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General Assembly Substitute Bill No. 1183
January Session, 2023
AN ACT CONCERNING STATE CONSTRUCTION RELATED
THRESHOLDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4b-51 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2023): 2
(a) The Commissioner of Administrative Services shall have charge 3
and supervision of the remodeling, alteration, repair or enlargement of 4
any real asset, except any dam, flood or erosion control system, 5
highway, bridge or any mass transit, marine or aviation transportation 6
facility, a facility of the Connecticut Marketing Authority, an asset of the 7
Department of Agriculture program established pursuant to section 26-8
237a, or any building under the supervision and control of the Joint 9
Committee on Legislative Management, involving an expenditure in 10
excess of five hundred thousand dollars, and except that: (1) Until June 11
30, 2028, (A) the Judicial Branch may have charge and supervision of the 12
remodeling, alteration, repair, construction or enlargement of any real 13
asset involving an expenditure of not more than [two] three million 14
dollars, [(2)] (B) each constituent unit of the state system of higher 15
education may have charge and supervision of the remodeling, 16
alteration, repair, construction or enlargement of any real asset 17
involving an expenditure of not more than [two] three million dollars, 18 Substitute Bill No. 1183
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[(3)] (C) The University of Connecticut shall have charge and 19
supervision of the remodeling, alteration, repair, construction, or 20
enlargement of any project, as defined in subdivision (16) of section 10a-21
109c, notwithstanding the amount of the expenditure involved, and [(4)] 22
(D) the Military Department may have charge and supervision of the 23
remodeling, alteration, repair, construction or enlargement of any real 24
asset involving an expenditure of not more than [two] three million 25
dollars; and (2) on and after July 1, 2028, the maximum dollar amounts 26
listed in subparagraphs (A) to (D), inclusive, of subdivision (1) of this 27
subsection for which the Judicial Branch, each such constituent unit, The 28
University of Connecticut and the Military Department shall have 29
charge and supervision of the remodeling, alteration, repair, 30
construction or enlargement of real assets shall be adjusted in 31
accordance with subsection (b) of this section. In any decision to 32
remodel, alter, repair or enlarge any real asset, the commissioner shall 33
consider the capability of the real asset to facilitate recycling programs. 34
(b) Not later than July 1, 2028, and annually thereafter, the 35
Commissioner of Administrative Services shall (1) adjust the maximum 36
dollar amounts listed in subparagraphs (A) to (D), inclusive, of 37
subdivision (1) of subsection (a) of this section by the percentage change 38
in the Producer Price Index by Commodity: Construction (Partial) 39
(WPU80), not seasonally adjusted, or its successor index, as calculated 40
by the United States Department of Labor, over the preceding calendar 41
year, rounded to the nearest multiple of one hundred dollars; and (2) 42
post such adjusted dollar amounts on the Internet web site of the 43
Department of Administrative Services. 44
[(b)] (c) No officer, department, institution, board, commission or 45
council of the state government, except the Commissioner of 46
Administrative Services, the Commissioner of Transportation, the 47
Connecticut Marketing Authority, the Department of Agriculture for 48
purposes of the program established pursuant to section 26-237a, the 49
Joint Committee on Legislative Management, the Judicial Branch, a 50
constituent unit of the state system of higher education or the Military 51 Substitute Bill No. 1183
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Department as authorized in subsection (a) of this section, shall, unless 52
otherwise specifically authorized by law, make or contract for the 53
making of any alteration, repair or addition to any real asset involving 54
an expenditure of more than five hundred thousand dollars. 55
[(c)] (d) The plans necessary for any such remodeling, alteration, 56
repair or enlargement of any state humane institution, as defined in 57
section 17b-222, shall be subject to the approval of the administrative 58
head of such humane institution. 59
[(d)] (e) (1) Notwithstanding any provision of the general statutes, the 60
Commissioner of Administrative Services may select consultants to be 61
on a list established for the purpose of providing any consultant 62
services. Such list shall be established as provided in sections 4b-56, as 63
amended by this act, and 4b-57, as amended by this act. The 64
commissioner may enter into a contract with any consultant on such list 65
to perform a range of consultant services or to perform a range of tasks 66
pursuant to a task letter detailing services to be performed under such 67
contract. 68
(2) Notwithstanding any provision of the general statutes, the 69
Commissioner of Administrative Services may (A) compile a list of 70
architects, professional engineers and construction administrators for 71
the limited purpose of providing consultant services for a particular 72
program involving various projects for the construction of new 73
buildings or renovations to existing buildings where such buildings are 74
under the operation and control of either the Military Department or the 75
Department of Energy and Environmental Protection, and (B) enter into 76
a contract with any architect, professional engineer or construction 77
administrator on such list for such limited purpose, except that the 78
Adjutant General may perform the functions described in 79
subparagraphs (A) and (B) of this subdivision for any such building 80
under the operation and control of the Military Department. 81
(3) As used in this subsection, "consultant" means "consultant" as 82
defined in section 4b-55, as amended by this act, "consultant services" 83 Substitute Bill No. 1183
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means "consultant services" as defined in section 4b-55, as amended by 84
this act, and "program" means multiple projects involving the planning, 85
design, construction, repair, improvement or expansion of specified 86
buildings, facilities or site improvements, wherein the work (A) will be 87
of a repetitive nature, (B) will share a common funding source that 88
imposes particular requirements, or (C) would be significantly 89
facilitated if completed by the same design professional or construction 90
administrator. 91
[(e)] (f) Costs for projects authorized under subsection [(b)] (c) of this 92
section shall be charged to the bond fund account for the project for 93
which such costs are incurred. The Department of Administrative 94
Services shall develop procedures for expediting the administration of 95
projects for alterations, repairs or additions authorized under said 96
subsection. [(b).] 97
[(f)] (g) Any state agency proposing to remodel, alter or enlarge any 98
real asset shall submit a statement to the commissioner demonstrating 99
the capability of the real asset to facilitate recycling programs. 100
Sec. 2. Subsections (a) and (b) of section 4b-52 of the general statutes 101
are repealed and the following is substituted in lieu thereof (Effective July 102
1, 2023): 103
(a) (1) No repairs, alterations or additions involving expense to the 104
state of five hundred thousand dollars or less or, in the case of repairs, 105
alterations or additions to a building rented or occupied by the Judicial 106
Branch, [one million two hundred fifty thousand] three million dollars 107
or less or, in the case of repairs, alterations or additions to a building 108
rented or occupied by a constituent unit of the state system of higher 109
education, [two] three million dollars or less, shall be made to any state 110
building or premises occupied by any state officer, department, 111
institution, board, commission or council of the state government and 112
no contract for any construction, repairs, alteration or addition shall be 113
entered into without the prior approval of the Commissioner of 114
Administrative Services, except repairs, alterations or additions to a 115 Substitute Bill No. 1183
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building under the supervision and control of the Joint Committee on 116
Legislative Management or the Military Department and repairs, 117
alterations or additions to a building under the supervision of The 118
University of Connecticut. Repairs, alterations or additions which are 119
made pursuant to such approval of the Commissioner of Administrative 120
Services shall conform to all guidelines and procedures established by 121
the Department of Administrative Services for agency-administered 122
projects. (2) Notwithstanding the provisions of subdivision (1) of this 123
subsection, repairs, alterations or additions involving expense to the 124
state of five hundred thousand dollars or less may be made to any state 125
building or premises under the supervision of the Office of the Chief 126
Court Administrator or a constituent unit of the state system of higher 127
education, under the terms of section 4b-11, and any contract for any 128
such construction, repairs or alteration may be entered into by the Office 129
of the Chief Court Administrator or a constituent unit of the state system 130
of higher education without the approval of the Commissioner of 131
Administrative Services. 132
(b) Except as provided in this section, no repairs, alterations or 133
additions involving an expense to the state of more than five hundred 134
thousand dollars or, in the case of any repair, alteration or addition 135
administered by the Department of Administrative Services, more than 136
one million five hundred thousand dollars, shall be made to any state 137
building or premises occupied by any state officer, department, 138
institution, board, commission or council of the state government, nor 139
shall any contract for any construction, repairs, alteration or addition be 140
entered into, until the Commissioner of Administrative Services or, in 141
the case of the construction of or repairs, alterations or additions to a 142
building under the supervision and control of the Joint Committee on 143
Legislative Management of the General Assembly, said joint committee 144
or, in the case of the construction of or repairs, alterations or additions 145
to a building involving expenditures in excess of five hundred thousand 146
dollars but not more than [one million two hundred fifty thousand] 147
three million dollars under the supervision and control of the Judicial 148
Branch, said Judicial Branch or, in the case of the construction of or 149 Substitute Bill No. 1183
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repairs, alterations or additions to a building involving expenditures in 150
excess of five hundred thousand dollars but not more than [two] three 151
million dollars under the supervision and control of one of the 152
constituent units of higher education, such constituent unit, or, in the 153
case of the construction of or repairs, alterations or additions to a 154
building involving expenditures in excess of five hundred thousand 155
dollars but not more than [two] three million dollars under the 156
supervision and control of the Military Department, said department, 157
has invited bids thereon and awarded a contract thereon, in accordance 158
with the provisions of sections 4b-91 to 4b-96, inclusive. The 159
Commissioner of Administrative Services, with the approval of the 160
authority having the supervision of state employees or the custody of 161
inmates of state institutions, without the necessity of bids, may employ 162
such employees or inmates and purchase or furnish the necessary 163
materials for the construction, erection, alteration, repair or enlargement 164
of any such state building or premises occupied by any state officer, 165
department, institution, board, commission or council of the state 166
government. 167
Sec. 3. Subdivision (6) of section 4b-55 of the general statutes is 168
repealed and the following is substituted in lieu thereof (Effective July 1, 169
2023): 170
(6) "Project" means any state program requiring consultant services if 171
the cost of such services is estimated to exceed [five hundred] seven 172
hundred fifty thousand dollars, adjusted annually on and after July 1, 173
2024, in accordance with the provisions of section 4 of this act; 174
Sec. 4. (NEW) (Effective July 1, 2023) Not later than July 1, 2024, and 175
annually thereafter, the Commissioner of Administrative Services shall 176
(1) adjust the threshold cost for consultant services for a state program 177
to be deemed a project for the purposes of sections 4b-1 and 4b-55 to 4b-178
59, inclusive, of the general statutes, as amended by this act, by the 179
percentage change in the Producer Price Index by Commodity: 180
Construction (Partial) (WPU80), not seasonally adjusted, or its successor 181
index, as calculated by the United States Department of Labor, over the 182 Substitute Bill No. 1183
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preceding calendar year, rounded to the nearest multiple of one 183
hundred dollars, and (2) post such adjusted threshold cost on the 184
Internet web site of the Department of Administrative Services. 185
Sec. 5. Subsection (i) of section 4b-23 of the general statutes is repealed 186
and the following is substituted in lieu thereof (Effective July 1, 2023): 187
(i) As used in this subsection, (1) "project" means any state program, 188
except the downtown Hartford higher education center project, as 189
defined in section 4b-55, as amended by this act, requiring consultant 190
services if the cost of such services is estimated to exceed one hundred 191
thousand dollars or, in the case of a constituent unit of the state system 192
of higher education, the cost of such services is estimated to exceed three 193
hundred thousand dollars, or in the case of a building or premises under 194
the supervision of the Office of the Chief Court Administrator or 195
property where the Judicial Department is the primary occupant, the 196
cost of such services is estimated to exceed three hundred thousand 197
dollars; (2) "consultant" means "consultant" as defined in section 4b-55, 198
as amended by this act; and (3) "consultant services" means "consultant 199
services" as defined in section 4b-55, as amended by this act. Any 200
contracts entered into by the Commissioner of Administrative Services 201
with any consultants for employment (A) for any project under the 202
provisions of this section, (B) in connection with a list established under 203
subsection [(d)] (e) of section 4b-51, as amended by this act, or (C) by 204
task letter issued by the Commissioner of Administrative Services to any 205
consultant on such list pursuant to which the consultant will provide 206
services valued in excess of one hundred thousand dollars, shall be 207
subject to the approval of the Properties Review Board prior to the 208
employment of such consultant or consultants by the commissioner. The 209
Properties Review Board shall, not later than thirty days after receipt of 210
such selection of or contract with any consultant, approve or disapprove 211
the selection of or contract with any consultant made by the 212
Commissioner of Administrative Services pursuant to sections 4b-1 and 213
4b-55 to 4b-59, inclusive, as amended by this act. If upon the expiration 214
of the thirty-day period a decision has not been made, the Properties 215 Substitute Bill No. 1183
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Review Board shall be deemed to have approved such selection or 216
contract. 217
Sec. 6. Subsection (e) of section 4b-56 of the general statutes is 218
repealed and the following is substituted in lieu thereof (Effective July 1, 219
2023): 220
(e) There shall be established, within the Department of 221
Administrative Services, a State Construction Services Selection Panel 222
that shall consist of three members. Such members shall be appointed 223
by the commissioner, shall be current employees of the Department of 224
Administrative Services or any agency for which consultant services 225
may be contracted, and shall serve only for deliberations involving the 226
selection of consultants under subsection [(d)] (e) of section 4b-51, as 227
amended by this act, for which the employees are appointed. 228
Sec. 7. Section 4b-57 of the general statutes is repealed and the 229
following is substituted in lieu thereof (Effective July 1, 2023): 230
(a) Whenever consultant services are required by the commissioner 231
in fulfilling the responsibilities under section 4b-1, and in the case of 232
each project, the commissioner shall invite responses from such firms by 233
posting notice on the State Contracting Portal, except that the 234
commissioner may receive consultant services under a contract entered 235
into pursuant to subsection [(d)] (e) of section 4b-51, as amended by this 236
act. The commissioner shall prescribe, by regulations adopted in 237
accordance with chapter 54, the advance notice required for, the manner 238
of submission, and conditions and requirements of, such responses. 239
(b) In the case of a project, the responses received shall be considered 240
by the selection panel. The panel shall select from among those 241
responding no fewer than three firms, which such panel determines in 242
accordance with criteria established by the commissioner are most 243
qualified to perform the required consultant services. In the case of any 244
project that requires consultant services by an architect or professional 245
engineer, additional criteria to be considered by such panel in selecting 246 Substitute Bill No. 1183
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a list of the most qualified firms shall include: (1) Such firm's knowledge 247
of this state's building and fire codes, and (2) the geographic location of 248
such firm in relation to the geographic location of the proposed project. 249
The selection panel shall submit a list of the most qualified firms to the 250
commissioner for the commissioner's consideration unless fewer than 251
three responses for a particular project have been received, in which case 252
the panel shall submit the names of all firms who have submitted 253
responses. 254
(c) In the case of consultants selected under subsection [(d)] (e) of 255
section 4b-51, as amended by this act, the responses received shall be 256
considered by the selection panel. The panel shall select, from among 257
those persons responding, a list of those persons most qualified to 258
perform the consultant services. Knowledge of the state building and 259
fire code and whether the consultant is a micro business, as defined in 260
subsection (c) of section 4a-59, shall be considered in determining a 261
consultant's qualifications. 262
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 4b-51
Sec. 2 July 1, 2023 4b-52(a) and (b)
Sec. 3 July 1, 2023 4b-55(6)
Sec. 4 July 1, 2023 New section
Sec. 5 July 1, 2023 4b-23(i)
Sec. 6 July 1, 2023 4b-56(e)
Sec. 7 July 1, 2023 4b-57
GAE Joint Favorable Subst.