SB 993 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT AIRPORT AUTHORITY.

993[except thereof.that, the commissioner shall not impose any fee, charge or commission on the gross revenues of off-airport parking operators sSB993 / File No.

[except439 that,10 thesSB993 commissionerFile shallNo. not impose any fee, charge or commission on the gross revenues of off-airport parking operators for theright to accesssaidairportthat exceedsfive per cent ofsuchgross 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 calendarquarterscommencingonorafterJuly1,1998.]Suchrates,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 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 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 or the 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.

439 for theright to accesssaidairportthat exceedsfive per cent ofsuch 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 calendarquarterscommencingonorafterJuly1,1998.]Suchrates,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 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 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 or the 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.

[(b) The Department of Transportation shall designate the beginning and ending dates of the fiscal year for the operation of Bradley LCOInternational {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0011Airport. of 21 R01-SB.docx } Substitute Bill No.

993Each Internationalyear, Airport.within ninety days prior to the beginning of the next ensuing fiscal year, the Department of Transportation shall prepare and submit to the Secretary of the Office of sSB993 / File No.

Each439 year,11 withinsSB993 ninetyFile daysNo. prior to the beginning of the next ensuing fiscal year, the Department of Transportation 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 thecostsofmaintaining,repairing andoperating thefacilitiesofBradley International Airport and each and every portion thereof during such fiscalyear, to theextentthat thepayment ofsuchcostshasnot 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.

439 Policy and Management an annual operating budget for Bradley International Airport for such fiscal year, providing for (1) payment of thecostsofmaintaining,repairing andoperating thefacilitiesofBradley International Airport and each and every portion thereof during such fiscalyear, to theextentthat thepayment ofsuchcostshasnot 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.

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 or the trustee under any trust indenture securing the bonds issued under subsection (a) of section 15-101l shall pay to the Department of Transportation 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 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 LCOfiscal {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0012year. of 21 R01-SB.docx } Substitute Bill No.

993Except fiscalas year.otherwise provided in sections 15-101k to 15-101p, inclusive,eitherexpresslyorbyimplication,allprovisionsofthegeneral statutes governing state employees and state property, and all other sSB993 / File No.

Except439 as12 otherwisesSB993 providedFile inNo. sections 15-101k to 15-101p, inclusive,eitherexpresslyorbyimplication,allprovisionsofthegeneral statutes governing state employees and state property, and all other provisions of the general statutes applicable to Bradley International Airport, shall continue in effect.

439 provisions of the general statutes applicable to Bradley International Airport, shall continue in effect.

[Each year, within thirty days prior to the beginning of the next ensuing fiscal year, the] The authority shall approve an annual operating budget for Bradley, the general aviation airports and any other airports for each such fiscal year, providing for (1) payment of the costs of maintaining, repairing and operating the facilities of Bradley, the general aviation airports and any other airports 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 LCOoutstanding {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913revenue obligations of 21the R01-SB.docxauthority, }including Substituteobligations Billof the state that may be assumed by the authority, becoming due and payable in such fiscal year, and (3) the creation and maintenance of sSB993 / File No.

993439 outstanding13 revenuesSB993 obligationsFile ofNo. the authority, including obligations of the state that may be assumed by the authority, becoming due and payable in such fiscal year, and (3) the creation and maintenance of reserves and sinking funds, and compliance with rate covenants, required, permitted or provided for in any resolution authorizing, or trust agreement securing, such obligations.

439 reserves and sinking funds, and compliance with rate covenants, required, permitted or provided for in any resolution authorizing, or trust agreement securing, such obligations.

Subsection (d) of section 13b-97 of the general statutes is LCOrepealed {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0014and ofthe 21following R01-SB.docxis }substituted Substitutein Billlieu No.thereof (Effective July 1, 2023):

993(d) repealedAny andperson, theassociation, followinglimited isliability substitutedcompany inor lieucorporation thereofsSB993 (Effective/ JulyFile 1,No. 2023):

(d)439 Any14 person,sSB993 association,File limitedNo. liability company or corporation whichhasobtaineda certificate under subsection(a)ofthissection,after providing proof that service has been active [, adequate within the territoryspecifiedinsuchcertificate]andincompliance withallrelevant statutes and regulations, [for a period of not less than two years since such certificate was obtained,] may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the [Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such certificate] executive director of the Connecticut Airport Authority.

439 whichhasobtaineda certificate under subsection(a)ofthissection,after providing proof that service has been active [, adequate within the territoryspecifiedinsuchcertificate]andincompliance withallrelevant statutes and regulations, [for a period of not less than two years since such certificate was obtained,] may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the [Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such certificate] executive director of the Connecticut Airport Authority.

(c) Each owner or operator of an air navigation facility in the state shall maintain a list of aircraft based or hangered at such air navigation LCOfacility. {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0015 of 21 R01-SB.docx } Substitute Bill No.

993 facility.

(1) The registration number, type and model of the aircraft, (2) the name and address of the owner or operator of the aircraft, (3) the period of time the aircraft has been based or hangered at the air navigation facility, (4) the liability insurancesSB993 policy/ orFile binderNo. number, (5) the name of the insurance company as shown on the liability insurance policy, and (6) the name of the liability insurance agent or broker.

(d)The439 owner15 orsSB993 operatorFile ofanaircraftNo. basedor hangered inthestate shall provide proof of aircraft liability insurance satisfying the coverage required pursuant to this section upon request of the executive director of the Connecticut Airport Authority, any official of the authority or a law enforcement officer.

439 insurance policy or binder number, (5) the name of the insurance company as shown on the liability insurance policy, and (6) the name of the liability insurance agent or broker.

(d)The owner or operator of anaircraft basedor hangeredinthestate shall provide proof of aircraft liability insurance satisfying the coverage required pursuant to this section upon request of the executive director of the Connecticut Airport Authority, any official of the authority or a law enforcement officer.

(4) one appointed by the LCOpresident {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916pro tempore of 21the R01-SB.docxSenate }for Substitutea Billterm No.of four years;

993 president pro tempore of the Senate for a term of four years;

Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four yearssSB993 from/ theFile firstNo. day of July in theyear of his or her appointment.

439 16 sSB993 File No.

439 years from the first day of July in theyear of his or her appointment.

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 directivesoftheboard.The executive director shallapprove allaccounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the LCOauthority. {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0017 of 21 R01-SB.docx } Substitute Bill No.

993 authority.

The executive directorsSB993 shall/ attendFile allNo. 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.

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439 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.

(e)Eachdirectorshallbeentitledtoreimbursementforsuchdirector's(e)Eachdirectorshallbeentitledtoreimbursement forsuchdirector's actual and necessary expenses incurred during the performance of such director's official duties.

LCO(i) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00918The appointing authority for any director may remove such director for inefficiency, neglect of 21duty R01-SB.docxor }misconduct Substitutein Billoffice No.after giving the director a copy of the charges against the director and an opportunity to be heard, in person or by counsel, in the director's defense, upon not less than ten days' notice.

993If (i) The appointing authority for any director mayshall removebe suchso directorremoved, forthe inefficiency,appointing neglectauthority offor dutysuch ordirector misconductshall file in office after giving the directoroffice a copy of the chargesSecretary againstof the directorState anda ancomplete opportunitystatement toof becharges heard,made insSB993 person/ orFile byNo. counsel, in the director's defense, upon not less than ten days' notice.

If439 any18 directorsSB993 shallFile beNo. so removed, the appointing authority for such director shall file in the office of the Secretary of the State a complete statement of charges made against such director and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.

439 against such director and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.

(m) The initial members of the board may begin service immediately upon appointment, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the LCOmanner {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0019provided ofin 21section R01-SB.docx4-7. } Substitute Bill No.

993 manner provided in section 4-7.

The committee may consist of not more than six members, one of whom shallbeappointedbythecochairpersonsofthejointstandingcommitteesSB993 of/ theFile GeneralNo. Assembly having cognizance of matters relating to transportation, and one of whom shall be appointed by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

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439 shallbeappointedbythecochairpersonsofthejointstandingcommittee of the General Assembly having cognizance of matters relating to transportation, and one of whom shall be appointed by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

Sections13b-44a,13b-50b,15-101t and15-101ppoftheand15-101ppofthegeneral general statutes are repealed.

Section 1 July 1, 2023 Section 1 13b-39a Sec.

7 July 1, 2023 13b-49a July 1, 2023 Sec.

8 July 1, 2023 13b-50a Sec.

9 July 1, 2023 15-44 July 1, 2023 Sec.

10 July 1, 2023 15-76(a) Sec.

11 October 1, 2023 15-90 LCOSec. {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00993-20 of 21 R01-SB.docx } Substitute Bill No.

993 Sec.

14 July 1, 2023 13b-97(d) October 1, 2023 Sec.

15 October 1, 2023 New section Sec.

and in Sections 6(a) and 6(b), "proposed public use air navigationsSB993 facility/ andFile publicNo. use air navigation facility" was changed to "proposed or existing public use air navigation facility" for clarity.

439 20 sSB993 File No.

439 navigation facility and public use air navigation facility" was changed to "proposed or existing public use air navigation facility" for clarity.

-LCO LCOsSB993 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00993-/ 21File ofNo. 21 R01-SB.docx }

439 21 sSB993 File No.

439 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 24 $ FY 25 $ State Resources Various - See Below See Below Potential Savings Note:

Various=Various Municipal Impact:

None Explanation Section8 allows,ratherthanrequires,thestatetofund90%ofeligible capital improvements at private airports.

According to CAA, this requirement has rarely been exercised;

however, to the extent that the state no longer contributes funding for capital improvements at private airports, this section results in a potential cost savings.

The remaining sections of the bill make various changes to laws concerning airports, aircraft, andtheConnecticut AirportAuthority and either conform to current practice or otherwise do not have a fiscal impact to the state or municipalities.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

sSB993 / File No.

439 22 sSB993 File No.

439 OLR Bill Analysis sSB 993 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT AIRPORT AUTHORITY.

SUMMARY This bill makes various changes in laws concerning airports, aircraft, and the Connecticut Airport Authority (CAA).

Among other things, the bill:

1.

requires owners and operators of aircraft based or hangered in the state to maintain liability insurance meeting specified coverage criteria (§ 15);

2.

generally eliminatestheCAA’sroleinaircraftregistration,which is currently primarily handled by municipalities (§§ 1-4 & 7);

3.

specifies documentation that must be given to CAA when seeking a certificate of approval or license for an air navigation facility (§ 6, also see BACKGROUND);

4.

eliminates requirements that a taxi certificate holder be active for at least two years before it may provide taxi service at Bradley Airport (§ 14);

5.

requires publicly owned airport owners or operators, rather than CAA, to develop and revise the approach plans for their airports after considering specified criteria (§ 11).

The bill also makes the following minor changes:

1.

eliminates obsolete references to (a) federal airport grants being deposited in the state treasury before distribution, which is sSB993 / File No.

439 23 sSB993 File No.

439 federally preempted, and (b) general fund appropriations for grants to municipal airports (§ 5);

2.

allows, rather than requires, the state to fund capital improvements at private airports up to 90% of eligible costs (§ 8);

3.

adds CAA special police to the list of officials who may enforce laws related to aeronautics (§ 9);

4.

repeals obsolete language on budgeting and revenue at Bradley Airport originally adopted as part of a since completed project (§ 12);

5.

eliminates the specific deadline for CAA to approve Bradley Airport’s annual operating budget, which under current law is days before the beginning of the fiscal year (§ 13);

and 6.

repeals statutes that are obsolete or federally preempted (§§ 16 & 17).

It also makes numerous technical and conforming changes, including in § 10.

EFFECTIVE DATE:

July 1, 2023, except that the aircraft liability insurance and approach plan provisions are effective October 1, 2023.

§§ 1-4 & 7 — AIRCRAFT REGISTRATION Under existing law and the bill, owners must annually register their aircraft with the municipality in which it is based or primarily used.

But under current law, CAA is responsible for establishing the aircraft registration program and certain related tasks.

The bill generally eliminates CAA’s role in administering the registration program, specifically repealing requirements that CAA (1) establish the aircraft registration program and (2) adopt any necessary rules and procedures for implementing it.

It retains requirements that CAA prepare and distribute registration decals and forms to municipalities, but it eliminates the specific information the forms must sSB993 / File No.

439 24 sSB993 File No.

439 contain.

Fees Existing law sets out registration fees and allows municipalities to keep the fees for their own use and purposes as a grant in lieu of property taxes.

The bill eliminates a provision allowing CAA to set a uniform schedule for aircraft registration expiration and renewal and prorate the statutory fees accordingly.

Current law requires municipalities to annually report to CAA the amount of aircraft registration fees they collected, the number of registrations issued, registrants’ names, and descriptions of registered aircraft.

The bill eliminates the requirement that they report the amount of fees collected and sets a specific deadline (February 1) for annually reporting the remaining information from the last calendar year.

Information Reporting The bill also (1) expands the type of information that owners and operators of air navigation facilities must report to CAA on aircraft based at their facilities and (2) requires that they additionally report this information directly to the municipality where the aircraft is based, rather than requiring the CAA executive director to forward the information to municipalities, as under current law.

Under existing law, these facilities must report the owner’s name and address, the type of aircraft, and the Federal Aviation Aircraft Registration number.

The bill also requires that they report information currently required on registration forms, namely (1) the form of ownership, including whether the owner is an individual, partnership, corporation, or other entity and (2) the aircraft’s year of manufacture, the manufacturer, the model, and the certified gross weight.

The bill eliminates current law’s requirement that this information be in aircraft registration forms, but specifically requires municipalities to use the information reported to them to register aircraft.

§ 6 — CAA CERTIFICATES OF APPROVAL AND LICENSES Under existing law, the CAA executive director is responsible for sSB993 / File No.

439 25 sSB993 File No.

439 approving and licensing airports, heliports, restricted landing areas, and other air navigation facilities (CGS § 13b-46).

The law establishes various factors that the executive director must consider when deciding whether to issue a certificate of approval or license (e.g., its proposed size, location, and layout;

the nature of the terrain;

and planned uses of the proposed facility).

The bill specifically requires that public and private air navigation facilities, when seeking a certificate of approval, license, or license renewal, give CAA documentation, in a form the executive director prescribes, showing that these factors demonstrate that the facility will provide or currently provides for safe aircraft operations.

The bill also changes a reference to “commercial use” air navigation facility to a “public use” one, which conforms to the scope of CAA oversight authority under existing law.

§ 14 — TAXI SERVICE AT BRADLEY AIRPORT Current law requires that taxi certificate holders, before they may provide service at Bradley Airport, prove that they have been active, adequate within their specified territory, and in compliance with all relevant laws and regulations for at least two years.

The bill eliminates the requirement that they be adequate within their specified territory and the two-year minimum time period.

The bill also (1) eliminates a requirement that the agreement under which taxis provideservice at Bradley may not take precedence over the taxi’s obligation to provide service within their specified territory and (2) makes a conforming change to remove reference to the transportation commissioner.

§ 15 — AIRCRAFT LIABILITY INSURANCE Beginning October 1, 2023, the bill prohibits people from operating, or ownersfromallowing someonetooperate,aircraft basedor hangered in the state without liability insurance coverage.

Specifically, the policy must cover the owner and pilot for claims by passengers or other people for bodily injuries, death, or property damage that may arise from the sSB993 / File No.

439 26 sSB993 File No.

439 aircraft’s operation in the amount of at least (1) $500,000 per accident and (2) $100,000 per passenger seat.

Under the bill, these aircraft owners and operators must provide proof of insurance satisfying the bill’s requirements when requested by CAA’s executive director, authority officials, or a law enforcement officer.

The bill requires in-state air navigation facility owners and operators to keep a list of aircraft based or hangered at the facility.

The list must include the following information for each aircraft:

1.

its registration number, type, and model;

2.

its owner or operator’s name and address;

3.

how long it has been based or hangered at the facility;

4.

the liability insurance policy or binder number;

5.

the insurance company’s name, as shown on the policy;

and 6.

the name of the liability insurance agent or broker.

The bill’s requirements do not apply to aircraft subject to federal liability insurance requirements.

§§ 16 & 17 — REPEALERS The bill repeals the following provisions:

1.

a requirement that a copy of plans of development and other documents be filed with the State Properties Review Board (under CGS § 4b-3(f), CAA airports or airport sites are not subject to the board’s review) (CGS § 13b-44a);

2.

a program setting aside a portion of contracts for federally funded noise mitigation projects at airports for veterans (federal law requires that airports follow federal contracting rules when using federal funding) (CGS § 13b-50b);

and sSB993 / File No.

439 27 sSB993 File No.

439 3.

requirements related to a Bradley Airport terminal project that is already complete (CGS § 15-101t).

It also repeals statutes establishing two Bradley Airport advisory groups, which are not active.

It repeals the Bradley International Community Advisory Board, which consists of the chief elected officials of Windsor, Windsor Locks, East Granby, and Suffield and whose purpose is to communicate between the airport and the surrounding towns and advise on various airport issues (CGS § 15-101pp).

It also repeals the six-member Bradley Advisory Committee, which consists of residents and businesses located in the Bradley Airport Development Zone and is charged with consulting on business related to the airport (§ 16, CGS § 15-120bb(n)).

In practice, CAA regularly meets with the non-statutory Bradley Development League, which consists of the chief executive officers of the municipalities surrounding the airport, the MetroHartford Alliance, and local business representatives.

BACKGROUND Air Navigation Facility By law, an air navigation facility is any facility, other than one owned or controlled by the federal government, used in, available for, or designed for use in, aid of air navigation.

They include airports, heliports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid to the (1) safe taking-off, navigation, and landing of aircraft or (2) safe and efficient operation or maintenance of an airport, heliport, or restricted landing area, and any combination of these facilities (CGS § 15-34).

COMMITTEE ACTION Transportation Committee Joint Favorable Yea 34 Nay 2 (03/17/2023) sSB993 / File No.

439 28