Connecticut 2017 Regular Session

Connecticut Senate Bill SB00792 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Governor's Bill No. 792
2	2	January Session, 2017 LCO No. 3645
3	3	03645__________
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist. REP. ARESIMOWICZ, 30th Dist. REP. RITTER M., 1st Dist.
7	7
8	8	General Assembly
9	9
10	10	Governor's Bill No. 792
11	11
12	12	January Session, 2017
13	13
14	14	LCO No. 3645
15	15
16	16	03645__________
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	SEN. LOONEY, 11th Dist.
23	23
24	24	SEN. DUFF, 25th Dist.
25	25
26	26	REP. ARESIMOWICZ, 30th Dist.
27	27
28	28	REP. RITTER M., 1st Dist.
29	29
30	30	AN ACT CONCERNING CONTRACTING AND PROCUREMENT RELIEF.
31	31
32	32	Be it enacted by the Senate and House of Representatives in General Assembly convened:
33	33
34	34	Section 1. Subdivisions (14) and (15) of subsection (a) of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
35	35
36	36	(14) "Municipal public works contract" means that portion of an agreement entered into on or after [October 1, 2015] July 1, 2019, between any individual, firm or corporation and a municipality for the construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees but excluding any project of an alliance district, as defined in section 10-262u, financed by state funding in an amount equal to fifty thousand dollars or less.
37	37
38	38	(15) "Quasi-public agency project" means the construction, rehabilitation, conversion, extension, demolition or repair of a building or other changes or improvements in real property pursuant to a contract entered into on or after [October 1, 2015] July 1, 2019, which is financed in whole or in part by a quasi-public agency using state funds, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.
39	39
40	40	Sec. 2. Subdivisions (3) and (4) of subsection (b) of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
41	41
42	42	(3) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after [October 1, 2015] July 1, 2019, each municipality when awarding a municipal public works contract shall state in its notice of solicitation for competitive bids or request for proposals or qualifications for such contract that the general or trade contractor shall be required to comply with the provisions of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60 and 4a-60a. Any such contractor awarded a municipal public works contract shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to twenty-five per cent of the total value of the contract or portion thereof to be set aside for awards to subcontractors who are minority business enterprises. The provisions of this section shall not apply to any municipality that has established a set-aside program pursuant to section 7-148u where the percentage of contracts set aside for minority business enterprises is equivalent to or exceeds the percentage set forth in this subsection.
43	43
44	44	(4) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after [October 1, 2015] July 1, 2019, any individual, firm or corporation that enters into a contract for a quasi-public agency project shall, prior to awarding such contract, notify the contractor to be awarded such project of the requirements of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60 and 4a-60a. Any such contractor awarded a contract for a quasi-public agency project shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to twenty-five per cent of the total value of the contract or portions thereof to be set aside for awards to subcontractors who are minority business enterprises.
45	45
46	46	Sec. 3. Subsection (b) of section 4a-60h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
47	47
48	48	(b) [The] On and after July 1, 2019, the Commission on Human Rights and Opportunities shall be responsible for the administration of the set-aside program for municipal public works contracts and contracts for quasi-public agency projects, as described in subdivisions (3) and (4) of subsection (b) of section 4a-60g, as amended by this act. The commission shall conduct regular training sessions, as often as the commission deems necessary, for municipalities, quasi-public agencies and contractors to explain the municipal and quasi-public agency project set-aside program. The commission may adopt regulations in accordance with the provisions of chapter 54, to carry out the purposes of sections 4a-60g to 4a-60j, inclusive, as amended by this act, in regard to the municipal and quasi-public agency project set-aside program.
49	49
50	50	Sec. 4. (NEW) (Effective July 1, 2017) For the purposes of sections 4a-60, 4a-60a and 4a-62 of the general statutes:
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52	52	(1) "Public works contract" means any agreement between any individual, firm or corporation and the state or any political subdivision of the state other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.
53	53
54	54	(2) "Municipal public works contract" has the same meaning as provided in section 4a-60g of the general statutes, as amended by this act.
55	55
56	56	(3) "Quasi-public agency project" has the same meaning as provided in section 4a-60g of the general statutes, as amended by this act.
57	57
58	58	(4) "Awarding agency" has the same meaning as provided in section 4a-60g of the general statutes, as amended by this act.
59	59
60	60	Sec. 5. Section 46a-68b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
61	61
62	62	As used in [this section and] sections [4a-60, 4a-60a, 4a-62,] 46a-56 and 46a-68c to 46a-68k, inclusive: "Public works contract" means any agreement between any individual, firm or corporation and the state or any political subdivision of the state other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees and "municipal public works contract", "quasi-public agency project" and "awarding agency" have the same meanings as provided in section 4a-60g, as amended by this act.
63	63
64	64	Sec. 6. (Effective from passage) Notwithstanding the provisions of section 5 of this act and sections 4a-60g and 4a-60h of the general statutes, as amended by this act, any contract (1) for a quasi-public agency project or any municipal public works contract, as such terms were defined in section 4a-60g of the general statutes, as amended by this act, as in effect on January 1, 2017, and (2) entered into on or after October 1, 2015, and until the effective date of this section, shall not be affected by the provisions of section 5 of this act and sections 4a-60g and 4a-60h of the general statutes, as amended by this act, and the contracting parties shall comply with the applicable provisions of chapters 58 and 814c of the general statutes, as said chapters were in effect on January 1, 2017.
65	65
66	66
67	67
68	68
69	69	This act shall take effect as follows and shall amend the following sections:
70	70	Section 1 from passage 4a-60g(a)(14) and (15)
71	71	Sec. 2 from passage 4a-60g(b)(3) and (4)
72	72	Sec. 3 from passage 4a-60h(b)
73	73	Sec. 4 July 1, 2017 New section
74	74	Sec. 5 from passage 46a-68b
75	75	Sec. 6 from passage New section
76	76
77	77	This act shall take effect as follows and shall amend the following sections:
78	78
79	79	Section 1
80	80
81	81	from passage
82	82
83	83	4a-60g(a)(14) and (15)
84	84
85	85	Sec. 2
86	86
87	87	from passage
88	88
89	89	4a-60g(b)(3) and (4)
90	90
91	91	Sec. 3
92	92
93	93	from passage
94	94
95	95	4a-60h(b)
96	96
97	97	Sec. 4
98	98
99	99	July 1, 2017
100	100
101	101	New section
102	102
103	103	Sec. 5
104	104
105	105	from passage
106	106
107	107	46a-68b
108	108
109	109	Sec. 6
110	110
111	111	from passage
112	112
113	113	New section
114	114
115	115	Statement of Purpose:
116	116
117	117	To implement the Governor's budget recommendations.
118	118
119	119	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]