Researcher: JP Page 1 4/19/21
OLR Bill Analysis
sSB 1015
AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE
SERVICES AND MODERNIZING REAL ESTATE AND
CONSTRUCTION MANAGEMENT.
SUMMARY
This bill makes the following changes in the statutes governing the
Department of Administrative Services (DAS):
1. eliminates a provision invalidating any public works contracts
bid submitted without a required update bid statement or
prequalification certificate, instead allowing agencies to permit
bidders up to two business days post-bid to submit the missing
documents (§3);
2. removes references to "update bid statement" and, where
necessary, replaces them with "update statement" (§§ 1-4);
3. reduces by half the (a) amount of time a municipality has to
notify DAS of its intention to acquire surplus state property and
(b) maximum extension that DAS may grant on this deadline (§
5);
4. allows DAS to grant easements to, and acquire easements from,
the federal government or a subdivision of the state subject to
certain approvals (§ 6); and
5. with respect to art in state buildings, (a) transfers authority over
art that is integrated in the building structure from the
Department of Economic and Community Development
(DECD) to DAS, (b) gives DECD full authority over non-
integrated art, and (c) requires the State Bond Commission to
specify the maximum amount that may be spent on each type of
artwork when allocating for them (§ 7). 2021SB-01015-R000518-BA.DOCX
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The bill also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2021
§§ 1-4 — STATE CONTRACTING BI D UPDATES
The bill authorizes public contracting agencies to allow bidders up
to two business days after a bid opening to submit their
prequalification certificate, if required, and an “update statement" (see
below). Current law disqualifies a bid if the update bid statement or
applicable prequalification certificate is missing.
The bill replaces statutory references to the term
“update bid statement” with “update statement.” Current law requires
the DAS commissioner to establish (1) an update statement for
contractors and substantial subcontractors to use when renewing or
upgrading their prequalification certificate and
(2) an update bid statement that bidders on a public works contract
must use to provide certain information about changes since the
bidder's prequalification certificate was issued or renewed (e.g.,
projects currently under contract and significant changes in financial
position). Under the bill, this information must be provided in the
update statement, which serves both statements’ purposes.
§ 5 — SURPLUS STATE PROPERTY
The bill reduces, from 120 days to 60 days, the amount of time a
municipality has to notify DAS of its intention to acquire surplus state
property. It also reduces, from 60 days to 30 days, the maximum
extension that DAS may grant to municipalities on this deadline.
Under current law, once a state-owned property is determined to be
surplus, DAS must offer the property (via sale, lease, or other
arrangement) to the municipality in which it is located. If the
municipality declines or is deemed to have declined the property, DAS
must comply with notice requirements and obtain the approval of the
Office of Policy and Management (OPM), the State Properties Review
Board (SPRB), and the Finance, Revenue and Bonding and
Government Administration and Elections committees before putting 2021SB-01015-R000518-BA.DOCX
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the property on the open market. (UConn is exempt from this
disposition process, as is the Department of Transportation, whose
process is governed by CGS § 13a-80.)
§ 6 – EASEMENTS
The bill authorizes the DAS Commissioner to grant easements to,
and acquire easements from, the federal government or a political
subdivision of the state (e.g., municipality) for public purposes, so long
as he (1) determines that such purposes do not conflict with the public
interest; (2) receives the approval of the SPRB; and (3) additionally
receives approval from OPM and the agency supervising the land’s
care and control before granting easements.
Under existing law unchanged by the bill, DAS can grant easements
on state land to public service companies, owners of district heating
and cooling systems, municipal water and sewer authorities, and
telecommunications companies. The easements are subject to approval
by the controlling agency, OPM, and the SPRB (CGS § 4b-22a).
§ 7 – ART IN STATE BUILDINGS
The bill transfers authority from DECD to DAS over “integrated
works of art” in state buildings (i.e., art that is integrated in the
building structure), including artist selection and contractual
agreements, and requires DAS to adopt regulations about them. It
gives DECD full authority over “non-integrated works of art”
(currently, DAS is responsible for contractual agreements).
The bill also requires the State Bond Commission to specify the
maximum amount of the artwork bond allocation that may be spent on
integrated and non-integrated art work. Existing law requires the State
Bond Commission to allocate for the purchase of artwork at least 1%
from the proceeds of state bonds for constructing or remodeling most
state-owned or –leased buildings open to the public (excluding the cost
of the land for the buildings, non-construction costs such as architect
fees, and any cost increases).
COMMITTEE ACTION 2021SB-01015-R000518-BA.DOCX
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Government Administration and Elections Committee
Joint Favorable Substitute
Yea 19 Nay 0 (03/31/2021)