Connecticut 2021 Regular Session

Connecticut House Bill HB06577 Compare Versions

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7	7		General Assembly Substitute Bill No. 6577
8	8		January Session, 2021
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14	14		AN ACT CONCERNING TH E STATE PROPERTIES REVIEW BOARD.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Subsections (d) to (f), inclusive, of section 4b-3 of the 1
19	19		general statutes are repealed and the following is substituted in lieu 2
20	20		thereof (Effective October 1, 2021): 3
21	21		(d) Notwithstanding any [other statute] provision of the general 4
22	22		statutes or special act, [to the contrary,] the Commissioner of 5
23	23		Administrative Services shall be the sole person authorized to represent 6
24	24		the state in its dealings with third parties for the construction, 7
25	25		development, acquisition or leasing of real estate for housing the offices 8
26	26		or equipment of all agencies of the state or for the state-owned public 9
27	27		buildings or realty, as provided for in sections 2-90, 4b-1 to 4b-5, 10
28	28		inclusive, 4b-21, 4b-23, as amended by this act, 4b-24, 4b-26, 4b-27, 4b-11
29	29		30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, 12
30	30		inclusive, 4b-71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 13
31	31		10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d 14
32	32		and 51-27f, except that (1) the Joint Committee on Legislative 15
33	33		Management may represent the state in the planning and construction 16
34	34		of the Legislative Office Building and related facilities, in Hartford; (2) 17
35	35		the Chief Court Administrator may represent the state in providing for 18
36	36		(A) space for the Court Support Services Division as part of a new or 19 Substitute Bill No. 6577
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43	43		existing contract for an alternative incarceration program pursuant to 20
44	44		section 54-103b or a program developed pursuant to section 46b-121k, 21
45	45		or (B) other real estate needs of the Judicial Branch when delegated 22
46	46		authority to do so by the Commissioner of Administrative Services; (3) 23
47	47		the board of trustees of a constituent unit of the state system of higher 24
48	48		education may represent the state in the leasing of real estate for housing 25
49	49		the offices or equipment of such constituent unit, provided no lease 26
50	50		payments for such realty are made with funds generated from the 27
51	51		general revenues of the state; (4) the Labor Commissioner may represent 28
52	52		the state in the leasing of premises required for employment security 29
53	53		operations as provided in subsection (c) of section 31-250; (5) the 30
54	54		Commissioner of Developmental Services may represent the state in the 31
55	55		leasing of residential property as part of the program developed 32
56	56		pursuant to subsection (b) of section 17a-218, provided such residential 33
57	57		property does not exceed two thousand five hundred square feet, for the 34
58	58		community placement of persons eligible to receive residential services 35
59	59		from the department; (6) the Commissioner of Mental Health and 36
60	60		Addiction Services may represent the state in the leasing of residential 37
61	61		units as part of a program developed pursuant to section 17a-455a, 38
62	62		provided each such residential unit does not exceed two thousand five 39
63	63		hundred square feet; and (7) the Connecticut Marketing Authority may 40
64	64		represent the state in the leasing of land or markets under the control of 41
65	65		the Connecticut Marketing Authority. [, and, except for the housing of 42
66	66		offices or equipment in connection with the initial acquisition of an 43
67	67		existing state mass transit system or the leasing of land by the 44
68	68		Connecticut Marketing Authority for a term of one year or more in 45
69	69		which cases the actions of the Department of Transportation and the 46
70	70		Connecticut Marketing Authority] All of the actions listed in 47
71	71		subdivisions (1) to (7), inclusive, of this subsection shall be subject to the 48
72	72		review and approval of the State Properties Review Board. The 49
73	73		Commissioner of Administrative Services may establish and implement 50
74	74		any procedures necessary for the commissioner to assume the 51
75	75		commissioner's responsibilities as said sole bargaining agent for state 52
76	76		realty acquisitions and shall perform the duties necessary to carry out 53
77	77		such procedures. The Commissioner of Administrative Services may 54 Substitute Bill No. 6577
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84	84		appoint, within the department's budget and subject to the provisions 55
85	85		of chapter 67, such personnel deemed necessary by the commissioner to 56
86	86		carry out the provisions of this section, including experts in real estate, 57
87	87		construction operations, financing, banking, contracting, architecture 58
88	88		and engineering. The Attorney General's office, at the request of the 59
89	89		Commissioner of Administrative Services, shall assist the commissioner 60
90	90		in contract negotiations regarding the purchase, lease or construction of 61
91	91		real estate. 62
92	92		(e) The State Properties Review Board shall be within the 63
93	93		[Department of Administrative Services] Legislative Department and 64
94	94		shall have independent decision-making authority. 65
95	95		(f) The State Properties Review Board shall review for approval or 66
96	96		disapproval (1) real estate acquisitions, sales, leases and subleases 67
97	97		proposed by the Commissioner of Administrative Services or proposed 68
98	98		by the Chief Court Administrator pursuant to the authority delegated 69
99	99		to the Chief Court Administrator by the Commissioner of 70
100	100		Administrative Services, (2) the acquisition, other than by 71
101	101		condemnation, or the sale, [or] lease or licensing of any real property or 72
102	102		any other contractual agreement concerning any real property by the 73
103	103		Commissioner of Transportation under subdivision (11) of section 13b-74
104	104		4 or subsection (b) of section 13b-36, subject to section 4b-23, as amended 75
105	105		by this act, and subsection (h) of section 13a-73, [and review, for 76
106	106		approval or disapproval,] (3) any contract for a project described in 77
107	107		subsection (h) of section 4b-91, (4) any acquisition of development rights 78
108	108		of agricultural land by the Commissioner of Agriculture under section 79
109	109		22-26cc, (5) any real estate acquisition by any other state agency under 80
110	110		any provision of the general statutes that is paid for with bonds, as 81
111	111		defined in section 3-20, and (6) any lease or sublease, licensing or other 82
112	112		contractual agreement concerning real property proposed by a quasi-83
113	113		public agency under section 3 of this act. Such review shall consider all 84
114	114		aspects of the proposed actions, including feasibility and method of 85
115	115		acquisition and the prudence of the business method proposed. The 86
116	116		board shall also cooperate with and advise and assist the Commissioner 87 Substitute Bill No. 6577
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123	123		of Administrative Services and the Commissioner of Transportation in 88
124	124		carrying out their duties. The board shall have access to all information, 89
125	125		files and records, including financial records, of the Commissioner of 90
126	126		Administrative Services, [and] the Commissioner of Transportation, 91
127	127		[and shall, when necessary, be entitled to the use of personnel employed 92
128	128		by said commissioners. The board shall approve or disapprove any 93
129	129		acquisition of development rights of agricultural land by the 94
130	130		Commissioner of Agriculture under section 22-26cc] any other state 95
131	131		agency acquiring real estate described in subdivision (5) of this 96
132	132		subsection and any quasi-public agency submitting a proposed 97
133	133		agreement described in subdivision (6) of this subsection. The board 98
134	134		shall hear any appeal under section 8-273a and shall render a final 99
135	135		decision on the appeal within thirty days thereafter. The written 100
136	136		decision of the board shall be a final decision for the purposes of sections 101
137	137		4-180 and 4-183. The provisions of this section shall not apply to any 102
138	138		airport, airport site or any part thereof operated by the Connecticut 103
139	139		Airport Authority established pursuant to section 15-120bb. 104
140	140		Sec. 2. Subsection (i) of section 4b-23 of the general statutes is repealed 105
141	141		and the following is substituted in lieu thereof (Effective October 1, 2021): 106
142	142		(i) As used in this subsection, (1) "project" means any state program, 107
143	143		except the downtown Hartford higher education center project, as 108
144	144		defined in section 4b-55, requiring consultant services if the cost of such 109
145	145		services is estimated to exceed [one hundred] twenty-five thousand 110
146	146		dollars or, in the case of a constituent unit of the state system of higher 111
147	147		education, the cost of such services is estimated to exceed three hundred 112
148	148		thousand dollars, or in the case of a building or premises under the 113
149	149		supervision of the Office of the Chief Court Administrator or property 114
150	150		where the Judicial Department is the primary occupant, the cost of such 115
151	151		services is estimated to exceed three hundred thousand dollars; (2) 116
152	152		"consultant" means "consultant" as defined in section 4b-55; and (3) 117
153	153		"consultant services" means "consultant services" as defined in section 118
154	154		4b-55. Any contracts entered into by the Commissioner of 119
155	155		Administrative Services with any consultants for employment (A) for 120 Substitute Bill No. 6577
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162	162		any project under the provisions of this section, (B) in connection with a 121
163	163		list established under subsection (d) of section 4b-51, or (C) by task letter 122
164	164		issued by the Commissioner of Administrative Services to any 123
165	165		consultant on such list pursuant to which the consultant will provide 124
166	166		services valued in excess of [one hundred] twenty-five thousand dollars, 125
167	167		shall be subject to the approval of the Properties Review Board prior to 126
168	168		the employment of such consultant or consultants by the commissioner. 127
169	169		The Properties Review Board shall, not later than thirty days after 128
170	170		receipt of such selection of or contract with any consultant, approve or 129
171	171		disapprove the selection of or contract with any consultant made by the 130
172	172		Commissioner of Administrative Services pursuant to sections 4b-1 and 131
173	173		4b-55 to 4b-59, inclusive. If upon the expiration of the thirty-day period 132
174	174		a decision has not been made, the Properties Review Board shall be 133
175	175		deemed to have approved such selection or contract. 134
176	176		Sec. 3. (NEW) (Effective October 1, 2021) Any quasi-public agency, as 135
177	177		defined in section 1-120 of the general statutes, shall submit any 136
178	178		proposed lease or sublease, licensing or other contractual arrangement 137
179	179		concerning real property to the State Properties Review Board for 138
180	180		approval or disapproval. The provisions of this section shall not be 139
181	181		construed to apply to any mortgage loan granted by a quasi-public 140
182	182		agency. 141
183	183		Sec. 4. Section 4-9a of the general statutes is repealed and the 142
184	184		following is substituted in lieu thereof (Effective October 1, 2021): 143
185	185		(a) The Governor shall appoint the chairperson and executive 144
186	186		director, if any, of all boards and commissions within the Executive 145
187	187		Department, except [the State Properties Review Board,] the State 146
188	188		Elections Enforcement Commission, the Commission on Human Rights 147
189	189		and Opportunities, the Commission on Fire Prevention and Control, the 148
190	190		Citizen's Ethics Advisory Board and the Transportation Policy Advisory 149
191	191		Council. 150
192	192		(b) Public members shall constitute not less than one-third of the 151
193	193		members of each board and commission within the Executive 152 Substitute Bill No. 6577
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200	200		Department, except the Commission on Human Rights and 153
201	201		Opportunities. Public member means an elector of the state who has no 154
202	202		substantial financial interest in, is not employed in or by, and is not 155
203	203		professionally affiliated with, any industry, profession, occupation, 156
204	204		trade or institution regulated or licensed by the relevant board or 157
205	205		commission, and who has had no professional affiliation with any such 158
206	206		industry, profession, occupation, trade or institution for three years 159
207	207		preceding his appointment to the board or commission. Except as 160
208	208		otherwise specifically provided by the general statutes, this section shall 161
209	209		not apply to the Commission on Fire Prevention and Control, boards 162
210	210		and commissions the membership of which is entirely composed of state 163
211	211		department heads, elected officials or deputies appointed by such 164
212	212		department heads or where the membership of such board or 165
213	213		commission is determined in accordance with the provisions of any 166
214	214		federal law. 167
215	215		(c) Notwithstanding any provision of law, the term of each member 168
216	216		of each board and commission within the executive branch, except the 169
217	217		State Board of Education, the Board of Regents for Higher Education, 170
218	218		the Commission on Human Rights and Opportuniti es, the State 171
219	219		Elections Enforcement Commission, [the State Properties Review 172
220	220		Board,] the Citizen's Ethics Advisory Board, the Commission on 173
221	221		Medicolegal Investigations, the Psychiatric Security Review Board, the 174
222	222		Commission on Fire Prevention and Control, the E 9-1-1 Commission, 175
223	223		the Culture and Tourism Advisory Committee, and the board of trustees 176
224	224		of each constituent unit of the state system of higher education, 177
225	225		commencing on or after July 1, 1979, shall be coterminous with the term 178
226	226		of the Governor or until a successor is chosen, whichever is later. 179
227	227		(d) Each member of each board and commission within the executive 180
228	228		branch shall serve at the pleasure of the appointing authority except 181
229	229		where otherwise specifically provided by any provision of the general 182
230	230		statutes. 183 Substitute Bill No. 6577
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237	237		This act shall take effect as follows and shall amend the following
238	238		sections:
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240	240		Section 1 October 1, 2021 4b-3(d) to (f)
241	241		Sec. 2 October 1, 2021 4b-23(i)
242	242		Sec. 3 October 1, 2021 New section
243	243		Sec. 4 October 1, 2021 4-9a
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245	245		GAE Joint Favorable Subst.
246		-	APP Joint Favorable
247	246