Sec. 4b-1. (Formerly Sec. 4-126). Duties of commissioner. (a) The Commissioner of Public Works shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A)
highway and bridge construction, the construction and planning of capital improvements
related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol
building or the Legislative Office Building and related facilities by the Joint Committee
on Legislative Management, (D) any project as defined in subdivision (16) of section
10a-109c, undertaken by The University of Connecticut and (E) construction and planning of capital improvements related to the Judicial Department if such construction
and planning do not constitute a project within the meaning of subsection (g) of section
4b-55, including the preparation of preliminary plans, estimates of cost, development
of designs, working plans and specifications, award of contracts and supervision and
inspection. For the purposes of this subparagraph (E), the term "Judicial Department"
does not include the courts of probate, the Division of Criminal Justice and the Public
Defender Services Commission, except where such agencies share facilities in state-
maintained courts; (2) select consultant firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, to assist in the development of plans and specifications
when in the commissioner's judgment such assistance is desirable; (3) render technical
advice and service to all state agencies in the preparation and correlation of plans for
necessary improvement of their physical plants; (4) cooperate with those charged with
fiscal programming and budget formulation in the development of a capital program and
a capital budget for the state; (5) be responsible for the purchase, lease and acquisition of
property and space to house state agencies and, subject to the provisions of section 4b-
21, the sale or exchange of any land or interest in land belonging to the state; (6) maintain
a complete and current inventory of all state-owned or leased property and premises,
including space-utilization data; (7) supervise the care and control of buildings and
grounds owned or leased by the state in Hartford, except the building and grounds of
the State Capitol and the Legislative Office Building and parking garage and related
structures and facilities and grounds, as provided in section 2-71h, and the Connecticut
Marketing Authority and property under the supervision of the Office of the Chief Court
Administrator under the terms of section 4b-11; and (8) be responsible for the administrative functions of establishing and maintaining security standards for all facilities housing
the offices and equipment of the state except (A) Department of Transportation mass
transit, marine and aviation facilities, (B) the State Capitol and the Legislative Office
Building and related facilities, (C) facilities under the care and control of The University
of Connecticut or other constituent units of the state system of higher education, (D)
Judicial Department facilities, (E) Department of Public Safety facilities, (F) Military
Department facilities, (G) Department of Correction facilities, (H) Department of Children and Families client-occupied facilities, (I) facilities occupied by the Governor,
Lieutenant Governor, Attorney General, Comptroller, Secretary of the State and Treasurer, and (J) facilities occupied by the Board of Parole. As used in this subdivision,
"security" has the meaning assigned to it in section 4b-130. Subject to the provisions
of chapter 67, said commissioner may appoint such employees as are necessary for
carrying out the duties prescribed to said commissioner by the general statutes. Sec. 4b-1a. Public Works Capital Projects Revolving Fund. (a) The Commissioner of Public Works is authorized to establish and administer a fund to be known as
the Public Works Capital Projects Revolving Fund, which shall be used for the financing
of the costs of and associated with capital projects which are authorized to be financed
with the proceeds of state bond issues. The commissioner is authorized to expend funds
necessary for all reasonable direct expenses relating to the administration of said fund. Sec. 4b-2. (Formerly Sec. 4-26e). Commissioner of Public Works' reports and
records of realty transactions; authorized consultations. The Commissioner of Public Works shall: Sec. 4b-2a. Council to monitor construction management policies and practices of the Department of Public Works established. Advisory groups. Section 4b-
2a is repealed, effective October 1, 2000. Sec. 4b-3. (Formerly Sec. 4-26a). State Properties Review Board established.
Commissioner of Public Works' powers in state realty transactions. Review by
board of transactions and contracts. Acquisition of development rights subject to
approval of board. (a) There is established a State Properties Review Board which shall
consist of six members appointed as follows: The speaker of the House and president
pro tempore of the Senate shall jointly appoint three members, one of whom shall be
experienced in matters relating to architecture, one experienced in building construction
matters and one in matters relating to engineering; and the minority leader of the House
and the minority leader of the Senate shall jointly appoint three members, one of whom
shall be experienced in matters relating to the purchase, sale and lease of real estate and
buildings, one experienced in business matters generally and one experienced in the
management and operation of state institutions. No more than three of said six members
shall be of the same political party. One of the members first appointed by the speaker
and the president pro tempore shall serve a two-year term, one shall serve a three-year
term and one shall serve a four-year term. One of the members first appointed by the
minority leaders of the House and Senate shall serve a two-year term, one shall serve
a three-year term and one shall serve a four-year term. All appointments of members
to replace those whose terms expire shall be for a term of four years and until their
successors have been appointed and qualified. If any vacancy occurs on the board, the
appointing authorities having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with
the provisions hereof. Sec. 4b-4. (Formerly Sec. 4-26f). Restrictions on employees of the Properties
Review Board and leasing employees of the Department of Public Works. Financial
statements of personnel. (a) No employee of the Properties Review Board shall hold
another state or municipal position, nor shall any such employee or any nonclerical
employee in the unit in the Department of Public Works which is responsible for acquiring, leasing and selling real property on behalf of the state, be directly involved in any
enterprise which does business with the state or be directly or indirectly involved in any
enterprise concerned with real estate acquisition or development. Each member and
employee of the State Properties Review Board shall file, with the board and with the
State Ethics Commission, and each such employee of the department shall file, with the
department and with the State Ethics Commission, a financial statement indicating all
sources of business income of such person in excess of one thousand dollars, and the
name of any business with which he is associated, which shall have the same meaning
as defined in section 1-79. Such statement shall be a public record. Financial statements
for the preceding calendar year shall be filed with the commission on or before April
fifteenth of each year if the employee or member held such a position during the preceding calendar year. Sec. 4b-5. (Formerly Sec. 4-26g). Expenses of personnel of the Properties Review Board. Reasonable expenses of the Properties Review Board and its employees
shall be paid from the budget of the board upon the approval of said board. Secs. 4b-6 to 4b-10. Reserved for future use. Sec. 4b-11. (Formerly Sec. 4-24). Supervision of state property. The board of
trustees of each state institution shall have the supervision, care and control of all property used in connection with such institution; the Commissioner of Public Safety shall
have the supervision, care and control of all property used in connection with the Division of State Police and the Division of Fire, Emergency and Building Services within
the Department of Public Safety located outside the city of Hartford; the Joint Committee
on Legislative Management of the General Assembly shall have the supervision, care
and control of the State Capitol building and grounds, the Legislative Office Building
and parking garage and grounds and related structures and facilities; the Office of the
Chief Court Administrator shall have the supervision, care and control of all property
where the Judicial Department is the primary occupant and of the building and grounds
of the State Library and Supreme Court and shall establish policies and procedures
governing such supervision, care and control. For the purposes of this section, the term
"Judicial Department" does not include the courts of probate, the Division of Criminal
Justice and the Public Defender Services Commission, except where they share facilities
in state-maintained courts. Such board of trustees and said commissioner may make
regulations for the maintenance of order on, and the safeguarding and use of, any such
property, subject to the direction and supervision of the Commissioner of Public Works.
Any person who trespasses upon such property or who violates any of the regulations
concerning the use of such property shall be fined not more than one hundred dollars
or imprisoned not more than three months or both. Sec. 4b-12. (Formerly Sec. 4-133). Control of certain state property in Hartford. Control of leased state property outside Hartford. The Commissioner of Public
Works shall have the supervision, care and control of the State Office Building, the state
police buildings located in the city of Hartford, any state-owned building designated by
the Governor, except as otherwise provided by law, and the premises held under lease
or rental by the state, except as otherwise provided by law, but shall make no permanent
material change in the structure or ornamentation of said buildings affecting their symmetry or architecture unless authorized by an act of the General Assembly. All premises
of property leased or rented by the state or by any officer, department, institution, board,
commission or council of the state government and located outside the city of Hartford
shall be under the control and management of the administrative head of the department
or agency using or occupying such leased or rented premises, except as otherwise provided in subsection (b) of section 4b-1. Sec. 4b-13. (Formerly Sec. 4-27a). Parking on state property. Programs to encourage state employees to use mass transportation. Regulations. (a) The Commissioner of Public Works may make regulations for the maintenance of order on and the
use of parking areas on any property owned by the state or under the supervision of said
commissioner, except as provided in sections 2-71h, 10a-79, 10a-92 and 10a-139 and
except for properties under the supervision, care and control of the Chief Court Administrator. Any person violating any such regulation shall be fined not more than seventy-five
dollars and the vehicle in violation of such regulation may be towed. The enforcement of
such regulations shall be by special policemen appointed under section 29-18 and by
Department of Public Works buildings and grounds patrol officers, except that only
such special policemen may tow, or cause the towing of, such vehicles. Sec. 4b-14. (Formerly Sec. 4-130). Flags on state buildings. The commissioner
shall cause the national and the state flags to be displayed on the State Armory, State
Office Building, state police building and the State Library in Hartford, from sunrise to
sunset of each day. Sec. 4b-15. Plan to reduce use of disposable and single-use products and to
separate and collect recyclable items. (a) Each state agency having care, control and
supervision of state property, including the Judicial Department and the Joint Committee
on Legislative Management of the General Assembly, shall prepare on or before October
1, 1990, and thereafter periodically update, in consultation with the Commissioners of
Environmental Protection and Public Works, a plan for each facility under its care,
control or supervision to (1) reduce the use of disposable and single-use products, in
accordance with the plan adopted by the Commissioner of Administrative Services pursuant to section 4a-67b, (2) separate and collect items designated as either suitable or
required for recycling pursuant to section 22a-241b. Such plan shall establish a schedule
for implementation of the policies recommended in the plan. Secs. 4b-16 to 4b-20. Reserved for future use. Sec. 4b-21. (Formerly Sec. 4-26). Purchase, sale or exchange of state land. Approval procedure. Exception. (a) When the General Assembly is not in session, the
trustees of any state institution, the State Board of Education or the Commissioner of
Correction may, subject to the provisions of section 4b-23, purchase or acquire for the
state, through the Commissioner of Public Works, any land or interest therein if such
action seems advisable to protect the state's interest or to effect a needed economy, and
may, subject to the provisions of said section, contract through the Commissioner of
Public Works for the sale or exchange of any land or interest therein belonging to the
state except that The University of Connecticut may purchase or acquire for the state
and may dispose of or exchange any land or interest therein directly. When the General
Assembly is not in session, the Commissioner of Public Works, with the approval of
the State Properties Review Board, may give or obtain an option upon any land or interest
therein which is not under the control of the trustees of any state institution, the State
Board of Education or the Commissioner of Correction when such action seems advisable, and such option shall remain in force until the fifteenth day of August following
the next session of the General Assembly. Sec. 4b-21a. State properties improvement account. There is established an account to be known as the "state properties improvement account" which shall be a
separate nonlapsing account within the General Fund. The account may contain any
moneys required by law to be deposited in the account. The moneys in said account
shall be allocated by the State Bond Commission for capital improvements to, and the
maintenance of, real property owned by the state. Sec. 4b-22. (Formerly Sec. 4-27). Land acquired by the state by gift. Except as
provided in section 3-33, no land shall be acquired by the state by gift except with the
approval of the Governor and the Attorney General. When the Governor and the Attorney
General accept land which has been given to the state for any purpose, proper acknowledgment of the gift shall be made to the donor. Sec. 4b-22a. Easements. Grant and acquisition. Notwithstanding any provision
of the general statutes to the contrary, the Commissioner of Public Works may (1) grant
easements with respect to land owned by the state to a public service company, as defined
in section 16-1, the owner of a district heating and cooling system, or a municipal water
or sewer authority, in connection with a Department of Public Works project, subject
to the approval of the agency having supervision of the care and control of such land
and the State Properties Review Board, and (2) acquire easements with respect to land
not owned by the state in connection with a Department of Public Works project, subject
to the approval of the State Properties Review Board. No easement granted under subdivision (1) of this section shall be for the disposal or storage of radioactive or hazardous
waste materials. The commissioner shall provide notice of any easement granted under
said subdivision (1) to the chief executive official of the municipality, and the members
of the General Assembly representing the municipality, in which the land is located. Sec. 4b-23. (Formerly Sec. 4-26b). State facility plan. Implementation. Responsibilities of Secretary of the Office of Policy and Management, Commissioner
of Public Works and Properties Review Board. Regulations. (a) As used in this
section, "facility" means buildings and real property owned or leased by the state. The
Secretary of the Office of Policy and Management shall establish guidelines which
further define such term. All agencies and departments of the state shall notify the Secretary of the Office of Policy and Management of their facility needs including, but not
limited to, the types of such facilities and the municipalities or general location for the
facilities. Each agency and department shall continue long-range planning for facility
needs, establish a plan for its long-range facility needs and submit such plan and related
facility project requests to the Secretary of the Office of Policy and Management, and
a copy thereof to the Commissioner of Public Works, on or before September first of each
even-numbered year. Each such request shall be accompanied by a capital development
impact statement, as required by section 4-66b, and a colocation statement, as required
by section 4b-31, if the secretary so requires. Each agency and department shall base
its long-term planning for facility needs on a program plan. The secretary shall establish
a content guide and schedule for such plans. Each agency and department shall prepare
its program plan in accordance with such guide and file it with the secretary pursuant
to such schedule. Facility plans shall include, but not be limited to: Identification of (1)
long-term and short-term facility needs, (2) opportunities for the substitution of state-
owned space for leased space, (3) facilities proposed for demolition or abandonment
which have potential for other uses and (4) space modifications or relocations that could
result in cost or energy savings. Each agency or department program plan and facility
plan and its facility project requests shall cover a period of at least five years. The
secretary shall provide agencies and departments with instructions for preparing program plans, long-term facility plans and facility project requests and shall provide appropriate programmatic planning assistance. The Commissioner of Public Works shall assist agencies and departments with long-term facilities planning and the preparation of
cost estimates for such plans and requests. The Secretary of the Office of Policy and
Management shall review such plans and prepare an integrated state facility plan which
meets the aggregate facility needs of the state. The secretary shall review the cost effective retrofit measures recommended to him by the Commissioner of Public Works under
subsection (b) of section 16a-38a and include in the plan those measures which would
best attain the energy performance standards established under subdivision (1) of subsection (b) of section 16a-38. Sec. 4b-23a. State Real Property Advisory Commission. Section 4b-23a is repealed. Sec. 4b-24. (Formerly Sec. 4-26c). Commissioner of Public Works' duties re
state realty; disclosure of principals; audit of contractors. In acting as the determining authority in fulfilling the needs of the various departments and agencies of state
government, except the Legislative Department, and choosing the method of acquisition
which shall be pursued in the open competitive market, the commissioner shall: Sec. 4b-25. (Formerly Sec. 4-126b). Acceptance of title transfer on acquisition
of property. The Commissioner of Public Works, whenever authorized to acquire property, shall have the power, in acquiring property either for the Department of Public
Works or for other state agencies, to accept a transfer of title from the owner whether
the premises acquired are occupied by tenants or vacant. Sec. 4b-26. (Formerly Sec. 4-26d). State realty contracts, compliance and enforcement. Tax escalation clauses; Attorney General's duties. (a) The expert members of the staff of the commissioner shall be responsible for ensuring that sellers, lessors,
and contractors strictly comply with all agreed plans, specifications, requirements and
contractual terms. Sec. 4b-27. (Formerly Sec. 4-26i). Disclosure of state realty needs. Unauthorized disclosure class A misdemeanor. No person affiliated with any requesting agency
shall discuss outside of that agency its real estate needs or interests prior to formal
notification to the commissioner, and in no event without the authorization and supervision of the Commissioner of Public Works, which authorization shall be filed with the
review board; nor shall anyone with knowledge of said needs gained as a result of his
employment by the state disclose any information regarding state real estate needs to
anyone except as authorized by the commissioner. Anyone who discloses any such
information without authority by the commissioner before said information is made
public by the commissioner shall be guilty of a class A misdemeanor. Sec. 4b-28. (Formerly Sec. 4-36a). Notice of proposed change in use of state-
supervised property. Notice of construction or enlargement of building or underground utility facility. (a) Each state agency, commission or state department proposing
any change in the use of any real property under the supervision of such agency, commission or department, within any town, city or borough shall notify the chief executive
officer of such town, city or borough, and the municipal clerk, in writing, of such proposed change in the use of such real property not less than one hundred twenty days
prior to the effective date of such change. Within fifteen days of receipt of such notice,
the chief executive officer or legislative body may request the agency, commission or
department to conduct an informational meeting in the town, city or borough on the
proposed change. Sec. 4b-29. (Formerly Sec. 4-133a). Allocation of facilities to state agencies.
The Commissioner of Public Works shall, subject to the approval of the State Properties
Review Board, order the assignment and removal of state agencies, other than institutions and the Judicial Department, to and from real estate available to the state, through
ownership or lease, when he deems it necessary to provide space, facilities and necessary
accommodations to meet the needs of any of such agencies and when such assignment
or removal will be in the best interests of the state. If any such agency fails to abide by
an order of assignment or removal of the commissioner, the Commissioner of Public
Works shall promptly inform the Governor of the reason for his order and of the failure
of the agency to comply therewith. For the purposes of this section, the term "Judicial
Department" does not include the courts of probate, the Division of Criminal Justice
and the Public Defender Services Commission, except where they share facilities in
state-maintained courts. Sec. 4b-30. (Formerly Sec. 4-128). Offices for state agencies. Leases. Compliance. (a) The Commissioner of Public Works shall assign office space and provide
necessary accommodations in state-owned facilities for state agencies, other than institutions, the Legislative Department and the Judicial Department. Subject to the provisions
of section 4b-23 the commissioner shall execute all leases for offices or any other type
of space or facility necessary to meet the needs of all state agencies, the Judicial Department, the Division of Criminal Justice, the Public Defender Services Commission and
institutions. Any provisions of the general statutes to the contrary notwithstanding the
Commissioner of Public Works shall be the sole authority for negotiating such leases,
provided any such leases, intending to provide for the needs of institutions, shall further
be subject to the approval of the board of trustees of the institution involved and provided
further, the Commissioner of Public Works shall expedite the handling of leases to meet
emergency and short term needs. For the purposes of this section, the term "Judicial
Department" does not include the courts of probate, the Division of Criminal Justice
and the Public Defender Services Commission, except where they share facilities in
state-maintained courts.
(b) Notwithstanding any other provision of the general statutes to the contrary, except for the property of The University of Connecticut, the commissioner may supervise
the care and control of (1) any state-owned or leased office building, and related buildings and grounds, outside the city of Hartford, used as district offices, except any state-
owned or leased office building, and related buildings and grounds, used by the Judicial
Department, and (2) any other state-owned or leased property, on a temporary or permanent basis, if the commissioner, the Secretary of the Office of Policy and Management
and the executive head of the department or agency supervising the care and control of
such property agree, in writing, to such supervision.
(March, 1950, S. 1897d; P.A. 73-149, S. 2, 5; P.A. 75-425, S. 20, 57; P.A. 77-614, S. 73, 610; P.A. 79-450, S. 2, 8;
P.A. 80-483, S. 12, 186; P.A. 81-421, S. 1, 5, 9; P.A. 82-438, S. 2, 6; 82-472, S. 4, 183; P.A. 83-487, S. 22, 33; P.A. 84-
48, S. 8, 17; 84-436, S. 3, 12; P.A. 85-301, S. 9, 10, 13; P.A. 87-496, S. 4, 110; P.A. 89-82, S. 5, 11; P.A. 91-278, S. 7, 9;
P.A. 95-230, S. 33, 45; P.A. 96-235, S. 1, 9, 19; P.A. 97-293, S. 18, 26; June Sp. Sess. P.A. 98-1, S. 81, 121; P.A. 99-75,
S. 10; 99-220, S. 1.)
History: P.A. 73-149 replaced "real assets" with clearer language specifically including both owned and leased property
in Subdiv. (e); P.A. 75-425 made technical changes; P.A. 77-614 replaced public works commissioner with commissioner
of administrative services; P.A. 79-450 replaced reference to engineering and architectural firms with design professional
firms and switched from alphabetic Subdiv. indicators to numeric ones; P.A. 80-483 made technical changes; P.A. 81-421
deleted certain section references to reflect transfer of certain matters to jurisdiction of transportation commissioner and
excluded administrative responsibility for the construction and planning of capital improvements related to mass transit,
marine and aviation transportation from the powers of the commissioner; P.A. 82-438 amended section to except state
capitol building and grounds from provisions of Subdivs. (1) and (6); P.A. 82-472 deleted reference to Sec. 2-52 for
consistency with amendment of Sec. 2-52 in Sec. 1 of the act; P.A. 83-487 added exception for Connecticut marketing
authority; P.A. 84-48 excepted all buildings under the supervision and control of the joint committee on legislative management from commissioner's responsibility under Subdiv. (1) where previously state capitol was excepted; P.A. 84-436
excluded from the commissioner's responsibility the construction and planning of certain capital improvements related to
the judicial department, excluded from the supervision of the commissioner property under the supervision of the office
of the chief court administrator under Sec. 4-24, added a definition of "judicial department" and deleted references to Secs.
10-325, 10-328, 10-328a and 51-27f, effective July 1, 1985; P.A. 85-301 excluded planning and construction of a legislative
office building and related facilities, and capital improvements to such buildings or to the state capitol building from the
commissioner's responsibility under Subdiv. (1), deleting exclusion for any building under the supervision and control of
the legislative management committee and excluded the legislative office building and related facilities and grounds from
the commissioner's responsibility under Subdiv. (6); P.A. 87-496 substituted "public works" for "administrative services"
commissioner, added new Subdiv. (5) re responsibility for property and space to house state agencies and the sale or
exchange of state land or interest in state land, renumbered remaining Subdivs. accordingly and deleted references to
specific sections in referring to duties prescribed to commissioner; Sec. 4-126 transferred to Sec. 4b-1 in 1989; P.A. 89-
82 made technical change in Subdiv. (1) re improvements to state capitol or legislative office buildings and amended
Subdiv. (7) to except care and control of legislative parking garage and related structures from supervision by public works
commissioner and to delete obsolete reference to construction of legislative office building; P.A. 91-278 added Subsec.
(b) authorizing the commissioner to supervise the care and control of certain state-owned and related office buildings and
other multiuse state-owned property; P.A. 95-230 amended Subsec. (a) to add new Subpara. (D) to Subdiv. (1) re projects
under UCONN 2000 and relettered remaining subparagraph and amended Subsec. (b) to add exception for the property
of The University of Connecticut, effective June 7, 1995; P.A. 96-235 amended Subsec. (a)(2) by substituting "consultant"
for "design professional" and amended Subsec. (b) by authorizing commissioner to supervise care and control of leased
buildings, repealing condition in Subdiv. (1) that buildings be used by two or more state departments and repealing condition
in Subdiv. (2) that property be "multiuse", effective June 6, 1996; P.A. 97-293 made a technical change in Subsec. (a),
effective July 1, 1997; June Sp. Sess. P.A. 98-1 amended Subsec. (a)(1)(E) by substituting "subsection (h)" for "subsection
(e)", effective June 24, 1998; P.A. 99-75 made technical changes in Subsec. (a); P.A. 99-220 amended Subsec. (a) by
adding the exclusions from "Judicial Department" and by adding Subdiv. (8) re commissioner's responsibilities re security
standards for state facilities.
See Sec. 4b-11 re commissioner's duties with regard to supervision of state property.
See Sec. 4b-101 re information on contractors and subcontractors to be provided to the Commissioner of Revenue
Services.
See Sec. 13b-4 re certain transportation capital projects.
See Secs. 49-41 to 49-43, inclusive, re bonds required with respect to public works contracts.
Annotations to former section 4-126:
Cited. 140 C. 124.
Statute does not require public works commissioner to secure compliance with preference clause of contract entered
into under section 31-52. 26 CS 384, 386. Cited. 37 CS 50, 56, 77.
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(b) The State Bond Commission shall have power from time to time to authorize
the issuance of bonds of the state in one or more series in accordance with section 3-20
and in a principal amount necessary to carry out the purposes of this section, but not in
excess of an aggregate amount of one million dollars. All of said bonds shall be payable
at such place or places as may be determined by the Treasurer pursuant to section 3-19
and shall bear such date or dates, mature at such time or times, not exceeding five years
from their respective dates, bear interest at such rate or different or varying rates and
payable at such time or times, be in such denominations, be in such form with or without
interest coupons attached, carry such registration and transfer privileges, be payable in
such medium of payment and be subject to such terms of redemption with or without
premium as, irrespective of the provisions of said section 3-20, may be provided by the
authorization of the State Bond Commission or fixed in accordance therewith. The
proceeds of the sale of such bonds shall be deposited in the Public Works Capital Projects
Revolving Fund created by this section. Such bonds shall be general obligations of the
state and full faith and credit of the state of Connecticut are pledged for the payment of
the principal of and interest on such bonds as the same become due. Accordingly, and
as part of the contract of the state with the holders of such bonds, appropriation of all
amounts necessary for punctual payment of such principal and interest is hereby made
and the Treasurer shall pay such principal and interest as the same become due. Net
earnings on investments or reinvestments of proceeds, accrued interest and premiums
on the issuance of such bonds, after payment therefrom of expenses incurred by the
Treasurer or State Bond Commission in connection with their issuance, shall be deposited in the General Fund of the state.
(June Sp. Sess. P.A. 91-4, S. 24, 25.)
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(a) Submit to the board on September first of each year a report which shall include
all pertinent data on his operations concerning realty acquisitions, the projected needs
of the state and recommendations for statutory changes which may be appropriate. On
or before October first of each year, the board shall submit such report with recommendations, comments, conclusions or other pertinent information to the Governor and the
members of the joint standing committees of the General Assembly having cognizance
of matters relating to appropriations and the budgets of state agencies and to state finance,
revenue and bonding.
(b) Consult and cooperate with professional bodies and groups concerning the purposes of sections 2-90, 4b-2 to 4b-5, inclusive, 4b-23, 4b-24, 4b-26, 4b-27 and 4b-32.
(c) Keep and maintain proper financial records with respect to real estate acquisition
activities for use in calculating the costs of his operation.
(P.A. 75-425, S. 5, 57; P.A. 77-614, S. 73, 610; P.A. 82-314, S. 11, 63; P.A. 87-496, S. 23, 110; June 18 Sp. Sess. P.A.
97-11, S. 34, 65.)
History: P.A. 77-614 substituted commissioner of administrative services for public works commissioner; P.A. 82-314
changed committee names; P.A. 87-496 substituted public works commissioner for administrative services commissioner;
Sec. 4-26e transferred to Sec. 4b-2 in 1989; June 18 Sp. Sess. P.A. 97-11 amended Subsec. (a) by changing deadline for
commissioner to submit annual report to board from August first to September first and changing deadline for board to
submit report to Governor and General Assembly from September first to October first, effective July 1, 1997.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 96-235, S. 17, 19; P.A. 00-66, S. 32.)
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(b) The chairman of the board shall be compensated two hundred dollars per diem
up to a maximum of thirty thousand dollars annually. Other members of the board shall
be compensated two hundred dollars per diem up to a maximum of twenty-five thousand
dollars annually. The members of the board shall choose their own chairman. No person
shall serve on this board who holds another state or municipal governmental position
and no person on the board shall be directly involved in any enterprise which does
business with the state or directly or indirectly involved in any enterprise concerned
with real estate acquisition or development.
(c) The board may adopt such rules as it deems necessary for the conduct of its
internal affairs, in accordance with section 4-167, and may employ a secretary, a clerk,
and within its budget, such employees as it shall deem necessary.
(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Public Works shall be the sole person authorized to represent the state in its
dealings with third parties for the acquisition, construction, development or leasing of
real estate for housing the offices or equipment of all agencies of the state or for the
state-owned public buildings or realty hereinafter provided for in section 2-90, sections
4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection
(c) of section 4b-66, sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72,
10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-
1c, 32-39, 48-9, 51-27d and 51-27f, except that the Joint Committee on Legislative
Management may represent the state in the planning and construction of the Legislative
Office Building and related facilities, in Hartford; the board of trustees of a constituent
unit of the state system of higher education may represent the state in the leasing of real
estate for housing the offices or equipment of such constituent unit provided no lease
payments for such realty are made with funds generated from the general revenues of
the state; the Labor Commissioner may represent the state in the leasing of premises
required for employment security operations as provided in subsection (c) of section
31-250; the Commissioner of Mental Retardation may represent the state in the leasing
of residential property as part of the program developed pursuant to subsection (b) of
section 17a-218, provided such residential property does not exceed two thousand five
hundred square feet, for the community placement of persons eligible to receive residential services from the department and the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the authority, and,
except for the housing of offices or equipment in connection with the initial acquisition
of an existing state mass transit system or the leasing of land by said Marketing Authority
for a term of one year or more in which cases the actions of the Department of Transportation and the Marketing Authority shall be subject to the review and approval of the State
Properties Review Board. Said commissioner shall have the power to establish and
implement any procedures necessary for him to assume his responsibilities as said sole
bargaining agent for state realty acquisitions and shall perform the duties necessary to
carry out such procedures. He may appoint, within his budget and subject to the provisions of chapter 67, such personnel deemed necessary by him to carry out the provisions
hereof, including experts in real estate, construction operations, financing, banking,
contracting, architecture and engineering. The Attorney General's office, at the request
of the commissioner, shall assist the commissioner in contract negotiations regarding
the purchase, lease or construction of real estate.
(e) The State Properties Review Board shall be an independent body within the
Executive Department.
(f) The State Properties Review Board shall review real estate acquisitions proposed
by the Commissioner of Public Works, and the acquisition, other than by condemnation,
or the sale or lease of any property by the Commissioner of Transportation under subdivision (12) of section 13b-4, subject to section 4b-23 and subsection (h) of section 13a-
73. Such review shall consider all aspects of the proposed actions, including feasibility
and method of acquisition and the prudence of the business method proposed. The board
shall also cooperate with and advise and assist the Commissioner of Public Works and
the Commissioner of Transportation in carrying out their duties. The board shall have
access to all information, files and records, including financial records, of the Commissioner of Public Works and the Commissioner of Transportation, and shall, when necessary, be entitled to the use of personnel employed by said commissioners. The board
shall approve or disapprove any acquisition of development rights of agricultural land
by the Commissioner of Agriculture under section 22-26cc.
(P.A. 75-425, S. 1, 57; P.A. 76-116, S. 2; 76-253, S. 1, 6; P.A. 77-614, S. 73, 610; P.A. 80-349, S. 3, 5; P.A. 81-384,
S. 9, 13; 81-421, S. 4, 9; P.A. 82-446, S. 1, 4; P.A. 83-570, S. 2, 17; P.A. 84-98, S. 1; P.A. 85-301, S. 7, 13; 85-567, S. 4,
6; 85-613, S. 84, 154; P.A. 87-496, S. 20, 110; P.A. 88-28, S. 5, 8; P.A. 89-260, S. 3, 41; P.A. 91-124, S. 1; 91-174, S. 2,
16; 91-256, S. 9, 69; P.A. 92-154, S. 3, 23; P.A. 93-262, S. 75, 87; 93-293, S. 5, 11; P.A. 97-247, S. 2, 27; P.A. 98-235,
S. 9, 10.)
History: P.A. 76-116 conditionally exempted labor commissioner from provisions of Subsec. (d) regarding real estate
acquisition, construction or leasing; P.A. 76-253 conditionally exempted transportation department from provisions of
Subsec. (d) regarding real estate, made attorney general's participation in contract negotiations under Subsec. (d) conditional
upon commissioner's request and made state properties review board an independent body; P.A. 77-614 replaced public
works commissioner with commissioner of administrative services; P.A. 80-349 gave properties review board power to
approve or disapprove agriculture department's acquisition of development rights of agricultural land; P.A. 81-384 removed
reference to Sec. 32-23e from Subsec. (d); P.A. 81-421 amended Subsec. (d) by deleting some references to sections dealing
with matters transferred to the jurisdiction of the commissioner of transportation; P.A. 82-446 required the state properties
review board to review certain acquisitions and contracts by the department of transportation; P.A. 83-570 amended section
to make reference to exemption for certain acquisitions and settlements by department of transportation under Sec. 13a-
73; P.A. 84-98 amended Subsec. (d) to permit the Connecticut marketing authority to represent the state in the leasing of
land or markets under the control of the authority; P.A. 85-301 amended Subsec. (d) by adding provision that the legislative
management committee may represent the state in the planning and construction of the legislative office building and
related facilities; P.A. 85-567 amended Subsec. (b) to increase maximum yearly amount of per diem fees for board members
from twelve thousand five hundred to twenty-five thousand dollars and the daily rate from one hundred to one hundred
fifty dollars; P.A. 85-613 made technical changes, deleting reference to Secs. 10-325, 10-328 and 10-328a in Subsec.
(d); P.A. 87-496 replaced administrative services commissioner with public works commissioner; P.A. 88-28 added the
provision allowing the commissioner of mental retardation to represent the state in the leasing of certain property; Sec. 4-
26a transferred to Sec. 4b-3 in 1989; P.A. 89-260 in Subsec. (d) deleted reference to Sec. 10a-81 which was repealed by
Sec. 40 of the act; P.A. 91-124 in Subsec. (f) deleted the requirement that the properties review board review the selection
and contract with any architect or engineer; P.A. 91-174 in Subsec. (d) added the provision concerning the leasing of real
estate for the University of Connecticut Health Center; P.A. 91-256 deleted an obsolete reference to Sec. 10a-129; P.A.
92-154 amended Subsec. (d) to change a reference to the board of trustees of The University of Connecticut to the board
of trustees of a constituent unit of the state system of higher education and to change a reference to The University of
Connecticut Health Center to such constituent unit; P.A. 93-262 removed reference to Sec. 17-3 in Subsec. (d), effective
July 1, 1993; P.A. 93-293 deleted reference to repealed Sec. 10a-145 in Subsec. (d), effective July 1, 1993; P.A. 97-247
made a technical change in Subsec. (d), effective July 1, 1997; P.A. 98-235 increased board members' compensation from
one hundred fifty dollars per diem to two hundred dollars per diem and raised chairman's maximum annual compensation
from twenty-five thousand dollars to thirty thousand dollars, effective July 1, 1998.
See title 2c re termination under "Sunset Law".
See Sec. 16a-38a (c) re leases.
Annotation to former section 4-26a:
Subsec. (f):
Cited. 9 CA 514, 521, 523.
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(b) The provisions of sections 1-82, 1-82a and 1-88 shall apply to any alleged violation of this section.
(P.A. 75-425, S. 6, 57; P.A. 87-570, S. 4, 5; 87-589, S. 75, 87; P.A. 88-109.)
History: P.A. 87-570 applied restrictions to "any person employed by the department of administrative services as a
leasing agent or as an immediate supervisor of a leasing agent", required such employees to file with department and state
ethics commission, and required state properties review board members and employees to file with state ethics commission
instead of secretary of the state's office; P.A. 87-589 made technical change, substituting public works department for
administrative services department; P.A. 88-109 deleted the references to leasing agents and substituted nonclerical employee, added requirements concerning the financial statement and added Subsec. (b) re violations of the section; Sec. 4-
26f transferred to Sec. 4b-4 in 1989.
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(P.A. 75-425, S. 7, 57.)
History: Sec. 4-26g transferred to Sec. 4b-5 in 1989.
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SUPERVISION AND MAINTENANCE
OF STATE REAL PROPERTY
(1949 Rev., S. 261; September, 1957, P.A. 11, S. 5; P.A. 75-316, S. 17; P.A. 77-614, S. 73, 486, 610; P.A. 84-109, S.
1; 84-436, S. 2, 12; P.A. 85-301, S. 4, 5, 13; P.A. 87-496, S. 9, 110; P.A. 89-82, S. 6, 11; P.A. 92-130, S. 1, 10; P.A. 93-
206, S. 1, 16; P.A. 95-220, S. 1, 6.)
History: P.A. 75-316 replaced state library committee with state library board; P.A. 77-614 substituted commissioner
of administrative services for public works commissioner and commissioner of public safety for commissioner of state
police and made the department of state police the division of state police within the department of public safety, effective
January 1, 1979; P.A. 84-109 provided that the state library board share the supervision, care and control of the building
and grounds of the state library and supreme court with "the chief justice of the supreme court", required that mutually
agreeable policies and procedures governing such supervision, care and control be established, and provided that the
commissioner of administrative services shall resolve disputed issues if the state library board and the chief justice are
unable to establish mutually agreeable policies and procedures; P.A. 84-436 added provision that the office of the chief
court administrator shall have the supervision, care and control of all property where the judicial department is the primary
occupant and may make regulations in connection therewith, and added definition of "judicial department", effective July
1, 1985; P.A. 85-301 added provision that the legislative management committee shall have the supervision, care and
control of the state capitol building and grounds, temporary legislative office buildings and the legislative office building
and grounds and related facilities, during and after construction; P.A. 87-496 substituted public works commissioner for
administrative services commissioner; Sec. 4-24 transferred to Sec. 4b-11 in 1989; P.A. 89-82 made technical changes re
buildings under supervision of legislative management committee and deleted obsolete references to temporary legislative
office buildings and construction of legislative office building; P.A. 92-130 required public safety commissioner to have
supervision, care and control of property used in connection with division of fire and building safety; P.A. 93-206 substituted
division of fire, emergency and building services for division of fire and building safety, effective July 1, 1993; P.A. 95-
220 transferred supervision care and control of building and grounds of State Library and Supreme Court from State Library
Board and Chief Justice to Office of Chief Court Administrator and deleted reference to Office of Chief Court Administrator
and board re making regulations for maintenance of order on property subject to supervision of Public Works Commissioner,
effective July 1, 1995.
See title 2c re termination under "Sunset Law".
See Secs. 4b-1, 4b-12 and 4b-52 re Administrative Services Commissioner's duties re management of property owned
or leased by state.
See Sec. 11-1 re State Library Board generally.
See Sec. 53a-109 re criminal trespass on state property.
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(1949 Rev., S. 204, 205; March, 1950, 1953, S. 1900d; 1963, P.A. 362; February, 1965, P.A. 438, S. 1; P.A. 76-192,
S. 2; P.A. 77-614, S. 73, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 81-364, S. 2, 4; P.A. 87-496, S. 35, 110; P.A. 88-
116, S. 2; P.A. 96-235, S. 2, 19.)
History: 1963 act changed jurisdiction of commissioner to regulate parking from state capitol and state office building
grounds to any property owned by the state under his supervision; 1965 act gave commissioner jurisdiction over any state-
owned buildings designated by the governor; P.A. 76-192 enacted exception to provisions of Subsec. (a); P.A. 77-614 and
P.A. 78-303 replaced public works commissioner with commissioner of administrative services and made department of
state police a division within the department of public safety; P.A. 81-364 repealed provision making administrative services
commissioner responsible for maintenance of state capitol building and grounds, see Sec. 2-71h; P.A. 87-496 replaced
commissioner of administrative services with commissioner of public works; P.A. 88-116 added provision transferred
from Sec. 4-132 re control and management of property leased or rented by the state or a state entity, transferred remaining
provisions of former Subsec. (a), re parking regulations, to Sec. 4-27a, and transferred former Subsec. (b), re height of
buildings adjacent to Capitol, to new Sec. 4b-65; Sec. 4-133 transferred to Sec. 4b-12 in 1989; P.A. 96-235 added exception
re Subsec. (b) of Sec. 4b-1, effective June 6, 1996.
Annotations to former section 4-133:
Former section cited. 124 C. 33. Cited. 140 C. 124.
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(b) Each state agency shall develop a program to encourage its employees to use
mass transportation. Such program shall address the feasibility of restricting the amount
of free parking by at least ten per cent for those state employees who work in urban
areas and for providing such employees with subsidies to ride mass transportation. Each
state agency shall submit its program to the Department of Public Works no later than
January 1, 1992. For the purposes of this section, "state agency" means each state department, office or other agency of the state; and "urban area" means any town or city having
a population of seventy-five thousand or more or any town or city in which one hundred
or more state employees are employed at the same site. The Secretary of the Office of
Policy and Management, in consultation with the Commissioner of Public Works, shall
adopt regulations, in accordance with the provisions of chapter 54, after receipt of and
pursuant to each state agency's plan to determine the amount and process by which a
state employee may obtain a subsidy.
(1971, P.A. 458, S. 1, 2; P.A. 88-116, S. 3; P.A. 90-171; P.A. 91-148, S. 2, 3; P.A. 92-41, S. 1, 3; P.A. 93-123, S. 1, 2;
93-312, S. 6, 7; P.A. 94-169, S. 1, 20; May 25 Sp. Sess. P.A. 94-1, S. 4, 130; P.A. 95-220, S. 2, 6; P.A. 96-28, S. 1, 2.)
History: P.A. 88-116 inserted new Subsec. (a), re parking regulations, which was transferred from Sec. 4-133, relettering
former Subsecs. accordingly; Sec. 4-27a transferred to Sec. 4b-13 in 1989; P.A. 90-171 added a new Subsec. (d) requiring
each state agency to develop a program to encourage its employees to use mass transportation; P.A. 91-148 in Subsec. (d)
added a requirement that each state agency consider the effect of charging their employees for parking, changed date of
the report from January 1, 1991, to January 1, 1992, and changed definition of urban area to include a town or city where
one hundred or more state employees are employed at the same site; P.A. 92-41 repealed Subsecs. (b) and (c) re state
employee parking, relettering remaining Subsecs. accordingly, effective July 1, 1995; P.A. 93-123 amended Subsec. (a)
by changing applicability from property owned by the state and under supervision of commissioner to property so owned
or under such supervision, adding references to Secs. 10a-79, 10a-92 and 10a-139, excepting parking areas of public
educational institutions and increasing fine from fifty to seventy-five dollars, effective June 14, 1993; P.A. 93-312 changed
effective date of P.A. 92-41 applicable with respect to this section from July 1, 1995, to July 1, 1994, effective July 1,
1993; P.A. 94-169 amended Subsec. (a) to provide exception for properties under supervision of chief court administrator,
state library board and the chief justice under Sec. 4b-11, effective July 1, 1994; May 25 Sp. Sess. P.A. 94-1 amended
Subsec. (a) by making technical changes, effective July 1, 1994; P.A. 95-220 removed reference to properties under
supervision, care and control of State Library Board and Chief Justice, effective July 1, 1995; P.A. 96-28 amended Subsec.
(a) to authorize towing of vehicles in violation of regulations and to authorize Department of Public Works buildings and
grounds patrol officers to enforce such regulations, except for towing of such vehicles, effective April 30, 1996.
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(1949 Rev., S. 191; March, 1950, S. 64d; P.A. 77-614, S. 73, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-472, S.
5, 183.)
History: P.A. 77-614 and P.A. 78-303 replaced jurisdiction of public works commissioner with that of commissioner
of administrative services, effective October 1, 1977, and made state police department a division within the department
of public safety, effective January 1, 1979; P.A. 82-472 eliminated requirement that commissioner cause flags to be
displayed on state capitol; Sec. 4-130 transferred to Sec. 4b-14 in 1989.
See Sec. 2-71h(c) re display of flags on State Capitol.
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(b) Each such agency shall, on or before October 1, 1991, and annually thereafter,
submit to the Commissioner of Environmental Protection and the joint standing committee of the General Assembly having cognizance of matters relating to the environment
a report on implementation of the recycling plan. Such report shall be on a form prescribed by the commissioner and shall provide such information the commissioner
deems necessary.
(c) The Governor, the Joint Committee on Legislative Management and the Commissioners of Environmental Protection and Administrative Services, for the central
offices of the Departments of Environmental Protection and Administrative Services,
shall implement a white paper recycling program to begin on or before January 1, 1989.
Each other state agency, department or institution shall implement such program on or
before January 1, 1991.
(P.A. 88-231, S. 4; P.A. 89-385, S. 9; P.A. 90-230, S. 8, 101; P.A. 96-163, S. 3.)
History: P.A. 89-385 amended Subsec. (a) by changing the deadline for report from January 1, 1991, to October 1,
1990, and further required the plan to provide for reduction of the use of disposable and single-use products; P.A. 90-230
corrected an internal reference in Subsec. (a); P.A. 96-163 amended Subsec. (b) to require submission of recycling plan
to the Commissioner of Environmental Protection instead of the defunct Municipal Solid Waste Recycling Advisory
Council.
See Sec. 4a-67b re plan to be adopted by the Commissioner of Administrative Services eliminating the use of disposable
and single-use products in state government.
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PURCHASE, SALE AND LEASING
OF STATE REAL PROPERTY AND ALLOCATION OF SPACE
(b) Any state agency, department or institution having custody and control of land,
an improvement to land or interest in land, belonging to the state, shall inform the
Secretary of the Office of Policy and Management, in writing, when such land, improvement or interest or any part thereof is not needed by the agency, department or institution.
Upon receipt of such notification, the secretary shall arrange for such agency, department
or institution to forthwith transfer custody and control of such land, improvement or
interest to the Department of Public Works, along with adequate funding for personnel
and other operating expenses required for the maintenance of such land, improvement
or interest, and shall notify all state agencies, departments and institutions that such
land, improvement or interest is available. Within ninety days of receipt of such notification from the secretary, any state agency, department or institution that is interested in
utilizing the land, improvement or interest shall submit a plan to the secretary that sets
forth the proposed use for the land, improvement or interest and a budget and timetable
for such use. If the Commissioner of Economic and Community Development determines that such land, improvement or interest can be utilized or adapted for use as an
emergency shelter or transitional living facility for homeless persons or can be utilized
or exchanged for property which can be utilized for the construction, rehabilitation
or renovation of housing for persons and families of low and moderate income, said
commissioner may (1) within such ninety-day period, submit to the secretary, in lieu
of such plan, a preliminary plan indicating that the land, improvement or interest can
be utilized, adapted or exchanged for such housing purposes and stating the type of
housing that is planned and (2) within six months after the end of such ninety-day period,
submit a comprehensive plan for the development of such housing to the secretary, in
a form prescribed by the secretary. If the Commissioner of Economic and Community
Development submits preliminary and comprehensive plans to the secretary within such
periods, the agency, department or institution having custody and control of the land,
improvement or interest shall transfer custody and control to the Commissioner of Economic and Community Development in accordance with such procedures as the secretary may prescribe. If (A) the Commissioner of Economic and Community Development
does not submit a preliminary plan to the secretary within such ninety-day period or so
submits a preliminary plan but does not submit a comprehensive plan to the secretary
within such six-month period, and (B) one or more agencies, departments or institutions
submit a plan for such land, improvement or interest to the secretary within such ninety-
day period, the secretary shall analyze such agency, department or institution plan or
plans and determine whether (i) custody and control of the land, improvement or interest
shall be transferred to one of such agencies, departments or institutions, in which case
the agency, department or institution having custody of the land, improvement or interest
shall make such transfer, or (ii) the land, improvement or interest shall be treated as
surplus.
(c) If the secretary determines that such land, improvement, interest or part thereof
may properly be treated as surplus, he shall notify the Commissioner of Public Works.
If the secretary also determines that such land, improvement or interest or part thereof
was purchased or improved with proceeds of tax exempt obligations issued or to be
issued by the state, he shall also notify the Treasurer. The Commissioner of Public
Works may sell, exchange or lease, or enter into agreements concerning, such land,
improvement, interest or part thereof, after (1) notifying (A) the municipality or municipalities in which such land, improvement or interest is located and (B) the members of
the General Assembly representing such municipality or municipalities, and (2) obtaining the approval of (A) the Secretary of the Office of Policy and Management, (B)
the State Properties Review Board and (C) the joint standing committees of the General
Assembly having cognizance of matters relating to (i) state revenue and (ii) the purchase
and sale of state property and facilities and (3) if such land, improvement, interest or
part thereof was purchased or improved with proceeds of tax-exempt obligations issued
or to be issued by the state, obtaining the approval of the Treasurer. The Treasurer may
disapprove such a transaction only if the transaction would affect the tax-exempt status
of such obligations and could not be modified to maintain such tax-exempt status. If a
proposed agreement for such a conveyance has not been submitted to the State Properties
Review Board within three years after the Commissioner of Public Works provides such
notice to such municipality and such members of the General Assembly, or if the board
does not approve the proposed agreement within five years after such notice, the Commissioner of Public Works may not convey such land, improvement or interest without
again so notifying such municipality and such members of the General Assembly. In
the case of a proposed lease of land, an improvement to land or an interest in land, or
any part thereof, with a person, firm or corporation in the private sector, for a term of
six months or more, the Commissioner of Public Works shall comply with such notice
requirement by notifying in writing the chief executive officer of the municipality in
which the land, improvement or interest is located and the members of the General
Assembly representing such municipality, not less than two weeks before seeking the
approval of said secretary, board and committees, concerning the proposed lease and
the manner in which the lessee proposes to use the land, improvement or interest. Each
agency, department or institution which informs the secretary that any land, improvement or interest in land is not needed shall retain responsibility for its security and
maintenance until the Commissioner of Public Works receives custody and control of
the property, if any. The Treasurer shall execute and deliver any deed or instrument
necessary to convey the title to any property the sale or exchange of which or a contract
for the sale or exchange of which is authorized by this section.
(d) Upon approval of the proposed action of the Commissioner of Public Works by
said secretary and board, said commissioner shall request approval of such action by
said joint standing committees. The committees shall approve or disapprove such action
within fifteen days after receipt of the request. If a committee does not act on a request
within that time the request shall be deemed to be approved by the committee.
(e) No provision of this section shall be construed to limit, supersede or repeal any
other provision of law relating to the powers or duties of any state agency.
(f) The requirements of subsections (b) to (d), inclusive, of this section shall not
apply to land which the Commissioner of Environmental Protection has acquired pursuant to 42 USC 9601 et seq., the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA).
(1949 Rev., S. 99; March, 1950, S. 31d; 1969, P.A. 356; 1971, P.A. 17; P.A. 75-425, S. 19, 57; P.A. 77-614, S. 277,
610; P.A. 79-360; P.A. 83-334, S. 2, 3; P.A. 86-414, S. 1, 3; P.A. 87-387, S. 1; 87-496, S. 19, 110; 87-589, S. 72, 87; P.A.
88-290, S. 1, 3; P.A. 89-85; P.A. 92-91, S. 2; P.A. 95-230, S. 34, 45; 95-250, S. 1; 95-354, S. 2, 3; P.A. 96-211, S. 1, 5, 6;
96-235, S. 3, 19; P.A. 97-71, S. 2, 4; June 5 Sp. Sess. P.A. 97-1, S. 4, 20.)
History: 1969 act added provision for exchange of property; 1971 act included council of correction among those
empowered to acquire and sell land; P.A. 75-425 made section subject to Sec. 4-26b, interposed public works commissioner
as agent for acquisition and sale of land and gave public works commissioner and state properties review board rather than
governor the power to obtain options on land when general assembly is not in session; P.A. 77-614 replaced council of
correction with commissioner of correction and public works commissioner with commissioner of administrative services,
effective January 1, 1979; P.A. 79-360 made option effective until August fifteenth following next session rather than
until first Wednesday of March of next session; P.A. 83-334 established procedure for sale or exchange of state land by
commissioner of administrative services subject to the approval of the secretary of the office of policy and management,
properties review board and legislative committees; P.A. 86-414 added provisions in Subsec. (b) concerning use of property
for emergency shelters or transitional living facilities; P.A. 87-387 added provisions in Subsec. (b) re compliance by
commissioner of administrative services with municipal notice requirement; P.A. 87-496 substituted "public works" for
"administrative services" commissioner; P.A. 87-589 made technical change in Subsec. (b); P.A. 88-290 added provisions
in Subsec. (b) re transfer of land which can be utilized for low and moderate income housing to the department of housing;
Sec. 4-26 transferred to Sec. 4b-21 in 1989; P.A. 89-85 amended Subsec. (b) to require commissioner of public works,
before conveying or leasing state land, to notify general assembly members representing municipality or municipalities
in which land is located and to require repeat notices to municipality and general assembly members if proposed conveyance
not submitted to review board within three years of first notice or board does not approve within five years; P.A. 92-91
amended Subsec. (b) by specifying that real property can be exchanged for property that can be utilized for housing; P.A.
95-230 amended Subsec. (a) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 95-250 and
P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and
Community Development; P.A. 95-354 divided Subsec. (b) into Subsecs. (b) and (c), amended Subsec. (b) to require
agencies to notify Secretary of the Office of Policy and Management, instead of Public Works and Housing Commissioners,
of unneeded land, to require that custody of such land be transferred to Public Works Department, to provide for notification
of all agencies of availability of such land, to modify procedure for Housing Commissioner to obtain custody of such land
for housing purposes and to establish procedure for other agencies to obtain custody of such land, amended Subsec. (c)
by inserting lettering and numbering, requiring Secretary of the Office of Policy and Management to notify Public Works
Commissioner of surplus land and, if land purchased or improved with state tax exempt obligations, to notify Treasurer,
adding Subdiv. (3) re approval by Treasurer, and making other changes for consistency with Subsec. (b), added Subsec.
(e) re disposition of proceeds from sale of land, and relettered remaining Subsecs. accordingly, effective July 1, 1995; P.A.
96-235 amended Subsec. (b) by requiring that entity transferring custody and control of land, improvement or interest to
Department of Public Works also transfer adequate funding for maintenance of the same, effective June 6, 1996; P.A. 97-
71 added Subsec. (g) re an exemption from procedures under this section for the transfer of land acquired by the Commissioner of Environmental Protection under the Comprehensive Environmental Response, Compensation and Liability Act,
effective May 27, 1997; June 5 Sp. Sess. P.A. 97-1 deleted Subsec. (e) re twenty per cent allocation to state agencies of
funds received from sale of or improvement to land and relettered existing Subsecs. (f) and (g) as Subsecs. (e) and (f),
effective July 31, 1997.
See Sec. 3-14 re management and sale of property by State Treasurer.
See Sec. 8-37y re powers of Commissioner of Economic and Community Development.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 95-354, S. 1, 3.)
History: P.A. 95-354 effective July 1, 1995.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 100.)
History: Sec. 4-27 transferred to Sec. 4b-22 in 1989.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 92-105, S. 1, 3.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) On or before December first of each even-numbered year, the Commissioner
of Public Works shall provide the Secretary of the Office of Policy and Management
with a review of the plans and requests submitted pursuant to subsection (a) for consistency with realistic cost factors, space requirements, space standards, implementation
schedules, priority needs, objectives of the Commissioner of Public Works in carrying
out his responsibilities under section 4b-30 and the need for the maintenance, improvement and replacement of state facilities.
(c) The Secretary of the Office of Policy and Management shall present a proposed
state facility plan to the Properties Review Board on or before February fifteenth of
each odd-numbered year. Such plan shall be known as the recommended state facility
plan and shall include all leases and capital projects and a statement of the degree to
which it promotes the colocation goals addressed in subsection (e) of section 4b-31. The
secretary shall establish guidelines defining "capital projects". The Properties Review
Board shall submit its recommendations to the secretary on or before March first of
each odd-numbered year. The Properties Review Board recommendations shall address
the goals described in subsection (e) of section 4b-31. The secretary shall present the
recommended state facility plan to the General Assembly on or before March fifteenth
of each odd-numbered year.
(d) Upon the approval by the General Assembly of the operating and capital budget
appropriations, the Secretary of the Office of Policy and Management shall update and
modify the recommended state facility plan, which shall then be known as the state
facility plan. The state facility plan shall be used as an advisory document for the leasing
of property for use by state agencies and departments and for related capital projects.
(e) Implementation of the state facility plan shall be the responsibility of the Commissioner of Public Works. He shall conduct a study of each proposed facility in the
plan to determine: (1) The method of choice for satisfying each such facility need, (2)
the geographical areas best suited to such need, (3) the feasibility and cost of such
acquisition using a life-cycle cost analysis as established by subdivision (2) of subsection
(b) of section 16a-38, (4) the degree to which the plan promotes the goals addressed in
subsection (e) of section 4b-31 and (5) any other relevant factors. Said commissioner
shall review and approve each facility plan implementation action and shall submit to
the Properties Review Board a list of each such action approved and the method and
plan by which it shall be accomplished. Said commissioner shall endeavor to locate
human services agencies in the same buildings as municipal and private agencies that
provide human services. The results of said commissioner's study along with all supportive materials shall be immediately sent to the Properties Review Board. The board shall
meet to review the decision of the commissioner and may request the commissioner or
any member of his department, and the head of the requesting agency or any of his
employees to appear for the purpose of supplying pertinent information. Said board
shall call a meeting within two weeks of the receipt of the commissioner's decision,
and may meet as often as necessary, to review said decision. The board, within ninety
days after the receipt of the decision of the Commissioner of Public Works, shall either
accept, reject or request modification of such decision, except that when more time is
required, the board may have a ninety-day extension of time, provided the board shall
advise the Commissioner of Public Works in writing as to the reasons for such extension
of time. If such decision is disapproved by the board, it shall so inform the commissioner
along with its reasons therefor, and the commissioner shall inform the head of the requesting agency and the Secretary of the Office of Policy and Management that its
request has been rejected. If such decision is approved by the board it shall inform the
commissioner of such approval and the commissioner shall immediately communicate
his decision to the head or acting head of such governmental unit and to the Secretary
of the Office of Policy and Management and shall set forth the procedures to be taken
to accomplish the results of such decision. The decision to make public such decision
shall rest solely with the commissioner both as to time and manner of disclosure, but
in no event shall such period exceed one year. The commissioner shall, when he deems
it to be in the public interest, authorize the disclosure of such information; however, in
the absence of such authorization, any unauthorized disclosure shall be subject to the
criminal provisions of section 4b-27. All decisions made by the commissioner under
the provisions of this section shall require review by the board. Except as otherwise
hereinafter provided, the approval or disapproval of the Properties Review Board shall
be binding on the commissioner and the requesting agency with regard to the acquisition
of any real estate by lease or otherwise, notwithstanding any other statute or special act
to the contrary. A majority vote of the board shall be required to accept or reject a
decision of the commissioner.
(f) Within forty-five days from the date of the board's decision regarding the request
of a governmental unit, the head or acting head of such unit shall notify the commissioner
(1) that it accepts his decision, (2) that it rejects his decision and withdraws its request,
or (3) that it does not approve such decision and requests that all or part of such decision
be modified by the commissioner. When such modification is requested, the commissioner shall, within three weeks from receipt of such request, consider and act upon such
request for modification and submit his decision to the Properties Review Board. If the
commissioner and the board fail to agree to such modification in whole or in part, the
governmental unit may, within ten days from the date of notification of such final decision, accept the commissioner's final decision, reject such decision and withdraw its
request, or appeal to the Governor. Upon such appeal, the commissioner shall submit
a report to the Governor stating the board's conclusions and supporting material therefor
and the governmental agency shall submit a report to the Governor stating its objections
to such decision and its supporting material therefor. The Governor shall, within thirty
days of the receipt of such reports, make a decision which shall be binding on the parties
involved. In the absence of any such appeal or withdrawal of request, the decision of
the commissioner and the board shall be final and binding upon the governmental unit.
(g) After final action is taken approving any request or modification thereof, condemnation procedures shall continue to be prosecuted in the same manner as they were
on July 1, 1975, by the agency involved, where such procedures are applicable and
authorized by statute.
(h) Approval by the Properties Review Board shall not be required prior to State
Bond Commission authorization of funds (1) for planning costs and other preliminary
expenses for any construction or acquisition project, or (2) for any construction or acquisition project for which an architect was selected prior to July 1, 1975.
(i) As used in this subsection, (1) "project" means any state program, except the
downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, requiring consultant services if (A) the cost of such services is estimated to
exceed fifty thousand dollars or, in the case of a constituent unit of the state system of
higher education, the cost of such services is estimated to exceed three hundred thousand
dollars, or (B) (i) the construction costs in connection with such program are estimated
to exceed five hundred thousand dollars or, in the case of a constituent unit of the state
system of higher education, other than The University of Connecticut, the construction
costs in connection with such program are estimated to exceed two million dollars, and
(ii) the cost of a consultant services contract for such program exceeds twenty thousand
dollars or the cost of an amendment to a consultant services contract makes the total
cost of the amendment, all previous amendments to such contract and the contract exceed
twenty thousand dollars for the first time; (2) "consultant" means "consultant" as defined
in section 4b-55; and (3) "consultant services" means "consultant services" as defined
in section 4b-55. Any consultant selected by the commissioner, and any contracts entered
into by the commissioner with any consultants for employment, on any project under
the provisions of this section, shall be subject to the approval of the Properties Review
Board prior to the employment of said consultant or consultants by the commissioner.
The Properties Review Board shall, within thirty days, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Public Works
pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive. If upon the expiration of the
thirty-day period a decision has not been made, the Properties Review Board shall be
deemed to have approved such selection or contract.
(j) The Properties Review Board shall, within thirty days, approve or disapprove
the proposed acquisition by lease of any residential property by the Commissioner of
Mental Retardation pursuant to subsection (d) of section 4b-3. If upon the expiration of
such thirty-day period a decision has not been made, the Properties Review Board shall
be deemed to have approved such lease.
(k) Any agency or department of state government requiring additional facilities
not included in the state facility plan may submit a request to the Secretary of the Office
of Policy and Management outlining the justification for its request. The agency or
department shall also provide (1) in the case of a request not previously submitted to
the secretary pursuant to subsection (a) of this section, the reasons why it was not so
submitted, and (2) in the case of a request so submitted, sufficient new information to
warrant reconsideration. Such request shall include a statement of the degree to which
the proposed state facility plan promotes the goals addressed in subsection (e) of section
4b-31, if the secretary so requires. Such request shall also be accompanied by a capital
development impact statement as required under section 4-66b, if the secretary so requires. Subsections (b) to (d), inclusive, of this section shall not apply to the review of
such requests. Any such request for additional facilities which are determined by the
Secretary of the Office of Policy and Management to be of emergency nature or the lack
of which may seriously hinder the efficient operation of the state, may be approved by
the Properties Review Board and the Secretary of the Office of Policy and Management
and shall be known as an approval made during the interim between state facility plans.
No action may be taken by the state to lease or construct such additional facilities unless
the secretary makes such a determination.
(l) The Commissioner of Public Works shall monitor the amount of leased space
being requested and the costs of all proposed and approved facility project actions and
shall advise the Secretary of the Office of Policy and Management and the Governor
when the space to be leased or the forecast costs to complete the project exceed the
square footage amount or the cost levels in the approved state facility plan by ten per
cent or more. Approval of the Secretary of the Office of Policy and Management, the
Properties Review Board, the State Bond Commission and the Governor shall be required to continue the project.
(m) (1) Plans to construct, renovate or modify state-owned or occupied buildings
shall provide for a portion of the total planned floor area of newly constructed state
buildings or buildings constructed specifically for use by the state to be served by renewable sources of energy, including solar, wind, water and biomass sources, for use in
space heating and cooling, domestic hot water and other applications. For the plan due
December 1, 1979, the portion to be served by renewable energy sources shall be not
less than five per cent of total planned new floor area. For each succeeding state facilities
plan submitted after December 1, 1979, the portion of the total planned floor area of
any additional newly constructed state buildings or buildings constructed specifically
for use by the state to be served by renewable energy sources shall be increased by at
least five per cent per year until a goal of fifty per cent of total planned floor area of
any additional newly constructed state buildings or buildings constructed specifically
for use by the state is reached. For any facility served by renewable energy sources in
accordance with this subsection, not less than thirty per cent of the total energy requirements of any specific energy application, including, but not limited to, space heating or
cooling and providing domestic hot water, shall be provided by renewable energy
sources. The installation in newly constructed state buildings or buildings constructed
specifically for use by the state of systems using renewable energy sources in accordance
with this subsection, shall be subject to the life-cycle cost analysis provided for in section
16a-38. (2) The state shall fulfill the obligations imposed by subdivision (1) of this
section unless such action would cause an undue economic hardship to the state.
(n) The recommended state facility plan shall include policies for:
(1) The encouragement of the acquisition, transfer and utilization of space in suitable buildings of historic, architectural or cultural significance, unless use of such space
would not prove feasible and prudent compared with available alternatives;
(2) The encouragement of the location of commercial, cultural, educational and
recreational facilities and activities within public buildings;
(3) The provision and maintenance of space, facilities and activities to the extent
practicable, which encourage public access to and stimulate public pedestrian traffic
around, into and through public buildings, permitting cooperative improvements to and
uses of the areas between the building and the street, so that such activities complement
and supplement commercial, cultural, educational and recreational resources in the
neighborhood of public buildings;
(4) The encouragement of the public use of public buildings for cultural, educational
and recreational activities;
(5) The encouragement of the ownership or leasing of modern buildings to replace
obsolete facilities, achieve cost and energy efficiencies, maximize delivery of services
to the public, preserve existing infrastructure and provide a comfortable and space-
efficient work environment; and
(6) The encouragement of the establishment of child day care facilities and child
development centers including provisions for (A) full-day and year-round programs for
children of working parents, (B) opportunities for parents to choose among accredited
public or private programs, (C) open enrollment for children in child day care and school
readiness programs, and (D) incentives for the colocation and service integration of
child day care programs and school readiness programs pursuant to section 4b-31.
(o) Not later than January 1, 1988, the Commissioner of Public Works shall adopt
regulations, in consultation with the Secretary of the Office of Policy and Management
and the State Properties Review Board, and in accordance with the provisions of chapter
54, setting forth the procedures which the Department of Public Works and such office
and board shall follow in carrying out their responsibilities concerning state leasing of
offices, space or other facilities. Such regulations shall specify, for each step in the
leasing process at which an approval is needed in order to proceed to the next step, what
information shall be required, who shall provide the information and the criteria for
granting the approval. Notwithstanding any other provision of the general statutes, such
regulations shall provide that: (1) The Commissioner of Public Works shall (A) review
all lease requests included in, and scheduled to begin during, the first year of each
approved state-wide facility and capital plan and (B) provide the Secretary of the Office
of Policy and Management with an estimate of the gross cost and total square footage
need for each lease, (2) the secretary shall approve a gross cost and a total square footage
for each such lease and transmit each decision to the requesting agency, the commissioner and the State Properties Review Board, (3) the commissioner shall submit to the
secretary, for approval, only negotiated lease requests which exceed such approved cost,
or which exceed such approved square footage by at least ten per cent, and (4) the
secretary shall approve or disapprove any such lease request not more than ten working
days after he receives the request. If the secretary fails to act on the request during such
period, the request shall be deemed to have been approved and shall be forwarded to
the board.
(P.A. 75-425, S. 2, 57; P.A. 76-253, S. 2, 6; P.A. 77-479, S. 1, 2, 3; 77-614, S. 82, 610; P.A. 79-239, S. 3−7; 79-450,
S. 7, 8; 79-462, S. 1; 79-496, S. 3, 5; 79-558, S. 1, 2; 79-607, S. 2, 3; 79-631, S. 22, 111; P.A. 80-483, S. 173, 186; P.A.
81-376, S. 5, 11; P.A. 82-446, S. 2, 4; P.A. 84-489, S. 1, 5; P.A. 86-93, S. 1, 2; P.A. 87-496, S. 21, 110; 87-570, S. 1, 5;
87-589, S. 73, 87; P.A. 88-28, S. 6, 8; 88-343, S. 2, 32; P.A. 89-294, S. 1, 3; P.A. 91-124, S. 2; 91-174, S. 15, 16; P.A. 93-
30, S. 3, 14; June Sp. Sess. P.A. 93-1, S. 5, 6, 45; P.A. 96-235, S. 10, 19; P.A. 97-247, S. 3, 27; 97-259, S. 18, 41; June 5
Sp. Sess. P.A. 97-1, S. 5, 6, 20; P.A. 98-235, S. 6; P.A. 99-75, S. 1; 99-241, S. 47, 66; P.A. 00-66, S. 13.)
History: P.A. 76-253 enacted deadline for property review board's decision under Subsec. (b) and made provision for
deadline extension, under Subsec. (e) the act made contracts subject to property review board's approval; P.A. 77-479
deleted provision regarding bonding procedures from Subsec. (d) and added Subsec. (f); P.A. 77-614 deleted former Subsec.
(a) and inserted new subsec. requiring plans to be submitted to secretary of office of policy and management, created new
Subsecs. (b), (c) and (d) (former Subsecs. (b) to (d), inclusive became Subsecs. (e) to (g), inclusive, (f), ignored by act,
became (h) and former (h) became (i)) and added Subsecs. (i) and (j) which actually became (j) and (k) in the process
duties formerly performed by public works commissioner were divided between the secretary of the office of policy and
management and the commissioner of administrative services; P.A. 79-239 added provisions regarding colocation of
agencies; P.A. 79-450 grouped architects, landscape architects, professional engineers and surveyors as "design professionals" and imposed deadline for approving or disapproving selection or contract of design professional in Subsec. (i); P.A.
79-462 added Subsec. (l); P.A. 79-496 required studies under Subsec. (e) to contain life-cycle cost analysis; P.A. 79-558
changed submission date of plans from September 1 to August 1, 1978, required secretary to prepare state-wide plan and
changed projections from three to five years in Subsec. (a), removed plan provision from Subsec. (b), excluded certain
leases from facility and capital plan and made provision for emergency acquisitions in Subsec. (j); P.A. 79-607 required
capital development impact statements under provisions of Subsecs. (a) and (j); P.A. 79-631 and P.A. 80-483 made technical
changes; P.A. 81-376 added provision in Subsec. (a) requiring secretary to review retrofit measures and include in plan
those best attaining energy performance standards; P.A. 82-446 amended Subsec. (i) by requiring the state properties review
board to approve the selection of and contract with any design professional made by the commissioner of transportation; P.A.
84-489 added Subsec. (m) requiring inclusion of policies re cooperative use and historic preservation of state buildings;
P.A. 86-93 amended Subsec. (c) to change the following dates: Presentation to properties review board from January first
to December fifteenth; submission of properties review board recommendations to the secretary of the office of policy
and management from February fifteenth to January fifteenth, and presentation to the general assembly from March fifteenth
to the same time as the budget and amended Subsec. (k) to include the state bond commission; P.A. 87-496 replaced
administrative services commissioner with public works commissioner; P.A. 87-570 amended Subsec. (j) to prohibit any
action by state to lease facilities or real estate not included in plan unless secretary makes determination under Subsec. (j)
and added Subsec. (n) re adoption of regulations re procedures for department, office and board to follow in carrying out
their leasing responsibilities; P.A. 87-589 made technical change; P.A. 88-28 inserted a new Subsec. (j) re approval or
disapproval by properties review board of leasing of residential property by mental retardation commissioner, relettering
former Subsecs. (j) to (n) accordingly; P.A. 88-343 amended Subsec. (k) (formerly (j)) to remove the governor and state
bond commission from the approval process; Sec. 4-26b transferred to Sec. 4b-23 in 1989; P.A. 89-294 substantially
revised Subsec. (a) by defining "facility", requiring secretary of office of policy and management to establish guidelines
further defining such term, requiring agencies and departments to notify said secretary of types of needed facilities and
municipalities or general location for such facilities, requiring planning for facility needs to be based on program plans
and said secretary to establish guidelines and schedule for such plans, established requirements for contents of facility
plans, requiring said secretary and commissioner of public works to assist agencies and departments, requiring agencies
and departments to submit plan and related project requests by September first instead of August first and changing name
of plan, amended Subsec. (b) by specifying criteria for review of plans and requests, amended Subsec. (c) by deleting
requirement that commissioner of public works also present plan to properties review board, requiring plan to include all
leases and capital projects and requiring said secretary to establish guidelines defining "capital projects" and to submit
plan to general assembly by March first instead of to governor, amended Subsec. (d) by requiring plan to be used as advisory
document for leasing and related capital projects, amended Subsec. (k) by adding information that agency or department
is required to provide in case of previously submitted or new requests and deleting provision that a request for additional
facilities or real estate may be approved by commissioner of public works, amended Subsec. (l) by requiring commissioner
of public works to monitor amount of leased space being requested and to advise said secretary and governor when space
to be leased exceeds square footage amount or cost levels in facility plan, amended Subsec. (m) by applying Subsec. to
"Plans to construct, renovate or modify state-owned or occupied buildings" instead of to annual proposed state-wide facility
and capital plans beginning with plan due on December 1, 1979, and added Subdivs. (5) and (6) to Subsec. (n), setting
forth additional policies to be included in plan; P.A. 91-124 in Subsec. (i) deleted the requirement that the properties review
board approve action by the commissioner of transportation re capital improvements; P.A. 91-174 added Subsec. (p)
concerning the leasing of real estate for the University of Connecticut Health Center; P.A. 93-30 made a technical change
in Subsec. (k), effective July 1, 1993; June Sp. Sess. P.A. 93-1 amended Subsecs. (a), (b) and (c) to change submittal of
facilities report from an annual report to a report due each even-numbered year and amended Subsec. (k) to delete reference
to annual reports, effective July 1, 1993; (Revisor's note: In 1997 the Revisors editorially changed a reference in Subsec.
(a) from "preparing programs plans, ..." to "preparing program plans, ..." thereby correcting a clerical error in June Sp.
Sess. P.A. 93-1, S. 5); P.A. 96-235 amended Subsec. (i) by substituting "consultant" for "design professional", effective
June 6, 1996; P.A. 97-247 deleted Subsec. (p) re approval of leases of The University of Connecticut Health Center by the
Properties Review Board, effective July 1, 1997; P.A. 97-259 amended Subdiv. (6) of Subsec. (n) to delete specification
that the child day care facilities be for the children of state employees, added child development centers and Subparas. (A)
to (D), inclusive, effective July 1, 1997; June 5 Sp. Sess. P.A. 97-1 amended Subsec. (a) to require capital development
impact statement and colocation statement, and amended Subsec. (k) to require statement of degree and capital impact
statement, only at discretion of secretary, effective July 31, 1997; P.A. 98-235 amended Subsec. (i) by adding definitions
of "project", "consultant" and "consultant services"; P.A. 99-75 amended definition of "project" in Subsec. (i)(1) by
substituting "fifty thousand dollars" for "twenty-five thousand dollars" and "five hundred thousand dollars" for "two
hundred fifty thousand dollars" and adding Subpara. (B)(ii) re cost of consultant services contract, including amendments,
exceeding twenty thousand dollars; P.A. 99-241 amended Subsec. (i) to add exception for downtown Hartford higher
education center, effective June 28, 1999; P.A. 00-66 made a technical change in Subsec. (i).
See Sec. 16a-38(d) re achievement of energy performance goals.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 91-375, S. 1, 3; P.A. 95-38, S. 8.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) (A) Compile and maintain comprehensive and complete inventories of all the
improved and unimproved real estate available to the state by virtue of ownership or
lease. The actual mechanical compilation of such inventories may be handled, at the
request of the commissioner, by the Secretary of the Office of Policy and Management;
provided such compilation shall be available to the Commissioner of Public Works at
all times. Such inventory shall be used by the commissioner as the primary source for
meeting state needs, and shall be shared with the review board and with the Secretary
of the Office of Policy and Management; (B) prepare an annual inventory of improved
and unimproved real estate which is owned by the state and which is unused or underutilized and study and make recommendations concerning the reuse or disposition of such
real estate; (C) identify in the inventories required under subparagraphs (A) and (B),
existing buildings that (i) are of historic, architectural or cultural significance, including
buildings listed or eligible to be listed in the national register established under the
National Historic Preservation Act of 1966, 80 Stat. 915 (1966), 16 USC 470a and (ii)
would be suitable, whether or not in need of repair, alteration or addition, to meet the
public building needs of the state or to meet the needs of the public in accordance with
the provisions of subsection (m) of section 4b-23.
(2) Whenever realty uses designed uniquely for state use and for periods over five
years are concerned, the commissioner shall, whenever practicable, attempt to purchase,
lease-purchase or construct on state-owned land. In such cases leases shall be used only
when other possibilities have been eliminated as not feasible, in the opinion of the
commissioner.
(3) Whenever the commissioner has established specific plans and specifications
for new construction on state land or new construction for sale to the state: (A) If it
appears to the commissioner that the cost of the project shall be less than five hundred
thousand dollars, contracts shall be made, where practicable, through a process of sealed
bidding as provided in section 4b-91 relating to projects in excess of five hundred thousand dollars; (B) if it appears to the commissioner that the space needs of the requesting
agency are less than five thousand square feet, the commissioner shall, whenever practicable, carry on advertising, in accordance with the provisions of section 4b-34 relating
to projects in excess of five thousand square feet, in order to allow an equal opportunity
for third parties to do business with the state without regard to political affiliation,
political contributions or relationships with persons in state, federal or local governmental positions.
(4) The commissioner may designate projects to be accomplished on a total cost
basis for (A) new facilities to provide for the substantial space needs of a requesting
agency, or (B) the installation of mechanical or electrical equipment systems in existing
state facilities. If the commissioner designates a project as a designated total cost basis
project, the commissioner may enter into a single contract with a private developer
which includes such project elements as site acquisition, if applicable, architectural
design and construction. All contracts for such designated projects shall be based on
competitive proposals received by the commissioner, who shall give notice of such
project, and specifications therefor, by advertising, at least once, in a newspaper having
a substantial circulation in the area in which such project is to be located. The commissioner shall determine all other requirements and conditions for such proposals and
awards and shall have sole responsibility for all other aspects of such contracts. If applicable, such contracts shall state clearly the responsibilities of the developer to deliver
a completed and acceptable facility on a date certain, the maximum cost of the project
and, as a separate item, the cost of site acquisition. No such contract may be entered
into by the commissioner without the prior approval of the State Properties Review
Board and unless funding has been authorized pursuant to the general statutes or a public
or special act.
(5) Whenever a bid is made to the commissioner for any purpose regarding the use
of land or whenever any person proposes to sell or lease land to the state, the bidder or
such person shall be the owner of the land, or the commissioner shall have the option
to void any contract subsequently made with said bidder or third person.
(6) In all dealings with the commissioner the owner of record or beneficial owner
shall be disclosed to the commissioner and the bid shall be revealed to the owner of
record or beneficial owner or the commissioner shall have the option to void any contract
subsequently made concerning any such dealing.
(7) After the authorization of a project under the provisions of section 4b-23, the
public auditors of the state and the auditors or accountants of the Commissioner of
Public Works shall have the right to audit the books of any contractor employed by
the commissioner pursuant to such authorization, or of any party negotiating with the
commissioner for the acquisition of land by lease or otherwise; provided, however, that
any such audit shall be limited to the project authorized by the commissioner and the
Properties Review Board, and provided further that in the case of a party negotiating
with the commissioner, such audit may also be conducted after the negotiations have
ended, if a contract is consummated with the commissioner.
(P.A. 75-425, S. 3, 57; P.A. 77-614, S. 19, 73, 610; P.A. 83-7; P.A. 84-489, S. 2, 5; P.A. 85-301, S. 8, 13; P.A. 86-251,
S. 1, 2; P.A. 87-496, S. 22, 110; P.A. 98-235, S. 3; P.A. 99-75, S. 2.)
History: P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and
control and commissioner of administrative services for public works commissioner; P.A. 83-7 replaced alphabetic Subdiv.
indicators with numeric Subdiv. indicators and required the commissioner to prepare an annual inventory of improved,
unimproved and underutilized land owned by the state; P.A. 84-489 added requirement that commissioner identify buildings
of historic, architectural or cultural significance that would be suitable for state needs; P.A. 85-301 excluded the legislative
department from the commissioner's authority and made technical changes; P.A. 86-251 inserted new Subdiv. (4) concerning total cost basis projects, renumbering prior provisions as necessary; P.A. 87-496 replaced administrative services
commissioner with public works commissioner; Sec. 4-26c transferred to Sec. 4b-24 in 1989; (Revisor's note: In 1997,
the words "the Office of" were added editorially by the Revisors in a Subdiv. (1) reference to the Secretary of the Office
of Policy and Management for consistency with customary statutory usage); P.A. 98-235 amended Subdiv. (4) to authorize
commissioner to designate total cost basis projects for installation of mechanical or electrical systems in existing state
facilities; P.A. 99-75 amended Subdiv. (3)(A) by substituting "five hundred thousand dollars" for both references to "two
hundred fifty thousand dollars".
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(1967, P.A. 763; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 26, 110.)
History: P.A. 77-614 replaced public works department and commissioner with department and commissioner of administrative services; P.A. 87-496 replaced administrative services commissioner and department with public works commissioner and department; Sec. 4-126b transferred to Sec. 4b-25 in 1989.
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(b) The Attorney General shall be responsible for determining the legal sufficiency
of all contracts and leases, both as to substance and to form, and said Attorney General
shall enforce all terms of all agreements, including, but not limited to, the obligations
of all landlords to meet the terms of leases.
(c) In any lease containing a tax escalation clause, there shall be a provision that
the state shall be relieved of all liability for increased taxes unless the landlord shall
notify the commissioner of any pending increase in sufficient time to permit the state,
on behalf of the landlord, to contest such increase if the commissioner determines it to
be appropriate.
(d) The Attorney General shall determine when to take any such appeal and shall
be responsible for perfecting and prosecuting such appeal.
(P.A. 75-425, S. 4, 57.)
History: Sec. 4-26d transferred to Sec. 4b-26 in 1989.
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(P.A. 75-425, S. 9, 57; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 24, 110.)
History: P.A. 77-614 substituted commissioner of administrative services for public works commissioner; P.A. 87-496
replaced administrative services commissioner with public works commissioner; Sec. 4-26i transferred to Sec. 4b-27
in 1989.
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(b) Each state agency, commission or department, except the Department of Transportation, that plans to construct or enlarge a building or underground utility facility,
which project has an estimated cost of one hundred thousand dollars or more, shall give
written notice to the chief executive officer of the town, city or borough in which such
project is planned, and to the members of the General Assembly representing such town,
city or borough, not later than sixty days before advertising for bids for such project. If
a state agency, commission or department plans to do such construction or enlargement
itself, it shall give such notice not later than sixty days before beginning the work.
Notwithstanding the provisions of this subsection, if the executive authority of the
agency, commission or department determines that an emergency exists or that compliance with the provisions of this subsection would increase the cost of the construction
or enlargement project, such agency, commission or department shall give such notice
as soon as practicable. As used in this section, "executive authority" shall be construed
as defined in section 4-37e. The provisions of this section shall not apply to a community-
based residential facility for mentally retarded or mentally ill individuals.
(P.A. 75-78; 75-567, S. 38, 80; P.A. 91-375, S. 2, 3; P.A. 93-82.)
History: P.A. 75-567 required notification "not less than" sixty days before change takes effect rather than "within"
sixty days as originally stated; Sec. 4-36a transferred to Sec. 4b-28 in 1989; P.A. 91-375 added Subsec. (b) re notice to
municipality of agency plans to construct or enlarge certain buildings or underground utility facilities; P.A. 93-82 amended
Subsec. (a) to require notification of municipal clerks and extend the time for notice to a municipality of the change in use
of state property from sixty to one hundred twenty days and to provide that the chief executive officer or legislative body
of a municipality may request an informational meeting on the change.
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(P.A. 76-309, S. 1, 2; P.A. 77-614, S. 73, 610; P.A. 84-436, S. 6, 12; P.A. 87-496, S. 36, 110.)
History: P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-436
excluded the judicial department from among the agencies which the commissioner may assign to and remove from real
estate available to the state, and added a definition of "judicial department," effective July 1, 1985; P.A. 87-496 replaced
administrative services commissioner with public works commissioner; Sec. 4-133a transferred to Sec. 4b-29 in 1989.
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(b) The Commissioner of Public Works shall have the primary responsibility for
ensuring that the lessor of the offices, space or other facilities which are covered by
each such lease complies with the provisions of the lease. In carrying out such responsibility the commissioner shall inspect such offices, space and other facilities at least once
annually.
(1949 Rev., S. 201; March, 1950, S. 69d; 1971, P.A. 572, S. 1; P.A. 73-214, S. 1; P.A. 75-425, S. 22, 57; P.A. 77-573,
S. 24, 30; 77-614, S. 73, 610; P.A. 80-220; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; 84-436, S. 4, 12; P.A. 85-301, S.
11−13; P.A. 87-496, S. 30, 110; 87-570, S. 3, 5; 87-589, S. 74, 87; P.A. 88-117, S. 2, 5; P.A. 91-230, S. 7, 17; June 18 Sp.
Sess. P.A. 97-11, S. 31, 65; P.A. 99-75, S. 3.)
History: 1971 act clarified leasing procedure and required approval of commissioner of finance and control as well as
of attorney general and approval of boards of trustees of institutions involved and of commission for higher education if
higher education institution involved; P.A. 73-214 established public works commissioner as sole leasing authority and
required him to expedite leases for emergency and short term needs; P.A. 75-425 omitted requirement for approval by
attorney general and finance and control commissioner; P.A. 77-573 replaced commission for higher education with board
of higher education; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A.
80-220 specified that leases exceeding one thousand dollars a year involving higher education institutions require approval
of board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board's title; P.A.
84-436 excluded the judicial department from the agencies for which the commissioner assigns office space and provides
necessary accommodations in state-owned facilities, included the judicial department, the division of criminal justice and
the public defender services commission among the agencies for which the commissioner executes leases, and defined
"judicial department," effective July 1, 1985; P.A. 85-301 excluded the legislative department from the agencies for which
the commissioner assigns office space and provides necessary accommodations in state-owned facilities; P.A. 87-496
substituted public works commissioner for administrative services commissioner; P.A. 87-570 designated existing section
as Subsec. (a) and added Subsec. (b) requiring commissioner of administrative services to have primary responsibility for
ensuring that lessor complies with lease provisions; P.A. 87-589 made technical changes, replacing administrative services
commissioner and department with public works commissioner and department as needed to comply with P.A. 87-496;
P.A. 88-117 in Subsec. (a) substituted "constituent units of the state system" for "institutions"; Sec. 4-128 transferred to
Sec. 4b-30 in 1989; P.A. 91-230 amended Subsec. (a) to delete provision requiring that leases exceeding one thousand
dollars per year which concern constituent units of higher education system be approved by board of governors; June 18
Sp. Sess. P.A. 97-11 amended Subsec. (b) by repealing prohibition on Public Works Department lease negotiator being
assigned commissioner's duties under this section, effective July 1, 1997; P.A. 99-75 amended Subsec. (b) by repealing
provision requiring commissioner to submit annual report to State Properties Review Board re lease inspections.
Annotations to former section 4-128:
Wording of statute does not explicitly or by necessary implication waive defense of governmental immunity in action
on a lease. 35 CS 180, 182, 185, 186.
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