Bill Text: CT SB01003 | 2011 | General Assembly | Introduced
Bill Title: An Act Concerning The Connecticut Airport Authority.
Spectrum: Slight Partisan Bill (Democrat 16-8)
Status: (Passed) 2011-06-30 - Signed by the Governor [SB01003 Detail]
Download: Connecticut-2011-SB01003-Introduced.html
General Assembly |
Governor's Bill No. 1003 | ||
January Session, 2011 |
LCO No. 3595 | ||
*03595__________* | |||
Referred to Committee on Commerce |
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Introduced by: |
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SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. |
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AN ACT CONCERNING THE CONNECTICUT AIRPORT AUTHORITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) "General aviation airports" means the state-owned and operated airports, including Danielson Airport, Groton/New London Airport, Hartford Brainard Airport, Waterbury-Oxford Airport and Windham Airport.
Sec. 2. Section 15-101mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a [Bradley Board of Directors] Connecticut Airport Authority to oversee the operation and development of Bradley International Airport, Danielson Airport, Groton/New London Airport, Hartford Brainard Airport, Waterbury-Oxford Airport and Windham Airport.
(b) The [Bradley Board of Directors] Connecticut Airport Authority Board of Directors shall consist of seven members, appointed as follows, with the advice and consent of the General Assembly: The Commissioner of Transportation and the Commissioner of Economic and Community Development, each serving ex-officio, a representative appointed by the speaker of the House of Representatives, [from the Connecticut Transportation Strategy Board, created by section 13b-57e] a representative of one of the general aviation airports, a representative appointed by the minority leader of the House of Representatives from among the members of the Bradley International Community Advisory Board, as created by section 15-101pp and [three] five private sector members appointed as follows: (A) The Governor shall appoint [one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005] three members, one of whom shall be designated as the chairperson, (B) the president pro tempore of the Senate shall appoint one member, [whose first term shall expire on June 30, 2005,] (C) the minority leader of the Senate shall appoint one member. [whose first term shall expire on June 30, 2005.] The term of office of each [successor] member shall be four years from the date of appointment or until such member's successor is appointed and has qualified, whichever is later. In the initial term of the authority, at least one appointment by the Governor shall be from the authority's predecessor, the Bradley Board of Directors.
(c) Each member before entering upon the member's duties shall take and subscribe to the oath required by article XI, section 1 of the State Constitution.
(d) The appointed members shall be senior business leaders or executives who have management experience with corporate or institutional organizations, and shall include individuals who have expertise and experience in one or more of the following areas: Financial planning, budgeting and assessment, marketing, master planning, strategic planning and transportation management.
(e) A member who misses three consecutive meetings shall be deemed to have resigned.
(f) The [Bradley Board of Directors] Connecticut Airport Authority Board of Directors shall elect a vice-chairperson annually from among the appointed members.
(g) The powers of the [Bradley Board of Directors] Connecticut Airport Authority Board of Directors shall be vested in and exercised by not less than five of its members. Such number of members shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action of the [Bradley Board of Directors] Connecticut Airport Authority.
(h) Members of the [Bradley Board of Directors] Connecticut Airport Authority Board of Directors shall receive no compensation. The [Bradley Board of Directors] Connecticut Airport Authority is a public agency, as defined in section 1-200, for purposes of the Freedom of Information Act, and is a quasi-public agency, as defined in section 1-79, for purposes of chapter 10.
(i) It shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the authority's board of directors, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the authority in specific respect to such person, firm or corporation.
(j) No officer or employee of this state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of acceptance of membership on the board of directors of the authority or service thereon.
Sec. 3. Section 15-101nn of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Bradley Board of Directors] Connecticut Airport Authority shall have the duty, power and authority to: (1) [In consultation with the Commissioner of Transportation, develop] Develop an organizational and management structure that will best accomplish the goals of Bradley International Airport and the general aviation airports; (2) approve the annual capital and operating budget of Bradley International Airport and the general aviation airports; (3) [act in cooperation with the Connecticut Transportation Strategy Board, created pursuant to section 13b-57e; (4) advocate for Bradley International Airport's interests and] ensure that Bradley International Airport's potential as an economic development resource for the state and region [are] is fully realized; [(5)] (4) ensure that an appropriate mission statement and set of strategic goals for Bradley International Airport and the general aviation airports are established and that progress toward accomplishing the mission and strategic goals is regularly assessed; [(6)] (5) approve a master plan for Bradley International [Airport's master plan] Airport and the general aviation airports; [(7)] (6) establish and review policies and plans for marketing the airport and for determining the best use of airport property; [(8) ensure appropriate independent expertise is available to advise the Bradley Board of Directors, particularly in the areas of strategy and marketing and select consultants as necessary, for purposes related to strategy and marketing, pursuant to procedures established by the board; (9)] (7) ensure customer service standards, performance targets and performance assessment systems are established for the airport enterprise; [(10)] (8) approve community relations policies and ensure that the community advisory board, created pursuant to section 15-101pp, operates effectively to ensure that community comment and information is regularly and fully considered in decisions related to Bradley International Airport and the general aviation airports; [(11)] (9) create a code of conduct for the [Bradley Board of Directors] Connecticut Airport Authority Board of Directors consistent with part I of chapter 10; [(12)] (10) report to the Governor and the General Assembly on an annual basis; [(13) establish procedures to review significant contracts, other than collective bargaining agreements, relating to the operation of Bradley International Airport prior to approval, which procedures shall require completion of each such review no later than ten business days after the board receives the contract; and (14)] (11) adopt rules for the conduct of its business which shall not be considered regulations, as defined in subdivision (13) of section 4-166; (12) receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this chapter subject to such conditions upon which such grants and contributions may be made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this chapter and chapter 242; (13) enter into agreements with any department, agency or instrumentality of the United States or this state to carry out the purposes of this chapter and chapter 242; (14) the extent permitted under this chapter and chapter 242, borrow money or secure credit on a temporary, short-term, interim or long-term basis; (15) issue bonds, bond anticipation notes and other obligations of the authority to the extent permitted under this chapter and chapter 242, to fund and refund the same and provide for the rights of the holders thereof; and to secure the same by pledge of revenues, notes and mortgages of others; (16) acquire, lease, hold and dispose of personal property for its corporate purposes; (17) employ such assistants, agents and other employees and to engage consultants and such other independent professionals as may be necessary or desirable to carry out its purposes in accordance with this chapter and chapter 242 and to fix their compensation; and to provide technical assistance as provided in this chapter and chapter 242; (18) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and (19) do all acts and things necessary or convenient to carry out the purposes of this chapter and chapter 242 and the powers expressly granted by this chapter and chapter 242.
Sec. 4. (NEW) (Effective July 1, 2011) The Connecticut Airport Authority Board of Directors shall appoint an executive director who shall not be a member of the board and who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. The executive director shall be the chief administrative officer of the authority and shall direct and supervise administrative affairs and technical activities in accordance with the directives of the board. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority. The executive director shall perform such other duties as may be directed by the board in carrying out the purposes of this chapter. The executive director shall be exempt from the classified service. The executive director shall attend all meetings of the board, keep a record of the proceedings of the authority and shall maintain and be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
Sec. 5. (NEW) (Effective July 1, 2011) Each member of the Connecticut Airport Authority Board of Directors shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars, or, in lieu thereof, the chairman of the board shall execute a blanket position bond covering each member, the executive director and the employees of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the Attorney General and filed in the office of the Secretary of the State. The cost of each such bond shall be paid by the authority.
Sec. 6. Section 15-101k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
It is found and determined that the acquisition and construction of a modern and improved Bradley International Airport and the maintenance of the general aviation airports, including, but not limited to, renovation and expansion of passenger terminal facilities, improvements to sewer and water delivery systems, installation of enplaning and deplaning devices, construction of new auto parking structures, improvements to the runway and taxiway system, expansion of the aircraft apron area adjacent to the passenger terminal and construction, renovation and expansion of any self-sustaining special facilities appurtenant thereto, including facilities for the provision of cargo, aircraft maintenance, hotel, and other aviation-related functions, are an important inducement for industrial and commercial enterprises to remain or locate in this state and therefore for the benefit of the people of the state, and for the increase of their commerce, welfare and prosperity, the necessity in the public interest of providing such improved facilities is hereby declared as a matter of legislative determination.
Sec. 7. Section 15-101l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [State Bond Commission] Connecticut Airport Authority may authorize the issuance of bonds [of the state] in one or more series and in principal amounts necessary to carry out the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act. Such bonds shall be payable from all or a portion of the revenues of Bradley International Airport and the general aviation airports, as may be specified in the proceedings authorizing such bonds, and may include, among other types of bonds, special purpose revenue bonds payable solely from revenues derived from special purpose facilities, bonds payable from particular sources of revenues and bonds payable in whole or in part from passenger facility charges to the extent permitted under applicable federal law. The [Commissioner of Transportation] Connecticut Airport Authority shall evidence a request to issue bonds by filing with the Treasurer a resolution duly adopted by the board identifying the projects or other improvements to be acquired, constructed and installed at Bradley International Airport or the general aviation airports and requesting issuance by the state of bonds to finance such projects and other improvements; the Treasurer thereupon shall file a request for the issuance of such bonds with the [secretary of the State Bond Commission] Connecticut Airport Authority. The board of directors may appoint a finance or other committee of the board of one or more officers or employees to serve as the board's authorized delegate in connection with the issuance of bonds pursuant to this section.
(b) Bonds issued pursuant to this section shall be [special] obligations of the [state] Connecticut Airport Authority and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, nor shall the state or any political subdivision thereof be subject to any liability thereon except to the extent of such pledged revenues. The issuance of bonds under the provisions of sections 15-101k to 15-101p, inclusive, as amended by this act, shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state or of any political subdivision thereof, except the property mortgaged or otherwise encumbered under the provisions and for the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act. The substance of such limitation shall be plainly stated on the face of each bond. Bonds issued pursuant to sections 15-101k to 15-101p, inclusive, as amended by this act, shall not be subject to any statutory limitation on the indebtedness of the state and such bonds, when issued, shall not be included in computing the aggregate indebtedness of the state in respect to and to the extent of any such limitation.
(c) The bonds referred to in this section may be executed and delivered at such time or times, shall be dated, shall bear interest at such rate or rates, including variable rates to be determined in such manner as set forth in the proceedings authorizing the issuance of the bonds, provide for payment of interest on such dates, whether before or at maturity, shall mature at such time or times not exceeding forty years from their date, have such rank or priority, be payable in such medium of payment, be issued in coupon, registered or book entry form, carry such registration and transfer privileges and be subject to purchase or redemption before maturity at such price or prices and under such terms and conditions, including the condition that such bonds be subject to purchase or redemption on the demand of the owner thereof, all as may be determined by the [State Bond Commission] Connecticut Airport Authority. The [State Bond Commission] Connecticut Airport Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, the manner of execution of the bonds, the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. Prior to the preparation of definitive bonds, the [State Bond Commission] Connecticut Airport Authority may, under like restrictions, provide for the issuance of interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. If any of the officers whose signatures appear on the bonds or coupons cease to be officers before the delivery of any such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until delivery.
(d) Any bonds issued under the authority of sections 15-101k to 15-101p, inclusive, as amended by this act, may be sold at public sale on sealed proposals or by negotiation in such manner, at such price and at such time or times as may be determined by the [Treasurer to be most advantageous, subject to the approval of the State Bond Commission] Connecticut Airport Authority. The state may pay from the proceeds of the bonds all costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance thereof, including the cost of interest on any short-term financing authorized under subsection (b) of section 15-101n, as amended by this act.
(e) The principal of and interest on any bonds issued pursuant to this section shall be secured by a pledge of the revenues out of which such bonds shall be made payable. They may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived or by a pledge of one or more leases, sale contracts or loan agreements with respect to such project or by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of any lessee or contracting party under a loan agreement or sale contract or by a pledge of reserve and sinking funds established pursuant to the resolution authorizing the issuance of the bonds and any other funds and accounts, including proceeds from investment of any of the foregoing, established pursuant to this chapter or the proceedings authorizing the issuance of such bonds, and by moneys paid under a credit facility, including but not limited to, a letter of credit or policy of bond insurance, issued by a financial institution pursuant to an agreement authorized by such proceedings.
(f) The proceedings under which the bonds are authorized to be issued pursuant to this section, and any mortgage given to secure the same, may, subject to the provisions of the general statutes, contain any agreements and provisions customarily contained in instruments securing bonds, including, but not limited to: (1) Provisions respecting custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used for the cost of the project; (2) provisions respecting the fixing and collection of rents or payments with respect to the facilities of Bradley International Airport and the general aviation airports and the application and use of passenger facility charges; (3) the terms to be incorporated in the lease, sale contract or loan agreement with respect to the project; (4) the maintenance and insurance of the project; (5) the creation, maintenance, custody, investment and reinvestment and use of the revenues derived from the operation of Bradley International Airport and the general aviation airports; (6) establishment of reserves or sinking funds, and such accounts thereunder as may be established by the [State Bond Commission] Connecticut Airport Authority, and the regulation and disposition thereof; (7) the rights and remedies available in case of a default to the bondholders or to any trustee under any lease, sale contract, loan agreement, mortgage or trust indenture; (8) reimbursement agreements remarketing agreements, standby bond purchase agreements or similar agreements in connection with obtaining any credit or liquidity facilities including, but not limited to, letters of credit or policies of bond insurance and such other agreements entered into pursuant to section 3-20a; (9) provisions for the issuance of additional bonds on a parity with bonds theretofore issued, including establishment of coverage requirements with respect thereto; (10) covenants to do or to refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds or to maintain any federal or state exemption from tax of the interest on such bonds; and (11) provisions or covenants of like or different character from the foregoing which are consistent with the provisions of this chapter and which the [State Bond Commission] authority determines in such proceedings are necessary, convenient or desirable in order to better secure the bonds or bond anticipation notes, or will tend to make the bonds or bond anticipation notes more marketable, and which are in the best interests of the state. The proceedings under which the bonds are authorized, and any mortgage given to secure the same, may further provide that any cash balances not necessary (A) to pay the cost of maintaining, repairing and operating the facilities of Bradley International Airport and the general aviation airports, (B) to pay the principal of and interest on the bonds as the same shall become due and payable, and (C) to create and maintain reserve and sinking funds as provided in any authorizing resolution, or other proceedings shall be deposited into a Bradley International Airport working fund or a General Aviation Airport working fund to be held in trust by the treasurer and applied to future debt service requirements or other general airport purposes.
(g) In the discretion of the [State Bond Commission] Connecticut Airport Authority, bonds issued pursuant to this section may be secured by a trust indenture by and between the state and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the state in relation to the exercise of its powers pursuant to sections 15-101k to 15-101p, inclusive, as amended by this act, and the custody, safeguarding and application of all moneys. The [state] authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues from the operation of Bradley International Airport and general aviation airports to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the project. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.
(h) Any pledge made by the [state] authority shall be valid and binding from the time when the pledge is made, and the revenues or property so pledged and thereafter received by the [state] authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the state, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(i) The [Treasurer] Connecticut Airport Authority shall have power out of any funds available therefor to purchase bonds or notes of the state issued pursuant to this section and section 15-101n, as amended by this act. The [Treasurer] authority may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders.
(j) Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and bonds are hereby made negotiable instruments within the meaning of and for all purposes of the Uniform Commercial Code, subject only to the provisions of the notes and bonds for registration.
(k) Any moneys held by the [Treasurer] Connecticut Airport Authority with respect to Bradley International Airport and the general aviation airports, or by a trustee pursuant to a trust indenture, subject to the provisions of such indenture, including proceeds from the sale of any bonds and notes, and revenues, receipts and income from the operation of Bradley International Airport and the general aviation airports may be invested and reinvested in such obligations, securities, and other investments, including without limitation participation certificates in the Short Term Investment Fund created in section 3-27a, or deposited or redeposited in such bank or banks, all as shall be authorized by the [State Bond Commission] authority in the proceedings authorizing the issuance of the bonds and notes.
(l) For the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, the costs of the project payable out of the proceeds of bonds issued pursuant to this section shall include: (i) Expenses and obligations incurred for labor and materials in connection with the construction of the project; (ii) the cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in any proceedings to acquire by condemnation, such land, property rights, rights-of-way, franchises, easements and other interests in land as may be deemed necessary or convenient in connection with such construction or with the operation of the project, and the amount of any damages incident thereto; (iii) the costs of all machinery and equipment acquired in connection with the project; (iv) reserves for the payment of the principal of and interest on any notes and bonds issued pursuant to this section and section 15-101n, as amended by this act, and interest accruing on any such notes, during construction of the project and for six months after completion of such construction; (v) initial working capital, expenses of administration properly chargeable to the construction or acquisition of the project, legal, architectural and engineering expenses and fees, costs of audits, costs of preparing and issuing any notes and bonds pursuant to this section and section 15-101n, as amended by this act; and (vi) all other items of expense not elsewhere specified incident to the planning, acquisition and construction of the project or of the placing of the same in operation.
[(m) None of the bonds authorized pursuant to this section shall be issued and sold except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or on said secretary's behalf and stating such terms and conditions as said commission, in its discretion, may require.]
[(n)] (m) For purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, the term "project" shall refer to the renovations and improvements to be acquired and constructed at Bradley International Airport and the general aviation airports as may be specified from time to time by the board in a resolution as contemplated by subsection (a) of this section.
Sec. 8. Section 15-101m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Subject to the provisions of the general statutes and resolution authorizing the issuance of bonds pursuant to subsection (a) of section 15-101l, as amended by this act, the [Commissioner of Transportation] Connecticut Airport Authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by the facilities of Bradley International Airport and the general aviation airports and to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof except that, the [commissioner] authority shall not impose any fee, charge or commission on the gross revenues of off-airport parking operators for the right to access said airport that exceeds five per cent of such gross revenues for calendar quarters commencing on or after July 1, 1997, and prior to July 1, 1998, and four per cent of such gross revenues for calendar quarters commencing on or after July 1, 1998. Such rates, rents, fees and charges shall be fixed and adjusted in respect of the aggregate of rates, rents, fees and charges from the operation of Bradley International Airport and the general aviation airports so as to provide funds sufficient with other revenues or moneys available therefor, if any, (1) to pay the cost of maintaining, repairing and operating the facilities of Bradley International Airport and the general aviation airports and each and every portion thereof, to the extent that the payment of such cost has not otherwise been adequately provided for, (2) to pay the principal of and the interest on any outstanding revenue obligations of the [state] authority issued in respect of the project as the same shall become due and payable, and (3) to create and maintain reserves and sinking funds required or provided for in any resolution authorizing, or trust agreement securing, such bonds. A sufficient amount of the revenues as may be necessary to pay the cost of maintenance, repair and operation and to provide reserves and for renewals, replacements, extensions, enlargements and improvements as may be provided for in the resolution authorizing the issuance of any bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a reserve, sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. The use and disposition of moneys to the credit of such reserve, sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement.
(b) The [Department of Transportation] Connecticut Airport Authority shall designate the beginning and ending dates of the fiscal year for the operation of Bradley International Airport and the general aviation airports. Each year, within ninety days prior to the beginning of the next ensuing fiscal year, the [Department of Transportation] Connecticut Airport Authority shall prepare and submit to the Secretary of the Office of Policy and Management an annual operating budget for Bradley International Airport for such fiscal year, providing for (1) payment of the costs of maintaining, repairing and operating the facilities of Bradley International Airport and each and every portion thereof during such fiscal year, to the extent that the payment of such costs has not otherwise been adequately provided for, (2) the payment of the principal of and interest on any outstanding revenue obligations of the state issued in respect of the project and becoming due and payable in such fiscal year, and (3) the creation and maintenance of reserves and sinking funds required or provided for in any resolution authorizing, or trust agreement securing, such bonds. Such annual operating budget shall include an estimate of revenues from the rates, rents, fees and charges fixed by the [Department of Transportation] authority pursuant to subsection (a), and from any and all other sources, to meet the estimated expenditures of Bradley International Airport and the general aviation airports for such fiscal year. Within thirty days prior to the first day of such fiscal year the Secretary of the Office of Policy and Management shall approve said annual operating budget, with such changes, amendments, additions and deletions as shall be agreed upon prior to that date by the [Department of Transportation] authority and the Secretary of the Office of Policy and Management. The annual operating budget of Bradley International Airport and the general aviation airports as so approved shall take effect as of the date of its approval. On or before the twentieth day of each month, including the month next preceding the first month of the fiscal year to which the annual operating budget applies, the [Treasurer] authority or the trustee under any trust indenture securing the bonds issued under subsection (a) of section 15-101l, as amended by this act, shall pay to the [Department of Transportation] Connecticut Airport Authority out of the funds available for such purpose such amount as may be necessary to make the amount then held by said department for the payment of operating expenses of Bradley International Airport and the general aviation airports equal to such amount as shall be necessary for the payment of such operating expenses during the next ensuing two months, as shown by the annual operating budget for such fiscal year. Except as otherwise provided in sections 15-101k to 15-101p, inclusive, as amended by this act, either expressly or by implication, all provisions of the general statutes governing state employees and state property, and all other provisions of the general statutes applicable to Bradley International Airport and the general aviation airports, shall continue in effect. All pension, retirement or other similar benefits vested or acquired at any time before or after July 1, 1981, with respect to any state employees shall continue unaffected and as if the salaries and wages of such employees continued to be paid out of the general funds of the state.
[(c) On the day the Department of Transportation submits an annual operating budget for Bradley International Airport to the Secretary of the Office of Policy and Management pursuant to subsection (b) of this section, the department shall submit a copy of such budget to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the legislative Office of Fiscal Analysis. Upon the approval of the annual operating budget, the department shall submit a copy of the budget as so approved to said joint standing committee, through the Office of Fiscal Analysis.]
Sec. 9. (NEW) (Effective July 1, 2011) Within the first ninety days of each calendar year, the authority shall report on its operations for the preceding calendar year to the Governor. The authority shall make a report to the General Assembly on or before March fifteenth in each year that the General Assembly meets in general session. The report shall include a summary of the activities of the authority, a complete operating and financial statement and recommendations for legislation to promote the purposes of the authority. The accounts of the authority shall be subject to annual audits by the State Auditors of Public Accounts.
Sec. 10. Section 15-101n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any bonds issued under the provisions of section 15-101l, as amended by this act, or to refund any such bonds issued under such section, and at any time outstanding may at any time from time to time be refunded by the [state] Connecticut Airport Authority by the issuance of its refunding bonds in such amounts as the [State Bond Commission] Connecticut Airport Authority may deem necessary, but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith and to pay costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance of refunding bonds. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature. All refunding bonds issued hereunder shall be payable and shall be subject to and may be secured in accordance with the provisions of section 15-101l, as amended by this act.
(b) Whenever the [State Bond Commission] Connecticut Airport Authority has adopted a resolution authorizing bonds pursuant to section 15-101l, as amended by this act, the [Treasurer] authority may, pending the issue of such bonds [, issue, in the name of the state,] temporary notes and any renewals thereof in anticipation of the proceeds from the sale of such bonds, which notes and any renewals thereof shall be designated "Bond Anticipation Notes". Such portion of the proceeds from the sale of such bonds as may be so required shall be applied to the payment of the principal of and interest on any such bond anticipation notes which have been issued. The principal of and interest on any bond anticipation notes issued pursuant to this subsection may be repaid from pledged revenues or other receipts, funds or moneys pledged to the repayment of the bonds in anticipation of which the bond anticipation notes are issued, to the extent not paid from the proceeds of renewals thereof or of the bonds.
Sec. 11. Section 15-101o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) It is hereby determined that the purposes of sections 15-101k to 15-101p, inclusive, as amended by this act, are public purposes and that the [state] Connecticut Airport Authority will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder. The [state] authority covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the [state] authority pursuant to sections 15-101l and 15-101n, as amended by this act, in consideration of the acceptance of and payment for the notes and bonds, that the principal and interest of such notes and bonds shall at all times be free from taxation, except for estate and gift taxes, imposed by the state or by any political subdivision thereof but the interest on such notes and bonds shall be included in the computation of any excise or franchise tax. The Treasurer is authorized to include this covenant of the [state] authority in any agreement with the holder of such notes or bonds. Any notes or bonds issued by the [state] authority pursuant to sections 15-101l, as amended by this act, and 15-101n, as amended by this act, may be issued on a basis that provides that the interest thereon is intended to be exempt or not to be exempt from federal income taxation, as may be determined by the Treasurer.
(b) Bonds issued under the authority of section 15-101l, as amended by this act, are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter, be authorized by law.
Sec. 12. Section 15-101p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) All revenue from the operation of Bradley International Airport shall be paid to the State Treasurer to be held in trust, and the Treasurer shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a separate account or accounts in banks or trust companies organized under the law of the state or in national banking associations doing business in the state, provided that the Treasurer shall have power to contract with the holders of any notes or bonds issued pursuant to section 15-101l, as amended by this act, or 15-101n, as amended by this act, or with a trustee acting pursuant to a trust indenture for the benefit of such holders, as to the custody, collection, securing, investment and application of the proceeds of such notes and bonds and of the revenue from the operation of Bradley International Airport, and to carry out such contracts. Such account or accounts shall constitute a separate nonlapsing enterprise fund to be known as the "Bradley Enterprise Fund".
(b) All revenue from the operation of the general aviation airports shall be paid to the State Treasurer to be held in trust, and the Treasurer shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a separate account or accounts in banks or trust companies organized under the law of the state or in national banking associations doing business in this state, provided that the Treasurer shall have power to contract with the holders of any notes or bonds issued pursuant to section 15-101l, as amended by this act, or 15-101n, as amended by this act, or with a trustee acting pursuant to a trust indenture for the benefit of such holders, as to the custody, collection, securing, investment and application of the proceeds of such notes and bonds and of the revenue from the operation of the general aviation airports and to carry out such contracts. Such account or accounts shall constitute a separate nonlapsing enterprise fund to be known as the "General Aviation Airports Enterprise Fund".
Sec. 13. Section 15-101t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Notwithstanding the provisions of section 13a-95 and other statutes related to competitive bidding procedures, the [Commissioner of Transportation] Connecticut Airport Authority may direct the construction manager for the Bradley International Airport terminal improvement and renovation project to solicit and prequalify responsible and qualified contractors. The list of prequalified contractors shall be approved by the [commissioner] Connecticut Airport Authority, in consultation with the Commissioner of Transportation. The construction manager shall obtain bids on the different construction elements of the project from the contractors on said list. The construction manager shall evaluate all such bids that are fair and reasonable with regard to the state's interest, from at least three prequalified contractors, and make a recommendation for selection to the commissioner. The [commissioner] authority shall make the final selection and the construction manager shall award the contract to the selected bidder. Any contractor awarded said contract pursuant to this section shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to section 13a-95.
Sec. 14. (NEW) (Effective July 1, 2011) (a) The Connecticut Airport Authority shall be a successor employer to the state and shall recognize existing bargaining units and collective bargaining agreements existing at the time of transfer of the six state-owned airports to the authority. The employees of the authority shall be considered state employees under the provisions of sections 5-270 to 5-280, inclusive, of the general statutes. The authority shall not be required to comply with personnel policies and procedures of the Department of Administrative Services and the Office of Policy and Management with regard to approval for the creation of new positions, the number of such positions, the decision to fill such positions or the time for filling such positions. The authority, not the executive branch, shall have the power to determine whether an individual is qualified to fill a vacancy at the authority. Nonmanagerial employees of the authority shall be members of the classified service. Managerial employees shall be exempt from the classified service. The authority shall have the ability to determine the qualifications and set the terms and conditions of employment of managerial employees including the establishment of incentive plans.
(b) Existing aviation employees of the Department of Transportation in collective bargaining units shall be offered the opportunity to transfer with their position to the authority. If the authority elects to employ a smaller number of persons in such positions at the authority than exist in aviation and ports at the Department of Transportation, the opportunity to transfer to the authority shall be offered on the basis of seniority. Employees who are offered the opportunity to transfer to the authority may decline to do so. Any person who is covered by a collective bargaining agreement as an employee of the Department of Transportation who accepts employment with the authority shall transfer with his or her position and shall remain in the same bargaining unit of which he or she was a member as an employee of the Department of Transportation.
(c) No employee covered by a collective bargaining agreement as an employee of the Department of Transportation shall be laid off as a result of the creation of the authority. Each employee of the Department of Transportation not employed by the authority and by virtue of sections 15-101l to 15-101n, inclusive, of the general statutes, as amended by this act, is no longer employed by the Department of Transportation shall be assigned with his or her position to another state agency. Such opportunities shall be offered in the order of seniority. Seniority shall be defined in the same way as cases of transfer under the appropriate collective bargaining agreements. Such assignments shall be made only with the approval of the Office of Policy and Management and shall be reported at the end of the fiscal year to the Finance Advisory Committee. Employees may choose to be laid off in lieu of accepting any such assignment. In such case, they shall be entitled to all collective bargaining rights under their respective collective bargaining agreements including the State Employees Bargaining Agent Coalition (SEBAC). Sections 1-120, as amended by this act, 1-121, 1-125, as amended by this act, 12-557e, 12-563, 12-563a, 12-564, 12-566, 12-567, 12-568a and 12-569 of the general statutes, subsection (d) of section 12-574 of the general statutes and sections 12-800 to 12-818, inclusive, of the general statutes shall in no way affect the collective bargaining rights of employees of the Department of Transportation.
(d) (1) In addition to positions transferred to the authority under subsection (b) of this section, the authority may create one or more new classifications of employees as determined by the board of directors. Such classifications shall not be deemed comparable to other classifications in state service.
(2) For the period commencing on July 1, 2011, until the expiration of the collective bargaining agreement in effect for transferred employees or the date of approval by the legislature of any interim agreement, whichever is earlier, the authority may hire employees into a new classification without regard to any collective bargaining agreement then in effect and may set the initial terms and conditions of employment for all employees in a new classification.
(3) Six months after the hiring of the first employee in any such new classification, the collective bargaining agent of the transferred employees and the executive branch on behalf of the authority shall engage in midterm bargaining for such classification at the request of either party. The scope of such midterm bargaining shall include all terms of employment, except that provisions relating to compensation shall not be subject to arbitration, provided that the average annualized compensation for such classification shall not be less than the average annualized compensation for transferred employees.
(4) Upon the expiration of the collective bargaining agreement covering transferred employees, all terms and conditions of employment in a new classification shall be subject to collective bargaining as part of the negotiation of a common successor agreement.
(e) The executive branch shall be authorized and empowered to negotiate on behalf of the authority for employees of the authority covered by collective bargaining and represent the authority in all other collective bargaining matters. The authority shall be entitled to have a representative present at all such bargaining.
(f) In any interest arbitration regarding employees of the authority, the arbitrator shall take into account as a factor, in addition to those factors specified in section 5-276a of the general statutes, the purposes of sections 1-120, as amended by this act, 1-121, 1-125, as amended by this act, 12-557e, 12-563, 12-563a, 12-564, 12-566, 12-567, 12-568a and 12-569 of the general statutes, subsection (d) of section 12-574 of the general statutes and sections 12-800 to 12-818, inclusive, of the general statutes the entrepreneurial mission of the authority and the necessity to provide flexibility and innovation to facilitate the success of the Connecticut Airport Authority in the marketplace.
(g) The officers and all other employees of the authority shall be state employees for the purposes of group welfare benefits and retirement, including, but not limited to, those provided under chapter 66 of the general statutes and sections 5-257 and 5-259 of the general statutes. The authority shall reimburse the appropriate state agencies for all costs incurred by such designation.
Sec. 15. Subsection (a) of section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
As used in sections 1-120 to 1-123, inclusive, as amended by this act:
(1) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Educational Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Capital City Economic Development Authority, Connecticut Lottery Corporation, [and] Health Information Technology Exchange of Connecticut, and the Connecticut Airport Authority.
(2) "Procedure" means each statement, by a quasi-public agency, of general applicability, without regard to its designation, that implements, interprets or prescribes law or policy, or describes the organization or procedure of any such agency. The term includes the amendment or repeal of a prior regulation, but does not include, unless otherwise provided by any provision of the general statutes, (A) statements concerning only the internal management of any agency and not affecting procedures available to the public, and (B) intra-agency memoranda.
(3) "Proposed procedure" means a proposal by a quasi-public agency under the provisions of section 1-121 for a new procedure or for a change in, addition to or repeal of an existing procedure.
Sec. 16. Subsection (a) of section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The directors, officers and employees of the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, including ad hoc members of the Connecticut Resources Recovery Authority, the Connecticut Airport Authority, Connecticut Health and Educational Facilities Authority, Capital City Economic Development Authority, the Health Information Technology Exchange of Connecticut and Connecticut Lottery Corporation and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Connecticut Resources Recovery Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Connecticut Resources Recovery Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Connecticut Resources Recovery Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Connecticut Resources Recovery Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.
Sec. 17. Section 13b-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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 adopt regulations, in accordance with chapter 54, 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)] (7) To cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation;
[(9)] (8) 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)] (9) To prepare a plan setting forth a 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)] (10) To prepare pertinent reports, including but not limited to, detailed reports of energy use analysis by mode of transportation;
[(12)] (11) 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 (A) 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, and (B) any contract for the planning, construction, remodeling, alteration, repair or enlargement of any public building which is estimated to cost more than five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n; and
[(13)] (12) To participate, subject to the availability of funds, in transit-oriented development projects at or near transit facilities.
Sec. 18. Section 13b-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [commissioner] Connecticut Airport Authority shall have entire charge, control, operation and management of any airport or restricted landing area owned or leased by the state, except any air navigation facility operated exclusively by the Military Department, and may act with the consent of the State Properties Review Board as agent of the state in any negotiations with the federal government concerning land or other property used or to be used by the state for aeronautical purposes.
(b) With the approval of the Attorney General, the Secretary of the Office of Policy and Management and the State Properties Review Board, the [commissioner] Connecticut Airport Authority may sell or lease or grant any interest in any airport or airport site or any part thereof, hangars, shops or other buildings or other property owned or held under lease by the state, except that after initiating such approval, the [commissioner] Connecticut Airport Authority may temporarily lease any such interest. A temporary lease shall be effective only until a final decision is made by the Attorney General, the secretary and the Properties Review Board. Leases of land of the state shall be for periods determined by the [commissioner] Connecticut Airport Authority with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner may confer the privilege of concessions of supplying, upon the airports, goods, commodities, service and facilities. The [commissioner] Connecticut Airport Authority shall grant no exclusive right for the use of any airway, airport, restricted landing area or other air navigation facility under his jurisdiction.
(c) The [commissioner] Connecticut Airport Authority may, subject to the provisions of section 4b-23, purchase or take and, in the name of the state, may acquire title in fee simple to, or any lesser estate, interest or right in, any airport, restricted landing area or other air navigation facility owned or controlled by any municipality or by any two or more municipalities jointly or by any other person, if he finds that the acquisition of such airport, restricted landing area or other air navigation facility is necessary to the maintenance of adequate air transportation in the state or is required by public convenience and safety, except that no such purchase, taking or acquisition may be made by the [commissioner] Connecticut Airport Authority of any such airport, restricted landing area or other air navigation facility which is owned or controlled by and used as a part of a research, development or manufacturing activity, unless with the consent of the one owning or controlling such airport, area or facility. In connection with the purchase or taking by the [commissioner] Connecticut Airport Authority of any such property owned by any person other than a municipality, the determination by the [commissioner] Connecticut Airport Authority and the Commissioner of Public Works that the purchase or taking is necessary shall be conclusive. The taking shall be in the manner prescribed in section 48-12 for the taking of land for state institutions.
(d) In connection with the purchase or taking by the [commissioner] Connecticut Airport Authority of any such property in a municipality, the [commissioner] authority shall file with the chief executive officer or first selectman of the municipality a written statement finding that the purchase or taking is necessary, setting forth the reasons supporting such finding and requesting approval by the municipality of the purchase or taking, which approval shall be by vote of the municipality at a referendum held at the next regular election held in the municipality. If the municipality by vote disapproves the purchase or taking, the [commissioner] Connecticut Airport Authority may, within thirty days following the vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the [commissioner] Connecticut Airport Authority has proven the necessity for the purchase or taking and the burden of proving such necessity shall be upon the commissioner. If the court after hearing, deems that the [commissioner] Connecticut Airport Authority has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the [commissioner] Connecticut Airport Authority has sustained such burden of proof, the court may set aside the action of the municipality disapproving the purchase or taking and may enter an order upon terms and conditions that it deems appropriate to safeguard the rights of the parties and the public. After a purchase or taking has been legally approved, or its disapproval has been set aside by the Superior Court, the state may proceed with the purchase or taking upon paying just compensation to the municipality. In case the state cannot agree with the municipality upon the amount of the compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the purchase or taking.
(e) The [commissioner] Connecticut Airport Authority may, in the name of the state, purchase, take or acquire any interest, in whole or in part, in land, buildings, equipment or facilities that [he] it has sold, leased or granted in any state airport, state airport site or any part thereof pursuant to subsection (b) of this section. The [commissioner's] Connecticut Airport Authority's determination that such purchase, taking or acquisition is necessary shall be conclusive. Any taking shall be in a manner prescribed in section 13a-73 for the taking of land for highway purposes.
(f) The [commissioner] Connecticut Airport Authority may (1) prohibit, limit or restrict the parking of vehicles, (2) determine speed limits with the approval of the State Traffic Commission, (3) restrict roads or portions thereof to one-way traffic, (4) designate the location of crosswalks, on any portion of any road or highway upon the grounds of any airport owned or held under lease by the state, and (5) erect and maintain signs designating such prohibitions or restrictions. Any person who fails to comply with any such prohibition or restriction shall be subject to a fine of not more than twenty-five dollars, and on and after July 1, 1985, not more than thirty-eight dollars, on and after July 1, 1989, not more than fifty-six dollars, on and after July 1, 1991, not more than seventy dollars, and on and after July 1, 1993, not more than eighty-eight dollars.
(g) The [commissioner] Connecticut Airport Authority may enter into an agreement with any municipality within or near which any airport owned or leased by the state is located, for the purpose of mutual assistance for fire protection.
(h) Any lease which involves the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n.
Sec. 19. Section 13b-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [state] Connecticut Airport Authority may establish, maintain and operate, and may expand, an airport at any location within the state in the following manner. The [commissioner] Connecticut Airport Authority shall conduct and complete a study of the adequacy of existing airports, which study may be based upon the study authorized under section 13b-16, and shall determine the necessity for the establishment of additional airports or the expansion of existing airports. The [commissioner] Connecticut Airport Authority shall, within one year of the completion of such study, formulate and adopt a plan of development which shall incorporate the findings of such study, showing the necessity for such establishment or expansion, in a manner consistent with the comprehensive long-range master transportation plan. The plan of development shall specify the lands or interests in such lands the acquisition of which the commissioner deems necessary for such establishment or expansion and a copy of such plan of development shall be filed in the office of the town clerk of each municipality in which such establishment or expansion is proposed.
(b) The [commissioner] Connecticut Airport Authority shall cause a public hearing to be held at the expense of the department in each municipality in which such lands or interests in such lands are located. At such hearing, the [commissioner] Connecticut Airport Authority shall present and explain the plan of development, and any persons who are opposed to such plan may be heard and may state their reasons for such opposition. Such hearing shall be held not earlier than thirty days after such plan has been filed in the office of the town clerk of the municipality. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the second not less than two days before such hearing.
(c) Upon the completion of such hearing, the [commissioner] Connecticut Airport Authority shall consider all the evidence relevant to the proposed plan of development, and if the [commissioner] Connecticut Airport Authority determines that the airport establishment or expansion provided in the plan is necessary, shall make such changes or modifications in the plan as are in the public interest. The [commissioner] Connecticut Airport Authority shall file a copy of the revised plan, showing the changes or modifications made, in the office of the town clerk of the municipality and shall notify and send a copy of such revised plan to the chief executive officer or first selectman of such municipality. Such notice shall contain the request that the municipality approve the proposed establishment or expansion, which approval shall be by vote of a town or borough, and by vote of the city council of a city.
(d) If the municipality fails or neglects to act upon a request for approval within sixty days after the receipt of such request by its chief executive officer or first selectman, the municipality shall be deemed to have approved of such establishment or expansion. If the municipality by vote disapproves of the establishment or expansion, the [commissioner] Connecticut Airport Authority may, within thirty days following such vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the commissioner has proven the necessity for the establishment or expansion of an airport within the municipality and the burden of proving such necessity shall be upon the commissioner. If the court, after hearing, determines that the commissioner has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the commissioner has sustained such burden of proof, the court may set aside the action of the municipality disapproving the establishment or expansion and may enter such order upon such terms and conditions as it deems appropriate to safeguard the rights of the parties and the public.
(e) After a plan has been legally approved, or its disapproval has been set aside by the Superior Court, the [state] authority may take any lands or interests in such lands contained in the plan upon paying just compensation to the owner. In case the [state] authority cannot agree with such owner on the amount of such compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the taking of such land, provided no facility or land or interest in such land held by a public service company for service to the public shall be so taken or removed unless, at the expense of the [state] authority, an adequate and equal substitute approved by the Department of Public Utility Control shall first be provided.
Sec. 20. Section 1-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Connecticut Development Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Connecticut Resources Recovery Authority, the Health Information Technology Exchange of Connecticut, the Connecticut Airport Authority and the Capital City Economic Development Authority shall not borrow any money or issue any bonds or notes which are guaranteed by the state of Connecticut or for which there is a capital reserve fund of any kind which is in any way contributed to or guaranteed by the state of Connecticut until and unless such borrowing or issuance is approved by the State Treasurer or the Deputy State Treasurer appointed pursuant to section 3-12. The approval of the State Treasurer or said deputy shall be based on documentation provided by the authority that it has sufficient revenues to (1) pay the principal of and interest on the bonds and notes issued, (2) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds and notes, (3) pay the cost of maintaining, servicing and properly insuring the purpose for which the proceeds of the bonds and notes have been issued, if applicable, and (4) pay such other costs as may be required.
(b) To the extent the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Health and Educational Facilities Authority, the Health Information Technology Exchange of Connecticut, the Connecticut Airport Authority or the Capital City Economic Development Authority is permitted by statute and determines to exercise any power to moderate interest rate fluctuations or enter into any investment or program of investment or contract respecting interest rates, currency, cash flow or other similar agreement, including, but not limited to, interest rate or currency swap agreements, the effect of which is to subject a capital reserve fund which is in any way contributed to or guaranteed by the state of Connecticut, to potential liability, such determination shall not be effective until and unless the State Treasurer or his or her deputy appointed pursuant to section 3-12 has approved such agreement or agreements. The approval of the State Treasurer or his or her deputy shall be based on documentation provided by the authority that it has sufficient revenues to meet the financial obligations associated with the agreement or agreements.
Sec. 21. Section 15-101oo of the general statutes is repealed. (Effective July 1, 2011)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
New section |
Sec. 2 |
July 1, 2011 |
15-101mm |
Sec. 3 |
July 1, 2011 |
15-101nn |
Sec. 4 |
July 1, 2011 |
New section |
Sec. 5 |
July 1, 2011 |
New section |
Sec. 6 |
July 1, 2011 |
15-101k |
Sec. 7 |
July 1, 2011 |
15-101l |
Sec. 8 |
July 1, 2011 |
15-101m |
Sec. 9 |
July 1, 2011 |
New section |
Sec. 10 |
July 1, 2011 |
15-101n |
Sec. 11 |
July 1, 2011 |
15-101o |
Sec. 12 |
July 1, 2011 |
15-101p |
Sec. 13 |
July 1, 2011 |
15-101t |
Sec. 14 |
July 1, 2011 |
New section |
Sec. 15 |
July 1, 2011 |
1-120(a) |
Sec. 16 |
July 1, 2011 |
1-125(a) |
Sec. 17 |
July 1, 2011 |
13b-4 |
Sec. 18 |
July 1, 2011 |
13b-42 |
Sec. 19 |
July 1, 2011 |
13b-44 |
Sec. 20 |
July 1, 2011 |
1-124 |
Sec. 21 |
July 1, 2011 |
Repealer section |
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]