Connecticut 2023 Regular Session

Connecticut Senate Bill SB01183 Compare Versions

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7-General Assembly Substitute Bill No. 1183
5+General Assembly Raised Bill No. 1183
86 January Session, 2023
7+LCO No. 5282
98
9+
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
12+
13+
14+Introduced by:
15+(GAE)
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1218
1319
1420 AN ACT CONCERNING STATE CONSTRUCTION RELATED
1521 THRESHOLDS.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
19-Section 1. Section 4b-51 of the general statutes is repealed and the 1
20-following is substituted in lieu thereof (Effective July 1, 2023): 2
21-(a) The Commissioner of Administrative Services shall have charge 3
22-and supervision of the remodeling, alteration, repair or enlargement of 4
23-any real asset, except any dam, flood or erosion control system, 5
24-highway, bridge or any mass transit, marine or aviation transportation 6
25-facility, a facility of the Connecticut Marketing Authority, an asset of the 7
26-Department of Agriculture program established pursuant to section 26-8
27-237a, or any building under the supervision and control of the Joint 9
28-Committee on Legislative Management, involving an expenditure in 10
29-excess of five hundred thousand dollars, and except that: (1) Until June 11
30-30, 2028, (A) the Judicial Branch may have charge and supervision of the 12
31-remodeling, alteration, repair, construction or enlargement of any real 13
32-asset involving an expenditure of not more than [two] three million 14
33-dollars, [(2)] (B) each constituent unit of the state system of higher 15
34-education may have charge and supervision of the remodeling, 16
35-alteration, repair, construction or enlargement of any real asset 17
36-involving an expenditure of not more than [two] three million dollars, 18 Substitute Bill No. 1183
25+Section 1. Subsection (a) of section 4b-51 of the general statutes is 1
26+repealed and the following is substituted in lieu thereof (Effective July 1, 2
27+2023): 3
28+(a) The Commissioner of Administrative Services shall have charge 4
29+and supervision of the remodeling, alteration, repair or enlargement of 5
30+any real asset, except any dam, flood or erosion control system, 6
31+highway, bridge or any mass transit, marine or aviation transportation 7
32+facility, a facility of the Connecticut Marketing Authority, an asset of the 8
33+Department of Agriculture program established pursuant to section 26-9
34+237a, or any building under the supervision and control of the Joint 10
35+Committee on Legislative Management, involving an expenditure in 11
36+excess of five hundred thousand dollars, and except that (1) the Judicial 12
37+Branch may have charge and supervision of the remodeling, alteration, 13
38+repair, construction or enlargement of any real asset involving an 14 Raised Bill No. 1183
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43-[(3)] (C) The University of Connecticut shall have charge and 19
44-supervision of the remodeling, alteration, repair, construction, or 20
45-enlargement of any project, as defined in subdivision (16) of section 10a-21
46-109c, notwithstanding the amount of the expenditure involved, and [(4)] 22
47-(D) the Military Department may have charge and supervision of the 23
48-remodeling, alteration, repair, construction or enlargement of any real 24
49-asset involving an expenditure of not more than [two] three million 25
50-dollars; and (2) on and after July 1, 2028, the maximum dollar amounts 26
51-listed in subparagraphs (A) to (D), inclusive, of subdivision (1) of this 27
52-subsection for which the Judicial Branch, each such constituent unit, The 28
53-University of Connecticut and the Military Department shall have 29
54-charge and supervision of the remodeling, alteration, repair, 30
55-construction or enlargement of real assets shall be adjusted in 31
56-accordance with subsection (b) of this section. In any decision to 32
57-remodel, alter, repair or enlarge any real asset, the commissioner shall 33
58-consider the capability of the real asset to facilitate recycling programs. 34
59-(b) Not later than July 1, 2028, and annually thereafter, the 35
60-Commissioner of Administrative Services shall (1) adjust the maximum 36
61-dollar amounts listed in subparagraphs (A) to (D), inclusive, of 37
62-subdivision (1) of subsection (a) of this section by the percentage change 38
63-in the Producer Price Index by Commodity: Construction (Partial) 39
64-(WPU80), not seasonally adjusted, or its successor index, as calculated 40
65-by the United States Department of Labor, over the preceding calendar 41
66-year, rounded to the nearest multiple of one hundred dollars; and (2) 42
67-post such adjusted dollar amounts on the Internet web site of the 43
68-Department of Administrative Services. 44
69-[(b)] (c) No officer, department, institution, board, commission or 45
70-council of the state government, except the Commissioner of 46
71-Administrative Services, the Commissioner of Transportation, the 47
72-Connecticut Marketing Authority, the Department of Agriculture for 48
73-purposes of the program established pursuant to section 26-237a, the 49
74-Joint Committee on Legislative Management, the Judicial Branch, a 50
75-constituent unit of the state system of higher education or the Military 51 Substitute Bill No. 1183
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44+expenditure of not more than two million dollars, (2) each constituent 15
45+unit of the state system of higher education may have charge and 16
46+supervision of the remodeling, alteration, repair, construction or 17
47+enlargement of any real asset involving an expenditure of not more than 18
48+[two] three million dollars, (3) The University of Connecticut shall have 19
49+charge and supervision of the remodeling, alteration, repair, 20
50+construction, or enlargement of any project, as defined in subdivision 21
51+(16) of section 10a-109c, notwithstanding the amount of the expenditure 22
52+involved, and (4) the Military Department may have charge and 23
53+supervision of the remodeling, alteration, repair, construction or 24
54+enlargement of any real asset involving an expenditure of not more than 25
55+[two] three million dollars. In any decision to remodel, alter, repair or 26
56+enlarge any real asset, the commissioner shall consider the capability of 27
57+the real asset to facilitate recycling programs. 28
58+Sec. 2. Subsection (a) of section 4b-52 of the general statutes is 29
59+repealed and the following is substituted in lieu thereof (Effective July 1, 30
60+2023): 31
61+(a) (1) No repairs, alterations or additions involving expense to the 32
62+state of five hundred thousand dollars or less or, in the case of repairs, 33
63+alterations or additions to a building rented or occupied by the Judicial 34
64+Branch, [one million two hundred fifty thousand] two million dollars or 35
65+less or, in the case of repairs, alterations or additions to a building rented 36
66+or occupied by a constituent unit of the state system of higher education, 37
67+[two] three million dollars or less, shall be made to any state building or 38
68+premises occupied by any state officer, department, institution, board, 39
69+commission or council of the state government and no contract for any 40
70+construction, repairs, alteration or addition shall be entered into without 41
71+the prior approval of the Commissioner of Administrative Services, 42
72+except repairs, alterations or additions to a building under the 43
73+supervision and control of the Joint Committee on Legislative 44
74+Management or the Military Department and repairs, alterations or 45
75+additions to a building under the supervision of The University of 46
76+Connecticut. Repairs, alterations or additions which are made pursuant 47
77+to such approval of the Commissioner of Administrative Services shall 48 Raised Bill No. 1183
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82-Department as authorized in subsection (a) of this section, shall, unless 52
83-otherwise specifically authorized by law, make or contract for the 53
84-making of any alteration, repair or addition to any real asset involving 54
85-an expenditure of more than five hundred thousand dollars. 55
86-[(c)] (d) The plans necessary for any such remodeling, alteration, 56
87-repair or enlargement of any state humane institution, as defined in 57
88-section 17b-222, shall be subject to the approval of the administrative 58
89-head of such humane institution. 59
90-[(d)] (e) (1) Notwithstanding any provision of the general statutes, the 60
91-Commissioner of Administrative Services may select consultants to be 61
92-on a list established for the purpose of providing any consultant 62
93-services. Such list shall be established as provided in sections 4b-56, as 63
94-amended by this act, and 4b-57, as amended by this act. The 64
95-commissioner may enter into a contract with any consultant on such list 65
96-to perform a range of consultant services or to perform a range of tasks 66
97-pursuant to a task letter detailing services to be performed under such 67
98-contract. 68
99-(2) Notwithstanding any provision of the general statutes, the 69
100-Commissioner of Administrative Services may (A) compile a list of 70
101-architects, professional engineers and construction administrators for 71
102-the limited purpose of providing consultant services for a particular 72
103-program involving various projects for the construction of new 73
104-buildings or renovations to existing buildings where such buildings are 74
105-under the operation and control of either the Military Department or the 75
106-Department of Energy and Environmental Protection, and (B) enter into 76
107-a contract with any architect, professional engineer or construction 77
108-administrator on such list for such limited purpose, except that the 78
109-Adjutant General may perform the functions described in 79
110-subparagraphs (A) and (B) of this subdivision for any such building 80
111-under the operation and control of the Military Department. 81
112-(3) As used in this subsection, "consultant" means "consultant" as 82
113-defined in section 4b-55, as amended by this act, "consultant services" 83 Substitute Bill No. 1183
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83+conform to all guidelines and procedures established by the Department 49
84+of Administrative Services for agency-administered projects. (2) 50
85+Notwithstanding the provisions of subdivision (1) of this subsection, 51
86+repairs, alterations or additions involving expense to the state of five 52
87+hundred thousand dollars or less may be made to any state building or 53
88+premises under the supervision of the Office of the Chief Court 54
89+Administrator or a constituent unit of the state system of higher 55
90+education, under the terms of section 4b-11, and any contract for any 56
91+such construction, repairs or alteration may be entered into by the Office 57
92+of the Chief Court Administrator or a constituent unit of the state system 58
93+of higher education without the approval of the Commissioner of 59
94+Administrative Services. 60
95+Sec. 3. Subdivision (6) of section 4b-55 of the general statutes is 61
96+repealed and the following is substituted in lieu thereof (Effective July 1, 62
97+2023): 63
98+(6) "Project" means any state program requiring consultant services if 64
99+the cost of such services is estimated to exceed [five hundred] seven 65
100+hundred fifty thousand dollars, adjusted annually on and after July 1, 66
101+2024, in accordance with the provisions of section 4 of this act; 67
102+Sec. 4. (NEW) (Effective July 1, 2023) Not later than July 1, 2024, and 68
103+annually thereafter, the Commissioner of Administrative Services shall 69
104+adjust the threshold cost for consultant services for a state program to 70
105+be deemed a project for the purposes of section 4b-1 of the general 71
106+statutes and sections 4b-55 to 4b-59, inclusive, of the general statutes, as 72
107+amended by this act. The commissioner shall adjust such threshold cost 73
108+by the percentage change in the Producer Price Index by Commodity: 74
109+Construction (Partial) (WPU80), not seasonally adjusted, or its successor 75
110+index, as calculated by the United States Department of Labor, over the 76
111+preceding calendar year, rounded to the nearest multiple of one 77
112+hundred dollars. 78
113+This act shall take effect as follows and shall amend the following
114+sections:
115+ Raised Bill No. 1183
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120-means "consultant services" as defined in section 4b-55, as amended by 84
121-this act, and "program" means multiple projects involving the planning, 85
122-design, construction, repair, improvement or expansion of specified 86
123-buildings, facilities or site improvements, wherein the work (A) will be 87
124-of a repetitive nature, (B) will share a common funding source that 88
125-imposes particular requirements, or (C) would be significantly 89
126-facilitated if completed by the same design professional or construction 90
127-administrator. 91
128-[(e)] (f) Costs for projects authorized under subsection [(b)] (c) of this 92
129-section shall be charged to the bond fund account for the project for 93
130-which such costs are incurred. The Department of Administrative 94
131-Services shall develop procedures for expediting the administration of 95
132-projects for alterations, repairs or additions authorized under said 96
133-subsection. [(b).] 97
134-[(f)] (g) Any state agency proposing to remodel, alter or enlarge any 98
135-real asset shall submit a statement to the commissioner demonstrating 99
136-the capability of the real asset to facilitate recycling programs. 100
137-Sec. 2. Subsections (a) and (b) of section 4b-52 of the general statutes 101
138-are repealed and the following is substituted in lieu thereof (Effective July 102
139-1, 2023): 103
140-(a) (1) No repairs, alterations or additions involving expense to the 104
141-state of five hundred thousand dollars or less or, in the case of repairs, 105
142-alterations or additions to a building rented or occupied by the Judicial 106
143-Branch, [one million two hundred fifty thousand] three million dollars 107
144-or less or, in the case of repairs, alterations or additions to a building 108
145-rented or occupied by a constituent unit of the state system of higher 109
146-education, [two] three million dollars or less, shall be made to any state 110
147-building or premises occupied by any state officer, department, 111
148-institution, board, commission or council of the state government and 112
149-no contract for any construction, repairs, alteration or addition shall be 113
150-entered into without the prior approval of the Commissioner of 114
151-Administrative Services, except repairs, alterations or additions to a 115 Substitute Bill No. 1183
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158-building under the supervision and control of the Joint Committee on 116
159-Legislative Management or the Military Department and repairs, 117
160-alterations or additions to a building under the supervision of The 118
161-University of Connecticut. Repairs, alterations or additions which are 119
162-made pursuant to such approval of the Commissioner of Administrative 120
163-Services shall conform to all guidelines and procedures established by 121
164-the Department of Administrative Services for agency-administered 122
165-projects. (2) Notwithstanding the provisions of subdivision (1) of this 123
166-subsection, repairs, alterations or additions involving expense to the 124
167-state of five hundred thousand dollars or less may be made to any state 125
168-building or premises under the supervision of the Office of the Chief 126
169-Court Administrator or a constituent unit of the state system of higher 127
170-education, under the terms of section 4b-11, and any contract for any 128
171-such construction, repairs or alteration may be entered into by the Office 129
172-of the Chief Court Administrator or a constituent unit of the state system 130
173-of higher education without the approval of the Commissioner of 131
174-Administrative Services. 132
175-(b) Except as provided in this section, no repairs, alterations or 133
176-additions involving an expense to the state of more than five hundred 134
177-thousand dollars or, in the case of any repair, alteration or addition 135
178-administered by the Department of Administrative Services, more than 136
179-one million five hundred thousand dollars, shall be made to any state 137
180-building or premises occupied by any state officer, department, 138
181-institution, board, commission or council of the state government, nor 139
182-shall any contract for any construction, repairs, alteration or addition be 140
183-entered into, until the Commissioner of Administrative Services or, in 141
184-the case of the construction of or repairs, alterations or additions to a 142
185-building under the supervision and control of the Joint Committee on 143
186-Legislative Management of the General Assembly, said joint committee 144
187-or, in the case of the construction of or repairs, alterations or additions 145
188-to a building involving expenditures in excess of five hundred thousand 146
189-dollars but not more than [one million two hundred fifty thousand] 147
190-three million dollars under the supervision and control of the Judicial 148
191-Branch, said Judicial Branch or, in the case of the construction of or 149 Substitute Bill No. 1183
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198-repairs, alterations or additions to a building involving expenditures in 150
199-excess of five hundred thousand dollars but not more than [two] three 151
200-million dollars under the supervision and control of one of the 152
201-constituent units of higher education, such constituent unit, or, in the 153
202-case of the construction of or repairs, alterations or additions to a 154
203-building involving expenditures in excess of five hundred thousand 155
204-dollars but not more than [two] three million dollars under the 156
205-supervision and control of the Military Department, said department, 157
206-has invited bids thereon and awarded a contract thereon, in accordance 158
207-with the provisions of sections 4b-91 to 4b-96, inclusive. The 159
208-Commissioner of Administrative Services, with the approval of the 160
209-authority having the supervision of state employees or the custody of 161
210-inmates of state institutions, without the necessity of bids, may employ 162
211-such employees or inmates and purchase or furnish the necessary 163
212-materials for the construction, erection, alteration, repair or enlargement 164
213-of any such state building or premises occupied by any state officer, 165
214-department, institution, board, commission or council of the state 166
215-government. 167
216-Sec. 3. Subdivision (6) of section 4b-55 of the general statutes is 168
217-repealed and the following is substituted in lieu thereof (Effective July 1, 169
218-2023): 170
219-(6) "Project" means any state program requiring consultant services if 171
220-the cost of such services is estimated to exceed [five hundred] seven 172
221-hundred fifty thousand dollars, adjusted annually on and after July 1, 173
222-2024, in accordance with the provisions of section 4 of this act; 174
223-Sec. 4. (NEW) (Effective July 1, 2023) Not later than July 1, 2024, and 175
224-annually thereafter, the Commissioner of Administrative Services shall 176
225-(1) adjust the threshold cost for consultant services for a state program 177
226-to be deemed a project for the purposes of sections 4b-1 and 4b-55 to 4b-178
227-59, inclusive, of the general statutes, as amended by this act, by the 179
228-percentage change in the Producer Price Index by Commodity: 180
229-Construction (Partial) (WPU80), not seasonally adjusted, or its successor 181
230-index, as calculated by the United States Department of Labor, over the 182 Substitute Bill No. 1183
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237-preceding calendar year, rounded to the nearest multiple of one 183
238-hundred dollars, and (2) post such adjusted threshold cost on the 184
239-Internet web site of the Department of Administrative Services. 185
240-Sec. 5. Subsection (i) of section 4b-23 of the general statutes is repealed 186
241-and the following is substituted in lieu thereof (Effective July 1, 2023): 187
242-(i) As used in this subsection, (1) "project" means any state program, 188
243-except the downtown Hartford higher education center project, as 189
244-defined in section 4b-55, as amended by this act, requiring consultant 190
245-services if the cost of such services is estimated to exceed one hundred 191
246-thousand dollars or, in the case of a constituent unit of the state system 192
247-of higher education, the cost of such services is estimated to exceed three 193
248-hundred thousand dollars, or in the case of a building or premises under 194
249-the supervision of the Office of the Chief Court Administrator or 195
250-property where the Judicial Department is the primary occupant, the 196
251-cost of such services is estimated to exceed three hundred thousand 197
252-dollars; (2) "consultant" means "consultant" as defined in section 4b-55, 198
253-as amended by this act; and (3) "consultant services" means "consultant 199
254-services" as defined in section 4b-55, as amended by this act. Any 200
255-contracts entered into by the Commissioner of Administrative Services 201
256-with any consultants for employment (A) for any project under the 202
257-provisions of this section, (B) in connection with a list established under 203
258-subsection [(d)] (e) of section 4b-51, as amended by this act, or (C) by 204
259-task letter issued by the Commissioner of Administrative Services to any 205
260-consultant on such list pursuant to which the consultant will provide 206
261-services valued in excess of one hundred thousand dollars, shall be 207
262-subject to the approval of the Properties Review Board prior to the 208
263-employment of such consultant or consultants by the commissioner. The 209
264-Properties Review Board shall, not later than thirty days after receipt of 210
265-such selection of or contract with any consultant, approve or disapprove 211
266-the selection of or contract with any consultant made by the 212
267-Commissioner of Administrative Services pursuant to sections 4b-1 and 213
268-4b-55 to 4b-59, inclusive, as amended by this act. If upon the expiration 214
269-of the thirty-day period a decision has not been made, the Properties 215 Substitute Bill No. 1183
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276-Review Board shall be deemed to have approved such selection or 216
277-contract. 217
278-Sec. 6. Subsection (e) of section 4b-56 of the general statutes is 218
279-repealed and the following is substituted in lieu thereof (Effective July 1, 219
280-2023): 220
281-(e) There shall be established, within the Department of 221
282-Administrative Services, a State Construction Services Selection Panel 222
283-that shall consist of three members. Such members shall be appointed 223
284-by the commissioner, shall be current employees of the Department of 224
285-Administrative Services or any agency for which consultant services 225
286-may be contracted, and shall serve only for deliberations involving the 226
287-selection of consultants under subsection [(d)] (e) of section 4b-51, as 227
288-amended by this act, for which the employees are appointed. 228
289-Sec. 7. Section 4b-57 of the general statutes is repealed and the 229
290-following is substituted in lieu thereof (Effective July 1, 2023): 230
291-(a) Whenever consultant services are required by the commissioner 231
292-in fulfilling the responsibilities under section 4b-1, and in the case of 232
293-each project, the commissioner shall invite responses from such firms by 233
294-posting notice on the State Contracting Portal, except that the 234
295-commissioner may receive consultant services under a contract entered 235
296-into pursuant to subsection [(d)] (e) of section 4b-51, as amended by this 236
297-act. The commissioner shall prescribe, by regulations adopted in 237
298-accordance with chapter 54, the advance notice required for, the manner 238
299-of submission, and conditions and requirements of, such responses. 239
300-(b) In the case of a project, the responses received shall be considered 240
301-by the selection panel. The panel shall select from among those 241
302-responding no fewer than three firms, which such panel determines in 242
303-accordance with criteria established by the commissioner are most 243
304-qualified to perform the required consultant services. In the case of any 244
305-project that requires consultant services by an architect or professional 245
306-engineer, additional criteria to be considered by such panel in selecting 246 Substitute Bill No. 1183
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313-a list of the most qualified firms shall include: (1) Such firm's knowledge 247
314-of this state's building and fire codes, and (2) the geographic location of 248
315-such firm in relation to the geographic location of the proposed project. 249
316-The selection panel shall submit a list of the most qualified firms to the 250
317-commissioner for the commissioner's consideration unless fewer than 251
318-three responses for a particular project have been received, in which case 252
319-the panel shall submit the names of all firms who have submitted 253
320-responses. 254
321-(c) In the case of consultants selected under subsection [(d)] (e) of 255
322-section 4b-51, as amended by this act, the responses received shall be 256
323-considered by the selection panel. The panel shall select, from among 257
324-those persons responding, a list of those persons most qualified to 258
325-perform the consultant services. Knowledge of the state building and 259
326-fire code and whether the consultant is a micro business, as defined in 260
327-subsection (c) of section 4a-59, shall be considered in determining a 261
328-consultant's qualifications. 262
329-This act shall take effect as follows and shall amend the following
330-sections:
331-
332-Section 1 July 1, 2023 4b-51
333-Sec. 2 July 1, 2023 4b-52(a) and (b)
121+Section 1 July 1, 2023 4b-51(a)
122+Sec. 2 July 1, 2023 4b-52(a)
334123 Sec. 3 July 1, 2023 4b-55(6)
335124 Sec. 4 July 1, 2023 New section
336-Sec. 5 July 1, 2023 4b-23(i)
337-Sec. 6 July 1, 2023 4b-56(e)
338-Sec. 7 July 1, 2023 4b-57
339125
340-GAE Joint Favorable Subst.
126+Statement of Purpose:
127+To permit constituent units of the state system of higher education and
128+the Military Department to have charge and supervision of certain
129+changes to real assets involving expenditures of not more than three
130+million dollars, redefine "project" for purposes of the threshold for
131+consultant services and permit the Commissioner of Administrative
132+Services to adjust such threshold.
133+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
134+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
135+underlined.]
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