345, 348.)
History: P.A. 80-482 deleted "division of public utility control within the department of business regulation" and
substituted "department of public utility control".
Section 13b-11 is repealed.
(1969, P.A. 768, S. 9; P.A. 75-572, S. 1, 5.)
(a) There shall
be in the Department of Transportation a Connecticut Public Transportation Commission which shall be a successor to the Connecticut Public Transportation Authority and
which shall consist of nineteen members, who are electors of the state. Eleven of such
members shall be appointed by the Governor, one of whom shall be a representative of
business and industry and a regular user of railroad or truck freight service; one a regular
commuter using railroad passenger service; one a regular bus user; one who is permanently mobility impaired and a frequent bus user; one a working member of a railroad
labor union; one a working member of a bus labor union; one a representative of railroad
company management; one a representative of trucking company management; two
representatives from separate local transit districts and one a person sixty years of age
or older. The remaining eight members shall have a background or interest in public
transportation and be appointed as follows: Two by the president pro tempore of the
Senate; two by the minority leader of the Senate; two by the speaker of the House of
Representatives; and two by the minority leader of the House of Representatives. The
Commissioner of Transportation, the Commissioner of Environmental Protection, the
Secretary of the Office of Policy and Management and the cochairpersons of the joint
standing committee of the General Assembly having cognizance of matters relating to
transportation, or their respective designees, shall serve as nonvoting, ex-officio members of the commission. The term of each member of the commission shall be four years.
The term of any member who was appointed by the Governor and who is serving on
the commission on October 1, 1985, shall expire December 31, 1985. The term of any
member who was appointed by any legislator and who is serving on the board on October
1, 1985, shall expire December 31, 1987. Vacancies on said commission shall be filled
for the remainder of the term in the same manner as original appointments.
(b) The commission shall advise and assist the commissioner, the Governor and
the joint standing committee of the General Assembly having cognizance of matters
relating to transportation in the performance of their functions and duties relating to the
planning, development and maintenance of adequate rail, bus and motor carrier facilities
and rail, bus and other public transportation services including the adequacy of such
services for elderly and disabled users in the state and any other matters affecting the
quality of public transportation facilities and services in the state. At least once each
year, the commission shall hold public hearings in each of the metropolitan areas, as
determined by the commission, within the state for the purpose of evaluating the adequacy of such rail, bus, motor carrier and other public transportation facilities.
(c) The commission shall assist the commissioner in developing regulations to formalize arrangements between the department and local transit districts, between local
transit districts and transit system operators and between local transit districts.
(d) Repealed by P.A. 77-33, S. 1.
(e) On or before January first, annually, the commission shall submit in writing to
the commissioner and the Governor (1) a list of public transportation projects, which,
if undertaken by the state, would further the policy set forth in section 13b-32, including
projects specifically for elderly and disabled users; (2) recommendations for improvements to existing public transportation service and projects, incorporating transportation
service and projects relative to the needs of elderly and disabled persons and including
proposals for legislation and regulations; (3) recommendations for disincentives to free
parking, including urban and suburban employment centers; (4) off-peak transit services; and (5) the establishment of urban center loop shuttles. The commissioner shall
notify members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, on or before January first, annually, and all
members of the General Assembly on or before February first, annually, of the availability of the commissioner's comments and analysis of priorities. A written copy or electronic storage media of such comments and analysis shall be distributed to members of
such committee who request them. The commissioner shall meet with the commission
at least once during each calendar quarter.
(f) The commission may, upon its own motion, undertake any studies it deems
necessary for the improvement of a balanced public transportation system within the
state, including the improvement of such system for elderly and disabled users. The
commission shall have other powers and shall perform such other duties as the commissioner, the Governor and the General Assembly may delegate to it.
(g) Subject to the provisions of chapter 67, and when authorized to do so by the
commissioner, the Governor or the General Assembly, the commission may appoint
such officers, agents and employees and may retain and employ other consultants or
assistants on a contract or other basis for rendering legal, financial, technical or other
assistance or advice as may be required to carry out duties or responsibilities. The staff
of the department shall be available to assist the commission.
(h) The members of the commission shall receive no compensation for their services
as members but shall be reimbursed for the expenses actually and necessarily incurred
by them in the performance of their duties. No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment,
or any loss or diminution in the rights and privileges pertaining thereto, by reason of
such membership.
(i) A quorum of the commission for the purpose of transacting business shall exist
only when there is present, in person, a majority of its voting membership. The affirmative vote of a majority of the quorum shall be required for the adoption of a resolution
or vote of the commission.
(j) The members of the commission shall elect one of the members as chairperson
with the responsibility to act as presiding officer at meetings of the commission. Regular
meetings shall be held at least once in each calendar month and as often as deemed
necessary by a majority of members. Any member absent from (1) three consecutive
meetings of the commission, or (2) fifty per cent of such meetings during any calendar
year shall be deemed to have resigned from the commission, effective on the date that
the chairperson notifies the official who appointed such member.
(k) The commission shall have access through the Department of Transportation
to all records, reports, plans, schedules, operating rules and other documents prepared
by rail and bus companies operating under contract with the state of Connecticut which
pertain to the operations of such companies and to any documents that the commission
may require from the department to carry out its responsibilities under this section and
sections 13b-16, 13b-17 and 16-343, provided this subsection shall not apply to any
plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units.
(P.A. 75-572, S. 2, 5; P.A. 77-7; 77-33, S. 1; 77-35; 77-208; 77-614, S. 551, 610; P.A. 79-226; P.A. 83-487, S. 2, 33;
P.A. 85-317, S. 1; P.A. 86-235; P.A. 90-219, S. 16; P.A. 98-222, S. 1; P.A. 99-265, S. 3.)
History: P.A. 77-7 changed in Subsec. (j) delegation of responsibility to act as presiding officer to "appoint one of the
members as chairman" with such responsibility; P.A. 77-33 repealed Subsec. (d) which had concerned plan for restructured
system of regional transit districts due on or before February 1, 1976; P.A. 77-35 deleted requirement in Subsec. (e) for
list to include at least one project in each of the urbanized areas within the state; P.A. 77-208 substituted "metropolitan
areas, as determined by the authority" for "urbanized areas" in Subsec. (b); P.A. 77-614 changed composition of public
transportation authority in Subsec. (a) to include commissioner of agriculture and the secretary of the office of policy and
management, deleting the administrator of the Connecticut energy agency, and deleted provision for term of four years
together with the provision for initial terms to start a rotation, effective January 1, 1979; P.A. 79-226 included in Subsec.
(e) submission of the list by the authority to the joint standing committee of the general assembly having cognizance of
transportation matters and added new Subsec. (k) granting access to records; P.A. 83-487 changed authority to commission,
changed membership to include legislative appointees and added attendance requirements for members; P.A. 85-317
amended Subsec. (a) by establishing the term of members at four years and by providing that the term of a person serving
on the commission as of October 1, 1985, and who was appointed by the governor shall expire on December 31, 1985,
and that of any member serving on the commission as of October 1, 1985, and who was appointed by a legislator shall
expire on December 31, 1987, and amended Subsec. (e) by changing the date by which the commission shall submit an
annual list of public transportation projects from February first to January first and by changing the date by which the
commissioner shall present his annual analysis of priorities to the legislature from March first to February first; P.A. 86-
235 amended Subsec. (a) by increasing the membership of the commission to eighteen and requiring the governor to
appoint a person who is permanently mobility impaired and who is a frequent bus user, to the commission; P.A. 90-219
amended Subsec. (e) by adding Subdivs. (3) re recommendations for disincentives to free parking, (4) re off-peak transit
services and (5) re urban center loop shuttles; P.A. 98-222 amended Subsec. (e) by replacing the requirement that the
commissioner submit his written comments to the committee with a requirement that he notify the members of the committee
and all members of the General Assembly that his comments are available upon request in a written format or as electronic
storage media; P.A. 99-265 amended Subsec. (a) to increase membership of the Connecticut Public Transportation Commission from eighteen to nineteen members by adding a person sixty years of age or older, amended Subsec. (b) by requiring
the commission to advise and assist on the adequacy of public transportation services for elderly and disabled users,
amended Subsec. (e) by requiring the commission to include projects specifically for elderly and disabled users in its
submittal of a list of public transportation projects and by requiring the commission to incorporate transportation service
and projects relative to the needs of elderly and disabled persons in its recommendations for improvements to existing
public transportation service and projects, amended Subsec. (f) by allowing the commission to study the improvement of
a balanced public transportation system for elderly and disabled users, made technical changes and made changes re gender
neutrality.
See title 2c re termination under "Sunset Law".
(a) It shall be the state-wide goal: (1) To increase passenger vehicle occupancy levels
and the use of public transportation, (2) to increase average occupancy levels to one
and two-tenths persons per car by the year 2000 and (3) to increase the use of public
transportation and ride sharing so that at least ten per cent of all trips between home
and places of employment occur in vehicles occupied by more than one person by the
year 2000.
(b) The Connecticut Public Transportation Commission shall monitor progress toward achieving the goals established in subsection (a) of this section and, on or before
January 10, 1991, and annually thereafter, shall report its findings and recommendations
to the joint standing committees of the General Assembly having cognizance of matters
relating to transportation and the environment.
(c) On or before January 1, 1991, the Department of Transportation shall report to
the General Assembly on a strategy necessary to increase passenger vehicle occupancy
levels to one and one-quarter persons per car by the year 2010.
(P.A. 90-219, S. 17.)
Secs. 13b-12 and 13b-13. Connecticut Aeronautics Commission. Steamship
Terminals Commission. Sections 13b-12 and 13b-13 are repealed.
(1969, P.A. 768, S. 10, 11; 1972, P.A. 134, S. 6; 238, S. 3.)
Comprehensive long-range planning concerning the future transportation needs of the state shall be coordinated and performed
by the department under the direction and supervision of the commissioner, shall be
directed to all available and future modes of transportation including but not limited to
transportation by highway, air, water and rail, and shall be designed to assure a modern,
safe and efficient system of transportation facilities and services.
(1969, P.A. 768, S. 15.)
(a) The commissioner shall develop
and revise biennially a comprehensive, long-range, master transportation plan designed
to fulfill the present and future needs of the state and to assure the development and
maintenance of an adequate, safe and efficient transportation system. In developing the
plan, the commissioner shall investigate and study all existing transportation facilities
and services in the state and shall examine the feasibility of planning a long-term commercial transportation system, with the goal of coordinating all transportation services,
including airports, seaports, rail, freight and transit systems. The commissioner shall
give particular consideration to reports and studies prepared under the auspices of the
Connecticut interregional planning program relating to the planning and development
of the state and any existing reports, surveys, plans or studies relating to transportation
prepared for or by any agency of the state.
(b) In such plan the commissioner shall: (1) Set forth the commissioner's recommendations for planning, engineering, acquisition of rights-of-way, construction and
reconstruction and rehabilitation and modernization of transportation facilities; (2) consider, among other things, federal air quality standards, conservation and cost of energy
supplies, present and projected travel volumes, reduction in travel volumes due to the
implementation of transportation management programs, safety, maintenance costs and
other sufficiency factors where appropriate, as well as long-range land use, environmental impact, energy impact and economic development patterns of the state; (3) indicate
the order of priority of need for improvements within each mode of transportation,
according to the commissioner's judgment; and (4) indicate the priorities for the next
two and five-year periods, both by need and by fiscal capability, in the area of public
transportation. The indication of such priorities for public transportation shall include
an individual accounting of the amount and source of all funding for each potential
program and an approximate timetable, including the starting and completion dates for
each potential program.
(c) The commissioner shall, relative to the Transportation Equity Act for the 21st
Century: (1) Identify the funds to be received annually in the following categories:
Interstate construction, interstate maintenance, national highway system, bridge, surface
transportation program, interstate transfer, congestion mitigation and air quality, metropolitan planning, special projects and any other category designation under the act; (2)
identify the projects to be funded annually through each funding category; (3) identify
the projects to be funded annually through each category, as a result of the change in
formulas and new flexibility allowed under the Transportation Equity Act for the 21st
Century; (4) identify which projects will require the expenditure of state funds to leverage federal funds; (5) identify the amount and percentage of state funds that must be
expended for each project in order to leverage federal funds; (6) identify the amount of
federal funds that may be expended annually to repair local bridges identified as being
in poor condition; (7) identify the economic impact of the federal funds allocated to the
state in terms of job creation or retention; (8) identify the mass transit projects to be
funded; (9) identify the manner in which the department intends to comply with the
requirements of the Clean Air Act, as amended by P.L. 101-549, and how the department
intends to expend any funds allocated to the department to achieve the goals of the act;
and (10) identify with specificity the expenditures to be made from funds received in
the congestion mitigation and air quality grant in relation to the needs identified by
employers in their compliance plans submitted pursuant to substitute house bill 5659
of the February, 1992, regular session*.
(d) In such plan the commissioner shall identify the amount of funds and projects
to be undertaken pursuant to the Americans with Disabilities Act of 1990.
(e) The plan shall be completed and submitted biennially to the Governor on or
before January thirty-first of each odd-numbered year. The commissioner shall, biennially, on or before January thirty-first of each odd-numbered year, notify all members
of the General Assembly of the availability of the plan. The commissioner shall send a
written copy or electronic storage media of the plan to any member requesting the plan.
(f) In developing and revising the plan, the commissioner may: (1) Conduct public
hearings; (2) consult and cooperate with officials and representatives of the federal
government, neighboring states, interstate commissions and authorities, local agencies
and authorities, interested corporations and other organizations concerning problems
affecting transportation in the state; (3) request and receive from any agency or other
unit of the government of the state or of any political subdivision of the state, or from
any public authority, such assistance and data as may be necessary to enable the commissioner to carry out the commissioner's responsibilities under this section; (4) to the
extent the commissioner may deem appropriate, make use of, and incorporate in the
plan, any existing long-range transportation plan, survey or report developed by any
public or private agency or person; and (5) employ consultants.
(g) Copies of the plan, as revised, shall be kept on file as a public record in the office
of the commissioner.
(1969, P.A. 768, S. 17; P.A. 73-451, S. 2, 3; P.A. 79-23; 79-449, S. 5, 7; P.A. 88-297, S. 15; P.A. 90-230, S. 19, 101;
P.A. 91-216, S. 1; P.A. 92-204, S. 1; P.A. 96-222, S. 3; P.A. 98-222, S. 2; P.A. 00-148, S. 6.)
*Note: Substitute house bill 5659 of the February, 1992, regular session did not become law, but see May Sp. Sess.
P.A. 92-13, S. 2 (Sec. 13b-38p) re compliance plans required pursuant to transportation management programs.
History: P.A. 73-451 revised Subsec. (a) by deleting all four subdivisions and the material containing specific references
to a new major airport, the long-range highway plan and material prepared by the Connecticut Transportation Authority
and substituting general reference to reports and studies prepared under the Connecticut interregional planning program
relating to planning and development and material relating to transportation prepared by any agency of the state and
transferred to new Subsec. (c) the reporting requirement, provided for specifics of the plan in new Subsec. (b) and in
former Subsec. (b), relettered as Subsec. (d), authorized employment of consultants; P.A. 79-23 added in Subsec. (b)(2)
consideration of "federal air quality standards, conservation and cost of energy supplies" and further added requirement
in new Subdiv. (4) that priorities for next one, two and five-year periods by need and by fiscal capability in the area of
public transportation be indicated and provided in Subsec. (c) for submission to the general assembly as well as to the
governor on or before January tenth; P.A. 79-449 added "energy impact" in Subsec. (b)(2); P.A. 88-297 amended Subsec.
(e) to substitute "record" for "document"; P.A. 90-230 made a technical change; P.A. 91-216 added new provision to
Subsec. (a) requiring the commissioner to include in the master transportation plan an examination of the feasibility of a
long-term commercial transportation system; P.A. 92-204 amended Subsec. (b) by adding provision re reduction of traffic
volume due to transportation management programs, added new Subsecs. (c) and (d) re report concerning funding received
pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 and relettered remaining Subsecs. accordingly;
P.A. 96-222 amended Subsec. (a) to require commissioner to develop and revise master transportation plan biennially
instead of annually and Subsec. (e) to require completion and submission of plan biennially, instead of annually, by
January thirty-first of each odd-numbered year instead of January tenth; P.A. 98-222 amended Subsec. (e) by replacing
the submission of the plan to the General Assembly with a requirement that the commissioner notify all members of the
General Assembly that the plan is available upon request in a written format or as electronic storage media; P.A. 00-148
replaced references to "Intermodal Surface Transportation Efficiency Act of 1991" with "Transportation Equity Act for
the 21st Century" and made technical changes.
See Sec. 16a-27 re identification of major transportation proposals in the state plan of conservation and development.
Cited. 35 CS 157, 176.
The Commissioner of
Transportation may designate the Hartford-New Britain busway project to be accomplished on a total cost basis. If the commissioner designates the Hartford-New Britain
busway project as a total cost basis project, the commissioner may enter into a single
contract with a private developer, which includes such project elements as engineering
design and construction. The contract for said project shall be based on competitive
proposals received by the commissioner, who shall give notice of the project and specifications for the project, by advertising, at least once, in a newspaper having a substantial
circulation in the Hartford-New Britain area. Award of the total cost contract shall be
based on qualifications, technical merit of the proposals and cost. The commissioner
shall determine all criteria, requirements and conditions for such proposals and award
and shall have sole responsibility for all other aspects of the contract. If applicable, the
contract shall state clearly the responsibilities of the developer to deliver a completed
and acceptable project on a date certain and the maximum cost of the project.
(P.A. 01-105, S. 5.)
(a) On or before September first annually, the commissioner shall conduct and complete an investigation and
study of the several modes of transportation in the state, in which the commissioner
shall evaluate the adequacy of the facilities and services connected with each such mode
and shall determine the needs of the state transportation system. The commissioner shall
consult with the Connecticut Public Transportation Commission which shall advise the
commissioner in matters pertaining to rail and motor carrier facilities and services. The
studies shall be used in the biennial revision of the comprehensive long-range master
transportation plan.
(b) The commissioner may engage in experimental projects relating to any available
or future mode of transportation, including but not limited to, high speed rail service,
the development of heliports and any means of improving existing transportation facilities and services. The commissioner may be assisted by the commission referred to in
subsection (a) of this section in connection with any such project.
(1969, P.A. 768, S. 18; 1972, P.A. 134, S. 1; 238, S. 1; P.A. 75-572, S. 3, 5; P.A. 83-487, S. 3, 33; P.A. 00-148, S. 7.)
History: 1972 acts deleted in Subsec. (a) "the Connecticut aeronautics commission", "aeronautics", "the steamship
terminals commission" and "harbors and harbor facilities" where they appear; P.A. 75-572 inserted in Subsec. (a) the word
"public" in "Connecticut Transportation Authority" before the word "transportation"; P.A. 83-487 amended section to
reflect change in structure and name of Connecticut Public Transportation Authority; P.A. 00-148 amended Subsec. (a)
by replacing the annual requirement for revision of the comprehensive long-range master transportation plan with a biennial
revision requirement and making a technical change for the purpose of gender neutrality.
The Department of Transportation
shall include, as part of its alternative analysis for all new multilaned expressways on
new locations, an analysis of public transportation, paratransit, or traffic management
program options as part of each alternative. As used in this section, public transportation
shall include, but not be limited to, rail service and fixed route bus service; paratransit
shall include, but not be limited to, carpooling and vanpooling; and traffic management
programs shall include, but not be limited to, employer incentives to promote carpooling,
vanpooling, and public transportation.
(P.A. 90-219, S. 15.)
(a) There is created a Southwest Corridor Action Council which shall advise the Commissioner of Transportation on
issues pertaining to the Southwest Corridor Implementation Plan established pursuant to
section 1 of public act 98-119*.
(b) The council shall consist of nineteen members as follows: (1) The Commissioner
of Transportation, or his designee; (2) the chairpersons and ranking members of the
joint standing committee of the General Assembly having cognizance of matters relating
to transportation, or their designees; (3) two members appointed by the Governor, one
of whom shall be a representative of a regional planning agency and one of whom shall
be a member of the public; (4) two members appointed by the president pro tempore of
the Senate, one of whom shall be a chief elected official of a municipality in the southwest
region of the state and one of whom shall be a representative of the motor transport
industry; (5) two members appointed by the majority leader of the Senate; one of whom
shall be a chief elected official of a municipality in the southwest region of the state and
one of whom shall be a representative of business and industry in the southwest region
of the state; (6) two members appointed by the speaker of the House of Representatives,
one of whom shall be a representative of business and industry in the southwest region
of the state and one of whom shall be a representative of a southwestern Connecticut
regional planning agency; (7) two members appointed by the majority leader of the
House of Representatives, one of whom shall be a representative of business and industry
in the southwest region of the state and one of whom shall be a representative of an
environmental or civic organization; (8) two members appointed by the minority leader
of the Senate, one of whom shall be a representative of an environmental organization
in the southwest region of the state and one of whom shall be a representative of the
Metro North New Haven Rail Commuter Council, established pursuant to section 13b-
212b; and (9) two members appointed by the minority leader of the House of Representatives, one of whom shall be a representative of a council of governments and one of
whom shall be a public member.
(c) The council shall establish its procedures and shall select a chairman from among
its members. The council shall meet quarterly and more often upon the call of the chairman or a majority of its members.
(d) On or before October 1, 1998, the Commissioner of Transportation shall prepare
and present to the council a five-year schedule for the implementation of said plan.
The schedule shall include, but not be limited to, the amount of funding necessary for
implementation of said plan. The commissioner shall update the council on the status
of such schedule every six months.
(e) On or before January 1, 1999, and annually thereafter, the council shall report
to the Governor and to the joint standing committee of the General Assembly having
cognizance of matters relating to transportation on the progress of the Southwest Corridor Implementation Plan.
(P.A. 98-119, S. 2.)
*Note: Section 1 of public act 98-119 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
(a) The Commissioner of Transportation, or his designee, may sit as a
member of the board of a consortium or trade organization organized as a nonstock,
nonprofit corporation pursuant to chapter 602 or any similar law of another state, for
the purpose of coordinating public or private sector transportation systems to provide:
(1) The highest possible quality of transportation services at the lowest practicable cost
to all persons needing such services; (2) the most advanced coordinated programs possible in transportation services; (3) the coordination of transportation services to eliminate
duplication and incomplete coverage in the provision of such services; (4) the greatest
possible state-wide, regional or national integration of transportation service programs;
and (5) the education of the public of the transportation needs of the state and the goals
of the consortium or trade organization which address such transportation needs.
(b) The commissioner, or his designee, may enter into such contracts and other
agreements to further the purposes of each consortium or trade organization organized
in accordance with subsection (a) of this section, and as contained in each consortium's
or trade organization's certificate of incorporation, provided nothing contained in the
certificate of incorporation of each such consortium or trade organization shall obligate
the commissioner, or his designee, sitting as a member of the board of the consortium
or trade organization, to undertake, or participate in, any activity which the commissioner, or his designee, acting in his sole discretion, determines to be in violation of the
general statutes.
(P.A. 98-91, S. 1, 9.)
History: P.A. 98-91 effective May 22, 1998.
(a) The commissioner may issue rules and
regulations for the efficient conduct of the business of the department. The commissioner
may delegate (1) to the Deputy Commissioner of Transportation any of his duties and
responsibilities; (2) to the deputy commissioner for an operating bureau any of his duties
and responsibilities which relate to the functions to be performed by that bureau; (3) to
the Connecticut Public Transportation Commission any of his duties and responsibilities
which relate to the functions to be performed by the commission; and (4) to other officers,
employees and agents of the department any of his duties and responsibilities that the
commissioner deems appropriate, to be exercised under his supervision and direction.
(b) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 establishing reasonable fees for any application submitted to the Department
of Transportation or the State Traffic Commission for (1) a state highway right-of-way
encroachment permit or (2) a certificate of operation for an open air theater, shopping
center or other development generating large volumes of traffic pursuant to sections 14-
311 and 14-311a; provided the fees so established shall not exceed one hundred twenty-
five per cent of the estimated administrative costs related to such applications. The
commissioner may exempt municipalities from any fees imposed pursuant to this subsection.
(1969, P.A. 768, S. 12; 1972, P.A. 134, S. 2; 238, S. 2; P.A. 75-572, S. 4, 5; P.A. 82-341; P.A. 83-487, S. 4, 33; P.A.
84-546, S. 35, 173.)
History: 1972 acts deleted the Connecticut aeronautics commission and the steamship terminals commission from
Subdiv. (3); P.A. 75-572 added "public" before "transportation" in Subdiv. (3); P.A. 82-341 added Subsec. (b) allowing
the commissioner to adopt regulations establishing certain permit fees; P.A. 83-487 amended section to reflect change in
name of Connecticut Public Transportation Authority; P.A. 84-546 made technical change in Subdiv. (3) of Subsec. (a),
substituting the words "the commission" for "such agencies".
Cited. 183 C. 76, 82.
The commissioner may
hold investigations, inquiries and hearings concerning all matters within the jurisdiction
of the department. The commissioner may administer oaths and affirmations, certify to
all official acts, issue subpoenas and compel the attendance and testimony of witnesses
and the production of papers, records, books and documents. If any person refuses to
attend, testify or produce papers, records, books or documents as ordered, a judge of
the Superior Court, upon application of the commissioner, may make such order as may
be appropriate to aid in the enforcement of this section.
(1969, P.A. 768, S. 13.)
Sec. 13b-19. Cooperation with agencies and persons. Bonds for rail freight
support facilities. The commissioner shall cooperate with agencies and persons, governmental or private, charged with or having a substantial interest in (1) planning and
developing a sound state transportation system, (2) regulation of transportation facilities
and services and (3) solving problems connected with transportation. The commissioner
may use any proceeds from the sale of state bonds allocated by the State Bond Commission under subsection (e) of section 2 of special act 76-84, as amended by special act
78-64, special act 79-3 and section 2 of public act 80-350*, to fund no more than ninety
per cent of the cost of the rehabilitation, expansion or construction of rail freight support
facilities, including, but not limited to, public loading platforms, docks and sidings,
ramps, storage areas and access roads, located on public or private property, provided
no such project shall receive more than seventy-five thousand dollars. The commissioner
shall develop and maintain liaison with the Tri-State Regional Planning Commission
established by chapter 291.
(1969, P.A. 768, S. 19; P.A. 79-631, S. 31, 111; P.A. 80-350, S. 1.)
*Note: Section 2 of public act 80-350 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 79-631 substituted in Tri-State Regional Planning Commission "regional planning" for "transportation";
P.A. 80-350 provided in Subdiv. (3) for use of proceeds from sale of state bonds to fund not more than ninety per cent,
and not to exceed seventy-five thousand dollars, for rail freight support facilities.
The commissioner shall keep a record of all proceedings
and orders pertaining to the matters under his direction and copies of all plans, specifications and estimates submitted to him. Said commissioner shall furnish to any court in
this state without charge certified copies of any document or record pertaining to the
operation of the department, and any certified document or record of the commissioner,
attested as a true copy by the commissioner, the Deputy Commissioner of Transportation, the chief engineer of the department, or any deputy commissioner for an operating
bureau, shall be competent evidence in any court of this state of the facts therein contained. The commissioner may delegate to the Deputy Commissioner of Transportation,
the chief engineer, and the deputy commissioners for operating bureaus the authority
to sign any agreement, contract, document or instrument which he is authorized to sign
and any such signature shall be binding and valid.
(1969, P.A. 768, S. 52.)
Former statute cited. 120 C. 435; 150 C. 374.
Highway commissioner, when acting in his official capacity, is immune from suit without consent for he is an agent
of the state. 21 CS 214.
Section 13b-20a is repealed.
(P.A. 79-53; P.A. 83-521, S. 12, 13.)
As used in sections 13b-20b to 13b-20k, inclusive:
(a) "Commissioner" means the Commissioner of Transportation;
(b) "Consultant" means any architect, professional engineer, landscape architect,
land surveyor or accountant who is registered or licensed to practice his profession in
accordance with the applicable provisions of the general statutes, any planner or any
environmental, management or financial specialist;
(c) "Consultant services" includes those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, planners
or environmental, management or financial specialists, as well as incidental services
that members of such professions and those in their employ are authorized to perform;
(d) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity authorized by law to practice the profession of architecture,
landscape architecture, engineering, land surveying, accounting, planning or environmental, management or financial specialization;
(e) "Selection panel" means the evaluation and selection panel established under
section 13b-20c; and
(f) "Negotiation committee" means the committee established under section 13b-
20d.
(P.A. 83-521, S. 1, 13; P.A. 84-546, S. 36, 173.)
History: P.A. 84-546 made technical changes in definition of "consultant"; (Revisor's note: In 1999 a reference to Sec.
13b-20l was changed editorially by the Revisors to Sec. 13b-20k, since section 13b-20l was repealed by P.A. 98-182).
There is established within the Department of Transportation one or more consultant services evaluation and selection panels which shall consist of the following persons from within
the department: (1) Three individuals appointed by the commissioner; (2) one individual
appointed by the bureau head of the bureau for which the specific project is being performed, subject to the approval of the commissioner; and (3) one individual appointed
by the bureau head of any other bureau if such other bureau is requesting the specific
consultant services and if such bureau will be responsible for the administration of the
consultant contract, subject to the approval of the commissioner.
(P.A. 83-521, S. 2, 13; P.A. 85-613, S. 149, 154; P.A. 91-124, S. 4.)
History: P.A. 85-613 made technical changes, authorizing multiple panels where previously a single panel was mentioned and deleting references to "modal" bureaus; P.A. 91-124 deleted the provision requiring that appointees of the
commissioner on the selection panels serve for a one-year term.
There shall be within the Department of
Transportation one or more negotiation committees each of which shall consist of three
individuals, appointed by the commissioner from within the department, none of whom
shall be members of a selection panel.
(P.A. 83-521, S. 3, 13; July Sp. Sess. P.A. 85-1, S. 12, 15.)
History: July Sp. Sess. P.A. 85-1 authorized multiple committees where previously a single committee was mentioned.
Sec. 13b-20e. Prequalification of consultants. Letters of interest for provision
of consultant services. (a) Any consultant who desires to provide consulting services
to the department in any calendar year shall be required to submit, not later than the
fifteenth day of November immediately preceding such calendar year, information concerning their qualifications as may be required by the department. Such consultants shall
provide the department with additional or updated information upon request by the
department. The commissioner shall by January first, annually, analyze the information
submitted and determine those consultants qualified to perform services in areas of
expertise established by the department. The commissioner shall publish annually, in
accordance with the provisions of section 13b-20g, at any time between September first
to October first, a notice that any person, firm or corporation which desires to be listed
with the department as a consultant shall submit such information as required pursuant
to this subsection to the department. Such notice shall also list the areas of expertise
likely to be needed by the department during the next calendar year.
(b) Except as provided in subsection (c) of this section, any consultant, who has
not submitted his qualifications to the department, pursuant to subsection (a) of this
section, shall not be eligible to perform consultant services for the department. Any
prequalified consultant, who has submitted his qualifications to the department, pursuant
to subsection (a) of this section, who desires to provide consultant services to the department in response to a notice published in accordance with the provisions of section 13b-
20g shall submit only a letter of interest to that effect.
(c) If the prequalified list contains less than five consulting firms or does not include
a consultant with a particular expertise required by the department, any consultant may
submit a letter of interest to the department in response to a notice published, in accordance with the provisions of section 13b-20g. The letter of interest shall set forth the
consultant's qualifications for performing the specific service sought by the department.
The selection panel shall then develop a qualified list of consultants in accordance with
sections 13b-20i and 13b-20j.
(P.A. 83-521, S. 4, 13; P.A. 89-152, S. 1; P.A. 91-124, S. 5.)
History: P.A. 89-152 inserted new Subsec. (a) re process for prequalification of consultants and designated former
provisions as Subsec. (b); P.A. 91-124 in Subsec. (a) changed the submittal date from November thirtieth to the fifteenth
and deleted the provision requiring consultants moving into the state or expanding their services to submit information to
the department, in Subsec. (b) added language making prequalification mandatory for those consultants desiring to provide
services to the department and added a new Subsec. (c) establishing procedures for the department to obtain consultant
when the prequalification list does not contain a consultant with the necessary expertise or when the list contains less than
five consultants.
The performance of all consultants who have active agreements with the department shall be evaluated by the supervising unit within the bureau utilizing the consultant
services, at six-month intervals and upon completion of the consultant services. Each
such evaluation shall be kept on file in the supervising unit and a copy filed with the
permanent selection panel.
(P.A. 83-521, S. 5, 13.)
Whenever there is a
need to engage a consultant, the commissioner shall publish a notice in appropriate
professional magazines, professional newsletters and newspapers indicating the general
scope of the assignment and requesting responses in accordance with subsection (b) of
section 13b-20e, and at least once in one or more newspapers having a circulation in
each county of the state. Responses shall be received at the Department of Transportation
not later than fourteen days after the last date on which the notice is published, unless
additional time is specifically authorized by the commissioner, or not later than any
specific date set forth in such notice. For certain specialized projects the notice may
also solicit a full work proposal in addition to the technical qualifications of a firm.
(P.A. 83-521, S. 6, 13; P.A. 89-152, S. 2.)
History: P.A. 89-152 made technical change.
(a) A selection panel
shall be responsible for the preparation of the evaluation of interested consultants and
for the development of a list of prospective consultants for each specific project.
(b) Meetings of a selection panel may be called any time during normal working
hours. All motions and decisions shall require for passage the affirmative vote of at least
three of the members.
(c) A selection panel shall screen all responses submitted in proper form for a project
and shall select five consultant firms for further consideration for appointment and award
of a contract. If fewer than five responses are received, all responses shall be considered
as eligible for further consideration.
(P.A. 83-521, S. 7, 13; P.A. 85-613, S. 150, 154; P.A. 89-152, S. 3; P.A. 91-124, S. 6.)
History: P.A. 85-613 made technical changes; P.A. 89-152 made technical change; P.A. 91-124 in Subsec. (c) changed
the number of firms the department shall interview for a project from seven to five.
In making the initial review
of responses and in all other steps of the selection process, the commissioner and the
selection panel shall be guided by the following objective criteria:
(1) Specialized design and technical competence of the consultant firm regarding
the types of service required;
(2) Capacity and capability of the firm to perform the work, including any specialized services, within the time limitations;
(3) Past record of performance on contracts with the state and other clients with
respect to such factors as control of costs, quality of work, conformance with program
and cooperation with client;
(4) The volume of work performed by the firm within the previous three years for
the Department of Transportation and the volume of work to be completed by such
firm, if any, with the objective of effecting an equitable distribution of contracts among
qualified firms and of assuring that the interest of the public in having available a substantial number of qualified firms is protected, provided, the principle of selection of the
most highly qualified firms is not violated; and
(5) Where a full work proposal process is utilized, the degree to which the consultant's proposal satisfies the requirements of the department.
(P.A. 83-521, S. 8, 13; P.A. 89-152, S. 4.)
History: P.A. 89-152 added provision in Subdiv. (4) re providing department with information re work to be completed
by firm for the department.
(a) A selection panel shall conduct interviews with the five
consultant firms selected, or if fewer than five responses are received, the panel shall
conduct interviews with all such firms and present the names of all the consultant firms
responding to the commissioner.
(b) A selection panel shall proceed to furnish a list of the most qualified consultant
firms to the commissioner, or the names of all the consultant firms responding if fewer
than five respond. A panel shall prepare a memorandum of the selection process, indicating how the evaluation criteria were applied to determine the most qualified firms, which
shall be available to the public after execution of the contract with the selected consultant.
The commissioner shall select a consultant from among the list of firms submitted by
a selection panel. After the commissioner has made his selection, the names of the
consultant firms submitted to the commissioner shall be available to the public upon
request. The commissioner shall also prepare a memorandum of the final phase of the
selection process, indicating how he applied the evaluation criteria to determine the
most qualified firm. Such memorandum shall be available to the public after execution
of the contract with the selected consultant.
(P.A. 83-521, S. 9, 13; P.A. 85-613, S. 151, 154; P.A. 91-124, S. 7.)
History: P.A. 85-613 made technical changes; P.A. 91-124 in Subsecs. (a) and (b) changed the number of firms the
department shall interview for a project from seven to five.
(a) Upon notification by the commissioner of his selection, the bureau head who
will administer the contract shall notify the consultant of his selection. The selected
firm shall be audited if necessary prior to negotiations and also during the contract life
in accordance with federal statutes, the general statutes and regulations adopted pursuant
to such statutes. A member of the negotiation committee shall be present at all such
audit meetings.
(b) The selected consultant shall send its fee proposal to the negotiation committee.
The appropriate bureau of the department shall prepare a comparative fee proposal
that shall also be submitted to a negotiation committee. The committee shall complete
negotiations and submit appropriate data to the initiating bureau for the purpose of
processing an agreement.
(c) Prior to a contract being executed, the selected consultant shall execute a certificate stating that wage rates and other factual unit costs supporting the compensation are
accurate, complete and current at the time of contracting and the consultant firm shall
provide to the bureau responsible for administering the project a list of individuals who
are expected to contribute to the project.
(d) Any such contract shall contain a provision that the original contract price and
any additions thereto shall be adjusted to exclude any significant sums by which the
commissioner determines the contract price was increased due to inaccurate, incomplete
or noncurrent wage rates and other factual unit costs. All such contract adjustments shall
be made within one year following the end of the contract.
(e) If the negotiation committee is unable to negotiate a satisfactory contract with
the firm selected by the commissioner, at a price the committee determines to be fair,
competitive and reasonable, negotiations with that firm shall be formally terminated.
The commissioner shall select a consultant from the remaining firms on the list submitted
by the selection panel and the procedure established under this section shall be followed.
(f) Should the negotiation committee be unable to negotiate a satisfactory contract
with any of the firms selected by the panel, the panel shall select additional firms and
the procedures established under section 13b-20j and this section shall be followed.
(g) After award of a contract under sections 13b-20b to 13b-20k, inclusive, the
negotiation committee shall prepare a memorandum setting forth the principal elements
of the negotiations with each firm. Such memorandum shall contain sufficient detail to
reflect the significant considerations controlling price and other terms of the contract.
The memorandum shall be available to the public upon request.
(P.A. 83-521, S. 10, 13; P.A. 85-613, S. 152, 154.)
History: P.A. 85-613 made technical change; (Revisor's note: In 1999 a reference to Sec. 13b-20l in Subsec. (g) was
changed editorially by the Revisors to Sec. 13b-20k, since section 13b-20l was repealed by P.A. 98-182).
Section 13b-20l is repealed, effective July 1, 1998.
(P.A. 83-521, S. 11, 13; P.A. 98-182, S. 21, 22.)
In order to promote engineering and design quality and ensure maximum competition by firms providing consultant services, as defined in section 13b-20b, the Secretary
of the Office of Policy and Management, in consultation with the Commissioner of
Transportation, shall establish guidelines for determining the reasonableness and allowability of various cost factors which shall include, but not be limited to, salary limits,
benefits and expense reimbursement.
(P.A. 96-222, S. 24, 41.)
History: P.A. 96-222 effective June 4, 1996.
The commissioner may apply for and
accept on behalf of the state any grants from the federal government or any agency
thereof, or from any foundation, corporation, association or individual, for any of the
functions or purposes of the department, and may expend any money so received to
effect any of such functions or purposes. The powers granted under this section shall
be in addition to and shall in no way limit the authority granted in part I of chapter 240
or any other provision of law.
(1969, P.A. 768, S. 53.)
The commissioner shall compile and submit to the
Governor an annual report as provided in section 4-60. The report shall include the
recommendations of the commissioner for legislation necessary to develop and maintain
a modern, efficient and well-balanced transportation system.
(1969, P.A. 768, S. 14.)
The commissioner shall have such additional
powers, incidental to the express powers granted under this chapter and title 13a, as
may be necessary or proper for the effective performance of his powers and duties.
(1969, P.A. 768, S. 54.)
Cited. 35 CA 9, 10. Cited. 36 CA 49, 50.
PART II
HIGHWAYS
(a) The commissioner shall have jurisdiction over the state highway
system with all the powers and duties prescribed in this chapter, in title 13a and as
otherwise provided by law.
(b) The Commissioner of Transportation shall have general responsibility for the
highways of the state, with all the powers and duties established under title 13a, this
chapter and as otherwise provided by law.
(1969, P.A. 768, S. 20, 69.)
Cited. 202 C. 158, 169.
Section 13b-25 is repealed.
(1969, P.A. 768, S. 21; P.A. 77-614, S. 609, 610.)
(a) The commissioner shall
make such alterations in the state highway system as he may from time to time deem
necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any
such alteration he shall consider the best interest of the state, taking into consideration
relevant factors including the following: Traffic flow, origin and destination of traffic,
integration and circulation of traffic, continuity of routes, alternate available routes and
changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner. All alterations in said highway system shall be consistent
with the comprehensive long-range master transportation plan. Each biennium the commissioner shall notify all members of the General Assembly of the availability of the
plan. A member requesting a plan shall be sent a written copy or electronic storage
media of the plan by the commissioner.
(b) The commissioner may plan, design, lay out, construct, alter, reconstruct, improve, relocate, maintain, repair, widen and grade any state highway whenever, in his
judgment, the interest of the state so requires. Except when otherwise provided by statute, he shall exercise exclusive jurisdiction over all such highways, and shall have the
same powers relating to the state highway system as are given to the selectmen of towns,
the mayor and common council of any city and the warden and burgesses of any borough
in relation to highways within their respective municipalities. In laying out or building
a state highway the commissioner shall follow the procedures of sections 13a-57 and
13a-58.
(c) The commissioner, where necessary in connection with the construction, reconstruction, repair or relocation of a state highway, may relocate, reconstruct or adjust the
grade or alignment of any locally maintained highway using standards of construction
resulting in safety and convenience. Any highway so changed shall continue to be maintained by the town, city or borough after the completion of such construction, reconstruction, repair or relocation.
(d) The commissioner is authorized and directed, to the full extent but only to the
extent permitted by moneys and appropriations becoming available under sections 13a-
184 to 13a-197, inclusive, or any other law but subject to approval by the Governor of
allotment thereof, forthwith to undertake and proceed with the projects prescribed in
section 13a-185 and, to that end, said commissioner with respect to any such project is
authorized to do and perform any act or thing regarding the projects which is mentioned
or referred to in said section 13a-185.
(e) Subject to the limitations referred to in subsection (d) of this section and in order
to effectuate the purposes of said subsection, said commissioner is authorized (1) to
plan, design, lay out, construct, reconstruct, relocate, improve, maintain and operate the
projects, and reconstruct and relocate existing highways, sections of highways, bridges
or structures and incorporate or use the same, whether or not so reconstructed or relocated
or otherwise changed or improved, as parts of such projects; (2) to retain and employ
consultants and assistants on a contract or other basis for rendering professional, legal,
fiscal, engineering, technical or other assistance and advice; and (3) to do all things
necessary or convenient to carry out the purposes and duties and exercise the powers
expressly given in said sections 13a-184 to 13a-197, inclusive. Except as otherwise
stated in subsection (d) of this section, nothing contained in said sections 13a-184 to
13a-197, inclusive, shall be construed to limit or restrict, with respect to the projects,
any power, right or authority of the commissioner existing under or pursuant to any
other law.
(f) (1) Whenever a state of emergency, as a result of a disaster, exists in the state
or any part of the state, and is so declared to be under the provisions of any federal law
or state statute, and the state highway system becomes damaged as a result of such
disaster, or (2) whenever the commissioner declares that an emergency condition exists
on any highway in the state which demands immediate attention to insure the safety of
the traveling public, whether or not such highway is damaged, the commissioner may,
notwithstanding any other provision of the statutes, employ, in any manner, such assistance as he may require to restore said highway system to a condition which will provide
safe travel or to correct the emergency condition so declared by the commissioner.
(1969, P.A. 118; 768, S. 22; P.A. 85-613, S. 114, 154; July Sp. Sess. P.A. 85-1, S. 10, 15; P.A. 87-300, S. 1, 3; P.A.
98-222, S. 3.)
History: 1969 P.A. 118, which in fact amended Sec. 13a-3(h), the prior statute addressing this subject matter and which
was repealed by 1969 P.A. 768, S. 243, added provisions which, among other things, authorized the commissioner to
declare emergency condition to exist whether or not the highway is damaged and also to correct the emergency condition;
1969 P.A. 768, S. 22 created present Sec. 13b-26 and the previously mentioned new provisions in 1969 P.A. 118 were
incorporated in Subsec. (f); P.A. 85-613 made technical changes, substituting references to Sec. 13a-197 for references to
Sec. 13a-198; July Sp. Sess. P.A. 85-1 amended Subsec. (f) by adding provisions re disapproval of declarations by board;
P.A. 87-300 amended Subsec. (f) by eliminating reference to the transportation accountability board's power to disapprove
declarations, in keeping with termination of board's existence; P.A. 98-222 amended Subsec. (a) by replacing the report
to the legislature with a requirement that the commissioner notify all members of the General Assembly that the plan is
available upon request in a written format or as electronic storage media.
Cited. 202 C. 158, 169.
Subsec. (f):
Cited. 204 C. 212, 214, 222, 223.
The commissioner, with the advice and
consent of the Governor and the Attorney General, may designate a proposed state
highway, or portion thereof, as a limited access highway so as to allow access thereto
only at highway intersections or at designated points, when in their opinion such limitation of access would be in the interest of public convenience, safety and necessity. With
respect to such highway or portion thereof, the commissioner shall have and exercise
all the powers and authority vested in him by statute concerning state highways.
(1969, P.A. 768, S. 23.)
See Sec. 14-238a re illegal entry on limited access highway.
Notwithstanding the provisions of
any other statute, the commissioner, with the approval of the Attorney General and the
Governor, is authorized to enter into agreements with the corresponding official of any
adjoining state for surveys, plans, specifications, estimates and the acquisition of rights-
of-way for, and for the construction and maintenance of, highways, bridges and approaches thereto crossing the state line. The provisions of such agreements may be
carried out either by the commissioner or by the adjoining state as necessity, convenience
or economy requires, provided no commitments or expenditures of state funds shall be
made by the commissioner without the approval of the Governor.
(1969, P.A. 768, S. 24; P.A. 80-83.)
History: P.A. 80-83 added "and the acquisition of rights-of-way".
(a) Notwithstanding the
provisions of any other statute, the commissioner may develop plans for, construct and
maintain commuter parking facilities at locations along automobile routes that will reduce peak traffic demands on highway systems and at locations that will encourage the
use of carpools, vanpools and mass transportation facilities such as, but not limited to,
bus or railroad lines. Any such parking facilities which are not regulated by municipalities on October 1, 1983, may be used only for routine, temporary parking by persons
using carpool or vanpool vehicles or mass transportation facilities. The commissioner
shall adopt regulations in accordance with the provisions of chapter 54 governing the
use of such parking facilities. Violation of any provision of any such regulations shall
be an infraction.
(b) Such parking facilities may use space on, above or under highway rights-of-
way. Funds expended by the Commissioner of Transportation on such parking facilities
shall be divided between the needs of individuals who commute by automobile and
individuals who commute by any of the various forms of mass transportation to insure
that the needs of each commuter for adequate parking facilities along railroad lines, bus
routes, automobile routes or the lines or routes of other forms of transportation are not
neglected. The commissioner may enter into agreements with federal, state or local
governmental agencies to develop such plans, and to construct and maintain such facilities. The provisions of such agreements may be carried out by the commissioner or the
state or local agency as necessity, convenience or economy requires. If and when the
Congress of the United States provides financial aid to states for the planning, construction or maintenance of commuter parking facilities, the commissioner may do any and
all other acts and things necessary or desirable to take advantage of such financial aid
on behalf of the state in the same manner as is provided in section 13a-165 for federal
aid for highways. Contracts for such construction shall be carried out in the manner
provided by statute and regulations pursuant thereto for public works. The commissioner
may acquire in the name of the state such real property as is necessary to construct and
maintain such commuter parking facilities in the same manner and with like powers
as authorized and exercised by said commissioner in acquiring real property for state
highway purposes.
(1969, P.A. 105, S. 1; 768, S. 25; P.A. 78-50; P.A. 83-53.)
History: 1969, P.A. 105, which in fact amended Sec. 13a-3a, the prior statute addressing this subject matter and which
was repealed by 1969, P.A. 768, Sec. 243, added in conjunction with commuter parking lots at locations "including space
on, above or under highway rights-of-way"; 1969, P.A. 768, S. 25 created present Sec. 13b-29 and the new provisions in
1969, P.A. 105 were incorporated; P.A. 78-50 added "along automobile routes" in conjunction with "commuter parking
facilities at locations", further added "such as, but not limited to, bus or railroad lines" to "encourage the use of mass
transportation" and deleted "or reduce peak traffic demands on highway systems", further added policy for dividing funds
between needs of automobile commuters and those who commute by mass transportation to the end that neither are
neglected; P.A. 83-53 divided section into Subsecs., included specific mention of carpools and vanpools and limited use
of commuter parking facilities not regulated by municipalities and required adoption of regulations governing use of
facilities.
See Secs. 4b-1 and 4b-51 re limitations on Public Works Commissioner's authority over capital improvement projects.
See Sec. 13a-73 re acquisition of real property.
From funds appropriated
to the Department of Transportation for general operations, the Commissioner of Transportation shall, on request of the state agency having jurisdiction over the property
involved, maintain and improve the roads and drives on the grounds of state institutions,
state parks, state forests and other state agencies, including the Connecticut Marketing
Authority, such maintenance to include the removal of snow.
(1969, P.A. 768, S. 70; P.A. 73-675, S. 41, 44; P.A. 75-568, S. 34, 45.)
History: P.A. 73-675 changed "highway" to "transportation" fund, effective July 1, 1974; P.A. 75-568 deleted "out of
the transportation fund" following "from funds appropriated".
Cited. 186 C. 300, 301, 303, 304, 306, 307, 309, 310. Cited. 228 C. 358—361, 363, 365, 367—369. Cited. 239 C. 265.
Cited. 26 CA 74, 78, 79. Cited. 29 CA 565, 567; judgment reversed, see 228 C. 358 et seq. Cited. 44 CA 651.
The Commissioner of Transportation may, upon
application of the selectmen or other authority having charge of highways of any town,
furnish supervision, inspectors and engineers for any purpose connected with the laying
out, repair, reconstruction or maintenance of any highway or bridge. Any expense incurred in furnishing any such assistance shall be paid by the town to the State Treasurer
on certification by the commissioner.
(1969, P.A. 768, S. 72.)
See Sec. 13a-175f re joint purchase of materials for use in highway or bridge projects by Transportation Department
and town.
Sec. 13b-31a. Development of guidelines for design and construction of roads
and streets in residential subdivisions. The Commissioner of Transportation shall
develop guidelines for the design and construction of roads and streets in residential
subdivisions. Such guidelines shall be based upon considerations of safety, maintenance
and cost effectiveness and shall be distributed to municipal and regional planning agencies throughout the state who may use such standards in the adoption of municipal
subdivision regulations.
(June Sp. Sess. P.A. 83-10, S. 1, 4.)
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