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Connecticut House Bill HB05692

Connecticut 2023 Regular Session

Connecticut House Bill HB05692 Compare Versions

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7-General Assembly Substitute Bill No. 5692
5+General Assembly Committee Bill No. 5692
86 January Session, 2023
7+LCO No. 5680
8+
9+
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
12+
13+
14+Introduced by:
15+(GAE)
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1118
1219 AN ACT CONCERNING OVERSIGHT OF CONTRACTS OF THE
1320 CONNECTICUT PORT AUTHORITY.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
17-Section 1. (NEW) (Effective October 1, 2023) (a) As used in this 1
18-section: 2
19-(1) "Authority" means the Connecticut Port Authority established 3
20-under section 15-31a of the general statutes; 4
21-(2) "Supplies", "materials" and "equipment" mean any and all 5
22-articles of personal property furnished to or used by the authority; 6
23-(3) "Contractual services" means any laundry and cleaning service, 7
24-pest control service, janitorial service, security service, the rental and 8
25-repair, or maintenance, of equipment, machinery and other state-9
26-owned personal property, advertising and other service arrangements 10
27-where the service is provided by persons other than employees of the 11
28-authority; 12
29-(4) "Competitive bidding" means the submission of prices by 13
30-persons, firms or corporations competing for a contract to provide 14
31-supplies, materials, equipment or contractual services, under a 15
32-procedure in which the authority does not negotiate prices; 16
33-(5) "Competitive negotiation" means a procedure for contracting for 17 Substitute Bill No. 5692
24+Section 1. (NEW) (Effective October 1, 2023) (a) As used in this section: 1
25+(1) "Authority" means the Connecticut Port Authority established 2
26+under section 15-31a of the general statutes; 3
27+(2) "Supplies", "materials" and "equipment" mean any and all articles 4
28+of personal property furnished to or used by the authority; 5
29+(3) "Contractual services" means any laundry and cleaning service, 6
30+pest control service, janitorial service, security service, the rental and 7
31+repair, or maintenance, of equipment, machinery and other state-owned 8
32+personal property, advertising and other service arrangements where 9
33+the service is provided by persons other than employees of the 10
34+authority; 11
35+(4) "Competitive bidding" means the submission of prices by persons, 12
36+firms or corporations competing for a contract to provide supplies, 13
37+Committee Bill No. 5692
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40-supplies, materials, equipment or contractual services, in which (A) 18
41-proposals are solicited from qualified suppliers by a request for 19
42-proposals, and (B) changes may be negotiated in proposals and prices 20
43-after being submitted; 21
44-(6) "Bidder" means a person, firm or corporation submitting a 22
45-competitive bid in response to a solicitation; 23
46-(7) "Proposer" means a person, firm or corporation submitting a 24
47-proposal in response to a request for proposals; 25
48-(8) "Lowest responsible qualified bidder" means the bidder whose 26
49-bid is the lowest of those bidders possessing the skill, ability and 27
50-integrity necessary to faithful performance of the work based on 28
51-objective criteria considering past performance and financial 29
52-responsibility; and 30
53-(9) "Highest scoring bidder in a multiple criteria bid" means the 31
54-bidder whose bid receives the highest score for a combination of 32
55-attributes, including, but not limited to, price, skill, ability and 33
56-integrity necessary for the faithful performance of the work, based on 34
57-multiple criteria considering quality of product, warranty, life-cycle 35
58-cost, past performance, financial responsibility and other objective 36
59-criteria that are established in the bid solicitation for the contract. 37
60-(b) Notwithstanding any provision of the general statutes, any 38
61-purchases of, and contracts for, supplies, materials, equipment and 39
62-contractual services by the Connecticut Port Authority, except 40
63-purchases and contracts made pursuant to the provisions of subsection 41
64-(c) of this section and public utility services as provided in subsection 42
65-(e) of this section, shall be based, when possible, on competitive bids or 43
66-competitive negotiation. The authority shall solicit competitive bids or 44
67-proposals by providing notice of the planned purchase in a form and 45
68-manner that the authority determines will maximize public 46
69-participation in the competitive bidding or competitive negotiation 47
70-process, including participation by small contractors, as defined in 48 Substitute Bill No. 5692
42+materials, equipment or contractual services, under a procedure in 14
43+which the authority does not negotiate prices; 15
44+(5) "Competitive negotiation" means a procedure for contracting for 16
45+supplies, materials, equipment or contractual services, in which (A) 17
46+proposals are solicited from qualified suppliers by a request for 18
47+proposals, and (B) changes may be negotiated in proposals and prices 19
48+after being submitted; 20
49+(6) "Bidder" means a person, firm or corporation submitting a 21
50+competitive bid in response to a solicitation; 22
51+(7) "Proposer" means a person, firm or corporation submitting a 23
52+proposal in response to a request for proposals; 24
53+(8) "Lowest responsible qualified bidder" means the bidder whose bid 25
54+is the lowest of those bidders possessing the skill, ability and integrity 26
55+necessary to faithful performance of the work based on objective criteria 27
56+considering past performance and financial responsibility; and 28
57+(9) "Highest scoring bidder in a multiple criteria bid" means the 29
58+bidder whose bid receives the highest score for a combination of 30
59+attributes, including, but not limited to, price, skill, ability and integrity 31
60+necessary for the faithful performance of the work, based on multiple 32
61+criteria considering quality of product, warranty, life-cycle cost, past 33
62+performance, financial responsibility and other objective criteria that are 34
63+established in the bid solicitation for the contract. 35
64+(b) Notwithstanding any provision of the general statutes, any 36
65+purchases of, and contracts for, supplies, materials, equipment and 37
66+contractual services by the Connecticut Port Authority, except 38
67+purchases and contracts made pursuant to the provisions of subsection 39
68+(c) of this section and public utility services as provided in subsection 40
69+(e) of this section, shall be based, when possible, on competitive bids or 41
70+competitive negotiation. The authority shall solicit competitive bids or 42
71+proposals by providing notice of the planned purchase in a form and 43
72+Committee Bill No. 5692
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77-section 4a-60g of the general statutes, and promote competition. Each 49
78-notice of a planned purchase under this subsection shall indicate the 50
79-type of goods and services to be purchased and the estimated value of 51
80-the contract award. The notice shall, when applicable, also contain a 52
81-notice of contract requirements concerning nondiscrimination and 53
82-affirmative action pursuant to section 4a-60 of the general statutes and 54
83-requirements concerning the awarding of contracts to small 55
84-contractors, minority business enterprises, individuals with a disability 56
85-and nonprofit corporations pursuant to section 4a-60g of the general 57
86-statutes. Each bid and proposal shall be kept sealed or secured until 58
87-opened publicly at the time stated in the notice soliciting such bid or 59
88-proposal. 60
89-(c) The authority may waive the requirement of competitive bidding 61
90-or competitive negotiation in the case of minor nonrecurring or 62
91-emergency purchases of ten thousand dollars or less in amount. 63
92-(d) The authority shall adopt procedures, in accordance with the 64
93-provisions of section 1-121 of the general statutes, establishing (1) 65
94-standards and procedures for using competitive negotiation for 66
95-purchases and contracts, including, but not limited to, criteria which 67
96-shall be considered in making purchases by competitive negotiation 68
97-and the weight which shall be assigned to each such criterion, and (2) 69
98-standards and procedures under which additional purchases may be 70
99-made under existing contracts. 71
100-(e) The purchase of or contract for the following public utility 72
101-services shall not be subject to competitive bidding or competitive 73
102-negotiation: (1) Electric distribution services; (2) water services; (3) gas 74
103-distribution services; (4) electric generation services if such services are 75
104-provided by an electric municipal utility other than a participating 76
105-electric municipal utility, as defined in section 16-1 of the general 77
106-statutes, in the service area of such electric municipal utility; and (5) 78
107-gas supply services until the date such services are competitive 79
108-pursuant to legislative act or order of the Public Utilities Regulatory 80
109-Authority, provided gas supply services shall be exempt from 81 Substitute Bill No. 5692
77+manner that the authority determines will maximize public 44
78+participation in the competitive bidding or competitive negotiation 45
79+process, including participation by small contractors, as defined in 46
80+section 4a-60g of the general statutes, and promote competition. Each 47
81+notice of a planned purchase under this subsection shall indicate the 48
82+type of goods and services to be purchased and the estimated value of 49
83+the contract award. The notice shall, when applicable, also contain a 50
84+notice of contract requirements concerning nondiscrimination and 51
85+affirmative action pursuant to section 4a-60 of the general statutes and 52
86+requirements concerning the awarding of contracts to small contractors, 53
87+minority business enterprises, individuals with a disability and 54
88+nonprofit corporations pursuant to section 4a-60g of the general 55
89+statutes. Each bid and proposal shall be kept sealed or secured until 56
90+opened publicly at the time stated in the notice soliciting such bid or 57
91+proposal. 58
92+(c) The authority may waive the requirement of competitive bidding 59
93+or competitive negotiation in the case of minor nonrecurring and 60
94+emergency purchases of ten thousand dollars or less in amount. 61
95+(d) The authority shall adopt procedures, in accordance with the 62
96+provisions of section 1-121 of the general statutes, establishing (1) 63
97+standards and procedures for using competitive negotiation for 64
98+purchases and contracts, including, but not limited to, criteria which 65
99+shall be considered in making purchases by competitive negotiation and 66
100+the weight which shall be assigned to each such criterion, and (2) 67
101+standards and procedures under which additional purchases may be 68
102+made under existing contracts. 69
103+(e) The purchase of or contract for the following public utility services 70
104+shall not be subject to competitive bidding or competitive negotiation: 71
105+(1) Electric distribution services; (2) water services; (3) gas distribution 72
106+services; (4) electric generation services if such services are provided by 73
107+an electric municipal utility other than a participating electric municipal 74
108+utility, as defined in section 16-1 of the general statutes, in the service 75
109+Committee Bill No. 5692
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116-competitive bidding and competitive negotiation after such date if 82
117-such services are provided by a gas municipal utility in the service area 83
118-of such gas municipal utility. 84
119-(f) All open market orders or contracts of the authority shall be 85
120-awarded to (1) the lowest responsible qualified bidder, while taking 86
121-into consideration the qualities of the articles to be supplied, their 87
122-conformity with the specifications, their suitability to the requirements 88
123-of the authority and the delivery terms, (2) the highest scoring bidder 89
124-in a multiple criteria bid, in accordance with the criteria set forth in the 90
125-bid solicitation for the contract, or (3) the proposer whose proposal is 91
126-deemed by the authority to be the most advantageous, in accordance 92
127-with the criteria set forth in the request for proposals, including price 93
128-and evaluation factors. 94
129-(g) Notwithstanding any provision of the general statutes, when 95
130-awarding a contract through competitive negotiation, the authority 96
131-shall include price as an explicit factor in the criteria in the request for 97
132-proposals and for the contract award. In considering past performance 98
133-of a bidder for the purpose of determining the lowest responsible 99
134-qualified bidder or the highest scoring bidder in a multiple criteria bid, 100
135-the authority shall evaluate the skill, ability and integrity of the bidder 101
136-in terms of the bidder's fulfillment of past contract obligations and the 102
137-bidder's experience or lack of experience in delivering supplies, 103
138-materials, equipment or contractual services of the size or amount for 104
139-which bids have been solicited. 105
140-Sec. 2. Section 15-31b of the general statutes is repealed and the 106
141-following is substituted in lieu thereof (Effective October 1, 2023): 107
142-(a) The purposes of the Connecticut Port Authority shall be to 108
143-coordinate the development of Connecticut's ports and harbors, with a 109
144-focus on private and public investments, pursue federal and state 110
145-funds for dredging and other infrastructure improvements to increase 111
146-cargo movement through the ports and maintain navigability of all 112
147-ports and harbors, market the economic development of such ports 113 Substitute Bill No. 5692
114+area of such electric municipal utility; and (5) gas supply services until 76
115+the date such services are competitive pursuant to legislative act or 77
116+order of the Public Utilities Regulatory Authority, provided gas supply 78
117+services shall be exempt from competitive bidding and competitive 79
118+negotiation after such date if such services are provided by a gas 80
119+municipal utility in the service area of such gas municipal utility. 81
120+(f) All open market orders or contracts of the authority shall be 82
121+awarded to (1) the lowest responsible qualified bidder, the qualities of 83
122+the articles to be supplied, their conformity with the specifications, their 84
123+suitability to the requirements of the authority and the delivery terms 85
124+being taken into consideration, (2) the highest scoring bidder in a 86
125+multiple criteria bid, in accordance with the criteria set forth in the bid 87
126+solicitation for the contract, or (3) the proposer whose proposal is 88
127+deemed by the authority to be the most advantageous, in accordance 89
128+with the criteria set forth in the request for proposals, including price 90
129+and evaluation factors. 91
130+(g) Notwithstanding any provision of the general statutes, when 92
131+awarding a contract through competitive negotiation, the authority 93
132+shall include price as an explicit factor in the criteria in the request for 94
133+proposals and for the contract award. In considering past performance 95
134+of a bidder for the purpose of determining the lowest responsible 96
135+qualified bidder or the highest scoring bidder in a multiple criteria bid, 97
136+the authority shall evaluate the skill, ability and integrity of the bidder 98
137+in terms of the bidder's fulfillment of past contract obligations and the 99
138+bidder's experience or lack of experience in delivering supplies, 100
139+materials, equipment or contractual services of the size or amount for 101
140+which bids have been solicited. 102
141+Sec. 2. Section 15-31b of the general statutes is repealed and the 103
142+following is substituted in lieu thereof (Effective October 1, 2023): 104
143+(a) The purposes of the Connecticut Port Authority shall be to 105
144+coordinate the development of Connecticut's ports and harbors, with a 106
145+focus on private and public investments, pursue federal and state funds 107
146+Committee Bill No. 5692
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154-and harbors, work with the Department of Economic and Community 114
155-Development and other state, local and private entities to maximize 115
156-the economic potential of the ports and harbors, support and enhance 116
157-the overall development of the state's maritime commerce and 117
158-industries, coordinate the planning and funding of capital projects 118
159-promoting the development of the ports and harbors, develop strategic 119
160-entrepreneurial initiatives that may be available to the state, coordinate 120
161-the state's maritime policy activities, serve as the Governor's principal 121
162-maritime policy advisor and undertake such other responsibilities as 122
163-may be assigned to it. To accomplish the purposes of the authority, the 123
164-authority shall have the duty and power to: 124
165-(1) Have perpetual succession as a body politic and corporate and to 125
166-adopt bylaws for the regulation of its affairs and the conduct of its 126
167-business; 127
168-(2) Adopt an official seal and alter the same at pleasure; 128
169-(3) Maintain an office at such place or places as it may designate; 129
170-(4) Sue and be sued in its own name, and plead and be impleaded; 130
171-(5) Develop an organizational and management structure that will 131
172-best accomplish the goals of the authority concerning Connecticut 132
173-ports and harbors; 133
174-(6) Create a code of conduct for the board of directors of the 134
175-authority consistent with part I of chapter 10; 135
176-(7) Adopt rules for the conduct of its business, which shall not be 136
177-considered regulations as defined in section 4-166; 137
178-(8) Adopt an annual budget and plan of operations, including a 138
179-requirement of board approval before the budget or plan may take 139
180-effect; 140
181-(9) Make and enter into all contracts and agreements that are 141 Substitute Bill No. 5692
151+for dredging and other infrastructure improvements to increase cargo 108
152+movement through the ports and maintain navigability of all ports and 109
153+harbors, market the economic development of such ports and harbors, 110
154+work with the Department of Economic and Community Development 111
155+and other state, local and private entities to maximize the economic 112
156+potential of the ports and harbors, support and enhance the overall 113
157+development of the state's maritime commerce and industries, 114
158+coordinate the planning and funding of capital projects promoting the 115
159+development of the ports and harbors, develop strategic entrepreneurial 116
160+initiatives that may be available to the state, coordinate the state's 117
161+maritime policy activities, serve as the Governor's principal maritime 118
162+policy advisor and undertake such other responsibilities as may be 119
163+assigned to it. To accomplish the purposes of the authority, the authority 120
164+shall have the duty and power to: 121
165+(1) Have perpetual succession as a body politic and corporate and to 122
166+adopt bylaws for the regulation of its affairs and the conduct of its 123
167+business; 124
168+(2) Adopt an official seal and alter the same at pleasure; 125
169+(3) Maintain an office at such place or places as it may designate; 126
170+(4) Sue and be sued in its own name, and plead and be impleaded; 127
171+(5) Develop an organizational and management structure that will 128
172+best accomplish the goals of the authority concerning Connecticut ports 129
173+and harbors; 130
174+(6) Create a code of conduct for the board of directors of the authority 131
175+consistent with part I of chapter 10; 132
176+(7) Adopt rules for the conduct of its business, which shall not be 133
177+considered regulations as defined in section 4-166; 134
178+(8) Adopt an annual budget and plan of operations, including a 135
179+requirement of board approval before the budget or plan may take 136
180+Committee Bill No. 5692
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188-necessary, desirable or incidental to the conduct of its business, subject 142
189-to the requirements of section 1 of this act and chapter 62; 143
190-(10) Enter into joint ventures and invest in, and participate with, any 144
191-person or entity, including, without limitation, governmental or 145
192-private business entities in the formation, ownership, management and 146
193-operation of business entities, including stock and nonstock 147
194-corporations, limited liability companies and general and limited 148
195-partnerships, formed to advance the purposes of the authority. The 149
196-officers, employees and members of the board of directors of the 150
197-authority may serve, without compensation, as directors or officers of 151
198-any such business entities formed and such service shall be deemed to 152
199-be within the discharge of the duties of such officers, employees or 153
200-directors to the authority; 154
201-(11) Receive and accept, from any source, aid or contributions, 155
202-including money, property, labor and other things of value; 156
203-(12) Award grants and subsidies, make loans and provide other 157
204-forms of financial assistance to any person or entity under a written 158
205-policy, adopted in accordance with the provisions of section 1-121, 159
206-setting forth the eligibility criteria, application process, and such other 160
207-provisions as may be necessary or desirable to carry out the purposes 161
208-of this section; 162
209-(13) Charge reasonable fees for the services it performs and waive, 163
210-suspend, reduce or otherwise modify such fees in accordance with 164
211-written criteria established by the authority, and provided, that no 165
212-change may be made in fees without at least thirty days prior notice, 166
213-published in accordance with the provisions of section 1-121; 167
214-(14) Employ such assistants, agents and other employees as may be 168
215-necessary or desirable to carry out its purposes. (A) The executive 169
216-director and such employees shall be exempt from the classified 170
217-service and, except as provided in subparagraph (B) of this 171
218-subdivision, shall not be employees, as defined in subsection (b) of 172 Substitute Bill No. 5692
185+effect; 137
186+(9) Make and enter into all contracts and agreements that are 138
187+necessary, desirable or incidental to the conduct of its business, subject 139
188+to the requirements of section 1 of this act and chapter 62; 140
189+(10) Enter into joint ventures and invest in, and participate with, any 141
190+person or entity, including, without limitation, governmental or private 142
191+business entities in the formation, ownership, management and 143
192+operation of business entities, including stock and nonstock 144
193+corporations, limited liability companies and general and limited 145
194+partnerships, formed to advance the purposes of the authority. The 146
195+officers, employees and members of the board of directors of the 147
196+authority may serve, without compensation, as directors or officers of 148
197+any such business entities formed and such service shall be deemed to 149
198+be within the discharge of the duties of such officers, employees or 150
199+directors to the authority; 151
200+(11) Receive and accept, from any source, aid or contributions, 152
201+including money, property, labor and other things of value; 153
202+(12) Award grants and subsidies, make loans and provide other 154
203+forms of financial assistance to any person or entity under a written 155
204+policy, adopted in accordance with the provisions of section 1-121, 156
205+setting forth the eligibility criteria, application process, and such other 157
206+provisions as may be necessary or desirable to carry out the purposes of 158
207+this section; 159
208+(13) Charge reasonable fees for the services it performs and waive, 160
209+suspend, reduce or otherwise modify such fees in accordance with 161
210+written criteria established by the authority, and provided, that no 162
211+change may be made in fees without at least thirty days prior notice, 163
212+published in accordance with the provisions of section 1-121; 164
213+(14) Employ such assistants, agents and other employees as may be 165
214+necessary or desirable to carry out its purposes. (A) The executive 166
215+Committee Bill No. 5692
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225-section 5-270. The authority shall fix appropriate compensation for 173
226-such employees and establish all necessary or appropriate personnel 174
227-practices and policies, including those relating to hiring, promotion, 175
228-compensation, retirement and collective bargaining, which need not be 176
229-in accordance with chapter 68, and the authority shall not be an 177
230-employer, as defined in subsection (a) of section 5-270, and may 178
231-engage consultants, attorneys and appraisers as may be necessary or 179
232-desirable to carry out its purposes in accordance with sections 15-31a 180
233-to 15-31i, inclusive. (B) For purposes of group welfare benefits and 181
234-retirement, including, but not limited to, those provided under chapter 182
235-66 and sections 5-257 and 5-259, the officers and all other employees of 183
236-the authority shall be state employees. The authority shall reimburse 184
237-the appropriate state agencies for all costs incurred by such 185
238-designation; 186
239-(15) Invest in, acquire, lease, purchase, own, manage, hold and 187
240-dispose of real property and lease, convey or deal in or enter into 188
241-agreements with respect to such property on any terms necessary or 189
242-incidental to carrying out the purposes of sections 15-31a to 15-31i, 190
243-inclusive, provided such transactions shall not be subject to approval, 191
244-review or regulation by any state agency pursuant to title 4b or any 192
245-other provision of the general statutes, except (A) the authority shall 193
246-not convey fee simple ownership in any property associated with the 194
247-ports or harbors under its jurisdiction and control without the 195
248-approval of the State Properties Review Board and the Attorney 196
249-General, and (B) as provided in subsection (c) of this section; and 197
250-(16) Adopt any policies and procedures necessary to carry out the 198
251-provisions of this section in accordance with the provisions of section 199
252-1-121. 200
253-(b) The authority shall continue as long as it has bonds or other 201
254-obligations outstanding and until its existence is terminated by law, 202
255-provided no such termination shall affect any outstanding contractual 203
256-obligation of the authority and the state shall succeed to the obligations 204
257-of the authority under any contract. Upon the termination of the 205 Substitute Bill No. 5692
220+director and such employees shall be exempt from the classified service 167
221+and, except as provided in subparagraph (B) of this subdivision, shall 168
222+not be employees, as defined in subsection (b) of section 5-270. The 169
223+authority shall fix appropriate compensation for such employees and 170
224+establish all necessary or appropriate personnel practices and policies, 171
225+including those relating to hiring, promotion, compensation, retirement 172
226+and collective bargaining, which need not be in accordance with chapter 173
227+68, and the authority shall not be an employer, as defined in subsection 174
228+(a) of section 5-270, and may engage consultants, attorneys and 175
229+appraisers as may be necessary or desirable to carry out its purposes in 176
230+accordance with sections 15-31a to 15-31i, inclusive. (B) For purposes of 177
231+group welfare benefits and retirement, including, but not limited to, 178
232+those provided under chapter 66 and sections 5-257 and 5-259, the 179
233+officers and all other employees of the authority shall be state 180
234+employees. The authority shall reimburse the appropriate state agencies 181
235+for all costs incurred by such designation; 182
236+(15) Invest in, acquire, lease, purchase, own, manage, hold and 183
237+dispose of real property and lease, convey or deal in or enter into 184
238+agreements with respect to such property on any terms necessary or 185
239+incidental to carrying out the purposes of sections 15-31a to 15-31i, 186
240+inclusive, provided such transactions shall not be subject to approval, 187
241+review or regulation by any state agency pursuant to title 4b or any other 188
242+provision of the general statutes, except (A) the authority shall not 189
243+convey fee simple ownership in any property associated with the ports 190
244+or harbors under its jurisdiction and control without the approval of the 191
245+State Properties Review Board and the Attorney General, and (B) as 192
246+provided in subsection (c) of this section; and 193
247+(16) Adopt any policies and procedures necessary to carry out the 194
248+provisions of this section in accordance with the provisions of section 1-195
249+121. 196
250+(b) The authority shall continue as long as it has bonds or other 197
251+obligations outstanding and until its existence is terminated by law, 198
252+Committee Bill No. 5692
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264-existence of the authority, all its rights and properties shall pass to and 206
265-be vested in the state of Connecticut. 207
266-(c) On and after June 23, 2021, [until July 1, 2026,] the authority shall 208
267-be a state contracting agency for the purposes of chapter 62, except for 209
268-the provisions of section 4e-16, and shall be subject to the authority of 210
269-the State Contracting Standards Board established under section 4e-2. 211
270-Sec. 3. Subdivision (28) of section 4e-1 of the general statutes is 212
271-repealed and the following is substituted in lieu thereof (Effective 213
272-October 1, 2023): 214
273-(28) "State contracting agency" means any executive branch agency, 215
274-board, commission, department, office, institution or council. "State 216
275-contracting agency" does not include the judicial branch, the legislative 217
276-branch, the offices of the Secretary of the State, the State Comptroller, 218
277-the Attorney General, the State Treasurer, with respect to their 219
278-constitutional functions, any state agency with respect to contracts 220
279-specific to the constitutional and statutory functions of the office of the 221
280-State Treasurer. For the purposes of every provision of this chapter 222
281-other than section 4e-16, "state contracting agency" includes the 223
282-Connecticut Port Authority, for the purposes of section 4e-16, "state 224
283-contracting agency" includes any constituent unit of the state system of 225
284-higher education and for the purposes of section 4e-19, "state 226
285-contracting agency" includes the State Education Resource Center, 227
286-established under section 10-4q; 228
257+provided no such termination shall affect any outstanding contractual 199
258+obligation of the authority and the state shall succeed to the obligations 200
259+of the authority under any contract. Upon the termination of the 201
260+existence of the authority, all its rights and properties shall pass to and 202
261+be vested in the state of Connecticut. 203
262+(c) On and after June 23, 2021, [until July 1, 2026,] the authority shall 204
263+be a state contracting agency for the purposes of chapter 62, except for 205
264+the provisions of section 4e-16, and shall be subject to the authority of 206
265+the State Contracting Standards Board established under section 4e-2. 207
266+Sec. 3. Subdivision (28) of section 4e-1 of the general statutes is 208
267+repealed and the following is substituted in lieu thereof (Effective October 209
268+1, 2023): 210
269+(28) "State contracting agency" means any executive branch agency, 211
270+board, commission, department, office, institution or council. "State 212
271+contracting agency" does not include the judicial branch, the legislative 213
272+branch, the offices of the Secretary of the State, the State Comptroller, 214
273+the Attorney General, the State Treasurer, with respect to their 215
274+constitutional functions, any state agency with respect to contracts 216
275+specific to the constitutional and statutory functions of the office of the 217
276+State Treasurer. For the purposes of every provision of this chapter other 218
277+than section 4e-16, "state contracting agency" includes the Connecticut 219
278+Port Authority, for the purposes of section 4e-16, "state contracting 220
279+agency" includes any constituent unit of the state system of higher 221
280+education and for the purposes of section 4e-19, "state contracting 222
281+agency" includes the State Education Resource Center, established 223
282+under section 10-4q; 224
287283 This act shall take effect as follows and shall amend the following
288284 sections:
289285
290286 Section 1 October 1, 2023 New section
291287 Sec. 2 October 1, 2023 15-31b
292288 Sec. 3 October 1, 2023 4e-1(28)
293-
294-Statement of Legislative Commissioners:
295-Section 1(f)(1) was redrafted for clarity.
296- Substitute Bill No. 5692
289+Committee Bill No. 5692
297290
298291
299-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
300-R02-HB.docx }
301-9 of 9
292+LCO No. 5680 9 of 9
302293
303-GAE Joint Favorable Subst. -LCO
294+
295+Statement of Purpose:
296+To promote transparency and ethical standards in the execution of
297+contracts by the Connecticut Port Authority by subjecting the authority
298+to supervision of the State Contracting Standards Board permanently.
299+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
300+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
301+underlined.]
302+
303+Co-Sponsors: REP. CANDELORA V., 86th Dist.; REP. O'DEA, 125th Dist.
304+REP. RUTIGLIANO, 123rd Dist.; REP. ACKERT, 8th Dist.
305+REP. PERILLO J., 113th Dist.; REP. ZUPKUS, 89th Dist.
306+REP. ZAWISTOWSKI, 61st Dist.; REP. CARNEY, 23rd Dist.
307+REP. FISHBEIN, 90th Dist.; REP. KLARIDES-DITRIA, 105th Dist.
308+REP. ANDERSON, 62nd Dist.; REP. NUCCIO, 53rd Dist.
309+
310+H.B. 5692
311+
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