Connecticut 2021 Regular Session

Connecticut Senate Bill SB01015 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 1015
	4	+	LCO No. 3649 1 of 12
	5	+
	6	+	General Assembly Raised Bill No. 1015
8	7		January Session, 2021
	8	+	LCO No. 3649
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	10	+
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
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14	21		AN ACT CONCERNING TH E DEPARTMENT OF ADMI NISTRATIVE
15	22		SERVICES AND MODERNI ZING REAL ESTATE AND CONSTRUCT ION
16	23		MANAGEMENT.
17	24		Be it enacted by the Senate and House of Representatives in General
18	25		Assembly convened:
19	26
20	27		Section 1. Subsection (k) of section 4a-100 of the general statutes is 1
21	28		repealed and the following is substituted in lieu thereof (Effective July 1, 2
22	29		2021): 3
23	30		(k) (1) Any substantial evidence of fraud in obtaining or maintaining 4
24	31		prequalification or any materially false statement in the application [,] 5
25	32		or update statement [or update bid statement] may, in the discretion of 6
26	33		the awarding authority, result in termination of any contract awarded 7
27	34		the contractor by the awarding authority. The awarding authority shall 8
28	35		provide written notice to the commissioner of such false statement not 9
29	36		later than thirty days after discovering such false statement. The 10
30	37		commissioner shall provide written notice of such false statement to the 11
31	38		Commissioner of Consumer Protection and the president of The 12
32	39		University of Connecticut not later than thirty days after discovering 13
33		-	such false statement or receiving such notice. 14
	40	+	such false statement or receiving such notice. 14 Raised Bill No. 1015
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	42	+
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34	46		(2) The commissioner shall deny or revoke the prequalification of any 15
35	47		contractor or substantial subcontractor if the commissioner finds that 16
36		-	the contractor or substantial subcontractor, or a principal or key 17 Substitute Bill No. 1015
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	48	+	the contractor or substantial subcontractor, or a principal or key 17
43	49		personnel of such contractor or substantial subcontractor, within the 18
44	50		past five years (A) has included any materially false statement in a 19
45	51		prequalification application [,] or update statement, [or update bid 20
46	52		statement,] (B) has been convicted of, entered a plea of guilty or nolo 21
47	53		contendere for, or admitted to, a crime related to the procurement or 22
48	54		performance of any public or private construction contract, or (C) has 23
49	55		otherwise engaged in fraud in obtaining or maintaining 24
50	56		prequalification. Any revocation made pursuant to this subsection shall 25
51	57		be made only after an opportunity for a hearing. Any contractor or 26
52	58		substantial subcontractor whose prequalification has been revoked 27
53	59		pursuant to this subsection shall be disqualified for a period of two years 28
54	60		after which the contractor or substantial subcontractor may reapply for 29
55	61		prequalification, except that a contractor or substantial subcontractor 30
56	62		whose prequalification has been revoked on the basis of conviction of a 31
57	63		crime or engaging in fraud shall be disqualified for a period of five years 32
58	64		after which the contractor or substantial subcontractor may reapply for 33
59	65		prequalification. The commissioner shall not prequalify a contractor or 34
60	66		substantial subcontractor whose prequalification has been revoked 35
61	67		pursuant to this subdivision until the expiration of said two-year, five-36
62	68		year, or other applicable disqualification period and the commissioner 37
63	69		is satisfied that the matters that gave rise to the revocation have been 38
64	70		eliminated or remedied. 39
65	71		Sec. 2. Subsection (n) of section 4a-100 of the general statutes is 40
66	72		repealed and the following is substituted in lieu thereof (Effective July 1, 41
67	73		2021): 42
68	74		(n) The commissioner shall establish an update statement for use by 43
69	75		contractors and substantial subcontractors for purposes of renewing or 44
70	76		upgrading a prequalification certificate [and an update bid statement] 45
71	77		for purposes of submitting a bid pursuant to section 4b-91, as amended 46
72		-	by this act. 47
	78	+	by this act. 47 Raised Bill No. 1015
	79	+
	80	+
	81	+
	82	+	LCO No. 3649 3 of 12
	83	+
73	84		Sec. 3. Subsections (d) and (e) of section 4b-91 of the general statutes 48
74	85		are repealed and the following is substituted in lieu thereof (Effective July 49
75		-	1, 2021): 50 Substitute Bill No. 1015
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	86	+	1, 2021): 50
82	87		(d) Each bid submitted for a contract described in subsection (c) of 51
83	88		this section shall include an update [bid] statement in such form as the 52
84	89		Commissioner of Administrative Services prescribes and, if required by 53
85	90		the public agency soliciting such bid, a copy of the prequalification 54
86	91		certificate issued by the Commissioner of Administrative Services. The 55
87	92		form for such update [bid] statement shall provide space for information 56
88	93		regarding all projects completed by the bidder since the date the 57
89	94		bidder's prequalification certificate was issued or renewed, all projects 58
90	95		the bidder currently has under contract, including the percentage of 59
91	96		work on such projects not completed, the names and qualifications of 60
92	97		the personnel who will have supervisory responsibility for the 61
93	98		performance of the contract, any significant changes in the bidder's 62
94	99		financial position or corporate structure since the date the certificate was 63
95	100		issued or renewed, any change in the contractor's qualification status as 64
96	101		determined by the provisions of subdivision (6) of subsection (c) of 65
97	102		section 4a-100 and such other relevant information as the Commissioner 66
98	103		of Administrative Services prescribes. [Any bid submitted without a 67
99	104		copy of the prequalification certificate, if required by the public agency 68
100	105		soliciting such bid, and an update bid statement shall be deemed 69
101	106		invalid.] Any public agency that accepts a bid submitted without a copy 70
102	107		of such prequalification certificate, if required by such public agency 71
103	108		soliciting such bid, and an update [bid] statement, may become 72
104	109		ineligible for the receipt of funds related to such bid, except the public 73
105	110		agency soliciting such bids may allow bidders no more than two 74
106	111		business days after the opening of bids to submit a copy of the 75
107	112		prequalification certificate, if required by such public agency, and an 76
108	113		update statement. 77
109	114		(e) Any person who bids on a contract described in subsection (c) of 78
110	115		this section shall certify under penalty of false statement at the 79
111	116		conclusion of the bidding process that the information in the bid is true, 80
112		-	that there has been no substantial change in the bidder's financial 81
	117	+	that there has been no substantial change in the bidder's financial 81 Raised Bill No. 1015
	118	+
	119	+
	120	+
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	122	+
113	123		position or corporate structure since the bidder's most recent 82
114	124		prequalification certificate was issued or renewed, other than those 83
115		-	changes noted in the update [bid] statement, and that the bid was made 84 Substitute Bill No. 1015
	125	+	changes noted in the update [bid] statement, and that the bid was made 84
	126	+	without fraud or collusion with any person. 85
	127	+	Sec. 4. Subsection (e) of section 4b-21 of the general statutes is 86
	128	+	repealed and the following is substituted in lieu thereof (Effective July 1, 87
	129	+	2021): 88
	130	+	(e) After receiving notification from the secretary that such land, 89
	131	+	improvement or interest may be treated as surplus, the Commissioner 90
	132	+	of Administrative Services shall offer to convey such land, improvement 91
	133	+	or interest to the municipality in which the land, improvement or 92
	134	+	interest is located, including, but not limited to, by selling, leasing, 93
	135	+	exchanging or entering into agreements concerning such land, 94
	136	+	improvement or interest, provided (1) prior to such conveyance, the 95
	137	+	municipality by vote of its legislative body accepts such conveyance, 96
	138	+	and (2) a resolution of such municipal action, verified by the clerk of the 97
	139	+	municipality, is delivered to the Commissioner of Administrative 98
	140	+	Services not more than [one hundred twenty] sixty days after receiving 99
	141	+	notice from the commissioner regarding the proposed conveyance. If 100
	142	+	the municipality fails to deliver such resolution to the commissioner 101
	143	+	within such [one-hundred-twenty-day] sixty-day period, the 102
	144	+	municipality shall be deemed to have declined the proposed 103
	145	+	conveyance, provided the commissioner may extend the [one-hundred-104
	146	+	twenty-day period] sixty-day deadline by not more than an additional 105
	147	+	[sixty] thirty days. The municipality shall waive all rights to purchase 106
	148	+	the land, improvement, interest or part thereof if the municipality 107
	149	+	declines or is deemed to have declined the conveyance of such land, 108
	150	+	improvement, interest or part thereof. 109
	151	+	Sec. 5. Section 4b-22a of the general statutes is repealed and the 110
	152	+	following is substituted in lieu thereof (Effective July 1, 2021): 111
	153	+	(a) Notwithstanding any provision of the general statutes, the 112
	154	+	Commissioner of Administrative Services may (1) grant easements with 113 Raised Bill No. 1015
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122		-	without fraud or collusion with any person. 85
123		-	Sec. 4. Section 4b-92 of the general statutes is repealed and the 86
124		-	following is substituted in lieu thereof (Effective July 1, 2021): 87
125		-	As used in this chapter and except as otherwise provided, "lowest 88
126		-	responsible and qualified bidder" means the bidder who is prequalified 89
127		-	pursuant to section 4a-100, and whose bid is the lowest of those bidders 90
128		-	possessing the skill, ability and integrity necessary to faithful 91
129		-	performance of the work based on objective criteria considering past 92
130		-	performance and information contained in the update [bid] statement 93
131		-	submitted pursuant to section 4b-91, as amended by this act. Essential 94
132		-	information in regard to such qualifications shall be submitted with the 95
133		-	bid in such form as the awarding authority may require by specification 96
134		-	in the bid documents and on the bid form. Every general bid shall be 97
135		-	accompanied by a bid bond or a certified check in an amount which shall 98
136		-	be ten per cent of the bid, provided no such bid bond or certified check 99
137		-	shall be required in relation to any general bid in which the total 100
138		-	estimated cost of labor and materials under the contract with respect to 101
139		-	which such general bid is submitted is less than fifty thousand dollars. 102
140		-	Failure to execute a contract awarded as specified and bid shall result in 103
141		-	the forfeiture of such bid bond or certified check. In considering past 104
142		-	performance the awarding authority shall evaluate the skill, ability and 105
143		-	integrity of bidders in terms of the bidders' fulfillment of contract 106
144		-	obligations and of the bidders' experience or lack of experience with 107
145		-	projects of the nature and scope of the project for which the bids are 108
146		-	submitted. 109
147		-	Sec. 5. Subsection (e) of section 4b-21 of the general statutes is 110
148		-	repealed and the following is substituted in lieu thereof (Effective July 1, 111
149		-	2021): 112
150		-	(e) After receiving notification from the secretary that such land, 113
151		-	improvement or interest may be treated as surplus, the Commissioner 114
152		-	of Administrative Services shall offer to convey such land, improvement 115
153		-	or interest to the municipality in which the land, improvement or 116 Substitute Bill No. 1015
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	159	+
	160	+	respect to land owned by the state to a public service company, as 114
	161	+	defined in section 16-1, the owner of a district heating and cooling 115
	162	+	system, a municipal water or sewer authority or a telecommunications 116
	163	+	company, as defined in section 16-1, subject to the approval of the Office 117
	164	+	of Policy and Management, the agency having supervision of the care 118
	165	+	and control of such land and the State Properties Review Board, and (2) 119
	166	+	acquire easements with respect to land not owned by the state in 120
	167	+	connection with a Department of Administrative Services project, 121
	168	+	subject to the approval of the State Properties Review Board. No 122
	169	+	easement granted under subdivision (1) of this section shall be for the 123
	170	+	disposal or storage of radioactive or hazardous waste materials. The 124
	171	+	commissioner shall provide notice of any easement granted under said 125
	172	+	subdivision to the chief executive official of the municipality, and the 126
	173	+	members of the General Assembly representing the municipality, in 127
	174	+	which the land is located. 128
	175	+	(b) Notwithstanding any provision of the general statutes, the 129
	176	+	Commissioner of Administrative Services may (1) grant rights-of-way 130
	177	+	or other easements with respect to land owned by the state to the federal 131
	178	+	government or any political subdivision of the state for public purposes 132
	179	+	if the commissioner finds that such purposes are not in conflict with the 133
	180	+	public interest, subject to the approval of the Office of Policy and 134
	181	+	Management, the agency having supervision of the care and control of 135
	182	+	such land, and the State Properties Review Board, and (2) acquire 136
	183	+	easements with respect to land owned by the federal government or any 137
	184	+	political subdivision of the state for public purposes if the commissioner 138
	185	+	finds that such purposes do not conflict with the public interest, subject 139
	186	+	to the approval of the State Properties Review Board. 140
	187	+	Sec. 6. Subsection (a) of section 4b-3 of the general statutes is repealed 141
	188	+	and the following is substituted in lieu thereof (Effective July 1, 2021, and 142
	189	+	applicable to any appointments made on or after said date): 143
	190	+	(a) There is established a State Properties Review Board which shall 144
	191	+	consist of six members appointed as follows: The speaker of the House 145
	192	+	and president pro tempore of the Senate shall jointly appoint three 146 Raised Bill No. 1015
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160		-	interest is located, including, but not limited to, by selling, leasing, 117
161		-	exchanging or entering into agreements concerning such land, 118
162		-	improvement or interest, provided (1) prior to such conveyance, the 119
163		-	municipality by vote of its legislative body accepts such conveyance, 120
164		-	and (2) a resolution of such municipal action, verified by the clerk of the 121
165		-	municipality, is delivered to the Commissioner of Administrative 122
166		-	Services not more than [one hundred twenty] sixty days after receiving 123
167		-	notice from the commissioner regarding the proposed conveyance. If 124
168		-	the municipality fails to deliver such resolution to the commissioner 125
169		-	within such [one-hundred-twenty-day] sixty-day period, the 126
170		-	municipality shall be deemed to have declined the proposed 127
171		-	conveyance, provided the commissioner may extend the [one-hundred-128
172		-	twenty-day period] sixty-day deadline by not more than an additional 129
173		-	[sixty] thirty days. The municipality shall waive all rights to purchase 130
174		-	the land, improvement, interest or part thereof if the municipality 131
175		-	declines or is deemed to have declined the conveyance of such land, 132
176		-	improvement, interest or part thereof. 133
177		-	Sec. 6. Section 4b-22a of the general statutes is repealed and the 134
178		-	following is substituted in lieu thereof (Effective July 1, 2021): 135
179		-	(a) Notwithstanding any provision of the general statutes, the 136
180		-	Commissioner of Administrative Services may (1) grant easements with 137
181		-	respect to land owned by the state to a public service company, as 138
182		-	defined in section 16-1, the owner of a district heating and cooling 139
183		-	system, a municipal water or sewer authority or a telecommunications 140
184		-	company, as defined in section 16-1, subject to the approval of the Office 141
185		-	of Policy and Management, the agency having supervision of the care 142
186		-	and control of such land and the State Properties Review Board, and (2) 143
187		-	acquire easements with respect to land not owned by the state in 144
188		-	connection with a Department of Administrative Services project, 145
189		-	subject to the approval of the State Properties Review Board. No 146
190		-	easement granted under subdivision (1) of this section shall be for the 147
191		-	disposal or storage of radioactive or hazardous waste materials. The 148
192		-	commissioner shall provide notice of any easement granted under said 149 Substitute Bill No. 1015
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	197	+
	198	+	members, one of whom shall be experienced in matters relating to 147
	199	+	commercial architecture, one experienced in commercial building 148
	200	+	construction matters and one in matters relating to commercial 149
	201	+	engineering; and the minority leader of the House and the minority 150
	202	+	leader of the Senate shall jointly appoint three members, one of whom 151
	203	+	shall be experienced in matters relating to the purchase, sale and lease 152
	204	+	of commercial real estate and buildings, one experienced in [business 153
	205	+	matters] complex commercial real estate development generally and 154
	206	+	one experienced in the management and operation of state institutions. 155
	207	+	No more than three of said six members shall be of the same political 156
	208	+	party. One of the members first appointed by the speaker and the 157
	209	+	president pro tempore shall serve a two-year term, one shall serve a 158
	210	+	three-year term and one shall serve a four-year term. One of the 159
	211	+	members first appointed by the minority leaders of the House and 160
	212	+	Senate shall serve a two-year term, one shall serve a three-year term and 161
	213	+	one shall serve a four-year term. All appointments of members to 162
	214	+	replace those whose terms expire shall be for a term of four years and 163
	215	+	until their successors have been appointed and qualified. If any vacancy 164
	216	+	occurs on the board, the appointing authorities having the power to 165
	217	+	make the initial appointment under the provisions of this section shall 166
	218	+	appoint a person for the unexpired term in accordance with the 167
	219	+	provisions hereof. 168
	220	+	Sec. 7. Subsection (f) of section 4b-3 of the general statutes is repealed 169
	221	+	and the following is substituted in lieu thereof (Effective July 1, 2021): 170
	222	+	(f) The State Properties Review Board shall review and approve or 171
	223	+	disapprove real estate acquisitions, sales, leases and subleases proposed 172
	224	+	by the Commissioner of Administrative Services or proposed by the 173
	225	+	Chief Court Administrator pursuant to the authority delegated to the 174
	226	+	Chief Court Administrator by the Commissioner of Administrative 175
	227	+	Services, the acquisition, other than by condemnation, or the sale or 176
	228	+	lease of any property by the Commissioner of Transportation under 177
	229	+	subdivision (11) of section 13b-4, subject to section 4b-23, as amended 178
	230	+	by this act, and subsection (h) of section 13a-73 and [review, for 179
	231	+	approval or disapproval,] any contract for a project described in 180 Raised Bill No. 1015
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199		-	subdivision to the chief executive official of the municipality, and the 150
200		-	members of the General Assembly representing the municipality, in 151
201		-	which the land is located. 152
202		-	(b) Notwithstanding any provision of the general statutes, the 153
203		-	Commissioner of Administrative Services may (1) grant rights-of-way 154
204		-	or other easements with respect to land owned by the state to the federal 155
205		-	government or any political subdivision of the state for public purposes 156
206		-	if the commissioner finds that such purposes are not in conflict with the 157
207		-	public interest, subject to the approval of the Office of Policy and 158
208		-	Management, the agency having supervision of the care and control of 159
209		-	such land, and the State Properties Review Board, and (2) acquire 160
210		-	easements with respect to land owned by the federal government or any 161
211		-	political subdivision of the state for public purposes if the commissioner 162
212		-	finds that such purposes do not conflict with the public interest, subject 163
213		-	to the approval of the State Properties Review Board. 164
214		-	Sec. 7. Section 4b-53 of the general statutes is repealed and the 165
215		-	following is substituted in lieu thereof (Effective July 1, 2021): 166
216		-	(a) For purposes of this section, the following terms have the 167
217		-	following meanings: (1) "State building" means any building or facility 168
218		-	owned or leased by the state of Connecticut and open to the public or 169
219		-	intended for such use, exclusive of any shed, warehouse, garage, 170
220		-	building of a temporary nature or building located on the grounds of a 171
221		-	correctional institution; (2) "proposal development expenses" means the 172
222		-	cost of preparing a detailed drawing, model or plan as determined by 173
223		-	the Department of Economic and Community Development or the 174
224		-	Department of Administrative Services, in accordance with subsections 175
225		-	(e) and (f) of this section; [and] (3) "work of art" means an integrated 176
226		-	work of art or a nonintegrated work of art, but excludes landscape 177
227		-	architecture or landscape gardening; (4) "integrated work of art" means 178
228		-	art work which is to be an integrated part of such state building, 179
229		-	including, but not limited to, fresco, mosaic, sculpture and other 180
230		-	architectural embellishment or functional art created by a professional 181
231		-	artist, artisan or craftsperson; [,] and (5) "nonintegrated work of art" 182 Substitute Bill No. 1015
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	236	+
	237	+	subsection (h) of section 4b-91. [Such review shall consider all aspects of 181
	238	+	the proposed actions, including feasibility and method of acquisition 182
	239	+	and the prudence of the business method proposed.] The board shall not 183
	240	+	grant approval under this subsection if it has determined based on 184
	241	+	objective evidence that the applicable department has failed to comply 185
	242	+	with the applicable provision of the general statutes or agency 186
	243	+	regulation related to the proposed action. The board shall also cooperate 187
	244	+	with and advise and assist the Commissioner of Administrative Services 188
	245	+	and the Commissioner of Transportation in carrying out their duties. 189
	246	+	The board shall have access to all information, files and records directly 190
	247	+	relevant to its evaluation of the agency's compliance with the applicable 191
	248	+	provision of the general statutes or agency regulation, including 192
	249	+	financial records, of the Commissioner of Administrative Services and 193
	250	+	the Commissioner of Transportation, and shall, when necessary, be 194
	251	+	entitled to the use of personnel employed by said commissioners. The 195
	252	+	board shall approve or disapprove any acquisition of development 196
	253	+	rights of agricultural land by the Commissioner of Agriculture under 197
	254	+	section 22-26cc. The board shall hear any appeal under section 8-273a 198
	255	+	and shall render a final decision on the appeal within thirty days 199
	256	+	thereafter. The written decision of the board shall be a final decision for 200
	257	+	the purposes of sections 4-180 and 4-183. The provisions of this section 201
	258	+	shall not apply to any airport, airport site or any part thereof operated 202
	259	+	by the Connecticut Airport Authority established pursuant to section 203
	260	+	15-120bb. 204
	261	+	Sec. 8. Subsection (i) of section 4b-23 of the general statutes is repealed 205
	262	+	and the following is substituted in lieu thereof (Effective July 1, 2021): 206
	263	+	(i) As used in this subsection, (1) "project" means any state program, 207
	264	+	except the downtown Hartford higher education center project, as 208
	265	+	defined in section 4b-55, requiring consultant services if the cost of such 209
	266	+	services is estimated to exceed [one] five hundred thousand dollars; [or, 210
	267	+	in the case of a constituent unit of the state system of higher education, 211
	268	+	the cost of such services is estimated to exceed three hundred thousand 212
	269	+	dollars, or in the case of a building or premises under the supervision of 213
	270	+	the Office of the Chief Court Administrator or property where the 214 Raised Bill No. 1015
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238		-	means any work of visual art which is not to be an integrated part of 183
239		-	such state building, including, but not limited to, a drawing, painting, 184
240		-	sculpture, mosaic, photograph, work of calligraphy or work of graphic 185
241		-	art or mixed media. ["Work of art" as used in this section shall not 186
242		-	include landscape architecture or landscape gardening.] 187
243		-	(b) The State Bond Commission, in the allocation of proceeds of state 188
244		-	bonds for purposes of construction, reconstruction or remodeling of any 189
245		-	state building, shall allocate for works of art, with respect to each such 190
246		-	project and for the purposes of subsection (c) of this section, an amount 191
247		-	from such proceeds not less than one per cent of the total estimated cost 192
248		-	of such construction, reconstruction or remodeling, exclusive of (1) the 193
249		-	cost of any land acquisition, (2) any nonconstruction costs including the 194
250		-	cost of such work of art, and (3) any augmentations to such cost, 195
251		-	provided any such allocation for work of art as provided in this section 196
252		-	must be approved, prior to authorization of such allocation by the State 197
253		-	Bond Commission, by the Commissioner of Administrative Services in 198
254		-	consultation with the Department of Economic and Community 199
255		-	Development. Each such allocation shall specify the maximum amount, 200
256		-	if any, that may be spent on integrated works of art and the maximum 201
257		-	amount, if any, that may be spent on nonintegrated works of art, for 202
258		-	each such project. Such allocation may be used in accordance with 203
259		-	subsections (e) and (f) of this section, to reimburse any artist, artisan, 204
260		-	craftsperson or person who creates a work of art, for proposal 205
261		-	development expenses when the Department of Economic and 206
262		-	Community Development or the Department of Administrative 207
263		-	Services requests such proposal development or to compensate persons 208
264		-	who, at the request of the Department of Economic and Community 209
265		-	Development or the Department of Administrative Services, determine 210
266		-	whether such works of art require proposal development. 211
267		-	(c) There is established within the General Fund a state building 212
268		-	works of art account, which shall be a separate, nonlapsing account. The 213
269		-	moneys within said account shall be used (1) for the purchase of works 214
270		-	of art from distinguished Connecticut artists, which shall be placed on 215 Substitute Bill No. 1015
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	275	+
	276	+	Judicial Department is the primary occupant, the cost of such services is 215
	277	+	estimated to exceed three hundred thousand dollars;] (2) "consultant" 216
	278	+	means "consultant" as defined in section 4b-55; and (3) "consultant 217
	279	+	services" means "consultant services" as defined in section 4b-55. Any 218
	280	+	contracts entered into by the Commissioner of Administrative Services 219
	281	+	with any consultants for employment (A) for any project under the 220
	282	+	provisions of this section, (B) in connection with a list established under 221
	283	+	subsection (d) of section 4b-51, or (C) by task letter issued by the 222
	284	+	Commissioner of Administrative Services to any consultant on such list 223
	285	+	pursuant to which the consultant will provide services valued in excess 224
	286	+	of [one] five hundred thousand dollars, shall be subject to the approval 225
	287	+	of the Properties Review Board prior to the employment of such 226
	288	+	consultant or consultants by the commissioner. The Properties Review 227
	289	+	Board shall, not later than thirty days after receipt of such selection of or 228
	290	+	contract with any consultant, approve or disapprove the selection of or 229
	291	+	contract with any consultant made by the Commissioner of 230
	292	+	Administrative Services pursuant to sections 4b-1 and 4b-55 to 4b-59, 231
	293	+	inclusive. If upon the expiration of the thirty-day period a decision has 232
	294	+	not been made, the Properties Review Board shall be deemed to have 233
	295	+	approved such selection or contract. 234
	296	+	Sec. 9. Section 4b-53 of the general statutes is repealed and the 235
	297	+	following is substituted in lieu thereof (Effective July 1, 2021): 236
	298	+	(a) For purposes of this section, the following terms have the 237
	299	+	following meanings: (1) "State building" means any building or facility 238
	300	+	owned or leased by the state of Connecticut and open to the public or 239
	301	+	intended for such use, exclusive of any shed, warehouse, garage, 240
	302	+	building of a temporary nature or building located on the grounds of a 241
	303	+	correctional institution; (2) "proposal development expenses" means the 242
	304	+	cost of preparing a detailed drawing, model or plan as determined by 243
	305	+	the Department of Economic and Community Development or the 244
	306	+	Department of Administrative Services, in accordance with subsections 245
	307	+	(e) and (f) of this section; [and] (3) "work of art" means an integrated 246
	308	+	work of art or a nonintegrated work of art, but excludes landscape 247
	309	+	architecture or landscape gardening; (4) "integrated work of art" means 248 Raised Bill No. 1015
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277		-	public view in state buildings, (2) to establish a bank of major works of 216
278		-	art, from which individual works of art may be circulated among state 217
279		-	buildings, public art museums and nonprofit galleries, and (3) for repair 218
280		-	of all works of art acquired under this section. The Department of 219
281		-	Economic and Community Development, in consultation with the 220
282		-	Commissioner of Administrative Services, shall adopt regulations in 221
283		-	accordance with the provisions of chapter 54, which shall (A) indicate 222
284		-	the portion of the one per cent allocation under subsection (b) of this 223
285		-	section, up to one quarter of such allocation, which shall be deposited in 224
286		-	the General Fund and credited to said account, (B) set forth the manner 225
287		-	in which the moneys in said account shall be allocated and expended 226
288		-	for the purposes of this subsection, and (C) establish procedures to 227
289		-	ensure accountability in maintaining the integrity of such bank of works 228
290		-	of art. 229
291		-	(d) There is established a subaccount within the state buildings works 230
292		-	of art account, established pursuant to subsection (c) of this section, to 231
293		-	be known as the "maintenance account" to be used solely for the 232
294		-	conservation, repair and cleaning of [artworks] works of art 233
295		-	commissioned and purchased for state buildings pursuant to this 234
296		-	section. The Department of Economic and Community Development, in 235
297		-	the case of nonintegrated works of art, or the Department of 236
298		-	Administrative services, in the case of integrated works of art, shall 237
299		-	determine what percentage of the one per cent allocation pursuant to 238
300		-	subsection (b) of this section, up to ten per cent of such allocation, to 239
301		-	credit to said subaccount. 240
302		-	(e) The Department of Economic and Community Development 241
303		-	shall, with respect to a nonintegrated work of art in any project under 242
304		-	subsection (b) of this section, be responsible for the selection of any 243
305		-	artist, artisan or craftsperson, review of any design or plan, and 244
306		-	execution, completion, acceptance and placement of such work of art. [, 245
307		-	provided any work of art to be located in any building under the 246
308		-	supervision, security, utilization and control of the Joint Committee on 247
309		-	Legislative Management shall be approved by said committee. The 248 Substitute Bill No. 1015
	313	+	LCO No. 3649 9 of 12
	314	+
	315	+	art work which is to be an integrated part of such state building, 249
	316	+	including, but not limited to, fresco, mosaic, sculpture and other 250
	317	+	architectural embellishment or functional art created by a professional 251
	318	+	artist, artisan or craftsperson; [,] and (5) "nonintegrated work of art" 252
	319	+	means any work of visual art which is not to be an integrated part of 253
	320	+	such state building, including, but not limited to, a drawing, painting, 254
	321	+	sculpture, mosaic, photograph, work of calligraphy or work of graphic 255
	322	+	art or mixed media. ["Work of art" as used in this section shall not 256
	323	+	include landscape architecture or landscape gardening.] 257
	324	+	(b) The State Bond Commission, in the allocation of proceeds of state 258
	325	+	bonds for purposes of construction, reconstruction or remodeling of any 259
	326	+	state building, shall allocate for works of art, with respect to each such 260
	327	+	project and for the purposes of subsection (c) of this section, an amount 261
	328	+	from such proceeds not less than one per cent of the total estimated cost 262
	329	+	of such construction, reconstruction or remodeling, exclusive of (1) the 263
	330	+	cost of any land acquisition, (2) any nonconstruction costs including the 264
	331	+	cost of such work of art, and (3) any augmentations to such cost, 265
	332	+	provided any such allocation for work of art as provided in this section 266
	333	+	must be approved, prior to authorization of such allocation by the State 267
	334	+	Bond Commission, by the Commissioner of Administrative Services in 268
	335	+	consultation with the Department of Economic and Community 269
	336	+	Development. Each such allocation shall specify the maximum amount, 270
	337	+	if any, that may be spent on integrated works of art and the maximum 271
	338	+	amount, if any, that may be spent on nonintegrated works of art, for 272
	339	+	each such project. Such allocation may be used in accordance with 273
	340	+	subsections (e) and (f) of this section, to reimburse any artist, artisan, 274
	341	+	craftsperson or person who creates a work of art, for proposal 275
	342	+	development expenses when the Department of Economic and 276
	343	+	Community Development or the Department of Administrative 277
	344	+	Services requests such proposal development or to compensate persons 278
	345	+	who, at the request of the Department of Economic and Community 279
	346	+	Development or the Department of Administrative Services, determine 280
	347	+	whether such works of art require proposal development. 281
	348	+	(c) There is established within the General Fund a state building 282 Raised Bill No. 1015
310	349
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315	351
316		-	Commissioner of Administrative Services, in consultation with said] 249
317		-	Said department [,] shall (1) [shall] be responsible for the contractual 250
318		-	arrangements with any such artist, artisan or craftsperson, and (2) [shall] 251
319		-	adopt regulations concerning implementation of the purposes of 252
320		-	[subsection (b) of this section and] this subsection. 253
321		-	(f) The Department of Administrative Services shall, with respect to 254
322		-	integrated works of art in any project under subsection (b) of this 255
323		-	section, be responsible for the selection of any artist, artisan or 256
324		-	craftsperson, review of any design or plan, and execution, completion, 257
325		-	acceptance and placement of such work of art. Said department shall (1) 258
326		-	be responsible for the contractual arrangements with any such artist, 259
327		-	artisan or craftsperson, and (2) adopt regulations in accordance with the 260
328		-	provisions of chapter 54 concerning implementation of the purposes of 261
329		-	subsection (b) of this section and this subsection. 262
330		-	(g) Any work of art to be located in any building under the 263
331		-	supervision, security, utilization and control of the Joint Committee on 264
332		-	Legislative Management shall be approved by said committee. 265
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	353	+
	354	+	works of art account, which shall be a separate, nonlapsing account. The 283
	355	+	moneys within said account shall be used (1) for the purchase of works 284
	356	+	of art from distinguished Connecticut artists, which shall be placed on 285
	357	+	public view in state buildings, (2) to establish a bank of major works of 286
	358	+	art, from which individual works of art may be circulated among state 287
	359	+	buildings, public art museums and nonprofit galleries, and (3) for repair 288
	360	+	of all works of art acquired under this section. The Department of 289
	361	+	Economic and Community Development, in consultation with the 290
	362	+	Commissioner of Administrative Services, shall adopt regulations in 291
	363	+	accordance with the provisions of chapter 54, which shall (A) indicate 292
	364	+	the portion of the one per cent allocation under subsection (b) of this 293
	365	+	section, up to one quarter of such allocation, which shall be deposited in 294
	366	+	the General Fund and credited to said account, (B) set forth the manner 295
	367	+	in which the moneys in said account shall be allocated and expended 296
	368	+	for the purposes of this subsection, and (C) establish procedures to 297
	369	+	ensure accountability in maintaining the integrity of such bank of works 298
	370	+	of art. 299
	371	+	(d) There is established a subaccount within the state buildings works 300
	372	+	of art account, established pursuant to subsection (c) of this section, to 301
	373	+	be known as the "maintenance account" to be used solely for the 302
	374	+	conservation, repair and cleaning of [artworks] works of art 303
	375	+	commissioned and purchased for state buildings pursuant to this 304
	376	+	section. The Department of Economic and Community Development, in 305
	377	+	the case of nonintegrated works of art, or the Department of 306
	378	+	Administrative services, in the case of integrated works of art, shall 307
	379	+	determine what percentage of the one per cent allocation pursuant to 308
	380	+	subsection (b) of this section, up to ten per cent of such allocation, to 309
	381	+	credit to said subaccount. 310
	382	+	(e) The Department of Economic and Community Deve lopment 311
	383	+	shall, with respect to a nonintegrated work of art in any project under 312
	384	+	subsection (b) of this section, be responsible for the selection of any 313
	385	+	artist, artisan or craftsperson, review of any design or plan, and 314
	386	+	execution, completion, acceptance and placement of such work of art. [, 315
	387	+	provided any work of art to be located in any building under the 316 Raised Bill No. 1015
	388	+
	389	+
	390	+
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	392	+
	393	+	supervision, security, utilization and control of the Joint Committee on 317
	394	+	Legislative Management shall be approved by said committee. The 318
	395	+	Commissioner of Administrative Services, in consultation with said] 319
	396	+	Said department [,] shall (1) [shall] be responsible for the contractual 320
	397	+	arrangements with any such artist, artisan or craftsperson, and (2) [shall] 321
	398	+	adopt regulations concerning implementation of the purposes of 322
	399	+	[subsection (b) of this section and] this subsection. 323
	400	+	(f) The Department of Administrative Services shall, with respect to 324
	401	+	integrated works of art in any project under subsection (b) of this 325
	402	+	section, be responsible for the selection of any artist, artisan or 326
	403	+	craftsperson, review of any design or plan, and execution, completion, 327
	404	+	acceptance and placement of such work of art. Said department shall (1) 328
	405	+	be responsible for the contractual arrangements with any such artist, 329
	406	+	artisan or craftsperson, and (2) adopt regulations in accordance with the 330
	407	+	provisions of chapter 54 concerning implementation of the purposes of 331
	408	+	subsection (b) of this section and this subsection. 332
	409	+	(g) Any work of art to be located in any building under the 333
	410	+	supervision, security, utilization and control of the Joint Committee on 334
	411	+	Legislative Management shall be approved by said committee. 335
333	412		This act shall take effect as follows and shall amend the following
334	413		sections:
335	414
336	415		Section 1 July 1, 2021 4a-100(k)
337	416		Sec. 2 July 1, 2021 4a-100(n)
338	417		Sec. 3 July 1, 2021 4b-91(d) and (e)
339		-	Sec. 4 July 1, 2021 4b-92
340		-	Sec. 5 July 1, 2021 4b-21(e)
341		-	Sec. 6 July 1, 2021 4b-22a
342		-	Sec. 7 July 1, 2021 4b-53
	418	+	Sec. 4 July 1, 2021 4b-21(e)
	419	+	Sec. 5 July 1, 2021 4b-22a
	420	+	Sec. 6 July 1, 2021, and
	421	+	applicable to any
	422	+	appointments made on or
	423	+	after said date
	424	+	4b-3(a)
	425	+	Sec. 7 July 1, 2021 4b-3(f)
	426	+	Sec. 8 July 1, 2021 4b-23(i)
	427	+	Sec. 9 July 1, 2021 4b-53
	428	+	Raised Bill No. 1015
343	429
344		-	GAE Joint Favorable Subst.
	430	+
	431	+
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	433	+
	434	+	Statement of Purpose:
	435	+	To remove references to "update bid statement", to reduce certain
	436	+	deadlines for the disposition of surplus real property, to expand the
	437	+	Department of Administrative Services' ability to grant and receive
	438	+	easements, to clarify the State Property Review Board's scope and
	439	+	standard of review, to raise the threshold for review of construction
	440	+	consultant contracts and to give the department authority over
	441	+	integrated works of art in state buildings.
	442	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	443	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	444	+	underlined.]
345	445