SB 241 — AN ACT CONCERNING OVERSIGHT AND TRANSPARENCY AT THE CONNECTICUT PORT AUTHORITY.
Last action — SIGNED BY GOVERNOR
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6Enacted
This bill has been enacted into law. Introduced January 22, 2021. Enacted.
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Bill Text
What changed in the latest version
214 added · 427 removed214 line(s) added, 427 removed.
NewSubstitute Copy Senate GeneralBill Assembly File No.
658241 JanuaryPublic Session,Act 2021 Substitute Senate Bill No.
24121-179 Senate,AN MayACT 10,CONCERNING 2021OVERSIGHT TheAND CommitteeTRANSPARENCY onAT AppropriationsTHE reportedCONNECTICUT throughPORT SEN.AUTHORITY.
OSTEN of the 19th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING OVERSIGHT AND TRANSPARENCY AT THE CONNECTICUT PORT AUTHORITY.
(NEW) (Effective from passage) (a) On or before October 1, 2021, and quarterly thereafter, the executive director of the Connecticut Port Authority shallsubmitshall areportsubmit a report regarding thestatusofpendingandthe status of pending and current contracts, small portharbor projects and the construction project at the State Pier in the town of New London to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.
The Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall jointly verifyreview and comment on each such report before such report is submitted to the committee.
(b) On or before January 1, 2022, and annually thereafter, the CommissionerofAdministrativeServicesandtheSecretaryoftheOffice of Policy and Management shall submit a report regarding the projects sSB241 / File No.
658 1 sSB241 File No.
658 undertakenbytheConnecticut Port Authorityinthepreceding year and the authority's finances to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.
SubdivisionSubsections (15)(b) ofand subsection(c) (a) of section 15-31b15-31a of the general statutes isare repealed and the following is substituted in lieu thereof (Effective Octoberfrom 1,passage 2021):and applicable to appointments made on and after said date):
(15)(b) InvestThe in,powers acquire, lease, purchase, own, manage, hold and dispose of real property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposesauthority of sections 15-31a to 15-31i, inclusive, provided (A) such transactions shall not be subjectvested toin approval,and reviewexercised or regulation by anya stateboard agency pursuant to title 4b or any other provision of thedirectors, generalwhich statutes, except the provisions of chapter 62, and (B) the authority shall notconsist convey fee simple ownership in any property associated with the ports or harbors under its jurisdiction and control without the approval of the[fifteen] Statetwenty-one Propertiesvoting Reviewmembersas Boardfollows: and the Attorney General;
and(1)The Sec.State Treasurer,or theTreasurer'sdesignee, Substitute Senate Bill No.
241 the Commissioner of Energy and Environmental Protection, or the commissioner's designee, the Commissioner of Transportation, or the commissioner's designee, the Commissioner of Economic and Community Development, or the commissioner's designee, [and] the Secretary of the Office of Policy and Management, or the secretary's designee, the chief elected official of the town of New London, or such official's designee, the chief elected official of the city of New Haven, or such official's designee, and the chief elected official of the city of Bridgeport, or such official's designee, all of whom shall serve ex officio;
(2) one appointed by the speaker of the House of Representatives;
[for a term of four years;] (3) one appointed by the majority leader of the House of Representatives, [for a term of two years] who is the chief elected official of a town with a small harbor, or such official's designee;
(4) one appointed by the minority leader of the House of Representatives;
[for a term of two years;] (5) one appointed by the president pro tempore of the Senate, [for a term of four years] who is a member or employee of a local port authority;
(6) one appointed by the majority leaderoftheSenate;
[for atermoftwo years;](7)oneappointed by the minority leader of the Senate;
[for a term of four years;] and (8) [four] seven appointed by the Governor, [two for a term of four years and two for a term of two years.
Thereafter, said] one of whom is the chief elected official of a town with a small harbor, or such official's designee.
Said members of the General Assembly and the Governor 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 years from the first day of July in the year of his or her appointment.
Appointed members shall include [:
(A) Individuals] individuals who have experience and expertise in [one or more of the following areas:
(i) International] international trade, [;
(ii)] marine transportation, [;
(iii)] finance [;] or [(iv)] economic development.
[;
(B) one member or employee of a local port authority;
(C) one elected or appointed municipal official from a coastal municipality with a population not greater than one hundred thousand;
and (D) one elected Public Act No.
21-179 2 of 7 Substitute Senate Bill No.
241 or appointed municipal official from a coastal community with a population not greater than fifty thousand.] The board of directors shall select the chairperson from among the members of the board, who shall serve for a term of two years.
The board of directors shall select a vice- chairpersonfromamong itsmembersandsuchotherofficersasit deems necessary.
(c)[No] Except as provided in subsection (b) of this section, no appointed member of the board of directors may designate a representative to perform his or her respective duties under this section in such member's absence.
Any appointed member who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the board held during any calendar year shall be deemed to have resigned from the board.
Any vacancy occurring other than by expiration of term shall be filled not later than thirty days following the occurrence of such vacancy in the same manner as the original appointment for the balance of the unexpired term.
The appointing authority for any member may remove such member for inefficiency, neglect of duty or misconduct in office after giving the member a copy of the charges against the member and an opportunity to be heard, in person or by counsel, in the member's defense, upon not less than ten days' notice.
If any member shall be so removed, the appointing authority for such member shall file in the office of the SecretaryoftheStatea completestatementofchargesmadeagainstsuch member and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.
Show all 165 changed lines (125 more)
Sec.
Subdivision(Effective (28)from passage) On or before January 1, 2022, the executive director of sectionthe 4e-1Connecticut Port Authority shall submit a plan to ensure a transparent and equitable process for selecting and disbursing grants through the program known as the Small Harbor Improvement Projects Program to the joint standing committee of the generalGeneral statutesAssembly ishaving repealedcognizance andthefollowingof issubstitutedmatters inlieuthereof(EffectiveOctoberrelating 1,to 2021):Public Act No.
(28)21-179 "State3 contractingof agency"7 meansSubstitute anySenate executiveBill branchNo. agency, board, commission, department, office, institution, [or] council or the Connecticut Port Authority, established under section 15-31a.
"State241 contractingtransportation agency"in doesaccordance not include the judicial branch, the legislative branch, the offices of the Secretary of the State, the State Comptroller, the Attorney General, the State Treasurer, with respect to their constitutional functions, any state agency with respect to contracts specific to the constitutionalprovisions and statutory functions of thesection office11-4a of the Stategeneral Treasurer.statutes.
For the purposes of section 4e-16, "state contracting agency" includes any constituent unit of the state system of higher education and for the purposes of section 4e-19, "state contracting agency" includes the State Education Resource Center, established sSB241 / File No.
658 2 sSB241 File No.
658 under section 10-4q;
(NEW)Subsection (Effective(o) from passage) (a) The State Bond Commission shall authorize the issuance of bonds of the state, in accordance with the provisions of section 3-2015-31a of the general statutes,statutes inis principalrepealed amountsand not exceeding in the aggregatefollowing twenty-fiveis millionsubstituted dollarsin forlieu thethereof Connecticut(Effective Portfrom Authoritypassage): establishedpursuant to section15-31aof the general statutes.
The(o) amountOn authorizedor forbefore theJanuary issuance1, and[2017] sale2022, ofand suchannually bondsthereafter, inthe eachboard of thedirectors following fiscal years shall notsubmit exceed[, thein followingwriting] correspondinga amountreport, forin eachaccordance suchwith fiscal year, provided, to the extentprovisions the authority does not provide for the use of allsection or11-4a, a portion of such amount in any such fiscal year, such amount not provided for shall be carried forward and added to the authorizedGovernor amount[(1)] for the next succeeding fiscal year, and, provided further, the costs of issuance and capitalized interest, if any, may be added to the cappedjoint amountstanding incommittee each fiscal year, and each of the authorizedGeneral amountsAssembly shallhaving becognizance effective on July first of thematters fiscalrelating yearto indicatedtransportation. as follows:
T1Such Fiscalreport Year Ending Amount T2 June Thirtieth T3 2022 $5,000,000 T4 2023 5,000,000 T5 2024 5,000,000 T6 2025 5,000,000 T7 2026 5,000,000 T8 Total $25,000,000 (b) The State Bond Commission shall approveinclude, abut memorandumneed of understanding between the Connecticut Port Authority and the state, acting by and through the Secretary of the Office of Policy and Management and the Treasurer, providing for the issuance of said bonds for the purposes of projects undertaken by the Connecticut Port Authority regarding ports not locatedbe inlimited theto: towns of New Haven, New London or Bridgeport, including provisions regarding the extent to sSB241 / File No.
658(1) 3A sSB241description Fileof No.the projects undertaken by the authority inthepreceding year;(2) alist ofprojectswhich, if undertaken by the state, would support the state's maritime policies and encourage maritime commerce and industry;
658[(2)] which(3) federal,a privatedescription or other moneys then available or thereafter to be made available for costs should be added to the proceeds of the bondsauthority's authorizedfinances; pursuant to this section for such projects.
The(4) memorandumrecommendations offor understandingimprovements shall be deemed to satisfyexisting themaritime provisionspolicies, ofprograms section 3- 20 of the general statutes and thefacilities; exercise of any right or power granted thereby that is not inconsistent with the provisions of this section.
(c)Allprovisionsofsection3-20ofthegeneralstatutes,ortheexercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall[(3) applysuch toother allrecommendations bondsas authorized by the Stateboard Bondconsiders Commissionappropriate. pursuant to this section.
TemporaryCopies notes in anticipation of thesuch moneyreport toshall be derivedsubmitted fromto the salejoint standing committee of anythe suchGeneral bondsAssembly sohaving authorizedcognizance mayof bematters issuedrelating to transportation, in accordance with saidthe section,provisions andof fromsection time11-4a] (5) recommendations for legislation to timepromote renewed.the authority's purpose.
AllThe bondsCommissioner issued pursuant to this section shall be general obligations of theAdministrative stateServices and the fullSecretary faith and credit of the stateOffice of ConnecticutPolicy areand pledgedManagement forshall thejointly paymentreview of the principal of and interestcomment on saideach bondsreport asbefore thesuch samereport becomeis due,submitted andaccordinglyto andasthe partGovernor ofand thecontract ofthestate with the holdersjoint ofstanding saidcommittee bonds, appropriation of allthe amountsGeneral necessaryAssembly forhaving punctualcognizance payment of suchmatters principalrelating andto interesttransportation. is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(d) Subject to the amount of limitations of the capping provisions in subsection (a) of this section, the principal amount of the bonds authorized under this section shall be deemed to be an appropriation and allocation of such amount, and such approval of such request shall be deemed the allotment by the Governor of such capital outlays within the meaning of section 4-85 of the general statutes.
SubdivisionSection (1)3-125 of subsection (b) of section 12-18b of the general statutes,statutes as amended by section 5 of public act 21-3, is repealed and the following is substituted in lieu thereof (Effective Julyfrom 1,passage): 2021):
(1)Thegrantpayabletoanymunicipalityforstate,municipalortribalThe propertyAttorney underGeneral theshall provisionsappoint ofa thisdeputy, sectionwho inshall thebe fiscalsworn yearto endingthe Junefaithful 30,discharge 2017,of andhis eachduties fiscaland year thereafter, shall beperform equalall to the totalduties sSB241of /the FilePublic Act No.
65821-179 4 sSB241of File7 Substitute Senate Bill No.
658241 of:Attorney General in case of his sickness or absence.
(A)He Oneshall hundredappoint persuch centother ofassistants theas propertyhe taxesdeems thatnecessary, wouldsubject have been paid with respect to any facility designated by the Commissionerapproval of Correction, on or before August first of each year, to be a correctional facility administered under the auspicesGovernor. of the Department of Correction or a juvenile detention center under direction of the Department of Children and Families that was used for incarcerative purposes during the preceding fiscal year.
IfThe aAttorney listGeneral containingmay thealso nameappoint and location of such designated facilities and information concerning their use for purposes of incarceration during the preceding fiscal year is not availablemore fromthan thefour Secretaryassociate ofattorneys thegeneral Statewho onwill Augustserve firstat of any year, the Commissionerpleasure of Correction shall, on said date, certify to the SecretaryAttorney ofGeneral the Office of Policy and Managementwill abe listexempt containingfrom suchthe information;classified service.
(B)The OneAttorney hundredGeneral pershall cent of the property taxes that would have beengeneral paidsupervision withover respectall tolegal thatmatters portionin ofwhich the Johnstate Dempsey Hospital located at The University of Connecticut Health Center in Farmington that is usedan asinterested aparty, permanentexcept medicalthose wardlegal formatters prisonersover underwhich theprosecuting custodyofficers ofhave thedirection. Department of Correction.
NothingHe shall appear for the state, theGovernor, theLieutenant Governor,theSecretary,theTreasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the State Librarian and the Connecticut Pilot Commission in thissectionall shallsuits beand construedother ascivil designatingproceedings, anyexcept portionupon criminal recognizances and bail bonds, in which the state is a party or is interested,or inwhich the official acts and doings of Thesaid Universityofficers are called in question, and for all members of Connecticutthe Healthstate CenterHouse Johnof DempseyRepresentatives Hospitaland the state Senate in all suits and other civil proceedings brought against them involving their official acts and doingsinthedischargeoftheirdutiesaslegislators,inanycourtorother tribunal, as athe correctionalduties facility;of his office require;
(C)and Oneall hundredsuch persuits centshall ofbe theconducted property taxes that would have been paid on any land designated within the 1983 Settlement boundary and taken into trust by thehim federal government for the Mashantucket Pequot Tribal Nation on or afterunder Junehis 8,direction. 1999;
(D)When Oneany hundredmeasure peraffecting centthe State Treasury is pending before any committee of the propertyGeneral taxesAssembly, thatsuch wouldcommittee haveshall beengive paidhim withreasonable respectnotice of the pendency of such measure, and he shall appear and take such action as he deems to be for the propertybest interests of the state, and facilitieshe ownedshall byrepresent the Connecticutpublic Portinterest Authority;in the protection of any gifts, legacies or devises intended for public or charitable purposes.
[(D)]All (E)legal Subjectservices torequired theby provisionssuch ofofficers subsectionand (c)boards ofin sectionmatters 12-19a,relating sixty-fiveto pertheir centofficial ofduties theshall propertybe taxesperformed thatby would have been paid with respect to the buildingsAttorney andGeneral groundsor comprisingunder Connecticuthis Valleydirection. Hospital and Whiting Forensic Hospital in Middletown;
sSB241All /writs, Filesummonses No.or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General.
658All 5suits sSB241or Fileother No.proceedings by such officers shall be brought by the Attorney General or under his direction.
658He [(E)]shall, (F)Withrespectwhen torequired anyPublic municipalityAct inwhichmoreNo. thanfifty per cent of the property is state-owned real property, one hundred per cent of the property taxes that would have been paid with respect to such state-owned property;
[(F)]21-179 (G)5 Forty-five per cent of the7 propertySubstitute taxesSenate thatBill wouldNo. have been paid with respect to all municipally owned airports;
except241 forby either house of the exemptionGeneral applicableAssembly toor suchwhen property,requested onby the assessmentpresident listpro intempore suchof municipalitythe forSenate, the assessmentspeaker dateof twothe yearsHouse priorof toRepresentatives, or the commencementmajority leader or the minority leader of the stateSenate fiscalor yearHouse inof whichRepresentatives, suchgive granthis isopinion payable.upon questions of law submitted to him by either of said houses or any of said leaders.
TheHe grantshall providedadvise pursuantor togive thishis sectionopinion for any municipally owned airport shall be paid to any municipality in which the airporthead isof located,any exceptexecutive thatdepartment theor grantany applicablestate toboard Sikorskyor Airportcommission shallupon beany paidquestion one- half to the town of Stratfordlaw andsubmitted one-half to thehim. city of Bridgeport;
[(G)]He (H)may Forty-fiveprocure persuch centassistance ofas thehe propertymay taxesrequire. that would have been paid with respect to any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or taken into trust by the federal government for the Mohegan Tribe of Indians of Connecticut, provided the real property subject to this subparagraph shall be the land only, and shall not include the assessed value of any structures, buildings or other improvements on such land;
andWhenever [(H)]a (I)trustee, Forty-fiveunder perthe centprovisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the propertyperformance taxesof thathis woulddutiesastrustee, havetheAttorney beenGeneralmaycause paidapetitionto belodged with respectthe probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to allthe otherstate, state-ownedconditioned realfor property.the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court.
ThisThe actAttorney General shall takeprepare effecta astopical follows and shallchronological amendcross-index of all legal opinions issued by the followingoffice sections:of the Attorney General and shall, from time to time, update the same.
Section 1 from passage New section Sec.
26. October 1, 2021 15-31b(a)(15) Sec.
3Section October1-125 1,of 2021the 4e-1(28)general Sec.statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
4The fromdirectors, passageofficers Newand sectionemployees Sec.of Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, including ad hoc members of the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Capital Region Development Authority, the Connecticut Airport Authority, the Connecticut Lottery Corporation, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Retirement Public Act No.
521-179 July6 1,of 20217 12-18b(b)(1)Substitute StatementSenate ofBill LegislativeNo. Commissioners:
In241 SectionSecurity 4(b),Authority, "administrator"the wasConnecticut changedPort Authority, the Connecticut Municipal Redevelopment Authority, the State Education Resource Center, [and] the Paid Family and Medical Leave Insurance Authority and the Connecticut Pilot Commission and any person executing the bondsor notesoftheagency shallnot beliablepersonallyonsuchbonds or notes or be subject to "Connecticutany Portpersonal Authority"liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Materials Innovation and Recycling Authority, be personally liable for accuracy.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 Materials Innovation and Recycling Authority.
sSB241The /agency Fileshall No.protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Materials Innovation and Recycling 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 theMaterialsInnovationandRecycling Authority,isfoundto 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.
658Approved 6July sSB24112, File2021 Public Act No.
65821-179 TRA7 Jointof Favorable7 Subst.-LCO C/R APP APP Joint Favorable Subst.-LCO sSB241 / File No.
658 7 sSB241 File No.
658 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 22 $ FY 23 $ Department of Administrative GF - Cost 230,000 230,000 Services State Comptroller - Fringe GF - Cost 77,000 77,000 Benefits1 State Contracting Standards GF - Cost Minimal Minimal Board Treasurer, Debt Serv.
GF - Potential See Below See Below Cost Policy & Mgmt., Off.
GF - Potential See Below See Below Cost Note:
GF=General Fund Municipal Impact:
Municipalities Effect FY 22 $ FY 23 $ New London Potential See Below See Below Revenue Gain Explanation Section 1 does not result in a fiscal impact, as it requires the Connecticut Port Authority (CPA) and the Office of Policy and Management, to report, quarterly and annually, respectively, on specifiedcontractsandactivity,whichiswithineachagencies' expertise.
The bill requires the Department of Administrative Services (DAS) to 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.
The estimated active employee fringe benefit cost associated with most personnel changes is 41.3% of payroll in FY 22 and FY 23.
sSB241 / File No.
658 8 sSB241 File No.
658 verify various reports provided by the CT Port Authority prior to passing those quarterly reports on to the General Assembly.
DAS does not currently have the staff or the expertise to perform this function, nor access to the necessary resources to do such a verification.
DAS would need a full-time Accountant and four part-time positions (Staff Attorney, and three Project Managers) plus laptops, office supplies and mileage reimbursements to accommodate these responsibilities.
Sections 2 and 3 include CPA under current State Contracting Standards Board requirements.
Minimal impact is expected given current contract levels.
Section 4 authorizes $25 million of new General Obligation bonds ($5 million annually from FY 22 through FY 26) and requires a memorandum of understanding that would, if ratified, allocate these new bond funds as they become effective.
Total debt repayment is anticipated to be over $35 million, with the earliest payment of up to $250,000 possible in FY 23 and final payment as early as FY 46.
Section 5 increases the reimbursement rate for CPA property from 45% to 100%.
Property of the Authority, under current statute, is treated as state property for PILOT purposes and reimbursed at 45%.
The bill increases the cost to fully fund the State Property PILOT and correspondingly results in a revenue gain to the City of New London, to the extent that additional funding is provided.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, the terms of any bonds issued or as otherwise described.
The ongoing impact of Section 5 depends on 1) changes in municipal grand lists and 2) on the amount of funding provided for the State Property PILOT grant.
PA 21-3 specifies a wealth-based, proportionate distribution method for the grant in the event that appropriations are insufficient to fully fund the grant.
sSB241 / File No.
658 9 sSB241 File No.
658 OLR Bill Analysis sSB 241 AN ACT CONCERNING OVERSIGHT AND TRANSPARENCY AT THE CONNECTICUT PORT AUTHORITY.
SUMMARY This bill makes the following changes related to the Connecticut Port Authority (CPA):
1.
authorizes up to $25 million in state general obligation (GO) bonds over five years for ports other than those in Bridgeport, New Haven, and New London (§ 4);
2.
subjects CPA to the State Contracting Standards Board’s (SCSB) oversight by making it a “state contracting agency” for purposes of SCSB’s authorizing statutes (§§ 2 & 3);
3.
increases,from45%to100%,thereimbursementrateforpayment in lieu of taxes (PILOT) grants for CPA property (§ 5);
and 4.
requires the authority’s executive director, the administrative services commissioner, and the Office of Policy and Management (OPM) secretary to report certain information to the Transportation Committee on the authority’s operations, finances, contracts, and projects (§ 1).
EFFECTIVE DATE:
Upon passage, except the (1) PILOT provision is effective July 1, 2021, and (2) SCSB provisions are effective October 1, 2021.
§ 1 — Reporting The bill requires CPA’s executive director to submit quarterly reports to the Transportation Committee beginning October 1, 2021, on the status of (1) pending and current contracts, (2) small port projects, and sSB241 / File No.
658 10 sSB241 File No.
658 (3) the construction project at the State Pier in New London.
Each report must be jointly verified by the administrative services commissioner and OPM secretary before it is submitted.
The bill also requires the administrative services commissioner and the OPM secretary to report to the Transportation Committee annually by January 1 on the authority’s projects in the previous year and its finances.
§§ 2 & 3 — State Contracting Standards Board Under current law, SCSB has limited authority over quasi-public agencies, as they are not included in the definition of “state contracting agency” in SCSB’s authorizing statutes (see BACKGROUND).
(Most of SCSB’s powers and duties apply to state contracting agencies only.) The bill makes CPA a “state contracting agency” under SCSB’s authorizing statutes, subjecting CPA to the board’s full authority.
Table below lists a selection of SCSB statutes applicable to state contracting agencies that the bill extends to CPA.
The bill also makes a conforming change so that CPA’s property transactions are subject to SCSB’s authority.
(SCSB’s authorizing statutes give the board authority over certain transactions involving interests in, and leases of, real property (CGS § 4e-1(22) & (30)).) Current law exempts most CPA property transactions from review or oversight under any state law (§ 2).
Table 1:
Selected SCSB Statutes Applicable to CPA Under the Bill Statute Description CGS § 4e-3 SCSB may exercise CPA's contracting-related powers, rights, and duties CGS § 4e-4 SCSB must review, certify, and periodically recertify CPA's procurement processes CGS § 4e-5 CPA must appoint a procurement officer CGS § 4e-6 SCSB must audit CPA's compliance with procurement laws and regulations every three years CGS § 4e-7 SCSB may, under specified conditions, (1) review and terminate sSB241 / File No.
658 11 sSB241 File No.
658 CPA's contracts and procurement agreements or (2) restrict or terminate its ability to enter into contracts CGS § 4e-14 CPA’s contracts must contain provisions ensuring accountability, transparency, and results-based outcomes, as prescribed by SCSB (It appears SCSB has not prescribed any such standards for state contracting agencies to date) CGS § 4e-16 Subjects CPA to the state's privatization law (see BACKGROUND) CGS § 4e-19 Requires SCSB to use specified procurement methods when purchasing goods and services (These provisions require SCSB to adopt implementing regulations before they become operative, but the board has not adopted any such implementing regulations to date) CGS § 4e-39 Cancellation of a solicitation or proposed award when SCSB finds that a violation of the law has occurred CGS § 4e-40 Contract termination when SCSB finds that the solicitation or award violated the law § 4 — Bonding The bill authorizes up to $25 million in state GO bonds over a five- year period for CPA, capped at $5 million in each year from FY 22 through FY 26.
If CPA does not use all or part of the capped amount in a fiscal year, that amount is added to the capped amount for the following year.
The bill requires CPA to enter into a memorandum of understanding (MOU) with the OPM secretary and state treasurer regarding the bond issuance, including the extent to which federal, private, and other available funds should be added to the bond proceeds.
The MOU must provide for the issuance of these bonds to fund CPA’s port projects in towns other than New Haven, New London, or Bridgeport.
(The state’s three deep water ports are in these cities.) The MOU is subject to the State Bond Commission’s approval, which satisfies the standard approval requirements under the State General Obligation Bond Procedure Act.
Subject to the caps, the bill deems the principal amount of the authorized bonds to be an appropriation, allocation, and allotment of sSB241 / File No.
658 12 sSB241 File No.
658 the bond amounts.
The bonds are subject to standard statutory conditions.
§ 5 — PILOT Grants for Authority Property Connecticut’s PILOT program provides grants to (1) municipalities for state-owned property, municipally owned airports, and Indian reservation land, and (2) municipalities and taxing districts for private nonprofit college and hospital property.
PA 21-3, effective July 1, 2021, restores a provision that applied prior to FY 19 deeming the property and facilities owned by CPA to be state-owned real property for purposes of the PILOT program and requiring the state to provide a PILOT to the municipality in which such property and facilities are located.
This billincreasesthestatutory reimbursement rate for CPA property from 45% to 100% of lost property tax revenue.
As under existing law, the grant must be prorated if the state’s annual PILOT appropriation is not enough to fully fund PILOT grants.
Under PA 21-3, the proration method is based on each municipality’s (1) equalized net grand list per capita, (2) designation as an alliance district, and (3) percentage of state- owned property.
BACKGROUND Related Bill sHB 6194 (File 498), reported favorably by the Government Administration and Elections (GAE) Committee, subjects all quasi- public agencies to certain oversight by SCSB (e.g., allows SCSB to limit their authority to enter into contracts or procurement agreements).
sHB 6577 (File 505), reported favorably by the GAE Committee, requires the State Properties Review Board to review and approve or disapprove certain real estate transactions proposed by quasi-public agencies.
Attorney General Opinion In a 2021 opinion (Attorney General Opinion 2021-01), the attorney sSB241 / File No.
658 13 sSB241 File No.
658 generalconcludedthatmostSCSBstatutesgivetheboardauthorityover state contracting agencies only, with only limited authority over quasi- public agencies.
He noted that although the board has authority over certain bid contests involving quasi-public agencies, generally its authority over quasi-public agencies “is much more limited and circumscribed relative to its authority over state contracting agencies.” Privatization Law By law, if a state contracting agency seeks to enter into a contract that privatizes services performed by state employees, it generally must conduct a cost-benefit analysis and submit a business case to SCSB for its approval.
The business case must include, among other things, the cost-benefit analysis and 11 other analyses relating to the privatized service, such as its goals and their rationale, and options for achieving them (CGS § 4e-16(d)).
An agency may publish notice soliciting bids for a privatization contract only after the board approvesthe business case.
For privatization contracts not subject to this requirement (i.e., contracts for services that are currently privatized), state contracting agenciesmust instead evaluate thecontract,using atemplate prescribed by the OPM secretary, to determine if entering into or renewing it is the most cost-effective way of delivering the service.
COMMITTEE ACTION Transportation Committee Joint Favorable Change of Reference - APP Yea 35 Nay 0 (03/26/2021) Appropriations Committee Joint Favorable Yea 50 Nay 0 (04/21/2021) sSB241 / File No.
658 14
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Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 21-179
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IN CONCURRENCE
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SEN. PASSED, HO. AMEND. SCH. A
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED HO. AMEND. SCH. A
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DISAGREEING ACTION,TABLED FOR CAL., SEN.
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IMMEDIATE TRANSMITTAL TO THE SENATE
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HOUSE PASSED, HOUSE AMEND. SCH. A
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HOUSE PASSED, SEN. AMEND. SCH. A
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HOUSE ADOPTED HOUSE AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A
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RULES SUSPENDED
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HOUSE CALENDAR NUMBER 578
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 658
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SENATE CALENDAR NUMBER 389
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 05/10/21
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FILED WITH LCO
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Joint Favorable
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FAV. CHG. OF REF. HOUSE TO COMM. ON Appropriations
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FAV. CHG. OF REF., SEN. TO COMM. ON Appropriations
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RPTD. OUT OF LCO
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FILED WITH LCO
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Joint Favorable Change of Reference APP
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REF. TO JOINT COMM. ON Transportation
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DRAFTED BY COMMITTEE
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Vote to Draft
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PUBLIC HEARING 0219
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Reserved for Subject Matter Public Hearing
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REF. TO JOINT COMM. ON Transportation
Sponsors
- Holly H. Cheeseman · Primary
- Kevin Ryan · Primary
- Kenneth M Gucker · Primary
- Brian T. Smith · Primary
- Paul M. Formica · Primary
- Norman Needleman · Primary
- Anthony L. Nolan · Primary
- Joe De La Cruz · Primary
- Antonio Felipe · Primary
- Bobby G. Gibson · Primary
- David Michel · Primary
- Heather S. Somers · Primary
- Catherine A. Osten · Primary
- Christine Conley · Primary
Sponsorship breakdown
Export CSV (upgrade) →14 sponsors · 0 co-sponsors · 173 not signed on
Sponsors (14)
- Cheeseman, Holly H.
- Ryan, Kevin
- Gucker, Kenneth M
- Smith, Brian T.
- Formica, Paul M.
- Norman Needleman Democratic
- Anthony L. Nolan Democratic
- De La Cruz, Joe
- Antonio Felipe Democratic
- Bobby G. Gibson Democratic
- Michel, David
- Heather S. Somers Republican
- Catherine A. Osten Democratic
- Conley, Christine
Co-sponsors (0)
None.
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 241?
- SB 241 is sponsored by Cheeseman, Holly H., Ryan, Kevin, Gucker, Kenneth M, Smith, Brian T., Formica, Paul M., Norman Needleman (Democratic), Anthony L. Nolan (Democratic), De La Cruz, Joe, Antonio Felipe (Democratic), Bobby G. Gibson (Democratic), Michel, David, Heather S. Somers (Republican), Catherine A. Osten (Democratic), and Conley, Christine.
- What is the current status of SB 241?
- This bill has been enacted into law. Introduced January 22, 2021. Enacted.
- Where can I track SB 241?
- Track SB 241 free on One Click Politics — get push/email alerts when it moves.
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