SB 1015 — AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND MODERNIZING REAL ESTATE AND CONSTRUCTION MANAGEMENT.

All appointments of members to replace those whose terms expire shall be for a term of four years and until their successors have been appointed and qualified.

If any vacancy occurs on the board, the appointing authorities having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions hereof.

Sec.

Subsection (f) of section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(f) The State Properties Review Board shall review and approve or disapprove real estate acquisitions, sales, leases and subleases proposed by the Commissioner of Administrative Services or proposed by the Chief Court Administrator pursuant to the authority delegated to the Chief Court Administrator by the Commissioner of Administrative Services, the acquisition, other than by condemnation, or the sale or lease of any property by the Commissioner of Transportation under subdivision (11) of section 13b-4, subject to section 4b-23, as amended by this act, and subsection (h) of section 13a-73 and [review, for approval or disapproval,] any contract for a project described in LCO No.

3649 6 of 12 Raised Bill No.1015 subsection (h) of section 4b-91.

[Such review shall consider all aspects of the proposed actions, including feasibility and method of acquisition andtheprudence ofthe businessmethod proposed.]The boardshallnot grant approval under this subsection if it has determined based on objective evidence that the applicable department has failed to comply with the applicable provision of the general statutes or agency regulationrelated to the proposedaction.

The boardshallalso cooperate withandadvise andassist theCommissionerofAdministrativeServices and the Commissioner of Transportation in carrying out their duties.

The board shall have access to all information, files and records directly relevant to its evaluation of the agency's compliance with the applicable provision of the general statutes or agency regulation, including financial records, of the Commissioner of Administrative Services and the Commissioner of Transportation, and shall, when necessary, be entitled to the use of personnel employed by said commissioners.

The board shall approve or disapprove any acquisition of development rights of agricultural land by the Commissioner of Agriculture under section 22-26cc.

The board shall hear any appeal under section 8-273a and shall render a final decision on the appeal within thirty days thereafter.

The written decision of the board shall be a final decision for the purposes of sections 4-180 and 4-183.

The provisions of this section shall not apply to any airport, airport site or any part thereof operated by the Connecticut Airport Authority established pursuant to section 15-120bb.

Sec.8.Subsection(i)ofsection4b-23ofthegeneralstatutesisrepealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(i) As used in this subsection, (1) "project" means any state program, except the downtown Hartford higher education center project, as defined in section 4b-55, requiring consultant services if the cost of such services is estimated to exceed [one] five hundred thousand dollars;

[or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or in the case of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the LCO No.

3649 7 of 12 Raised Bill No.1015 Judicial Department is the primary occupant, the cost of such services is estimated to exceed three hundred thousand dollars;] (2) "consultant" means "consultant" as defined in section 4b-55;

and (3) "consultant services" means "consultant services" as defined in section 4b-55.

Any contracts entered into by the Commissioner of Administrative Services with any consultants for employment (A) for any project under the provisions of this section, (B) in connection with a list established under subsection (d) of section 4b-51, or (C) by task letter issued by the Commissioner of Administrative Services to any consultant on such list pursuant to which the consultant will provide services valued in excess of [one] five hundred thousand dollars, shall be subject to the approval of the Properties Review Board prior to the employment of such consultant or consultants by the commissioner.

The Properties Review Board shall, not later than thirty days after receipt of such selection of or contract with any consultant, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Administrative Services pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive.

If upon the expiration of the thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such selection or contract.

Sec.

9.

(2) "proposal development expenses" means the cost of preparing a detailed drawing, model or plan as determined by the Department of Economic and Community Development or[; the Department of Administrative Services, in accordance with subsections (e) and (f) of this section;

[and]and] (3)or "workthe Department of art"Administrative meansServices, anin integratedaccordance workwith ofsubsections art(e) orand a(f) nonintegrated work of art,this butsection; excludes landscape architecture or landscape gardening;

(4)(3) "integrated"work work of art" means LCOan No.integrated work of art or a nonintegrated work of art, but excludes landscape architecture or landscape gardening;

3649(4) 8"integrated work of 12art" Raisedmeans Bill No.1015 art work which is to be an integrated part of such state building, including, but not limited to, fresco, mosaic, sculpture and other architectural embellishment or functional art created by a professionalsSB1015 artist,/ artisanFile orNo. craftsperson;

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518 professional artist, artisan or craftsperson;

(c) There is established within the General Fund a state building LCOworks No.of art account, which shall be a separate, nonlapsing account.

3649The 9moneys ofwithin 12said Raisedaccount Billshall No.1015be worksused of(1) artfor account,the whichpurchase shallof beworks asSB1015 separate,/ nonlapsingFile account.No.

The518 moneys7 withinsSB1015 saidFile accountNo. shall be used (1) for the purchase of works of art from distinguished Connecticut artists, which shall be placed on public view in state buildings, (2) to establish a bank of major works of art, from which individual works of art may be circulated among state buildings, public art museums and nonprofit galleries, and (3) for repair of all works of art acquired under this section.

518 of art from distinguished Connecticut artists, which shall be placed on public view in state buildings, (2) to establish a bank of major works of art, from which individual works of art may be circulated among state buildings, public art museums and nonprofit galleries, and (3) for repair of all works of art acquired under this section.

[, provided any work of art to be located in any building under the LCOsupervision, No.security, utilization and control of the Joint Committee on Legislative Management shall be approved by said committee.

3649The 10sSB1015 of/ 12File Raised Bill No.

1015518 supervision,8 security,sSB1015 utilizationFile andNo. control of the Joint Committee on Legislative Management shall be approved by said committee.

The518 Commissioner of Administrative Services, in consultation with said] Said department [,] shall (1) [shall] be responsible for the contractual arrangementswithanysuchartist,artisanorcraftsperson,and(2) [shall] adopt regulations concerning implementation of the purposes of [subsection (b) of this section and] this subsection.

4 July 1, 2021 4b-21(e)4b-92 Sec.

5 July 1, 2021 4b-22a4b-21(e) Sec.

6 July 1, 2021,2021 and4b-22a 4b-3(a) applicable to any appointments made on or after said date Sec.

7 July 1, 2021 4b-3(f)4b-53 Sec.GAE Joint Favorable Subst.

8sSB1015 July/ 1,File 2021No. 4b-23(i) Sec.

518 9 JulysSB1015 1,File 2021 4b-53 LCO No.

3649518 11The offollowing 12Fiscal RaisedImpact Statement and Bill No.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.

1015In Statementgeneral, fiscal impacts are based upon a variety of Purpose:informational sources, including the analyst’s professional knowledge.

ToWhenever removeapplicable, referencesagency todata "updateis bidconsulted statement",as topart reduce certain deadlines for the disposition of surplus real property, to expand the Departmentanalysis, ofhowever Administrativefinal Services'products abilitydo tonot grantnecessarily andreflect receivean easements,assessment tofrom clarifyany thespecific Statedepartment. Property Review Board's scope and standard of review, to raise the threshold for review of construction consultant contracts and to give the department authority over integrated works of art in state buildings.

[ProposedOFA deletionsFiscal areNote enclosedState inImpact: brackets.

ProposedAgency additionsAffected areFund-Effect indicatedVarious byState underline,Agencies exceptGF that- whenPotential theSavings entireNote: text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

3649GF=General 12Fund ofMunicipal 12Impact:

None Explanation The bill authorizes public contracting agencies to allow bidders up to two business days after a bid opening to submit their prequalification certificate and an update bid statement.

Current law disqualifies a bid if the update bid statement or applicable prequalification certificate is missing.

This bill may result in a savings to the state as it should increase the number of bids the state receives.

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

sSB1015 / File No.

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518 OLR Bill Analysis sSB 1015 AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND MODERNIZING REAL ESTATE AND CONSTRUCTION MANAGEMENT.

SUMMARY This bill makes the following changes in the statutes governing the Department of Administrative Services (DAS):

1.

eliminates a provision invalidating any public works contracts bid submitted without a required update bid statement or prequalification certificate, instead allowing agencies to permit bidders up to two business days post-bid to submit the missing documents (§3);

2.

removes references to "update bid statement" and, where necessary, replaces them with "update statement" (§§ 1-4);

3.

reduces by half the (a) amount of time a municipality has to notify DAS of its intention to acquire surplus state property and (b) maximum extension that DAS may grant on this deadline (§ 5);

4.

allows DAS to grant easements to, and acquire easements from, the federal government or a subdivision of the state subject to certain approvals (§ 6);

and 5.

with respect to art in state buildings, (a) transfers authority over art that is integrated in the building structure from the Department of Economic and Community Development (DECD) to DAS, (b) gives DECD full authority over non-integrated art, and (c) requires the State Bond Commission to specify the maximum amount that may be spent on each type of artwork when allocating for them (§ 7).

sSB1015 / File No.

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518 The bill also makes technical and conforming changes.

EFFECTIVE DATE:

July 1, 2021 §§ 1-4 — STATE CONTRACTING BID UPDATES The bill authorizes public contracting agencies to allow bidders up to two business days after a bid opening to submit their prequalification certificate, if required, and an “update statement" (see below).

Current law disqualifies a bid if the update bid statement or applicable prequalification certificate is missing.

The bill replaces statutory references to the term “update bid statement” with “update statement.” Current law requires the DAS commissioner to establish (1) an update statement for contractors and substantial subcontractors to use when renewing or upgrading their prequalification certificate and (2) an update bid statement that bidders on a public works contract must use to provide certain information about changes since the bidder'sprequalificationcertificate wasissued or renewed (e.g., projects currently under contract and significant changes in financial position).

Under the bill, this information must be provided in the update statement, which serves both statements’ purposes.

§ 5 — SURPLUS STATE PROPERTY The bill reduces, from 120 days to 60 days, the amount of time a municipality has to notify DAS of its intention to acquire surplus state property.

It also reduces, from 60 days to 30 days, the maximum extension that DAS may grant to municipalities on this deadline.

Under current law, once a state-owned property is determined to be surplus, DAS must offer the property (via sale, lease, or other arrangement) to the municipality in which it is located.

If the municipality declines or is deemed to have declined the property, DAS must comply with notice requirements and obtain the approval of the Office of Policy and Management (OPM), the State Properties Review Board (SPRB), and the Finance, Revenue and Bonding and Government Administration and Elections committees before putting the property sSB1015 / File No.

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518 on the open market.

(UConn is exempt from this disposition process, as is the Department of Transportation, whose process is governed by CGS § 13a-80.) § 6 – EASEMENTS The billauthorizestheDASCommissioner to grant easementsto,and acquire easements from, the federal government or a political subdivision of the state (e.g., municipality) for public purposes, so long as he (1) determines that such purposes do not conflict with the public interest;

(2) receives the approval of the SPRB;

and (3) additionally receives approval from OPM and the agency supervising the land’s care and control before granting easements.

Under existing law unchanged by the bill, DAS can grant easements on state land to public service companies, owners of district heating and cooling systems, municipal water and sewer authorities, and telecommunications companies.

The easements are subject to approval by the controlling agency, OPM, and the SPRB (CGS § 4b-22a).

§ 7 – ART IN STATE BUILDINGS The bill transfers authority from DECD to DAS over “integrated works of art” in state buildings (i.e., art that is integrated in the building structure), including artist selection and contractual agreements, and requires DAS to adopt regulations about them.

It gives DECD full authority over “non-integrated works of art” (currently, DAS is responsible for contractual agreements).

The bill also requires the State Bond Commission to specify the maximum amount of the artwork bond allocation that may be spent on integrated and non-integrated art work.

Existing law requires the State Bond Commission to allocate for the purchase of artwork at least 1% from the proceeds of state bonds for constructing or remodeling most state-owned or –leased buildings open to the public (excluding the cost of the land for the buildings, non-construction costs such as architect fees, and any cost increases).

COMMITTEE ACTION sSB1015 / File No.

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518 Government Administration and Elections Committee Joint Favorable Substitute Yea 19 Nay 0 (03/31/2021) sSB1015 / File No.

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