LCO No. 3115 1 of 35 General Assembly Governor's Bill No. 6444 January Session, 2021 LCO No. 3115 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT CONCERNING TH E MODERNIZATION OF STA TE SERVICES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 1-101qq of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) Except as provided in section 10a-151h, a state agency or 3 institution or quasi-public agency that is seeking a contractor for a large 4 state construction or procurement contract shall provide the summary 5 of state ethics laws developed by the Office of State Ethics pursuant to 6 section 1-81b to any person seeking a large state construction or 7 procurement contract. [Such person shall affirm to the agency or 8 institution, in writing or electronically, (1) receipt of such summary, and 9 (2) that key employees of such person have read and understand the 10 summary and agree to comply with the provisions of state ethics law. 11 After the initial submission of such affirmation, such person shall not be 12 required to resubmit such affirmation unless there is a change in the 13 information contained in the affirmation. If there is any change in the 14 Governor's Bill No. 6444 LCO No. 3115 2 of 35 information contained in the most recently filed affirmation, such 15 person shall submit an updated affirmation either (A) not later than 16 thirty days after the effective date of any such change, or (B) upon the 17 submittal of any new bid or proposal, whichever is earlier.] No state 18 agency or institution or quasi-public agency shall [accept a bid or 19 proposal for] enter into a large state construction or procurement 20 contract [without such affirmation] unless such contract contains a 21 representation that the chief executive officer or authorized signatory of 22 the contract and all key employees of such officer or signatory have read 23 and understood the summary and agree to comply with the provisions 24 of state ethics law. 25 (b) Except as provided in section 10a-151h, prior to entering into a 26 contract with any subcontractors or consultants, each large state 27 construction or procurement contractor shall [(1)] provide the summary 28 of state ethics laws described in subsection (a) of this section to all 29 subcontractors and consultants. [, and (2) obtain an affirmation from 30 each subcontractor and consultant that such subcontractor and 31 consultant has received such summary and key employees of such 32 subcontractor and consultant have read and understand the summary 33 and agree to comply with its provisions. The contractor shall provide 34 such affirmations to the state agency, institution or quasi-public agency 35 not later than fifteen days after the request of such agency, institution or 36 quasi-public agency for such affirmation.] Each contract entered into 37 with a subcontractor or consultant on or after July 1, 2021, shall include 38 a representation that each subcontractor or consultant and the key 39 employees of such subcontractor or consultant have read and 40 understood the summary and agree to comply with the provisions of 41 state ethics law. Failure to [submit such affirmations in a timely manner] 42 include such representations in such contracts with subcontractors or 43 consultants shall be cause for termination of the large state construction 44 or procurement contract. 45 (c) Each contract with a contractor, subcontractor or consultant 46 described in subsection (a) or (b) of this section shall incorporate such 47 summary by reference as a part of the contract terms. 48 Governor's Bill No. 6444 LCO No. 3115 3 of 35 Sec. 2. Section 4-252 of the general statutes is repealed and the 49 following is substituted in lieu thereof (Effective July 1, 2021): 50 (a) Except as provided in section 10a-151f, on and after July 1, [2006] 51 2021, no state agency or quasi-public agency shall execute a large state 52 contract unless [the state agency or quasi-public agency obtains the 53 written or electronic certification] such contract contains the 54 representation described in this section. [Each such certification shall be 55 sworn as true to the best knowledge and belief of the person signing the 56 certification, subject to the penalties of false statement. If there is any 57 change in the information contained in the most recently filed 58 certification, such person shall submit an updated certification either (1) 59 not later than thirty days after the effective date of any such change, or 60 (2) upon the submittal of any new bid or proposal for a large state 61 contract, whichever is earlier. Such person shall also submit to the state 62 agency or quasi-public agency an accurate, updated certification not 63 later than fourteen days after the twelve-month anniversary of the most 64 recently filed certification or updated certification.] 65 (b) The official or employee of such state agency or quasi-public 66 agency who is authorized to execute state contracts shall [certify] 67 represent that the selection of the most qualified or highest ranked 68 person, firm or corporation was not the result of collusion, the giving of 69 a gift or the promise of a gift, compensation, fraud or inappropriate 70 influence from any person. 71 (c) Any principal or key personnel of the person, firm or corporation 72 submitting a bid or proposal for a large state contract shall [certify] 73 represent: 74 (1) That no gifts were made by (A) such person, firm, corporation, (B) 75 any principals and key personnel of the person, firm or corporation, 76 who participate substantially in preparing bids, proposals or 77 negotiating state contracts, or (C) any agent of such person, firm, 78 corporation or principals and key personnel, who participates 79 substantially in preparing bids, proposals or negotiating state contracts, 80 Governor's Bill No. 6444 LCO No. 3115 4 of 35 to (i) any public official or state employee of the state agency or quasi-81 public agency soliciting bids or proposals for state contracts, who 82 participates substantially in the preparation of bid solicitations or 83 requests for proposals for state contracts or the negotiation or award of 84 state contracts, or (ii) any public official or state employee of any other 85 state agency, who has supervisory or appointing authority over such 86 state agency or quasi-public agency; 87 (2) That no such principals and key personnel of the person, firm or 88 corporation, or agent of such person, firm or corporation or principals 89 and key personnel, knows of any action by the person, firm or 90 corporation to circumvent such prohibition on gifts by providing for 91 any other principals and key personnel, official, employee or agent of 92 the person, firm or corporation to provide a gift to any such public 93 official or state employee; and 94 (3) That the person, firm or corporation is submitting bids or 95 proposals without fraud or collusion with any person. 96 (d) Any bidder or proposer that does not [make the certification] 97 agree to the representations required under this section shall be 98 [disqualified] rejected and the state agency or quasi-public agency shall 99 award the contract to the next highest ranked proposer or the next 100 lowest responsible qualified bidder or seek new bids or proposals. 101 (e) Each state agency and quasi-public agency shall include in the bid 102 specifications or request for proposals for a large state contract a notice 103 of the [certification] representation requirements of this section. 104 Sec. 3. Section 4-252a of the general statutes is repealed and the 105 following is substituted in lieu thereof (Effective July 1, 2021): 106 (a) For purposes of this section, "state agency" and "quasi-public 107 agency" have the same meanings as provided in section 1-79, "large state 108 contract" has the same meaning as provided in section 4-250 and "entity" 109 means any corporation, general partnership, limited partnership, 110 limited liability partnership, joint venture, nonprofit organization or 111 Governor's Bill No. 6444 LCO No. 3115 5 of 35 other business organization whose principal place of business is located 112 outside of the United States, but excludes any United States subsidiary 113 of a foreign corporation. 114 (b) No state agency or quasi-public agency shall enter into any large 115 state contract, or amend or renew any such contract with any entity 116 [who (1) has failed to submit a written certification indicating whether 117 or not such entity has] unless such contract contains a representation 118 that such entity has not made a direct investment of twenty million 119 dollars or more in the energy sector of Iran on or after October 1, 2013, 120 as described in Section 202 of the Comprehensive Iran Sanctions, 121 Accountability and Divestment Act of 2010, [or has] and has not 122 increased or renewed such investment on or after said date. [, or (2) has 123 submitted a written certification indicating that such entity has made 124 such an investment on or after October 1, 2013, or has increased or 125 renewed such an investment on or after said date. Each such 126 certification shall be sworn as true to the best knowledge and belief of 127 the entity signing the certification, subject to the penalties of false 128 statement.] 129 (c) Each state agency and quasi-public agency shall include in the bid 130 specifications or request for proposals for a large state contract a notice 131 of the [certification] representation requirements of this section. [Prior 132 to submitting a bid or proposal for a large state contract, each bidder or 133 proposer who is an entity shall submit a certification that such bidder or 134 proposer has or has not made an investment as described in subsection 135 (b) of this section.] 136 (d) Any entity [who] that makes a good faith effort to determine 137 whether such entity has made an investment described in subsection (b) 138 of this section shall not be subject to the penalties of false statement 139 pursuant to this section. A "good faith effort" for purposes of this 140 subsection includes a determination that such entity is not on the list of 141 persons who engage in certain investment activities in Iran created by 142 the Department of General Services of the state of California pursuant 143 to Division 2, Chapter 2.7 of the California Public Contract Code. 144 Governor's Bill No. 6444 LCO No. 3115 6 of 35 Nothing in this subsection shall be construed to impair the ability of the 145 state agency or quasi-public agency to pursue a breach of contract action 146 for any violation of the provisions of the contract. 147 (e) The provisions of this section shall not apply to any contract of the 148 Treasurer as trustee of the Connecticut retirement plans and trust funds, 149 as defined in section 3-13c, provided nothing in this subsection shall be 150 construed to prevent the Treasurer from performing his or her fiduciary 151 duties under section 3-13g. 152 Sec. 4. Section 4a-81 of the general statutes is repealed and the 153 following is substituted in lieu thereof (Effective July 1, 2021): 154 (a) Except as provided in section 10a-151f, no state agency or quasi-155 public agency shall execute a contract for the purchase of goods or 156 services, which contract has a total value to the state of fifty thousand 157 dollars or more in any calendar or fiscal year, unless [the state agency or 158 quasi-public agency obtains the affidavit] such contract contains the 159 representations described in subsection (b) of this section. 160 (b) (1) [Any principal or key personnel of a person, firm or 161 corporation who submit bids or proposals for a] Each contract described 162 in subsection (a) of this section shall [attest in an affidavit as to] include 163 a representation whether any consulting agreement has been entered 164 into in connection with any such contract. Such [affidavit] 165 representation shall be required if any duties of the consultant included 166 communications concerning business of a state or quasi-public agency, 167 whether or not direct contact with a state agency, state or public official 168 or state employee was expected or made. As used in this section, 169 "consulting agreement" means any written or oral agreement to retain 170 the services, for a fee, of a consultant for the purposes of (A) providing 171 counsel to a contractor, vendor, consultant or other entity seeking to 172 conduct, or conducting, business with the state, (B) contacting, whether 173 in writing or orally, any executive, judicial, or administrative office of 174 the state, including any department, institution, bureau, board, 175 commission, authority, official or employee for the purpose of 176 Governor's Bill No. 6444 LCO No. 3115 7 of 35 solicitation, dispute resolution, introduction, requests for information, 177 or (C) any other similar activity related to such contracts. "Consulting 178 agreement" does not include any agreements entered into with a 179 consultant who is registered under the provisions of chapter 10 as of the 180 date such [affidavit is submitted] contract is executed in accordance 181 with the provisions of this section. 182 (2) Such [affidavit] representation shall be sworn as true to the best 183 knowledge and belief of the person signing the [certification on the 184 affidavit] contract and shall be subject to the penalties of false statement. 185 (3) Such [affidavit] representation shall include the following 186 information for each consulting agreement listed: The name of the 187 consultant, the consultant's firm, the basic terms of the consulting 188 agreement, a brief description of the services provided, and an 189 indication as to whether the consultant is a former state employee or 190 public official. If the consultant is a former state employee or public 191 official, such [affidavit] representation shall indicate his or her former 192 agency and the date such employment terminated. 193 [(4) After the initial submission of such affidavit, the principal or key 194 personnel of the person, firm or corporation shall not be required to 195 resubmit such affidavit unless there is a change in the information 196 contained in such affidavit. If there is any change in the information 197 contained in the most recently filed affidavit required under this section, 198 the principal or key personnel of a person, firm or corporation who 199 submit bids or proposals for a contract described in subsection (a) of this 200 section shall submit an updated affidavit either (A) not later than thirty 201 days after the effective date of any such change, or (B) upon the 202 submittal of any new bid or proposal, whichever is earlier.] 203 (c) Each state agency and quasi-public agency shall include a notice 204 of the [affidavit] representation requirements of this section in the bid 205 specifications or request for proposals for any contract that is described 206 in subsection (a) of this section. 207 (d) If a bidder or vendor refuses to [submit the affidavit] agree to the 208 Governor's Bill No. 6444 LCO No. 3115 8 of 35 representations required under [subsection] subsections (a) and (b) of 209 this section, such bidder or vendor shall be [disqualified] rejected and 210 the state agency or quasi-public agency shall award the contract to the 211 next highest ranked vendor or the next lowest responsible qualified 212 bidder or seek new bids or proposals. 213 Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general 214 statutes is repealed and the following is substituted in lieu thereof 215 (Effective July 1, 2021): 216 (2) (A) No state contractor, prospective state contractor, principal of 217 a state contractor or principal of a prospective state contractor, with 218 regard to a state contract or a state contract solicitation with or from a 219 state agency in the executive branch or a quasi-public agency or a 220 holder, or principal of a holder, of a valid prequalification certificate, 221 shall make a contribution to, or, on and after January 1, 2011, knowingly 222 solicit contributions from the state contractor's or prospective state 223 contractor's employees or from a subcontractor or principals of the 224 subcontractor on behalf of (i) an exploratory committee or candidate 225 committee established by a candidate for nomination or election to the 226 office of Governor, Lieutenant Governor, Attorney General, State 227 Comptroller, Secretary of the State or State Treasurer, (ii) a political 228 committee authorized to make contributions or expenditures to or for 229 the benefit of such candidates, or (iii) a party committee; 230 (B) No state contractor, prospective state contractor, principal of a 231 state contractor or principal of a prospective state contractor, with 232 regard to a state contract or a state contract solicitation with or from the 233 General Assembly or a holder, or principal of a holder, of a valid 234 prequalification certificate, shall make a contribution to, or, on and after 235 January 1, 2011, knowingly solicit contributions from the state 236 contractor's or prospective state contractor's employees or from a 237 subcontractor or principals of the subcontractor on behalf of (i) an 238 exploratory committee or candidate committee established by a 239 candidate for nomination or election to the office of state senator or state 240 representative, (ii) a political committee authorized to make 241 Governor's Bill No. 6444 LCO No. 3115 9 of 35 contributions or expenditures to or for the benefit of such candidates, or 242 (iii) a party committee; 243 (C) If a state contractor or principal of a state contractor makes or 244 solicits a contribution as prohibited under subparagraph (A) or (B) of 245 this subdivision, as determined by the State Elections Enforcement 246 Commission, the contracting state agency or quasi-public agency may, 247 in the case of a state contract executed on or after February 8, 2007, void 248 the existing contract with such contractor, and no state agency or quasi-249 public agency shall award the state contractor a state contract or an 250 extension or an amendment to a state contract for one year after the 251 election for which such contribution is made or solicited unless the 252 commission determines that mitigating circumstances exist concerning 253 such violation. No violation of the prohibitions contained in 254 subparagraph (A) or (B) of this subdivision shall be deemed to have 255 occurred if, and only if, the improper contribution is returned to the 256 principal by the later of thirty days after receipt of such contribution by 257 the recipient committee treasurer or the filing date that corresponds 258 with the reporting period in which such contribution was made; 259 (D) If a prospective state contractor or principal of a prospective state 260 contractor makes or solicits a contribution as prohibited under 261 subparagraph (A) or (B) of this subdivision, as determined by the State 262 Elections Enforcement Commission, no state agency or quasi-public 263 agency shall award the prospective state contractor the contract 264 described in the state contract solicitation or any other state contract for 265 one year after the election for which such contribution is made or 266 solicited unless the commission determines that mitigating 267 circumstances exist concerning such violation. The Commissioner of 268 Administrative Services shall notify applicants of the provisions of this 269 subparagraph and subparagraphs (A) and (B) of this subdivision during 270 the prequalification application process; [and] 271 (E) The State Elections Enforcement Commission shall make 272 available to each state agency and quasi-public agency a written notice 273 advising state contractors and prospective state contractors of the 274 Governor's Bill No. 6444 LCO No. 3115 10 of 35 contribution and solicitation prohibitions contained in subparagraphs 275 (A) and (B) of this subdivision. Such notice shall: (i) Direct each state 276 contractor and prospective state contractor to inform each individual 277 described in subparagraph (F) of subdivision (1) of this subsection, with 278 regard to such state contractor or prospective state contractor, about the 279 provisions of subparagraph (A) or (B) of this subdivision, whichever is 280 applicable, and this subparagraph; (ii) inform each state contractor and 281 prospective state contractor of the civil and criminal penalties that could 282 be imposed for violations of such prohibitions if any such contribution 283 is made or solicited; (iii) inform each state contractor and prospective 284 state contractor that, in the case of a state contractor, if any such 285 contribution is made or solicited, the contract may be voided; (iv) inform 286 each state contractor and prospective state contractor that, in the case of 287 a prospective state contractor, if any such contribution is made or 288 solicited, the contract described in the state contract solicitation shall not 289 be awarded, unless the commission determines that mitigating 290 circumstances exist concerning such violation; and (v) inform each state 291 contractor and prospective state contractor that the state will not award 292 any other state contract to anyone found in violation of such 293 prohibitions for a period of one year after the election for which such 294 contribution is made or solicited, unless the commission determines that 295 mitigating circumstances exist concerning such violation. Each state 296 agency and quasi-public agency shall [distribute such notice to the chief 297 executive officer of its contractors and prospective state contractors, or 298 an authorized signatory to a state contract, and shall obtain a written 299 acknowledgment of the receipt of such notice.] include in the bid 300 specifications or request for proposals for a state contract, a copy of or 301 Internet link to such notice. No state agency or quasi-public agency shall 302 execute a state contract unless such contract contains a representation 303 that the chief executive officer or authorized signatory of the contract 304 has received such notice; and 305 (F) (i) Any principal of the state contractor or prospective state 306 contractor submitting a bid or proposal for a state contract shall certify 307 that neither the contractor or prospective state contractor, nor any of its 308 Governor's Bill No. 6444 LCO No. 3115 11 of 35 principals, have made any contributions to, or solicited any 309 contributions on behalf of, any party committee, exploratory committee, 310 candidate for state-wide office or for the General Assembly, or political 311 committee authorized to make contributions to or expenditures to or for, 312 the benefit of such candidates, in the previous four years, that were 313 determined by the State Elections Enforcement Commission to be in 314 violation of subparagraph (A) or (B) of this subdivision, without 315 mitigating circumstances having been found to exist concerning such 316 violation. Each such certification shall be sworn as true to the best 317 knowledge and belief of the person signing the certification, subject to 318 the penalties of false statement. If there is any change in the information 319 contained in the most recently filed certification, such person shall 320 submit an updated certification not later than thirty days after the 321 effective date of any such change or upon the submittal of any new bid 322 or proposal for a state contract, whichever is earlier. 323 (ii) Each state agency and quasi-public agency shall include in the bid 324 specifications or request for proposals for a state contract a notice of the 325 certification requirements of this subparagraph. No state agency or 326 quasi-public agency shall execute a state contract unless the state agency 327 or quasi-public agency obtains the written certification described in this 328 subparagraph. 329 (iii) Any principal of the state contractor or prospective state 330 contractor submitting a bid or proposal for a state contract shall disclose 331 on the certification all contributions made by any of its principals to any 332 party committee, exploratory committee, candidate for state-wide office 333 or for the General Assembly, or political committee authorized to make 334 contributions to or expenditures to or for the benefit of such candidates 335 for a period of four years prior to the signing of the contract or date of 336 the response to the bid, whichever is longer, and certify that all such 337 contributions have been disclosed. 338 Sec. 6. Subsection (c) of section 4a-60 of the general statutes is 339 repealed and the following is substituted in lieu thereof (Effective July 1, 340 2021): 341 Governor's Bill No. 6444 LCO No. 3115 12 of 35 (c) Except as provided in section 10a-151i: 342 (1) Any contractor who has one or more contracts with an awarding 343 agency or who is a party to a municipal public works contract or a 344 contract for a quasi-public agency project [, where any such contract is 345 valued at less than fifty thousand dollars for each year of the contract, 346 shall provide the awarding agency, or in the case of a municipal public 347 works or quasi-public agency project contract, the Commission on 348 Human Rights and Opportunities, with a written or electronic 349 representation that complies with the nondiscrimination agreement and 350 warranty under subdivision (1) of subsection (a) of this section, 351 provided if there is any change in such representation, the contractor 352 shall provide the updated representation to the awarding agency or 353 commission not later than thirty days after such change] shall include a 354 nondiscrimination affirmation provision certifying that the contractor 355 understands the obligations of this section and will maintain a policy for 356 the duration of the contract to assure that the contract will be performed 357 in compliance with the nondiscrimination requirements of subsection 358 (a) of this section. The authorized signatory of the contract shall 359 demonstrate his or her understanding of this obligation by either (A) 360 initialing the nondiscrimination affirmation provision in the body of the 361 contract, or (B) providing an affirmative response in the required online 362 bid or response to a proposal question which asks if the contractor 363 understands its obligations. 364 [(2) Any contractor who has one or more contracts with an awarding 365 agency or who is a party to a municipal public works contract or a 366 contract for a quasi-public agency project, where any such contract is 367 valued at fifty thousand dollars or more for any year of the contract, 368 shall provide the awarding agency, or in the case of a municipal public 369 works or quasi-public agency project contract, the Commission on 370 Human Rights and Opportunities, with any one of the following: 371 (A) Documentation in the form of a company or corporate policy 372 adopted by resolution of the board of directors, shareholders, managers, 373 members or other governing body of such contractor that complies with 374 Governor's Bill No. 6444 LCO No. 3115 13 of 35 the nondiscrimination agreement and warranty under subdivision (1) of 375 subsection (a) of this section; 376 (B) Documentation in the form of a company or corporate policy 377 adopted by a prior resolution of the board of directors, shareholders, 378 managers, members or other governing body of such contractor if (i) the 379 prior resolution is certified by a duly authorized corporate officer of 380 such contractor to be in effect on the date the documentation is 381 submitted, and (ii) the head of the awarding agency, or a designee, or in 382 the case of a municipal public works or quasi-public agency project 383 contract, the executive director of the Commission on Human Rights 384 and Opportunities or a designee, certifies that the prior resolution 385 complies with the nondiscrimination agreement and warranty under 386 subdivision (1) of subsection (a) of this section; or 387 (C) Documentation in the form of an affidavit signed under penalty 388 of false statement by a chief executive officer, president, chairperson or 389 other corporate officer duly authorized to adopt company or corporate 390 policy that certifies that the company or corporate policy of the 391 contractor complies with the nondiscrimination agreement and 392 warranty under subdivision (1) of subsection (a) of this section and is in 393 effect on the date the affidavit is signed.] 394 [(3)] (2) No awarding agency, or in the case of a municipal public 395 works contract, no municipality, or in the case of a quasi-public agency 396 project contract, no entity, shall award a contract to a contractor [who] 397 that has not [provided the representation or documentation] included 398 the nondiscrimination affirmation provision in the contract and 399 demonstrated its understanding of such provision as required under 400 [subdivisions] subdivision (1) [and (2)] of this subsection. [, as 401 applicable. After the initial submission of such representation or 402 documentation, the contractor shall not be required to resubmit such 403 representation or documentation unless there is a change in the 404 information contained in such representation or documentation. If there 405 is any change in the information contained in the most recently filed 406 representation or updated documentation, the contractor shall submit 407 Governor's Bill No. 6444 LCO No. 3115 14 of 35 an updated representation or documentation, as applicable, either (A) 408 not later than thirty days after the effective date of such change, or (B) 409 upon the execution of a new contract with the awarding agency, 410 municipality or entity, as applicable, whichever is earlier. Such 411 contractor shall also certify, in accordance with subparagraph (B) or (C) 412 of subdivision (2) of this subsection, to the awarding agency or 413 commission, as applicable, not later than fourteen days after the twelve-414 month anniversary of the most recently filed representation, 415 documentation or updated representation or documentation, that the 416 representation on file with the awarding agency or commission, as 417 applicable, is current and accurate.] 418 Sec. 7. Subsection (b) of section 4a-60a of the general statutes is 419 repealed and the following is substituted in lieu thereof (Effective July 1, 420 2021): 421 (b) Except as provided in section 10a-151i: 422 (1) Any contractor who has one or more contracts with an awarding 423 agency or who is a party to a municipal public works contract or a 424 contract for a quasi-public agency project [, where any such contract is 425 valued at less than fifty thousand dollars for each year of the contract, 426 shall provide the awarding agency, or in the case of a municipal public 427 works or quasi-public agency project contract, the Commission on 428 Human Rights and Opportunities, with a written representation that 429 complies with the nondiscrimination agreement and warranty under 430 subdivision (1) of subsection (a) of this section] shall include a 431 nondiscrimination affirmation provision in the contract certifying that 432 the contractor understands the obligations of this section and will 433 maintain a policy for the duration of the contract to assure that the 434 contract will be performed in conformance with the nondiscrimination 435 requirements of this section. The authorized signatory of the contract 436 shall demonstrate his or her understanding of this obligation by either 437 (A) initialing the nondiscrimination affirmation provision in the body of 438 the contract, or (B) providing an affirmative response in the required 439 online bid or response to a proposal question which asks if the 440 Governor's Bill No. 6444 LCO No. 3115 15 of 35 contractor understands its obligations. 441 [(2) Any contractor who has one or more contracts with an awarding 442 agency or who is a party to a municipal public works contract or a 443 contract for a quasi-public agency project, where any such contract is 444 valued at fifty thousand dollars or more for any year of the contract, 445 shall provide such awarding agency, or in the case of a municipal public 446 works or quasi-public agency project contract, the Commission on 447 Human Rights and Opportunities, with any of the following: 448 (A) Documentation in the form of a company or corporate policy 449 adopted by resolution of the board of directors, shareholders, managers, 450 members or other governing body of such contractor that complies with 451 the nondiscrimination agreement and warranty under subdivision (1) of 452 subsection (a) of this section; 453 (B) Documentation in the form of a company or corporate policy 454 adopted by a prior resolution of the board of directors, shareholders, 455 managers, members or other governing body of such contractor if (i) the 456 prior resolution is certified by a duly authorized corporate officer of 457 such contractor to be in effect on the date the documentation is 458 submitted, and (ii) the head of the awarding agency, or a designee, or in 459 the case of a municipal public works or quasi-public agency project 460 contract, the executive director of the Commission on Human Rights 461 and Opportunities or a designee, certifies that the prior resolution 462 complies with the nondiscrimination agreement and warranty under 463 subdivision (1) of subsection (a) of this section; or 464 (C) Documentation in the form of an affidavit signed under penalty 465 of false statement by a chief executive officer, president, chairperson or 466 other corporate officer duly authorized to adopt company or corporate 467 policy that certifies that the company or corporate policy of the 468 contractor complies with the nondiscrimination agreement and 469 warranty under subdivision (1) of subsection (a) of this section and is in 470 effect on the date the affidavit is signed.] 471 [(3)] (2) No awarding agency, or in the case of a municipal public 472 Governor's Bill No. 6444 LCO No. 3115 16 of 35 works contract, no municipality, or in the case of a quasi-public agency 473 project contract, no entity, shall award a contract to a contractor who has 474 not [provided the representation or documentation] included the 475 nondiscrimination affirmation provision in the contract and 476 demonstrated its understanding of such provision as required under 477 [subdivisions] subdivision (1) [and (2)] of this subsection. [, as 478 applicable. After the initial submission of such representation or 479 documentation, the contractor shall not be required to resubmit such 480 representation or documentation unless there is a change in the 481 information contained in such representation or documentation. If there 482 is any change in the information contained in the most recently filed 483 representation or updated documentation, the contractor shall submit 484 an updated representation or documentation, as applicable, either (A) 485 not later than thirty days after the effective date of such change, or (B) 486 upon the execution of a new contract with the awarding agency, 487 municipality, or entity, as applicable, whichever is earlier. Such 488 contractor shall also certify, in accordance with subparagraph (B) or (C) 489 of subdivision (2) of this subsection, to the awarding agency or 490 commission, as applicable, not later than fourteen days after the twelve-491 month anniversary of the most recently filed representation, 492 documentation or updated representation or documentation, that the 493 representation on file with the awarding agency or commission, as 494 applicable, is current and accurate.] 495 Sec. 8. Subdivision (1) of subsection (a) of section 4a-60g of the general 496 statutes is repealed and the following is substituted in lieu thereof 497 (Effective October 1, 2021, and applicable to certifications issued or renewed on 498 or after said date): 499 (1) "Small contractor" means (A) any contractor, subcontractor, 500 manufacturer, service company or [nonprofit] corporation that [(A) 501 that] (i) maintains its principal place of business in the state, [(B) that 502 had gross revenues not exceeding twenty million dollars in the most 503 recently completed fiscal year prior to such application, and (C) that is 504 independent. "Small contractor" does not include any person who is 505 affiliated with another person if both persons considered together have 506 Governor's Bill No. 6444 LCO No. 3115 17 of 35 a gross revenue exceeding twenty million dollars] and (ii) is certified as 507 a small business with the United States Small Business Administration, 508 or (B) any nonprofit corporation that (i) maintains its principal place of 509 business in the state, (ii) had gross revenues not exceeding twenty 510 million dollars in the most recently completed fiscal year prior to such 511 application, and (iii) is independent. 512 Sec. 9. Subdivision (9) of subsection (a) of section 4a-60g of the general 513 statutes is repealed and the following is substituted in lieu thereof 514 (Effective October 1, 2021, and applicable to certifications issued or renewed on 515 or after said date): 516 (9) "Nonprofit corporation" means a [nonprofit] nonstock corporation 517 incorporated pursuant to chapter 602 or any predecessor statutes 518 thereto, which is exempt from taxation under any provision of section 519 501 of the Internal Revenue Code of 1986, or any subsequent 520 corresponding internal revenue code of the United States, as amended 521 from time to time. 522 Sec. 10. Subsection (f) of section 4a-60g of the general statutes is 523 repealed and the following is substituted in lieu thereof (Effective October 524 1, 2021): 525 (f) The awarding authority may require that a contractor or 526 subcontractor awarded a contract or a portion of a contract under this 527 section furnish the following documentation: (1) A copy of the certificate 528 of incorporation, certificate of limited partnership, partnership 529 agreement or other organizational documents of the contractor or 530 subcontractor; (2) a copy of federal income tax returns filed by the 531 contractor or subcontractor for the previous year; [and] (3) evidence of 532 payment of fair market value for the purchase or lease by the contractor 533 or subcontractor of property or equipment from another contractor who 534 is not eligible for set-aside contracts under this section; (4) evidence that 535 the principal place of business of the contractor or subcontractor is 536 located in the state; and (5) for any contractor or subcontractor certified 537 under subsection (k) of this section on or after October 1, 2021, evidence 538 Governor's Bill No. 6444 LCO No. 3115 18 of 35 of certification with the United States Small Business Administration as 539 a small business. 540 Sec. 11. Subdivision (1) of subsection (k) of section 4a-60g of the 541 general statutes is repealed and the following is substituted in lieu 542 thereof (Effective October 1, 2021): 543 (k) (1) On or before January 1, 2000, the Commissioner of 544 Administrative Services shall establish a process for certification of 545 small contractors and minority business enterprises as eligible for set-546 aside contracts. Each certification shall be valid for a period not to 547 exceed two years, unless the Commissioner of Administrative Services 548 determines that an extension of such certification is warranted, 549 provided any such extension shall not exceed a period of six months 550 from such certification's original expiration date. [Any paper 551 application for certification shall be no longer than six pages.] Any 552 certification issued prior to October 1, 2021, shall remain valid for the 553 term listed on such certification unless revoked pursuant to subdivision 554 (2) of this subsection. The Department of Administrative Services shall 555 maintain on its web site an updated directory of small contractors and 556 minority business enterprises certified under this section. 557 Sec. 12. Subsection (b) of section 4a-57 of the general statutes is 558 repealed and the following is substituted in lieu thereof (Effective July 1, 559 2021): 560 (b) The commissioner may, at [his] the commissioner's discretion, 561 waive the requirement of competitive bidding or competitive 562 negotiation in the case of minor nonrecurring [and] or emergency 563 purchases of ten thousand dollars or less in amount. 564 Sec. 13. Section 4a-60b of the general statutes is repealed and the 565 following is substituted in lieu thereof (Effective July 1, 2021): 566 (a) For the purposes of this section: 567 (1) "Reverse auction" means an on-line bidding process in which 568 Governor's Bill No. 6444 LCO No. 3115 19 of 35 qualified bidders or qualified proposers, anonymous to each other, 569 submit bids or proposals to provide goods, [or] supplies or services 570 pursuant to an invitation to bid or request for proposals; [and] 571 (2) "Contracting agency" means a state agency with statutory 572 authority to award contracts for goods, [or] supplies or services, or a 573 political subdivision of the state or school district; and 574 (3) "Services" does not include construction or construction-related 575 services. 576 (b) Notwithstanding any provision of the general statutes, whenever 577 a contracting agency determines that the use of a reverse auction is 578 advantageous to the contracting agency and will ensure a competitive 579 contract award, the contracting agency may use a reverse auction to 580 award a contract for goods, [or] supplies or services, in accordance with 581 any applicable requirement of the general statutes and policies of the 582 contracting agency. The contracting agency may contract with a third 583 party to prepare and manage any such reverse auction. 584 Sec. 14. Section 32-39e of the general statutes is repealed and the 585 following is substituted in lieu thereof (Effective July 1, 2021): 586 (a) If, in the exercise of its powers under section 32-39, Connecticut 587 Innovations, Incorporated (1) finds that the use of a certain technology, 588 product or process (A) would promote public health and safety, 589 environmental protection or economic development, or (B) with regard 590 to state services, would promote efficiency, reduce administrative 591 burdens or otherwise improve such services, and (2) determines such 592 technology, product or process was developed by a business (A) 593 domiciled in this state to which the corporation has provided financial 594 assistance or in which the corporation has invested, or (B) which has 595 been certified as a small contractor or minority business enterprise by 596 the Commissioner of Administrative Services under section 4a-60g, as 597 amended by this act, the corporation, upon application of such business, 598 may recommend to the Secretary of the Office of Policy and 599 Management that an agency of the state, including, but not limited to, 600 Governor's Bill No. 6444 LCO No. 3115 20 of 35 any constituent unit of the state system of higher education, be 601 [directed] authorized to test such technology, product or process by 602 employing it in the operations of such agency on a trial basis. The 603 purpose of such test program shall be to validate the commercial 604 viability of such technology, product or process provided no business 605 in which Connecticut Innovations, Incorporated has invested shall be 606 required to participate in such program. 607 (b) [No] Connecticut Innovations, Incorporated shall make no such 608 recommendation [may be made] unless such business has submitted a 609 viable business plan to Connecticut Innovations, Incorporated for 610 manufacturing and marketing such technology, product or process and 611 such business demonstrates that (1) [will manufacture or produce such 612 technology, product or process in this state, (2) demonstrates that] the 613 usage of such technology, product or process by the state agency will 614 not adversely affect safety, [(3) demonstrates that] (2) sufficient research 615 and development has occurred to warrant participation in the test 616 program, [and (4) demonstrates that] (3) the technology, product or 617 process has potential for commercialization not later than two years 618 following the completion of any test program involving a state agency 619 under this section, and (4) such technology, product or process will have 620 a positive economic impact in the state, including the prospective 621 addition of jobs and economic activity upon such commercialization. 622 [(b)] (c) If the Secretary of the Office of Policy and Management finds 623 that employing such technology, product or process would be feasible 624 in the operations of a state agency and would not have any detrimental 625 effect on such operations, said secretary, notwithstanding the 626 requirement of chapter 58, may direct an agency of the state to accept 627 delivery of such technology, product or process and to undertake such 628 a test program. [Any] The Secretary of the Office of Policy and 629 Management, in consultation with the Commissioner of Administrative 630 Services, the chief executive officer of Connecticut Innovations, 631 Incorporated and the department head of the testing agency, shall 632 determine, on a case-by-case basis, whether the costs associated with the 633 acquisition and use of such technology, product or process by the testing 634 Governor's Bill No. 6444 LCO No. 3115 21 of 35 agency shall be borne by Connecticut Innovations, Incorporated, the 635 business or by any investor or participant in such business. The 636 acquisition of any technology, product or process for purposes of the 637 test program established pursuant to this section shall not be deemed to 638 be a purchase under the provisions of the state procurement policy. The 639 testing agency, on behalf of Connecticut Innovations, Incorporated shall 640 maintain records related to such test program, as requested by 641 Connecticut Innovations, Incorporated and shall make such records and 642 any other information derived from such test program available to 643 Connecticut Innovations, Incorporated and the business. Any 644 proprietary information derived from such test program shall be 645 exempt from the provisions of subsection (a) of section 1-210. 646 (d) If the Secretary of the Office of Policy and Management, in 647 consultation with the Commissioner of Administrative Services, the 648 chief executive officer of Connecticut Innovations, Incorporated and the 649 department head of the testing agency, determines that the test program 650 sufficiently demonstrates that the technology, product or process 651 promotes public health and safety, environmental protection, economic 652 development or efficiency, reduces administrative burdens or otherwise 653 improves state services, the Commissioner of Administrative Services 654 may procure such technology, product or process for use by any or all 655 state agencies pursuant to subsection (b) of section 4a-58. 656 [(c)] (e) The Secretary of the Office of Policy and Management, the 657 Commissioner of Administrative Services and Connecticut Innovations, 658 Incorporated may develop a program to recognize state agencies that 659 help to promote public health and safety, environmental protection, [or] 660 economic development or efficiency; reduce administrative burdens or 661 improve state services by participating in a testing program under this 662 section. Such program may include the creation of a fund established 663 with savings accrued by the testing agency during its participation in 664 the testing program established under this section. Such fund shall only 665 be used to implement the program of recognition established by the 666 Secretary of the Office of Policy and Management, the Commissioner of 667 Administrative Services and Connecticut Innovations, Incorporated, 668 Governor's Bill No. 6444 LCO No. 3115 22 of 35 under the provisions of this subsection. 669 Sec. 15. Section 4a-53 of the general statutes is repealed and the 670 following is substituted in lieu thereof (Effective July 1, 2021): 671 (a) The Commissioner of Administrative Services may join with 672 federal agencies, other state governments, political subdivisions of this 673 state or nonprofit organizations in cooperative purchasing plans when 674 the best interests of the state would be served thereby. 675 (b) [The state, through] Any state agency, with the approval of the 676 Commissioner of Administrative Services or his or her designee, may 677 purchase equipment, supplies, materials and services from a person 678 who has a contract to sell such property or services to other state 679 governments, other branches, divisions or departments of this state, 680 political subdivisions of this state, nonprofit organizations or public 681 purchasing consortia, in accordance with the terms and conditions of 682 such contract. 683 (c) The Commissioner of Administrative Services, in conjunction with 684 the Department of Energy and Environmental Protection and within 685 available appropriations, shall make known to the chief executive 686 officer of each municipality the existence of cooperative plans for the 687 purchase of recycled paper. 688 Sec. 16. Section 4a-19 of the general statutes is repealed and the 689 following is substituted in lieu thereof (Effective July 1, 2021): 690 There shall be a State Insurance and Risk Management Board 691 consisting of [twelve] nine persons whom the Governor shall appoint 692 subject to the provisions of section 4-9a. [Four] Three of such appointees 693 shall be public members and [eight] six shall be qualified by training 694 and experience to carry out their duties under the provisions of sections 695 4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member 696 of said board and may designate another person to act in his or her 697 place. Not more than [eight] five appointed members of said board shall, 698 at any time, be members of the same political party. Said appointed 699 Governor's Bill No. 6444 LCO No. 3115 23 of 35 members shall receive no compensation for the performance of their 700 duties as such but shall be reimbursed for their necessary expenses. The 701 board shall meet at least once during each calendar quarter and at such 702 other times as the chairperson deems necessary. Special meetings shall 703 be held on the request of a majority of the board after notice in 704 accordance with the provisions of section 1-225. [A majority] Five of the 705 members of the board shall constitute a quorum. Any member who fails 706 to attend three consecutive meetings or who fails to attend fifty per cent 707 of all meetings held during any calendar year shall be deemed to have 708 resigned from office. Said board shall be within the Department of 709 Administrative Services, provided the board shall have independent 710 decision-making authority. Said department shall provide staff support 711 for the board. 712 Sec. 17. (NEW) (Effective July 1, 2021) (a) As used in this section, 713 "agency" means each state board, authority, commission, department, 714 office, institution, council or other agency of the state including, but not 715 limited to, each constituent unit and each public institution of higher 716 education, and "quasi-public agency" has the same meaning as provided 717 in section 1-120 of the general statutes. Notwithstanding any provision 718 of the general statutes or public or special act, but subject to the 719 provisions of chapter 15 of the general statutes, any payment of fees due 720 to an agency or quasi-public agency may be made by any means of 721 electronic funds transfer adopted by such agency or quasi-public 722 agency. 723 (b) Notwithstanding any provision of the general statutes or public 724 or special act, but subject to the provisions of chapter 15 of the general 725 statutes, any correspondence or communication required to be 726 delivered to an agency or quasi-public agency by registered or certified 727 mail, return receipt requested, may be delivered by electronic means 728 with proof of a delivery receipt, in accordance with the provisions of 729 chapter 15 of the general statutes. 730 (c) Notwithstanding any provision of the general statutes or public or 731 special act, but subject to the provisions of chapter 15 of the general 732 Governor's Bill No. 6444 LCO No. 3115 24 of 35 statutes, any correspondence or communication required to be 733 delivered to an agency or quasi-public agency by United States mail or 734 facsimile may be delivered by electronic means, provided such agency 735 or quasi-public agency has determined such electronic delivery is 736 appropriate for such correspondence or communication. 737 (d) Notwithstanding any provision of the general statutes or public 738 or special act, but subject to the provisions of chapter 15 of the general 739 statutes, any requirement that an agency or quasi-public agency insert 740 an advertisement of a legal notice in a newspaper shall include posting 741 such notice on the agency's or quasi-public agency's Internet web site or 742 other electronic portal of the agency which is available to the general 743 public. 744 Sec. 18. Subsection (b) of section 4d-7 of the general statutes is 745 repealed and the following is substituted in lieu thereof (Effective July 1, 746 2021): 747 (b) In order to facilitate the development of a fully integrated state-748 wide information services and telecommunication system that 749 effectively and efficiently supports data processing and 750 telecommunication requirements of all state agencies, the strategic plan 751 shall include: (1) Guidelines and standards for the architecture for 752 information and telecommunication systems that support state 753 agencies, including, but not limited to, standards for digital identity 754 verification under section 1-276 that are consistent with industry 755 standards and best practices; (2) plans for a cost-effective state-wide 756 telecommunication network to support state agencies, which network 757 may consist of different types of transmission media, including wire, 758 fiber and radio, and shall be able to support voice, data, electronic mail, 759 video and facsimile transmission requirements and any other form of 760 information exchange that takes place via electromagnetic media; (3) 761 identification of annual expenditures and major capital commitments 762 for information and telecommunication systems; (4) identification of all 763 state agency technology projects; (5) a description of the efforts of 764 executive branch state agencies to use e-government solutions to deliver 765 Governor's Bill No. 6444 LCO No. 3115 25 of 35 state services and conduct state programs, including the feedback and 766 demands of clients of such agencies received by such agencies and such 767 agencies' plans to address client concerns by using online solutions, 768 when such solutions are determined feasible by such agencies; and (6) 769 potential opportunities for increasing the efficiency or reducing the 770 costs of the state's information and telecommunication systems. 771 Sec. 19. Section 4a-67d of the general statutes is repealed and the 772 following is substituted in lieu thereof (Effective July 1, 2021): 773 (a) The fleet average for cars or light duty trucks purchased by the 774 state shall: (1) On and after October 1, 2001, have a United States 775 Environmental Protection Agency estimated highway gasoline mileage 776 rating of at least thirty-five miles per gallon and on and after January 1, 777 2003, have a United States Environmental Protection Agency estimated 778 highway gasoline mileage rating of at least forty miles per gallon, (2) 779 comply with the requirements set forth in 10 CFR 490 concerning the 780 percentage of alternative-fueled vehicles required in the state motor 781 vehicle fleet, and (3) obtain the best achievable mileage per pound of 782 carbon dioxide emitted in its class. The alternative-fueled vehicles 783 purchased by the state to comply with said requirements shall be 784 capable of operating on natural gas or electricity or any other system 785 acceptable to the United States Department of Energy that operates on 786 fuel that is available in the state. 787 (b) Notwithstanding any other provisions of this section, (1) on and 788 after January 1, 2008: (A) At least fifty per cent of all cars and light duty 789 trucks purchased or leased by the state shall be alternative-fueled, 790 hybrid electric or plug-in electric vehicles, (B) all alternative-fueled 791 vehicles purchased or leased by the state shall be certified to the 792 California Air Resources Board's Low Emission Vehicle II Ultra Low 793 Emission Vehicle Standard, and (C) all gasoline-powered light duty and 794 hybrid vehicles purchased or leased by the state shall, at a minimum, be 795 certified to the California Air Resource Board's Low Emission Vehicle II 796 Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012, 797 one hundred per cent of such cars and light duty trucks shall be 798 Governor's Bill No. 6444 LCO No. 3115 26 of 35 alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on 799 and after January 1, 2030, at least fifty per cent of such cars and light 800 duty trucks shall be zero-emission vehicles. 801 (c) On and after January 1, 2030, at least thirty per cent of all buses 802 purchased or leased by the state shall be zero-emission buses. 803 [(d) If the Commissioner of Administrative Services determines that 804 the vehicles required by the provisions of subsections (b) and (c) of this 805 section are not available for purchase or lease, the Commissioner of 806 Administrative Services shall include an explanation of such 807 determination in the annual report described in subsection (g) of this 808 section.] 809 [(e)] (d) The provisions of subsections (a) to (c), inclusive, of this 810 section shall not apply to any emergency vehicle. 811 [(f)] (e) As used in this section, (1) "emergency vehicle" means a 812 vehicle used by the Department of Motor Vehicles, Department of 813 Emergency Services and Public Protection, Department of Energy and 814 Environmental Protection, Department of Correction, Office of State 815 Capitol Police, Department of Mental Health and Addiction Services, 816 Department of Developmental Services, Department of Social Services, 817 Department of Children and Families, Department of Transportation, 818 Judicial Department, Board of Pardons and Paroles, Board of Regents 819 for Higher Education, The University of Connecticut or The University 820 of Connecticut Health Center for law enforcement or emergency 821 response purposes, (2) "hybrid" means a passenger car that draws 822 acceleration energy from two on-board sources of stored energy that 823 consists of either an internal combustion or heat engine which uses 824 combustible fuel and a rechargeable energy storage system, and, for any 825 passenger car or light duty truck with a model year of 2004 or newer, 826 that is certified to meet or exceed the California Air Resources Board's 827 LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission 828 vehicle" means a battery electric vehicle, hybrid electric vehicle, range-829 extended electric vehicle and any vehicle that is certified by the 830 Governor's Bill No. 6444 LCO No. 3115 27 of 35 executive officer of the California Air Resources Board to produce zero 831 emissions of any criteria pollutant under all operational modes and 832 conditions, and (4) "zero-emission bus" means any urban bus certified 833 by the executive officer of the California Air Resources Board to produce 834 zero emissions of any criteria pollutant under all operational modes and 835 conditions. 836 [(g) On or before January 1, 2008, and annually thereafter, the 837 Commissioner of Administrative Services, in consultation with the 838 Commissioner of Transportation, shall file a report with the joint 839 standing committees of the General Assembly having cognizance of 840 matters relating to government administration, the environment and 841 energy that includes: (1) Details on the composition of the state fleet, 842 including, but not limited to, a listing of all vehicles owned, leased or 843 used by the Departments of Transportation and Emergency Services 844 and Public Protection, the make, model and fuel type of vehicles that 845 compose the state fleet and the amount of fuel, including alternative 846 fuels, that each vehicle uses, (2) any changes to the determination made 847 by the Commissioner of Energy and Environmental Protection pursuant 848 to subsection (a) of section 35 of public act 07-4 of the June special 849 session* or any update concerning the waiver application submitted 850 pursuant to subsection (a) of section 35 of public act 07-4 of the June 851 special session*, as applicable, (3) any changes or amendments to the 852 plan required by subsection (b) of section 35 of public act 07-4 of the June 853 special session*, (4) any changes or amendments to the plan required by 854 subsection (c) of section 35 of public act 07-4 of the June special session*, 855 (5) a vehicle purchasing and procurement three-year plan that aligns 856 with the requirements of subdivision (3) of subsection (b) of this section 857 and subsection (c) of this section, and (6) an assessment of the 858 availability of zero-emission medium and heavy duty trucks and the 859 feasibility of the state purchasing or leasing zero-emission medium and 860 heavy duty trucks. The Departments of Transportation and Emergency 861 Services and Public Protection shall submit all data requested of said 862 departments by the Department of Administrative Services in 863 connection with the preparation of such report. 864 Governor's Bill No. 6444 LCO No. 3115 28 of 35 (h) The Commissioner of Administrative Services may enter into any 865 agreement necessary to carry out the provisions of subsection (g) of this 866 section.] 867 [(i)] (f) In performing the requirements of this section, the 868 Commissioners of Administrative Services, Energy and Environmental 869 Protection and Transportation shall, whenever possible, consider the 870 use of and impact on Connecticut-based companies. 871 [(j)] (g) The Commissioner of Administrative Services, in consultation 872 with the Commissioner of Transportation, shall study the feasibility of 873 creating a competitive bid process for the aggregate procurement of 874 zero-emission vehicles and zero-emission buses and determine whether 875 such aggregate procurement would achieve a cost savings on the 876 purchase of such vehicles and buses and related administrative costs. 877 On or before January 1, 2020, the Commissioner of Administrative 878 Services shall report, in accordance with the provisions of section 11-4a, 879 on the results of such study to the joint standing committees of the 880 General Assembly having cognizance of matters relating to government 881 administration and transportation. The Commissioner of 882 Administrative Services may proceed with such aggregate procurement 883 if the commissioner determines such aggregate procurement would 884 achieve a cost savings. 885 Sec. 20. Subsection (e) of section 4a-52a of the general statutes is 886 repealed and the following is substituted in lieu thereof (Effective July 1, 887 2021): 888 (e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the 889 Commissioner of Administrative Services may delegate authority to any 890 state agency to purchase supplies, materials, equipment and contractual 891 services, consistent with section 4a-67c, if the commissioner determines, 892 in writing, that (1) such delegation would reduce state purchasing costs 893 or result in more efficient state purchasing, and (2) the agency has 894 employees with experience and expertise in state purchasing statutes, 895 regulations and procedures. In determining which agencies to delegate 896 Governor's Bill No. 6444 LCO No. 3115 29 of 35 such purchasing authority to, the commissioner shall give preference to 897 agencies which have exceeded the set-aside requirements of section 4a-898 60g, as amended by this act. An agency to whom such authority is 899 delegated shall comply with all such statutes, regulations and 900 procedures. [and shall submit annual reports to the Commissioner of 901 Administrative Services on its purchase orders, in a format prescribed 902 by the commissioner.] The Commissioner of Administrative Services or 903 his or her designee shall periodically review each such delegation of 904 purchasing authority and may revoke or modify a delegation upon 905 determining that the agency has violated any provision of the 906 delegation or that there is evidence of insufficient competition in the 907 competitive bidding or competitive negotiation process. 908 Sec. 21. Section 4a-6 of the general statutes is repealed and the 909 following is substituted in lieu thereof (Effective July 1, 2021): 910 [(a)] No state agency shall enter into any agreement, whether oral or 911 written, or renew any agreement for the leasing of any personal 912 property, except upon approval of the Commissioner of Administrative 913 Services and subject to such procedures as the commissioner may 914 establish respecting the leasing of personal property. The commissioner 915 shall cause to be kept a complete record of all personal property leased 916 by state agencies, the location of each item of such property and a copy 917 of all leasing agreements and renewals thereof. 918 [(b) On or before the fourth Wednesday after the convening of each 919 regular session of the General Assembly, the commissioner shall file 920 with the joint standing committee of the General Assembly having 921 cognizance of matters relating to appropriations and the budgets of state 922 agencies, a complete listing of all items of personal property leased by 923 state agencies, indicating each item leased, the lessee agency, the lessor 924 and the annual rental thereof.] 925 Sec. 22. Section 4b-2 of the general statutes is repealed and the 926 following is substituted in lieu thereof (Effective July 1, 2021): 927 The Commissioner of Administrative Services shall: 928 Governor's Bill No. 6444 LCO No. 3115 30 of 35 [(1) Submit to the board on September first of each year a report 929 which shall include all pertinent data on his operations concerning 930 realty acquisitions and the projected needs of the state. On or before 931 October first of each year, the board shall submit such report with 932 recommendations, comments, conclusions or other pertinent 933 information to the Governor and the members of the joint standing 934 committees of the General Assembly having cognizance of matters 935 relating to appropriations and the budgets of state agencies and to state 936 finance, revenue and bonding.] 937 [(2)] (1) Consult and cooperate with professional bodies and groups 938 concerning the purposes of sections 2-90, 4b-2 to 4b-5, inclusive, 4b-23, 939 4b-24, 4b-26, 4b-27 and 4b-32; [.] and 940 [(3)] (2) Keep and maintain proper financial records with respect to 941 real estate acquisition activities for use in calculating the costs of [his] 942 the commissioner's operation. 943 Sec. 23. Section 29-251a of the general statutes is repealed and the 944 following is substituted in lieu thereof (Effective July 1, 2021): 945 As used in this section, "program requirements" means any program 946 or part of a program which is required by law. The Commissioner of 947 Administrative Services, in consultation with the Codes and Standards 948 Committee, shall conduct a review of existing regulations of each state 949 agency to determine whether any provision of such regulations conflicts 950 with the State Building Code, the Fire Safety Code, the State Fire 951 Prevention Code or any other fire safety regulation adopted under this 952 chapter. The commissioner shall make recommendations to the 953 department head of any state agency which has regulations that are in 954 conflict with the State Building Code, the Fire Safety Code, the State Fire 955 Prevention Code or any other fire safety regulation adopted under this 956 chapter for the amendment of such regulations so they no longer are in 957 conflict with said codes or any such fire safety regulations. Not later 958 than ninety days following receipt of such recommendations, the 959 department head of such state agency shall initiate the process under 960 Governor's Bill No. 6444 LCO No. 3115 31 of 35 chapter 54 to amend or repeal such regulation in order to bring such 961 regulation into compliance with the State Building Code, the Fire Safety 962 Code, the State Fire Prevention Code or any other fire safety regulation 963 adopted under this chapter as the case may be, unless the amendment 964 or repeal of such regulation would result in a conflict with the applicable 965 agency's program requirements. [The Commissioner of Administrative 966 Services, in consultation with the Codes and Standards Committee, shall 967 report such recommendations to the joint standing committee of the 968 General Assembly having cognizance of matters relating to public 969 safety.] 970 Sec. 24. Section 29-418 of the general statutes is repealed and the 971 following is substituted in lieu thereof (Effective July 1, 2021): 972 (a) All testing by or on behalf of a holder of a cigarette manufacturer's 973 license or by or on behalf of the Office of the State Fire Marshal to 974 determine a cigarette's compliance with the performance standard 975 specified in this section shall be conducted in accordance with the 976 following requirements: 977 (1) Testing of cigarettes shall be conducted in accordance with the 978 American Society of Testing and Materials or "ASTM" standard E2187-979 04, "Standard Test Method for Measuring the Ignition Strength of 980 Cigarettes" or a subsequent ASTM Standard Test Method for Measuring 981 the Ignition Strength of Cigarettes upon a finding by the State Fire 982 Marshal that such subsequent method does not result in a change in the 983 percentage of full-length burns exhibited by any tested cigarette when 984 compared to the percentage of full-length burns the same cigarette 985 would exhibit when tested in accordance with ASTM standard E2187-986 04 and the performance standard in subdivision (3) of this subsection; 987 (2) Testing shall be conducted on ten layers of filter paper; 988 (3) Not more than twenty-five per cent of the cigarettes tested in a test 989 trial in accordance with this section shall exhibit full-length burns. Forty 990 replicate tests shall comprise a complete test trial for each cigarette 991 tested; 992 Governor's Bill No. 6444 LCO No. 3115 32 of 35 (4) The performance standard required by this section shall only be 993 applied to a complete test trial; 994 (5) Written certifications shall be based upon testing conducted by a 995 laboratory that has been accredited pursuant to standard ISO or IEC 996 17025 of the International Organization for Standardization or such 997 other comparable accreditation standard as the Office of the State Fire 998 Marshal may require by regulation; 999 (6) Laboratories conducting testing in accordance with this section 1000 shall implement a quality control and quality assurance program that 1001 includes a procedure that will determine the repeatability of the testing 1002 results. The repeatability value shall be no greater than 0.19. Such 1003 program ensures that the testing repeatability remains within the 1004 required repeatability value set forth in this subdivision for all test trials 1005 used to certify cigarettes in accordance with this section and section 29-1006 419; and 1007 (7) No additional testing under this section is required if cigarettes 1008 are tested consistent with this section for any other purpose. 1009 (b) Each cigarette that uses lowered permeability bands in the 1010 cigarette paper to achieve compliance with the performance standard 1011 set forth in this section shall have not less than two nominally identical 1012 bands on the paper surrounding the tobacco column. At least one 1013 complete band shall be located not less than fifteen millimeters from the 1014 lighting end of the cigarette. For cigarettes on which the bands are 1015 positioned by design, there shall be not less than two bands fully located 1016 at least fifteen millimeters from the lighting end and ten millimeters 1017 from the filter end of the tobacco column, or ten millimeters from the 1018 labeled end of the tobacco column for nonfiltered cigarettes. 1019 (c) A holder of a cigarette manufacturer's license that manufactures a 1020 cigarette that the State Fire Marshal determines cannot be tested in 1021 accordance with the test method prescribed in subdivision (1) of 1022 subsection (a) of this section may propose an alternate test method and 1023 performance standard for the cigarette to the State Fire Marshal. Upon 1024 Governor's Bill No. 6444 LCO No. 3115 33 of 35 approval and a determination by the State Fire Marshal that the 1025 performance standard proposed by the holder is equivalent to the 1026 performance standard prescribed in subdivision (3) of subsection (a) of 1027 this section, the holder may employ such test method and performance 1028 standard to certify such cigarette pursuant to section 29-419. If the State 1029 Fire Marshal determines that another state has enacted reduced 1030 cigarette ignition propensity standards that include a test method and 1031 performance standard that are the same as those contained in this 1032 section, and the State Fire Marshal finds that the officials responsible for 1033 implementing those requirements have approved the proposed 1034 alternative test method and performance standard for a particular 1035 cigarette proposed by a holder as meeting the reduced cigarette ignition 1036 propensity standards of that state's law or regulations under a legal 1037 provision comparable to this section, then the State Fire Marshal shall 1038 authorize that holder to employ the alternative test method and 1039 performance standard to certify that cigarette for sale in this state, unless 1040 the State Fire Marshal has a reasonable basis for deciding that the 1041 alternative test should not be accepted under said sections. All other 1042 applicable requirements of this section shall apply to the holder. 1043 (d) Each holder of a cigarette manufacturer's license shall maintain 1044 copies of the reports of all tests conducted on all cigarettes with respect 1045 to which such holder has submitted written certification in accordance 1046 with the provisions of section 29-419. Such holder shall provide copies 1047 of the reports available to the Office of the State Fire Marshal and to the 1048 office of the Attorney General upon written request. Any holder that 1049 fails to provide such copies not later than sixty days after receiving a 1050 written request shall be subject to a civil penalty not to exceed ten 1051 thousand dollars for each day after the sixtieth day that the holder does 1052 not make such copies available. 1053 [(e) The State Fire Marshal shall review the effectiveness of the 1054 implementation of this section and shall submit a report to the joint 1055 standing committee of the General Assembly having cognizance of 1056 matters relating to public safety, in accordance with section 11-4a, 1057 containing the State Fire Marshal's findings and, if appropriate, 1058 Governor's Bill No. 6444 LCO No. 3115 34 of 35 recommendations for legislation to improve the effectiveness of this 1059 section. Such report shall be submitted not later than June 30, 2011, and 1060 every three years thereafter.] 1061 Sec. 25. Subsection (a) of section 1-83 of the general statutes is 1062 repealed and the following is substituted in lieu thereof (Effective July 1, 1063 2021): 1064 (a) (1) All state-wide elected officers, members of the General 1065 Assembly, department heads and their deputies, members or directors 1066 of each quasi-public agency, members of the Investment Advisory 1067 Council and such members of the Executive Department and such 1068 employees of quasi-public agencies as the Governor shall require, shall 1069 file, under penalty of false statement, a statement of financial interests 1070 for the preceding calendar year with the Office of State Ethics on or 1071 before the May first next in any year in which they hold such an office 1072 or position. If, in any year, May first falls on a weekend or legal holiday, 1073 such statement shall be filed not later than the next business day. Any 1074 such individual who leaves his or her office or position shall file a 1075 statement of financial interests covering that portion of the year during 1076 which such individual held his or her office or position. The Office of 1077 State Ethics shall notify such individuals of the requirements of this 1078 subsection not later than sixty days after their departure from such 1079 office or position. Such individuals shall file such statement not later 1080 than sixty days after receipt of the notification. 1081 (2) Each state agency, department, board and commission shall 1082 develop and implement, in cooperation with the Office of State Ethics, 1083 an ethics statement as it relates to the mission of the agency, department, 1084 board or commission. The executive head of each such agency, 1085 department, board or commission shall be directly responsible for the 1086 development and enforcement of such ethics statement and shall file a 1087 copy of such ethics statement with [the Department of Administrative 1088 Services and] the Office of State Ethics. 1089 Governor's Bill No. 6444 LCO No. 3115 35 of 35 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 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 applicable to certifications issued or renewed on or after said date 4a-60g(a)(1) Sec. 9 October 1, 2021, and applicable to certifications issued or renewed on or after said date 4a-60g(a)(9) Sec. 10 October 1, 2021 4a-60g(f) 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 4b-2 Sec. 23 July 1, 2021 29-251a Sec. 24 July 1, 2021 29-418 Sec. 25 July 1, 2021 1-83(a) Statement of Purpose: To implement the Governor's budget recommendations. [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.]