HB 6444 — AN ACT CONCERNING THE MODERNIZATION OF STATE SERVICES AND THE MEMBERSHIP OF THE COMMISSION FOR EDUCATIONAL TECHNOLOGY.

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6444 any other state contract to anyone found in violation of such prohibitions for a period of one year after the election for which such contributionismadeorsolicited,unlessthecommissiondeterminesthat mitigating circumstances exist concerning such violation.

and sHB6444(F) /(i) FileAny No.principal of the state contractor or prospective state contractor submitting a bid or proposal for a state contract shall certify that neither the contractor or prospective state contractor, nor any of its principals, have made any contributions to, or solicited any contributionsonbehalf of,any party committee, exploratory committee, candidate for state-wide office or for the General Assembly, or political committeeauthorizedtomakecontributionstoorexpenditurestoorfor, the benefit of such candidates, in the previous four years, that were determined by the State Elections Enforcement Commission to be in violation of subparagraph (A) or (B) of this subdivision, without mitigating circumstances having been found to exist concerning such violation.

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770 (F) (i) Any principal of the state contractor or prospective state contractor submitting a bid or proposal for a state contract shall certify that neither the contractor or prospective state contractor, nor any of its principals, have made any contributions to, or solicited any contributionsonbehalf of,any party committee, exploratory committee, candidate for state-wide office or for the General Assembly, or political committeeauthorizedtomakecontributionstoorexpenditurestoorfor, the benefit of such candidates, in the previous four years, that were determined by the State Elections Enforcement Commission to be in violation of subparagraph (A) or (B) of this subdivision, without mitigating circumstances having been found to exist concerning such violation.

(ii)Public EachAct stateNo. agency and quasi-public agency shall include in the bid specifications or request for proposals for a state contract a notice of the certification requirements of this subparagraph.

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6444 (ii) Each state agency and quasi-public agency shall include in the bid specifications or request for proposals for a state contract a notice of the certification requirements of this subparagraph.

sHB6444Sec. / File No.

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770 Sec.

(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project [, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written or electronic representation that complies with the nondiscrimination agreementand warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the awarding agency or commissionPublic notAct laterNo. than thirty days after such change] shall include a nondiscrimination affirmation provision certifying that the contractor understandstheobligationsofthissectionandwillmaintainapolicy for the duration of the contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (a) of this section.

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6444 commission not later than thirty days after such change] shall include a nondiscrimination affirmation provision certifying that the contractor understandstheobligationsofthissectionandwillmaintain apolicy for the duration of the contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (a) of this section.

sHB6444(A) /Documentation Filein No.the form of a company or corporate policy adopted by resolutionoftheboardofdirectors,shareholders,managers, members or other governing body of such contractor that complies with thenondiscriminationagreement andwarranty under subdivision(1)of subsection (a) of this section;

770(B) sHB6444Documentation Filein the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights Public Act No.

77021-76 (A)13 Documentation in the form of a40 companySubstitute orHouse corporateBill policyNo. adopted by resolutionoftheboardofdirectors,shareholders,managers, members or other governing body of such contractor that complies with thenondiscriminationagreement andwarranty under subdivision(1)of subsection (a) of this section;

(B)6444 Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;

After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the sHB6444information /contained Filein No.such representation or documentation.

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770 information contained in such representation or documentation.

Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the awarding agency or commission, as applicable, not later than fourteen days after the twelve- month anniversary of the most recently filed representation, documentationPublic orAct updatedNo. representation or documentation, that the representation on file with the awarding agency or commission, as applicable, is current and accurate.] Sec.

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6444 documentation or updated representation or documentation, that the representation on file with the awarding agency or commission, as applicable, is current and accurate.] Sec.

The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by either sHB6444(A) /initialing Filethe No.nondiscrimination affirmation provision in the body of the contract, or (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations.

770[(2) sHB6444Any Filecontractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, Public Act No.

77021-76 (A)15 initialing the nondiscrimination affirmation provision in the body of the40 contract,Substitute orHouse (B)Bill providingNo. an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations.

[(2)6444 Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide such awarding agency, or in thecase of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any of the following:

(A) Documentation in the form of a company or corporate policy adopted by resolutionoftheboardofdirectors,shareholders,managers, members or other governing body of such contractor that complies with thethenondiscriminationagreement nondiscriminationagreement andwarranty under subdivision(1)of subsection (a) of this section;

or (C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and sHB6444warranty /under Filesubdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.] [(3)] (2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shallawardacontract to acontractor whohas not [provided the representation or documentation] included the Public Act No.

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7706444 warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.] [(3)] (2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity,shallawardacontract to acontractor whohas not [provided the representation or documentation] included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under [subdivisions] subdivision (1) [and (2)] of this subsection.

(1) "Small contractor" means (A) any contractor, subcontractor, manufacturer, service company or [nonprofit] corporation that [(A) that] (i) maintains its principal place of business in the state, [(B) that sHB6444had /gross Filerevenues No.not exceeding twenty million dollars in the most recently completed fiscal year prior to such application, and (C) that is independent.

770"Small sHB6444contractor" Filedoes not include any person who is affiliated with another person if both persons considered together have Public Act No.

77021-76 had17 grossof revenues40 notSubstitute exceedingHouse twentyBill millionNo. dollars in the most recently completed fiscal year prior to such application, and (C) that is independent.

"Small6444 contractor" does not include any person who is affiliated with another person if both persons considered together have a gross revenue exceeding twenty million dollars] and (ii) is registered as a small business in the federal database maintained by the United States General Services Administration, as required to do business with the federal government, or (B) any nonprofit corporation that (i) maintains its principal place of business in the state, (ii) had gross revenues not exceeding twenty million dollars in the most recently completed fiscal year prior to such application, and (iii) is independent.

Sec.9.Subdivision(9)ofsubsection(a)ofSec.9.Subdivision(9)ofsubsection(a)ofsection4a-60gofthegeneral section4a-60gofthegeneral statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021, and applicable to certifications issued or renewed on or after said date):

(9)"Nonprofitcorporation"meansa [nonprofit]nonstockcorporation incorporated pursuant to chapter 602 or any predecessor statutes thereto, which is exempt from taxation under any provision of section 501 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

[and] (3) evidence of payment of fair market value for the purchase or lease by the contractor sHB6444or /subcontractor Fileof No.property or equipment from another contractor who is not eligible for set-aside contracts under this section;

770(4) sHB6444evidence Filethat Public Act No.

77021-76 or18 subcontractor of property40 orSubstitute equipmentHouse fromBill anotherNo. contractor who is not eligible for set-aside contracts under this section;

(4)6444 evidence that the principal place of business of the contractor or subcontractor is located in the state;

sHB6444Public /Act File No.

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7706444 Sec.

(a) If, in the exercise of its powers under section 32-39, Connecticut Innovations, Incorporated (1) finds that the use of a certain technology, product or process (A) would promote public health and safety, environmental protection or economic development, or (B) with regard to state services, would promote efficiency, reduce administrative burdens or otherwise improve such services, and (2) determines such technology,Public productAct or process was developed by a business (A) domiciled in this state to which the corporation has provided financial sHB6444 / File No.

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7706444 technology, product or process was developed by a business (A) domiciled in this state to which the corporation has provided financial assistance or in which the corporation has invested, or (B) which has been certified as a small contractor or minority business enterprise by the Commissioner of Administrative Services under section 4a-60g, as amendedby this act, the corporation,uponapplicationofsuch business, may recommend to the Secretary of the Office of Policy and Management that an agency of the state, including, but not limited to, any constituent unit of the state system of higher education, be [directed] authorized to test such technology, product or process by employing it in the operations of such agency on a trial basis.

[(b)] (c) If the Secretary of the Office of Policy and Management finds thatPublic employingAct such technology, product or process would be feasible in the operations of a state agency and would not have any detrimental effect on such operations, said secretary, notwithstanding the requirement of chapter 58, may direct an agency of the state to accept delivery of such technology, product or process and to undertake such sHB6444 / File No.

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7706444 that employing such technology, product or process would be feasible in the operations of a state agency and would not have any detrimental effect on such operations, said secretary, notwithstanding the requirement of chapter 58, may direct an agency of the state to accept delivery of such technology, product or process and to undertake such a test program.

The testing agency, on behalf of Connecticut Innovations, Incorporated shall maintain records related to such test program, as requested by Connecticut Innovations,IncorporatedandshallmakeInnovations, Incorporatedandshallmake such recordsand any other information derived from such test program available to Connecticut Innovations, Incorporated and the business.

(d) If the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Administrative Services, the chief executive officer of Connecticut Innovations, Incorporated and the department headofthetesting agency,determinesthat thetest program sufficiently demonstrates that the technology, product or process promotes public health and safety, environmental protection, economic development or efficiency,reducesadministrative burdensorotherwise improves state services, the Commissioner of Administrative Services may procure such technology, product or process for use by any or all statePublic agenciesAct pursuantNo. to subsection (b) of section 4a-58.

[(c)]21-76 (e)22 The Secretary of the40 OfficeSubstitute ofHouse PolicyBill and Management, the Commissioner of Administrative Services and Connecticut Innovations, Incorporated may develop a program to recognize state agencies that help to promote public health and safety, environmental protection, [or] economic development or efficiency, reduce administrative burdens or improve state services by participating in a testing program under this sHB6444 / File No.

7706444 sHB6444state Fileagencies No.pursuant to subsection (b) of section 4a-58.

770[(c)] (e) The Secretary of the Office of Policy and Management, the Commissioner of Administrative Services and Connecticut Innovations, Incorporated may develop a program to recognize state agencies that help to promote public health and safety, environmental protection, [or] economic development or efficiency, reduce administrative burdens or improve state services by participating in a testing program under this section.

(c)TheCommissionerofAdministrativeServices,inconjunctionwith thePublic DepartmentAct ofNo. Energy and Environmental Protection and within available appropriations, shall make known to the chief executive officer of each municipality the existence of cooperative plans for the purchase of recycled paper.

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6444 the Department of Energy and Environmental Protection and within available appropriations, shall make known to the chief executive officer of each municipality the existence of cooperative plans for the purchase of recycled paper.

[Four] Three of such appointees sHB6444shall /be Filepublic No.members and [eight] six shall be qualified by training and experience to carry out their duties under the provisions of sections 4a-20 and 4a-21.

770 sHB6444 File No.

770 shall be public members and [eight] six shall be qualified by training and experience to carry out their duties under the provisions of sections 4a-20 and 4a-21.

(NEW) (Effective July 1, 2021) (a) As used in this section, "agency" means each state board, authority, commission, department, office, institution, council or other agency of the state including, but not limitedPublic to,Act eachNo. constituent unit and each public institution of higher education,and"quasi-publicagency"hasthesamemeaningasprovided in section 1-120 of the general statutes.

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6444 limited to, each constituent unit and each public institution of higher education,and"quasi-publicagency"hasthesamemeaningasprovided in section 1-120 of the general statutes.

(b) Notwithstanding any provision of the general statutes or public or special act, but subject to the provisions of chapter 15 of the general statutes, any correspondence or communication required to be delivered to an agency or quasi-public agency by registered or certified sHB6444mail, /return Filereceipt No.requested, may be delivered by electronic means with proof of a delivery receipt, in accordance with the provisions of chapter 15 of the general statutes.

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770 mail, return receipt requested, may be delivered by electronic means with proof of a delivery receipt, in accordance with the provisions of chapter 15 of the general statutes.

Subsection (b) of section 4d-7 of the general statutes is repealedPublic andAct theNo. following is substituted in lieu thereof (Effective July 1, 2021):

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6444 repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(2) plans for a cost-effective state-wide telecommunication network to support state agencies, which network may consist of different types of transmission media, including wire, fiber and radio, and shall be able to support voice, data, electronic mail, sHB6444video /and Filefacsimile No.transmission requirements and any other form of information exchange that takes place via electromagnetic media;

770 sHB6444 File No.

770 video and facsimile transmission requirements and any other form of information exchange that takes place via electromagnetic media;

(1) On and after October 1, 2001, have a United States Environmental Protection Agency estimated highway gasoline mileage ratingPublic ofAct atNo. least thirty-five miles per gallon and on and after January 1, 2003, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least forty miles per gallon, (2) comply with the requirements set forth in 10 CFR 490 concerning the percentage of alternative-fueled vehicles required in the state motor vehicle fleet, and (3) obtain the best achievable mileage per pound of carbon dioxide emitted in its class.

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6444 rating of at least thirty-five miles per gallon and on and after January 1, 2003, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least forty miles per gallon, (2) comply with the requirements set forth in 10 CFR 490 concerning the percentage of alternative-fueled vehicles required in the state motor vehicle fleet, and (3) obtain the best achievable mileage per pound of carbon dioxide emitted in its class.

(A) At least fifty per cent of all cars and light duty trucks purchased or leased by the state shall be alternative-fueled, hybrid electric or plug-in electric vehicles, (B) all alternative-fueled vehicles purchased or leased by the state shall be certified to the sHB6444California /Air FileResources No.Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, and (C) all gasoline-powered light duty and hybrid vehicles purchased or leased by the state shall, at a minimum, be certified to the California Air Resource Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012, one hundred per cent of such cars and light duty trucks shall be alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on and after January 1, 2030, at least fifty per cent of such cars and light duty trucks shall be zero-emission vehicles.

770 sHB6444 File No.

770 California Air Resources Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, and (C) all gasoline-powered light duty and hybrid vehicles purchased or leased by the state shall, at a minimum, be certified to the California Air Resource Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012, one hundred per cent of such cars and light duty trucks shall be alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on and after January 1, 2030, at least fifty per cent of such cars and light duty trucks shall be zero-emission vehicles.

[(d) If the Commissioner of Administrative Services determines that the vehicles required by the provisions of subsections (b) and (c) of this section are not available for purchase or lease, the Commissioner of Administrative Services shall include an explanation of such determinationPublic inAct theNo. annual report described in subsection (g) of this section.] [(e)] (d) The provisions of subsections (a) to (c), inclusive, of this section shall not apply to any emergency vehicle.

[(f)]21-76 (e)27 As used in this section, (1) "emergency vehicle" means a vehicle used by the Department of Motor40 Vehicles,Substitute DepartmentHouse ofBill Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Correction, Office of State Capitol Police, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Children and Families, Department of Transportation, Judicial Department, Board of Pardons and Paroles, Board of Regents for Higher Education, The University of Connecticut or The University of Connecticut Health Center for law enforcement or emergency response purposes, (2) "hybrid" means a passenger car that draws acceleration energy from two on-board sources of stored energy that consists of either an internal combustion or heat engine which uses sHB6444 / File No.

7706444 sHB6444determination Filein No.the annual report described in subsection (g) of this section.] [(e)] (d) The provisions of subsections (a) to (c), inclusive, of this section shall not apply to any emergency vehicle.

770[(f)] (e) As used in this section, (1) "emergency vehicle" means a vehicle used by the Department of Motor Vehicles, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Correction, Office of State Capitol Police, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Children and Families, Department of Transportation, Judicial Department, Board of Pardons and Paroles, Board of Regents for Higher Education, The University of Connecticut or The University of Connecticut Health Center for law enforcement or emergency response purposes, (2) "hybrid" means a passenger car that draws acceleration energy from two on-board sources of stored energy that consists of either an internal combustion or heat engine which uses combustible fuel and a rechargeable energy storage system, and, for any passenger car or light duty truck with a model year of 2004 or newer, that is certified to meet or exceed the California Air Resources Board's LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission vehicle" means a battery electric vehicle, hybrid electric vehicle, range- extended electric vehicle and any vehicle that is certified by the executive officer of the California Air Resources Board to produce zero emissions of any criteria pollutant under all operational modes and conditions, and (4) "zero-emission bus" means any urban bus certified by theexecutiveofficer oftheCaliforniaAir ResourcesBoardto produce zero emissions of any criteria pollutant under all operational modes and conditions.

[(g) On or before January 1, 2008, and annually thereafter, the Commissioner of Administrative Services, in consultation with the CommissionerPublic ofAct Transportation,No. shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes:

(1)21-76 Details28 on the composition of the40 stateSubstitute fleet,House including,Bill but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Emergency Services and Public Protection, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, (2) any changes to the determination made by theCommissioner ofEnergy andEnvironmentalProtectionpursuant to subsection (a) of section 35 of public act 07-4 of the June special session or any update concerning the waiver application submitted pursuant to subsection (a) of section 35 of public act 07-4 of the June special session, as applicable, (3) any changes or amendments to the planrequiredbysubsection(b)ofsection35ofpublicact 07-4oftheJune special session, (4) any changes or amendments to the plan required by subsection (c) of section 35 of public act 07-4 of the June special session, (5) a vehicle purchasing and procurement three-year plan that aligns with the requirements of subdivision (3) of subsection (b) of this section and subsection (c) of this section, and (6) an assessment of the sHB6444 / File No.

7706444 sHB6444Commissioner Fileof No.Transportation, shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes:

770(1) Details on the composition of the state fleet, including, but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Emergency Services and Public Protection, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, (2) any changes to the determination made by theCommissioner ofEnergy andEnvironmentalProtectionpursuant to subsection (a) of section 35 of public act 07-4 of the June special session or any update concerning the waiver application submitted pursuant to subsection (a) of section 35 of public act 07-4 of the June special session, as applicable, (3) any changes or amendments to the planrequiredbysubsection(b)ofsection35ofpublicact 07-4oftheJune special session, (4) any changes or amendments to the plan required by subsection (c) of section 35 of public act 07-4 of the June special session, (5) a vehicle purchasing and procurement three-year plan that aligns with the requirements of subdivision (3) of subsection (b) of this section and subsection (c) of this section, and (6) an assessment of the availability of zero-emission medium and heavy duty trucks and the feasibility of the state purchasing or leasing zero-emission medium and heavy duty trucks.

(h) The Commissioner of Administrative Services may enter into any agreement necessary to carry out the provisions of subsection (g) of this section.] [(i)] (f) In performing the requirements of this section, the Commissioners of Administrative Services, Energy and Environmental ProtectionPublic andAct TransportationNo. shall, whenever possible, consider the use of and impact on Connecticut-based companies.

[(j)](g)The21-76 Commissioner29 ofAdministrative Services, inconsultation with the Commissioner of Transportation,40 shallSubstitute studyHouse theBill feasibilityNo. of creating a competitive bid process for the aggregate procurement of zero-emission vehicles and zero-emission buses and determine whether such aggregate procurement would achieve a cost savings on the purchase of such vehicles and buses and related administrative costs.

6444 Protection and Transportation shall, whenever possible, consider the use of and impact on Connecticut-based companies.

[(j)](g)The Commissioner ofAdministrativeServices, inconsultation with the Commissioner of Transportation, shall study the feasibility of creating a competitive bid process for the aggregate procurement of zero-emission vehicles and zero-emission buses and determine whether such aggregate procurement would achieve a cost savings on the purchase of such vehicles and buses and related administrative costs.

(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the CommissionerofAdministrativeServicesmaydelegateauthoritytoany sHB6444state /agency Fileto No.purchase supplies, materials, equipment and contractual services, consistent with section 4a-67c, if the commissioner determines, in writing, that (1) such delegation would reduce state purchasing costs or result in more efficient state purchasing, and (2) the agency has employees with experience and expertise in state purchasing statutes, regulations and procedures.

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770 state agency to purchase supplies, materials, equipment and contractual services, consistent with section 4a-67c, if the commissioner determines, in writing, that (1) such delegation would reduce state purchasing costs or result in more efficient state purchasing, and (2) the agency has employees with experience and expertise in state purchasing statutes, regulations and procedures.

An agency to whom such authority is delegated shall comply with all such statutes, regulations and procedures.Public Act No.

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6444 procedures.

[(b) On or before the fourth Wednesday after the convening of each regular session of the General Assembly, the commissioner shall file with the joint standing committee of the General Assembly having cognizanceofmattersrelatingtoappropriationsandthebudgetsofstate agencies, a complete listing of all items of personal property leased by sHB6444state /agencies, Fileindicating No.each item leased, the lessee agency, the lessor and the annual rental thereof.] Sec.

770 sHB6444 File No.

770 state agencies, indicating each item leased, the lessee agency, the lessor and the annual rental thereof.] Sec.

The Commissioner of AdministrativePublic Services,Act inNo. consultation with the Codes and Standards Committee, shall conduct a review of existing regulations of each state agency to determine whether any provisionofsuchregulationsconflicts with the State Building Code, the Fire Safety Code, the State Fire Prevention Code or any other fire safety regulation adopted under this chapter.

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6444 Administrative Services, in consultation with the Codes and Standards Committee, shall conduct a review of existing regulations of each state agency to determine whether any provisionofsuchregulationsconflicts with the State Building Code, the Fire Safety Code, the State Fire Prevention Code or any other fire safety regulation adopted under this chapter.

(a) All testing by or onbehalf of a holder of a cigarette manufacturer's sHB6444license /or Fileby No.or on behalf of the Office of the State Fire Marshal to determine a cigarette's compliance with the performance standard specified in this section shall be conducted in accordance with the following requirements:

770(1) sHB6444Testing Fileof cigarettes shall be conducted in accordance with the Public Act No.

77021-76 license32 or by or on behalf of the40 OfficeSubstitute ofHouse theBill StateNo. Fire Marshal to determine a cigarette's compliance with the performance standard specified in this section shall be conducted in accordance with the following requirements:

(1)6444 Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials or "ASTM" standard E2187- 04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes" or a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding by the State Fire Marshal that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM standard E2187- 04 and the performance standard in subdivision (3) of this subsection;

(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO or IEC 17025 of the International Organization for Standardization or such other comparable accreditation standard as the Office of the State Fire Marshal may require by regulation;

Such program ensures that the testing repeatability remains within the sHB6444required /repeatability Filevalue No.set forth in this subdivision for all test trials used to certify cigarettes in accordance with this section and section 29- 419;

770and sHB6444Public FileAct No.

77021-76 required33 repeatabilityof value40 setSubstitute forthHouse inBill thisNo. subdivision for all test trials used to certify cigarettes in accordance with this section and section 29- 419;

and6444 (7) No additional testing under this section is required if cigarettes are tested consistent with this section for any other purpose.

If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this section, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a holder as meeting the reduced cigarette ignition propensity standards of that state's law or regulations under a legal sHB6444provision /comparable Fileto this section, then the State Fire Marshal shall Public Act No.

77021-76 sHB644434 Fileof 40 Substitute House Bill No.

7706444 provision comparable to this section, then the State Fire Marshal shall authorize that holder to employ the alternative test method and performancestandardtocertifythatcigaretteforsaleperformancestandardtocertifythatcigaretteforsaleinthisstate,unless inthisstate,unless the State Fire Marshal has a reasonable basis for deciding that the alternative test should not be accepted under said sections.

(a) (1) All state-wide elected officers, members of the General Assembly, department heads and their deputies, members or directors of each quasi-public agency, members of the Investment Advisory Council and such members of the Executive Department and such employeesPublic ofAct quasi-public agencies as the Governor shall require, shall sHB6444 / File No.

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7706444 employees of quasi-public agencies as the Governor shall require, shall file, under penalty of false statement, a statement of financial interests for the preceding calendar year with the Office of State Ethics on or before the May first next in any year in which they hold such an office or position.

(1) The Secretary of the Office of Policy and Management, the Commissioner of Administrative Services, the Commissioner of Education, the Commissioner of Economic and Community Development, the president of The University of Connecticut and the president of the Connecticut State Colleges and Universities, the State Librarian and the ConsumerPublic Counsel,Act (2) one member each representing the Connecticut Conference of Independent Colleges, the Connecticut Association of Boards of Education, the Connecticut Conference of Municipalities, the sHB6444 / File No.

77021-76 sHB644436 Fileof 40 Substitute House Bill No.

7706444 Consumer Counsel, (2) one member each representing the Connecticut Conference of Independent Colleges, the Connecticut Association of Boards of Education, the Connecticut Conference of Municipalities, the Connecticut Council of Small Towns, [and] the Connecticut Library Association, [(3)] the Connecticut Association of Public School Superintendents and the Connecticut Educators Computer Association, (3) a secondary school teacher designated by the Connecticut Education Association and an elementary school teacher designated by the American Federation of Teachers–Connecticut, (4) four members who represent business or have expertise in information technology, two of whom shall be appointed by the Governor, one of whom shall be appointed by the speaker of the House of Representatives and one of whom shall be appointed by the president pro tempore of the Senate, [(4)](5)onememberwhoisachiefelectedofficialofamunicipality,who shall be appointed by the minority leader of the Senate, and [(5)] (6) one member who is a representative of small business who shall be appointed by the minority leader of the House of Representatives.

(1) Be the principal educational technology policy advisor for state government;Public Act No.

21-76 37 of 40 Substitute House Bill No.

6444 government;

(A) Connecting all institutions of higher education, libraries, public sHB6444elementary /and Filesecondary No.schools, regional educational service centers and other parties through a state-wide high speed, flexible network that will allow for video, voice and data transmission;

770 sHB6444 File No.

770 elementary and secondary schools, regional educational service centers and other parties through a state-wide high speed, flexible network that will allow for video, voice and data transmission;

(3) Coordinate the activities of all state agencies, educational institutions and other parties involved in the creation and management of a reliable and secure network that will offer connectivity and allow for the transmission of video, voice and data transmission to every library,Public school,Act regionalNo. educational service center and institution of higher education;

21-76 38 of 40 Substitute House Bill No.

6444 library, school, regional educational service center and institution of higher education;

The sHB6444plan /shall File(A) No.establish clear goals and a strategy for using telecommunications and information technology to improve education, (B) include a professional development strategy to ensure that teachers and faculty know how to use the new technologies to improve education, (C) include an assessment of the telecommunications, hardware, software and other services that will be needed to improve education, and(D)include anevaluationprocessthat monitorsprogress towards the specified goals;

770 sHB6444 File No.

770 plan shall (A) establish clear goals and a strategy for using telecommunications and information technology to improve education, (B) include a professional development strategy to ensure that teachers and faculty know how to use the new technologies to improve education, (C) include an assessment of the telecommunications, hardware, software and other services that will be needed to improve education,and(D)include anevaluationprocessthat monitorsprogress towards the specified goals;

(8) [On] Report, on or before January [1, 2001, and] first, annually, [thereafter,Public theAct commissionNo. shall report,] in accordance with section 11- 4a, on its activities, progress made in the attainment of the state-wide technology goals as outlined in the long-range plan and any recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies, the State Board of Education, and the Board of Regents for Higher Education.

21-76 39 of 40 Substitute House Bill No.

6444 [thereafter, the commission shall report,] in accordance with section 11- 4a, on its activities, progress made in the attainment of the state-wide technology goals as outlined in the long-range plan and any recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies, the State Board of Education, and the Board of Regents for Higher Education.

sHB6444(9) /Enter Fileinto No.such contractual agreements, in accordance with established procedures, as may be necessary to carry out the provisions of this section;

770 sHB6444 File No.

770 (9) Enter into such contractual agreements, in accordance with established procedures, as may be necessary to carry out the provisions of this section;

ThisApproved actJune shall28, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-76 140 Julyof 1,40 2021 1-101qq Sec.

2 July 1, 2021 4-252 Sec.

3 July 1, 2021 4-252a Sec.

4 July 1, 2021 4a-81 Sec.

5 July 1, 2021 9-612(f)(2) Sec.

6 July 1, 2021 4a-60(c) Sec.

7 July 1, 2021 4a-60a(b) Sec.

8 October 1, 2021, and 4a-60g(a)(1) applicable to certifications issued or renewed on or after said date Sec.

9 October 1, 2021, and 4a-60g(a)(9) applicable to certifications issued or renewed on or after said date Sec.

10 October 1, 2021 4a-60g(f) sHB6444 / File No.

770 sHB6444 File No.

770 Sec.

11 October 1, 2021 4a-60g(k)(1) Sec.

12 July 1, 2021 4a-57(b) Sec.

13 July 1, 2021 4a-60b Sec.

14 July 1, 2021 32-39e Sec.

15 July 1, 2021 4a-53 Sec.

16 July 1, 2021 4a-19 Sec.

17 July 1, 2021 New section Sec.

18 July 1, 2021 4d-7(b) Sec.

19 July 1, 2021 4a-67d Sec.

20 July 1, 2021 4a-52a(e) Sec.

21 July 1, 2021 4a-6 Sec.

22 July 1, 2021 29-251a Sec.

23 July 1, 2021 29-418 July 1, 2021 Sec.

24 1-83(a) Sec.

25 July 1, 2021 4d-80 sHB6444 / File No.

770 sHB6444 File No.

770 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 - Savings See Below See Below Services Note:

GF=General Fund Municipal Impact:

None Explanation The bill allows the certification of a Connecticut-based business to qualify as a small business, by utilizing the industry-specific standards as defined by the federal Small Business Administration.

This would improve the efficiency of the certification program allowing the Department of Administrative Services (DAS) to avoid the responsibility of creating size standards for qualification.

The bill expands this authority to include purchases from a person who contracts with another branch, division, or department in state government.

It also eliminates the requirement that these purchases be made through the DAS commissioner and instead allows any state agency to make them if approved by the DAS commissioner or his designee.

The bill allows for the use of online services for payment.

It proposes replacing the communication mandate of responding by mail requiring a return receipt.

It permits digital communication including a digital verification of receipt.

It also allows agencies the choice to use online payment methods as opposed to cash payments or a check.

This will result in a savings in postage.

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770 The bill eliminates the requirements to provide reports on the composition of the state’s fleet of vehicles, reports to the Commissioner on purchase orders related to his delegation of purchasing authority, made under the leasing of personal property, and concerning real property acquisitions, or reportedandreadilyavailablethroughvarious electronic platforms.

The bill adds four members to the Commission for Educational Technology (CET) within the Department of Administrative Services.

The responsibilities of the commission include designing and managing the State Educational Technology Goals and Plan.

The CET is responsible for coordinating the integration of technology into Connecticut’s schools, libraries, and higher education institutions.

Annually by January first, the CET shall report to the State Board of Education and the Board of Regents for Higher Education on its activities and progress made in the attainment of the state-wide technology goals.

House "A" adds four members to the Commission for Educational Technology which results in no fiscal impact.

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

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770 41 sHB6444 File No.

770 OLR Bill Analysis sHB 6444 (as amended by House "A")* AN ACT CONCERNING THE MODERNIZATION OF STATE SERVICES.

TABLE OF CONTENTS:

§§ 1-7 — CONTRACTING AFFIDAVITS Generally eliminates requirements that contractors submit documentation (e.g., affidavits and certifications) about their compliance with certain contracting laws and instead requires that they incorporate the applicable requirements into the contracts §§ 8-11 — SET-ASIDE PROGRAM Revamps program’s eligibility requirements by requiring that for-profit entities be registered as a small business in the federal government's contracting database to participate in the program § 12 — COMPETITIVE BIDDING WAIVERS Clarifies DAS commissioner’s authority to waive competitive bidding requirements § 13 — REVERSE AUCTIONS FOR SERVICES Allows use of reverse auctions to purchase services other than construction or construction- related services § 14 — PRE-MARKET PRODUCT TESTING BY STATE AGENCIES Expandsthetypesofeligiblebusinessesandproductseligibleforpre-markettestingbystate agencies § 15 — PURCHASES FROM EXISTING CONTRACTS Expands the state’s “piggyback” purchasing authority to include purchases from contracts with another state agency or branch;

allows agencies to make these purchases directly if approved by DAS § 16 — STATE INSURANCE AND RISK MANAGEMENT BOARD Reduces the board’s size from 13 members to 10 and makes conforming changes § 17 — BUSINESS ACTIVITIES CONDUCTED ONLINE Allows state and quasi-public agencies to conduct certain business activities electronically § 18 — INFORMATION AND TELECOMMUNICATION SYSTEMS STRATEGIC PLAN Requires that DAS’s annual information and telecommunication systems strategic plan include standards for digital identity verification sHB6444 / File No.

770 42 sHB6444 File No.

770 §§ 19-24 — ELIMINATED REPORTING REQUIREMENTS Eliminates various reporting requirements § 25 — COMMISSION FOR EDUCATIONAL TECHNOLOGY Increases the commission’s size from 19 members to 23 BACKGROUND *House Amendment “A” (1) adds the provisions on the Commission for Education Technology;

(2) requires that small businesses be registered with the federal government to participate in the set-aside program, rather than certified by the federal government as required by the underlying bill;

and (3) removes provisions from the underlying bill that eliminated certain reports submitted to, and produced by, the State Properties Review Board.

§§ 1-7 — CONTRACTING AFFIDAVITS Generally eliminates requirements that contractors submit documentation (e.g., affidavits and certifications) about their compliance with certain contracting laws and instead requires that they incorporate the applicable requirements into the contracts The bill modifies contract compliance requirements for certain state, municipal, and quasi-public agency contracts.

It generally eliminates requirements that contractors submit documentation (e.g., affidavits and certifications) about their compliance with certain contracting laws and instead requires that they incorporate the applicable requirements into the contracts.

The bill’s provisions concern contractors’ compliance with (1) state ethics laws;

(2) restrictions on gifts, investments, political contributions and solicitations, and use of consultants;

and (3) nondiscrimination and affirmative action requirements.

It also codifies and expands upon provisions in an existing executive order that require certain state contractors to disclose any campaign contributions.

The bill’s provisions on ethics laws, gift restrictions, consultant use, and nondiscrimination and affirmative action requirements do not apply to qualifying UConn and Board of Regents for Higher Education contracts, as these contracts are subject to different requirements under existing law.

sHB6444 / File No.

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770 Lastly, the bill makes technical and conforming changes.

EFFECTIVE DATE:

July 1, 2021 State Ethics Laws (§ 1) Under current law, contractors and bidders for large state construction or procurement contracts (i.e., valued at more than $500,000) must affirm, in writing or electronically, that (1) they received a state ethics law summary from the contracting state or quasi-public agency and (2) their key personnel read and understood the summary and agreed to comply with the ethics laws.

Similarly, large state construction or procurement contractors must obtain these affirmations from their subcontractors and consultants and provide them to the state contracting agency.

Failure to submit the affirmation disqualifies the contractors, bidders, subcontractors, and consultants from the contract.

Rather than requiring the above affirmations, the bill establishes a different requirement for these contracts.

Specifically, it prohibits a state agency or quasi-public agency from entering into a large state construction or procurement contract unless the contract contains a representation that the chief executive officer or authorized signatory of the contract and all key employees have read and understood the summary and agreed to comply with the ethics laws’ provisions.

It similarly requires large state construction or procurement contractors to include this representation in each of their contracts entered into on or after July 1, 2021, with subcontractors and consultants.

Under the bill, failure to do so is cause for terminating the contract.

Gifts (§ 2) Under current law, any principal or key personnel of a person, firm, or corporation that submits bids or proposals for a large state contract (i.e., valued more than $500,000 in a calendar or fiscal year) must certify that (1) no gifts were given in connection with the contract;

(2) there were no attempts to circumvent the gift prohibition;

and (3) the bids or proposals are being submitted without fraud or collusion.

The certificationsmust be swornastrueto thecertifier’sbest knowledge and sHB6444 / File No.

770 44 sHB6444 File No.

770 belief, under penalty of false statement.

In addition, current law requires the agency official or employee responsibleforexecutingthecontracttocertifythattheselectionprocess was devoid of collusion, gift giving (received or promised), compensation, fraud, or inappropriate influence.

The bill replaces these required certifications with requirements that the contracts contain representations to the same effect.

An existing executive order subjects state contracts with a value of $50,000 or more in a calendar or fiscal year to the gift certification requirements that apply to contracts with a value of $500,000 or more (Executive Order 49, see BACKGROUND).

Thus, the bill’s requirements also appear to apply to contracts with an annual value of $50,000 or more.

Under the bill, state and quasi-public agencies must include notice of the representation requirements in the bid specifications or request for proposals (RFP), and failure to agree to them disqualifies the bidder or proposer from the contract.

The same requirements apply with respect to the certifications under current law.

Investments in Iran (§ 3) Under current law, state and quasi-public agencies are prohibited from entering into, renewing, or amending a large state contract (i.e., valued at more than $500,000 in a calendar or fiscal year) with an entity that (1) fails to certify that such entity has not directly invested $20 million or more in Iran’s energy sector or (2) certifies that it has made, renewed, or increased such an investment.

Iran’s energy sector, as defined by federal law, includes activities to develop petroleum or natural gas resources or nuclear power in Iran.

The certification must be sworn as true to the entity’s best knowledge and belief, subject to the penalties for false statement with a penalty exception for affiants who make a good faith effort to verify whether they have made a prohibited investment.

Bidders and proposers must submit the certification before submitting a bid or proposal for a large state contract.

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770 The bill instead prohibits state and quasi-public agencies from entering into, renewing, or amending a large state contract unless the contract contains the entity’s certification that it has not made a prohibited investment in Iran.

Agencies must include notice of these representation requirements in bid specifications or RFPs for these contracts, just as they must for current law’s certification requirements.

As under current law for the certifications, the representation requirements do not apply to any contract of the state treasurer in his role as trustee of the Connecticut retirement plans and trust funds.

Consulting Agreements (§ 4) The bill replaces certain required affidavits about consulting agreements with representations that must be included in the contracts.

Under the current requirements, any principal or key personnel of a person, firm, or corporation that submits bids or proposals for a goods and services contract with a total value of $50,000 or more in a calendar or fiscal year must attest to whether a consulting agreement has been entered into in connection with the contract.

Under the bill, the contract must include a representation to this same effect.

As is currently required for the affidavits, the representation must include specified information about any such agreement, including its basic terms, as well as the consultant’s name and status as a former state employee or public official.

It must be sworn as true to the best knowledge and belief of the person signing the contract and is subject to the penalties of false statement.

Each state and quasi-public agency must include a notice of the representation requirements in the bid specifications or RFPs for these contracts as is required under current law for the affidavits.

Failure to submit the affidavit under current law, or agree to the representation under the bill, disqualifies the bidder or proposer from the contract.

Political Contributions (§ 5) Current law requires state and quasi-public agencies to (1) distribute a written notice advising contractors and prospective contractors of the sHB6444 / File No.

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770 restrictions on contributing to, or soliciting for, statewide or legislative candidates, certain political committees, and party committees and (2) obtain a written acknowledgment of the notice receipt.

The bill instead requires state and quasi-public agencies to include a copy of, or Internet link to, the notice in the bid specifications or RFPs for a state contract.

The bill also prohibits such agencies from executing any state contract, as described below, unless it contains a representation that the chief executive officer or authorized signatory of the contract has received the notice.

The campaign finance law generally defines “state contract” as an agreement or contract with a state agency in the executive or legislative branch of government or any quasi-public agency valued at $50,000 or more, or a combination or series of agreementsor contractshaving avalue of$100,000or more inacalendar year.

Under the bill, any principal of the state contractor or prospective state contractor submitting a bid or proposal for a state contract must certify, under penalty of false statement, that in the previous four years neither the contractor or prospective state contractor, nor any of its principals, have made or solicited any prohibited political contributions unless there were mitigating circumstances found to exist concerning the violation.

Similar requirements apply to contractors submitting bids or proposals for state contracts valued at more than $50,000 under an existing executive order (Executive Order 49, see BACKGROUND).

Each certification must be sworn as true to the best knowledge and belief of the person signing the certification.

The bill requires the person to submit an updated certification if there is a change in the most recently filed certification, either within 30 days after the effective date of the change or upon submitting a new bid or proposal for a state contract, whichever is earlier.

Under the bill, any principal of the state contractor or prospective state contractor submitting a bid or proposal for a state contract must sHB6444 / File No.

770 47 sHB6444 File No.

770 disclose on the certification all contributions made by its principals to any party committee, exploratory committee, statewide or legislative candidate, or candidate committee for a period of four years prior to the signing of the contract or date of the response to the bid, whichever is longer, and certify that all contributions have been disclosed.

The bill prohibits state and quasi-public agencies from executing a state contract unless first obtaining the written certification.

Each state agency and quasi-public agency must include in its bid specifications or RFPs for a state contract a notice of the certification requirements.

Nondiscrimination and Affirmative Action (§§ 6 & 7) Under current law, contractors that enter into contracts with the state or one of its political subdivisions, other than a municipality, or who are a party to a municipal public works contract or quasi-public agency project contract, must indicate that they comply with state nondiscrimination and affirmative action laws by filing (1) a written or electronic representation for contracts valued less than $50,000 for each yearor(2)certaindocumentationforcontractsvaluedat$50,000ormore for each year.

The bill instead requires the contracts, regardless of their value, to contain a nondiscrimination affirmation provision to certify that the contractor (1) understands the law’s nondiscrimination and affirmative action obligations and (2) will maintain a nondiscrimination policy for the duration of the contract.

Under the bill, the authorized signatory of the contract must demonstrate his or her understanding of this obligation by either (1) providing an affirmative response in the required online bid or RFP or (2) initialing the affirmation provision in the contract.

§§ 8-11 — SET-ASIDE PROGRAM Revamps program’s eligibility requirements by requiring that for-profit entities be registered as a small business in the federal government's contracting database to participate in the program The bill revamps the state set-aside program’s eligibility requirements for small contractors and minority business enterprises sHB6444 / File No.

770 48 sHB6444 File No.

770 (MBEs).Withrespect to for-profit entities,it defines a“small contractor” as one that is registered as a small business in the federal database maintained by the U.S.

General Services Administration, as required to do business with the federal government (see BACKGROUND).

This requirement replaces provisions in current law requiring, among other things, that these entities have annual gross revenues of $20 million or lessand be independent.

(By law, unchangedby thebill, MBEs are small contractors owned by women, minorities, or people with disabilities.) The bill makes conforming changes, including allowing awarding authoritiesto require documentationofacontractor’sor subcontractor’s (1) registration in the federal database if they are awarded a contract or contract portion under the set-aside program and (2) principal place of business in the state.

It also specifies that program certifications awarded before October 1, 2021, remain valid for their original term unless revoked for cause.

The bill retains existing law’s eligibility requirements for nonprofit entities (e.g., that they have annual gross revenues of $20 million or less and be independent).

It additionally specifies that these entities must have a federal tax exemption in order to participate.

Under existing law, the Department of Administrative Services (DAS) commissioner must establish a process to certify small contractorsandMBEs aseligible for set-aside contracts.Presumably, the commissioner must revise this process to conform to the bill’s requirements that for-profit entities be registered in the federal database.

The bill retains existing law’s validity period for set-aside program certifications (i.e., they are valid for up to two years, except that the commissioner may extend them for up to six months).

EFFECTIVE DATE:

October 1, 2021, with the changes to the eligibility criteria applicable to certifications issued or renewed on or after that date.

§ 12 — COMPETITIVE BIDDING WAIVERS Clarifies DAS commissioner’s authority to waive competitive bidding requirements sHB6444 / File No.

770 49 sHB6444 File No.

770 Current law allows the DAS commissioner to waive competitive bidding or competitive negotiation at his discretion for minor nonrecurring and emergency purchases of $10,000 or less.

The bill clarifies that the authority applies to minor nonrecurring or emergency purchases of $10,000 or less.

EFFECTIVE DATE:

July 1, 2021 § 13 — REVERSE AUCTIONS FOR SERVICES Allows use of reverse auctions to purchase services other than construction or construction-related services Existing law allows state contracting agencies to use reverse auctions to purchase goods and supplies.

The bill expands reverse auction authority to include services other than construction or construction- related services.

As under existing law for goods and supplies, contracting agenciesmay (1)use reverse auctionsfor serviceswhenthey determine it is advantageous and will ensure a competitive contract award and (2) contract with a third party to prepare and manage the auction.

By law, a reverse auction is an online bidding process in which qualified bidders or proposers, unknown to each other, submit bids or proposals pursuant to an online bid invitation or request for proposals.

EFFECTIVE DATE:

July 1, 2021 § 14 — PRE-MARKET PRODUCT TESTING BY STATE AGENCIES Expands the types of eligible businesses and products eligible for pre-market testing by state agencies The bill expands the types of technologies, products, and processes eligible for pre-market testing by state agencies.

It allows the DAS commissioner to procure them for use by all state agencies if the Office of Policy and Management (OPM) secretary, in consultation with the commissioner, Connecticut Innovations, Inc.

(CI) chief executive officer, andtestingagencyhead,determinesthatthetestdemonstratesspecified objectives.

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770 50 sHB6444 File No.

770 Additionally, the bill makes minor changes concerning the process for participating in testing, the testing’s costs, and a related recognition program for participating agencies.

Lastly, the bill makes technical and conforming changes.

EFFECTIVE DATE:

July 1, 2021 Eligibility Current law allows CI-funded businesses located in Connecticut to test their technology, product, or process in state agencies in order to study its commercial viability if it meets certain criteria.

Specifically, it must (1) promote public health and safety, environmental protection, or economicdevelopment;

(2) be manufacturedinConnecticut and be safe;

and (3) have the potential for commercialization within two years after completing the test.

The bill extends testing eligibility to small and minority business enterprises certified under the state’s set-aside program.

It also expands the types of eligible products to include those that CI finds would reduce administrative burdens or promote efficiency in state services, or otherwise improve them.

It eliminates a requirement that the technology, product, or process be manufactured or produced in Connecticutandinsteadrequiresthatithaveapositiveeconomicimpact on the state, including prospective job growth and economic activity upon commercialization.

Participation and Costs Upon an eligible business’s application, current law allows CI to recommend that the OPM secretary direct a state agency to test the technology, product, or process in the agency’s operations on a trial basis.

The bill instead allows CI to recommend that OPM allow (rather than direct) agencies to participate in testing.

(However, it retains OPM’s authority to direct agencies to participate.) It also specifically includes public higher education institutions as state agencies for purposes of this program.

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770 Under current law, CI, the business, or an investor in the business must pay for the cost of providing the technology, product, or process to the testing agency.

The bill requires the OPM secretary, in consultation with the DAS commissioner, CI executive director, and testing agency head, to determine on a case-by-case basis which of the above entities must bear these costs.

Procurement The bill allows the DAS commissioner to procure the product, process, or technology for use by all state agencies if the OPM secretary, in consultation with the commissioner, CI chief executive officer, and testing agency head, determines that the test demonstrates specified objectives.

(Presumably, this would occur after the test concludes.) These objectives are (1) promoting public health and safety, environmental protection, economic development, or efficiency;

(2) reducing administrative burdens;

or (3) otherwise improving state services.

In procuring the product, process, or technology, the bill allows the DAS commissioner to waive competitive bidding requirements.

If the procurement is estimated to cost $50,000 or more, the waiver must be approved by the Standardization Committee, which consists of the commissioner, the state comptroller and treasurer or their designees, and other department heads (or their agents) designated by the governor.

Recognition Program Current law allows OPM and CI to develop a program to recognize state agencies that promote public health and safety, environmental protection,oreconomicdevelopmentbyparticipatingintesting.Thebill (1) also makes DAS responsible for developing the recognition program (which remains permissive under the bill) and (2) adds promoting efficiencies, reducing service burdens, and improving state services as activities eligible for recognition.

As under existing law, the recognition program may include a fund for any savings achieved by testing agencies using the technologies, products, or processes.

The fund must sHB6444 / File No.

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770 be used only for the recognition program.

§ 15 — PURCHASES FROM EXISTING CONTRACTS Expands the state’s “piggyback” purchasing authority to include purchases from contracts with another state agency or branch;

allows agencies to make these purchases directly if approved by DAS Existing law allows the state to purchase, through the DAS commissioner, goods and services from a person that has a contract to sell the goods and services to a political subdivision of the state (e.g., a municipality),nonprofit organization,public purchasing consortium,or other state government (i.e., “piggyback”).

The bill expands this authority to include purchases from a person who contracts with another branch, division, or department in state government.

It also eliminates the requirement that these purchases be made through the DAS commissioner and instead allows any state agency to make them if approved by the DAS commissioner or his designee.

EFFECTIVE DATE:

July 1, 2021 § 16 — STATE INSURANCE AND RISK MANAGEMENT BOARD Reduces the board’s size from 13 members to 10 and makes conforming changes The bill eliminates three gubernatorial appointments from the State Insurance and Risk Management Board, reducing its size from 13 members to 10.

(By law, the board consists of gubernatorial appointees and the state comptroller (or his designee) as an ex-officio member.) The bill makes conforming changes by reducing the number of (1) public members from four to three, (2) members qualified by training from eight to six, and (3) members who may be from the same political party from eight to five.

It specifies that five members, rather than a majority of members as current law provides, constitute a quorum.

EFFECTIVE DATE:

July 1, 2021 § 17 — BUSINESS ACTIVITIES CONDUCTED ONLINE Allows state and quasi-public agencies to conduct certain business activities electronically sHB6444 / File No.

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770 The bill allows state and quasi-public agencies to conduct various business activities electronically.

Specifically, they may do the following:

1.

accept fee payments by any means of electronic funds transfer they adopt;

2.

receive, by electronic means with proof of delivery receipt, any communication or correspondence that must be delivered under current law by registered or certified mail, return receipt requested;

3.

receive, by electronic means, any communication or correspondence that must be delivered undercurrent law by U.S.

mail or fax (as long as the agency determines that electronic delivery is appropriate);

and 4.

post, on their website or another electronic portal available to the general public, any legal notice that must be advertised in a newspaper under current law.

Under the bill, each of these activities must comply with the ConnecticutUniformElectronicTransactionsAct(CUETA)ifconducted electronically (e.g., the parties must agree to conduct the transaction electronically) (see BACKGROUND).

EFFECTIVE DATE:

July 1, 2021 § 18 — INFORMATION AND TELECOMMUNICATION SYSTEMS STRATEGIC PLAN Requires that DAS’s annual information and telecommunication systems strategic plan include standards for digital identity verification Existing lawrequirestheDAS commissioner to develop,publish,and annually update an information and telecommunication systems strategic plan.

Among other things, the plan must include architecture guidelines and standards for these systems that support state agencies.

The bill requires that the plan specifically include standards for sHB6444 / File No.

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770 digital identity verification under CUETA that are consistent with industry standards and best practices.

Among other things, CUETA provides that if a signature or record must be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by an electronic signature from the person authorized to perform these acts (along with any other information required by the applicable law).

EFFECTIVE DATE:

July 1, 2021 §§ 19-24 — ELIMINATED REPORTING REQUIREMENTS Eliminates various reporting requirements The bill eliminates several reporting requirements by DAS to the legislature, or from state agencies to DAS, as shown in Table 1.

Table 1:

Eliminated Reporting Requirements § Reporting Requirement Annual report by DAS to the Environment, Government Administration and Elections, and Transportation committees on the state vehicle fleet Annual reports by state agencies to DAS on purchase orders made by the agency under purchasing authority delegated by DAS AnnualreportbyDAStotheAppropriationsCommitteelistingpersonalproperty items leased by state agencies Annual report by DAS and the Codes and Standards Committee to the Public Safety and Security Committee with recommendations for amending state agency regulations that conflict with the State Building Code or fire safety regulations (e.g., the State Fire Code) Triennial report by the state fire marshal to the Public Safety and Security Committee on the effectiveness of state law’s provisions on fire-safe cigarette testing Annual filing by state agencies of ethics statements with DAS (the bill retains the requirement that they be filed with the Office of State Ethics) EFFECTIVE DATE:

July 1, 2021 § 25 — COMMISSION FOR EDUCATIONAL TECHNOLOGY Increases the commission’s size from 19 members to 23 The bill increases the size of the Commission for Education sHB6444 / File No.

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770 Technology from 19 members to 23 by adding the following four members:

1.

a representative of the Connecticut Association of Public School Superintendents, 2.

a representative of the Connecticut Educators Computer Association, 3.

a secondary school teacher designated by the Connecticut Education Association, and 4.

anelementaryschoolteacherdesignatedbyAmericanFederation of Teachers–Connecticut.

The bill also makes technical changes.

Among other things, the commission serves as the principal education technology advisor for the state and develops, oversees, and directs the attainment of statewide technology goals.

EFFECTIVE DATE:

July 1, 2021 BACKGROUND Related Bills HB 6573 (File 475), reported favorably by the Government Administration and Elections Committee, contains identical provisions concerning the Commission for Educational Technology (§ 25 of this bill).

HB 6601 (File 178), reported favorably by the Commerce and Higher Education and Employment Advancement committees, contains identical provisions concerning pre-market product testing (§ 14 of this bill).

Executive Order 49 In May 2015, Governor Malloy issued Executive Order 49, which (1) subjects state contracts with a value of $50,000 or more in a calendar or sHB6444 / File No.

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770 fiscal year to the gift certification requirements that apply to contracts with a value of $500,000 or more and (2) requires state contractors subject to the gift certification requirements to also disclose in an affidavit all campaign contributions made to statewide office or legislative candidates.

Penalty of False Statement By law, giving a false statement is a class A misdemeanor, punishable by up to one year in prison, up to a$2,000 fine, or both (CGS § 53a-157b).

Ban on Campaign Contributions by State Contractors By law, for current and prospective state contractors, the existing ban is government branch specific.

This means that for principals of contractors with executive branch or quasi-public agency contracts or contract solicitations, the ban applies to statewide office candidates.

For those with legislative branch contracts or contract solicitations, the ban applies to legislative candidates.

For pre-qualified contractors, the ban applies to candidates running for office in either branch.

Additionally, the ban prohibits principals from making qualifying contributions to any candidates participating in the Citizens’ Election Program regardless of the branch (CGS § 9-704(e)).

Set-Aside Program The state set-aside program requires state agencies and political subdivisions (other than municipalities;

see below) to set aside 25% of the total value of all contracts they let for construction, goods, and services each year for exclusive bidding by certified small contractors.

The agencies must further reserve 25% of the set-aside value (6.25% of the total) for exclusive bidding by certified minority business enterprises.

Contractors awarded municipal public works contracts must comply with these requirements if the (1) contract includes state financial assistance and (2) total contract value exceeds $50,000.

Federal Contracting Database The U.S.

General Services Administration maintains a database known as the System for Award Management (SAM).

Contractors must sHB6444 / File No.

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770 register in SAM in order to access federal contracting opportunities.

Businesses registering as a small business for federal contracting purposes must self-certify that they meet the U.S.

Small Business Administration’s (SBA’s) standards for being a small business.

Generally, SBA’s size standards vary by industry and are typically based on either a business’s annual receipts or average number of employees.

According to a 2019 SBA report, receipts-based standards range from $750,000 to $38.5 million, while employee-based standards range from 100 to 1,500.

CUETA CUETA establishes a legal foundation for using electronic communications in transactions where the parties, including state and local government agencies, have agreed to conduct business electronically.

It validates the use of electronic records and signatures andplaceselectroniccommerceandpaper-basedcommerceonthesame legal footing.

CUETA does not specifically authorize agencies to send notices, or any type of certified or registered mail, by e-mail, but rather sets requirements with which electronic transmissions must comply (CGS §§ 1-266 to 1-286).

COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 13 Nay 6 (03/31/2021) sHB6444 / File No.

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