Connecticut Seal

House Bill No. 6003

May 9 Special Session, Public Act No. 02-3

AN ACT CONCERNING 21ST CENTURY UCONN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (10) of subsection (a) of section 10a-109d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(10) To borrow money and issue securities to finance the acquisition, construction, reconstruction, improvement or equipping of any one project, or more than one, or any combination of projects, or to refund securities issued after June 7, 1995, or to refund any such refunding securities or for any one, or more than one, or all of those purposes, or any combination of those purposes, and to provide for the security and payment of those securities and for the rights of the holders of them, except that the amount of any such borrowing, the special debt service requirements for which are secured by the state debt service commitment, exclusive of the amount of borrowing to refund securities, or to fund issuance costs or necessary reserves, may not exceed the aggregate principal amount of (A) [nine hundred eighty million dollars and (B)] for the fiscal years ending June 30, 1996, to June 30, 2005, inclusive, one billion thirty million dollars, (B) for the fiscal years ending June 30, 2006, to June 30, 2015, inclusive, one billion two hundred fifty million dollars, and (C) such additional amount or amounts: (i) Required from time to time to fund any special capital reserve fund or other debt service reserve fund in accordance with the financing transaction proceedings, and (ii) to pay or provide for the costs of issuance and capitalized interest, if any; the aggregate amounts of subparagraphs [(A) and (B)] (A), (B) and (C) of this subdivision are established as the authorized funding amount, and no borrowing within the authorized funding amount for a project or projects may be effected unless the project or projects are included in accordance with subsection (a) of section 10a-109e, as amended by this act.

Sec. 2. Subsection (a) of section 10a-109e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) The university may administer, manage, schedule, finance, further design and construct UConn 2000, to operate and maintain the components thereof in a prudent and economical manner and to reserve for and make renewals and replacements thereof when appropriate, it being hereby determined and found to be in the best interest of the state and the university to provide this independent authority to the university along with providing assured revenues therefor as the efficient and cost effective course to achieve the objective of avoiding further decline in the physical infrastructure of the university and to renew, modernize, enhance and maintain such infrastructure, the particular project or projects, each being hereby approved as a project of UConn 2000, and the presently estimated cost thereof being as follows:

 

UConn 2000 Project

Phase I

Fiscal Years

1996-1999

Phase II

Fiscal Years

2000-2005

Phase III

Fiscal Years

2005-2015

         
 

Agricultural Biotechnology

     
 

Facility

9,400,000

   
         
 

Agricultural Biotechnology

     
 

Facility Completion

 

10,000,000

 
         
 

Alumni Quadrant

     
 

Renovations

 

14,338,000

 
         
 

Arjona and Monteith

     
 

(new classroom buildings)

   

66,100,000

         
 

Avery Point Campus

     
 

Undergraduate and

     
 

Library Building

   

35,000,000

         
 

Avery Point Marine

     
 

Science Research Center -

     
 

Phase I

34,000,000

   
         
 

Avery Point Marine

     
 

Science Research Center -

     
 

Phase II

 

16, 682,000

 
         
 

Avery Point Renovation

 

5,600,000

 
         
 

Babbidge Library

0

   
         
 

Balancing Contingency

 

5,506,834

 
         
 

Beach Hall Renovations

[994,000]

 

10,000,000

         
 

[Beach Hall Renovation]

     
 

[Completion]

 

[7,758,000]

 
         
 

[Benton State Art Museum]

     
 

[Addition]

[3,665,000]

   
         
 

Benton State Art Museum

     
 

[Completion] Addition

 

1,400,000

3,000,000

         
 

Biobehavioral Complex

     
 

Replacement

   

4,000,000

         
 

Bishop Renovation

   

8,000,000

         
 

Budds Building

     
 

Renovation

 

2,805,000

 
         
 

Business School

     
 

Renovation

 

4,803,000

 
         
 

Chemistry Building

53,700,000

   
         
 

Commissary Warehouse

   

1,000,000

         
 

Deferred Maintenance/

     
 

Code/ADA Renovation

     
 

Lump Sum

39,332,000

 

215,000,000

         
 

Deferred Maintenance &

     
 

Renovation Lump Sum

     
 

Balance

 

104,668,000

 
         
 

East Campus North

     
 

Renovations

 

11,820,000

 
         
 

Engineering Building

     
 

(with Environmental

     
 

Research Institute)

   

42,700,000

         
 

Equine Center

 

1,000,000

 
         
 

Equipment, Library

     
 

Collections &

     
 

Telecommunications

60,500,000

 

200,000,000

         
 

Equipment, Library

     
 

Collections &

     
 

Telecommunications

     
 

Completion

 

182,118,146

 
         
 

Family Studies (DRM)

     
 

Renovation

   

6,500,000

         
 

Farm Buildings Repairs/

     
 

Replacement

   

6,000,000

         
 

Fine Arts Phase II

   

20,000,000

         
 

Floriculture Greenhouse

   

3,000,000

         
 

Gant Building Renovations

   

40,000,000

         
 

Gant Plaza Deck

 

0

 
         
 

Gentry Completion

   

10,000,000

         
 

Gentry Renovation

 

9,299,000

 
         
 

Grad Dorm Renovations

 

7,548,000

 
         
 

Gulley Hall Renovation

 

1,416,000

 
         
 

Hartford Relocation

     
 

Acquisition/Renovation

 

56,762,020

 
         
 

Hartford Relocation Design

1,500,000

   
         
 

Hartford Relocation

     
 

Feasibility Study

500,000

   
         
 

Heating Plant Upgrade

10,000,000

   
         
 

Hilltop Dormitory New

 

30,000,000

 
         
 

Hilltop Dormitory

     
 

Renovations

 

3,141,000

 
         
 

Ice Rink Enclosure

2,616,000

   
         
 

Incubator Facilities

   

10,000,000

         
 

International House

     
 

Conversion

 

800,000

 
         
 

Intramural, Recreational

     
 

and Intercollegiate Facilities

   

31,000,000

         
 

Jorgensen Renovation

   

7,200,000

         
 

Koons Hall Renovation/

     
 

Addition

   

7,000,000

         
 

Lakeside Renovation

   

3,800,000

         
 

Law School Renovations/

     
 

Improvements

   

15,000,000

         
 

Library Storage Facility

   

5,000,000

         
 

Litchfield Agricultural

     
 

Center- Phase I

1,000,000

   
         
 

Litchfield Agricultural

     
 

Center-Phase II

 

700,000

 
         
 

[Manchester & DRM Hall]

     
 

[Renovation]

 

[7,472,000]

 
         
 

Manchester Hall

     
 

Renovation

   

6,000,000

         
 

Mansfield Apartments

     
 

Renovation

2,612,000

   
         
 

Mansfield Training School

     
 

Improvements

 

27,614,000

29,000,000

         
 

[Monteith Renovation]

 

[8,234,000]

 
         
 

Natural History Museum

     
 

Completion

   

4,900,000

         
 

North Campus Renovation

2,654,000

   
         
 

North Campus Renovation

     
 

Completion

 

21,049,000

 
         
 

North Hillside Road

     
 

Completion

   

11,500,000

         
 

North Superblock Site

     
 

and Utilities

8,000,000

   
         
 

Northwest Quadrant

     
 

Renovation

2,001,000

   
         
 

Northwest Quadrant

     
 

Renovation

 

15,874,000

 
         
 

Observatory

   

1,000,000

         
 

Parking Garage #3

   

15,000,000

         
 

Parking Garage - North

10,000,000

   
         
 

Parking Garage - South

 

15,000,000

 
         
 

Pedestrian Spinepath

 

2,556,000

 
         
 

Pedestrian Walkways

 

3,233,000

 
         
 

Psychology Building

     
 

Renovation/Addition

   

20,000,000

         
 

Residential Life Facilities

   

90,000,000

         
 

Roadways

 

10,000,000

 
         
 

School of Business

20,000,000

   
         
 

School of Pharmacy/Biology

3,856,000

   
         
 

School of Pharmacy/Biology

 

[37,594,000]

 
 

Completion

 

61,058,000

 
         
 

Shippee/Buckley

     
 

Renovations

 

6,156,000

 
         
 

Social Science K Building

 

20,964,000

 
         
 

South Campus Complex

13,127,000

   
         
 

Stamford Campus

     
 

Improvements

   

3,000,000

         
 

Stamford Downtown

[41,000,000]

   
 

Relocation-Phase I

45,659,000

   
         
 

Stamford Downtown

     
 

Relocation-Phase II

 

17,392,000

 
         
 

Storrs Hall Addition

   

4,300,000

         
 

Student Health Services

   

12,000,000

         
 

Student Union Addition

 

23,000,000

 
         
 

Support Facility

     
 

(Architectural and

     
 

Engineering Services)

   

2,000,000

         
 

Technology Quadrant-

     
 

Phase 1A

38,000,000

   
         
 

Technology Quadrant-

     
 

Phase IB

 

16,611,000

 
         
 

Technology Quadrant-

     
 

Phase II

 

72,000,000

 
         
 

Technology Quadrant-

     
 

Phase III

 

15,000,000

 
         
 

Torrey Life Science

     
 

Renovation

 

17,000,000

 
         
 

Torrey Renovation

     
 

Completion and Biology

     
 

Expansion

   

48,000,000

         
 

Torrington Campus

     
 

Improvements

   

1,000,000

         
 

Towers Renovation

 

17,794,000

 
         
 

UConn Products Store

   

1,000,000

         
 

Undergraduate Education

     
 

Center

650,000

   
         
 

Undergraduate Education

     
 

Center

 

7,450,000

 
         
 

Underground Steam &

     
 

Water Upgrade

3,500,000

   
         
 

Underground Steam &

     
 

Water Upgrade

     
 

Completion

 

9,000,000

 
         
 

University Programs

     
 

Building - Phase I

8,750,000

   
         
 

University Programs

     
 

Building - Phase II

     
 

Visitors Center

 

300,000

 
         
 

Waring Building Conversion

7,888,000

   
         
 

Waterbury Downtown

     
 

Campus

   

3,000,000

         
 

Waterbury Property

     
 

Purchase

325,000

   
         
 

West Campus Renovations

 

14,897,000

 
         
 

West Hartford Campus

     
 

Renovations/

     
 

Improvements

   

25,000,000

         
 

White Building Renovation

2,430,000

   
         
 

Wilbur Cross Building

     
 

Renovation

 

3,645,000

 
         
 

Young Building Renovation

     
 

/Addition

   

17,000,000

         
 

HEALTH CENTER

     
         
 

CLAC Renovation

     
 

Biosafety Level 3 Lab

   

14,000,000

         
 

Deferred Maintenance/

     
 

Code/ADA Renovation

     
 

Sum - Health Center

   

50,000,000

         
 

Dental School Renovation

   

5,000,000

         
 

Equipment, Library

     
 

Collections and

     
 

Telecommunications -

     
 

Health Center

   

75,000,000

         
 

Library/Student Computer

     
 

Center Renovation

   

5,000,000

         
 

Main Building Renovation

   

75,000,000

         
 

Medical School Academic

     
 

Building Renovation

   

9,000,000

         
 

Parking Garage - Health

     
 

Center

   

8,400,000

         
 

Research Tower

   

60,000,000

         
 

Support Building Addition/

     
 

Renovation

   

4,000,000

         
 

Total - Storrs and Regional

     
 

Campus Project List

   

1,043,000,000

         
 

Total - Health Center

     
 

Project List

   

305,400,000

         
 

TOTAL

382,000,000

868,000,000

1,348,400,000

Sec. 3. Subsection (a) of section 10a-109f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) The university may, when directed by vote of its board of trustees and subject to the limitations in the authorized funding amount, borrow money and enter into financing transactions proceedings in anticipation of assured revenues or project revenues in the name of the university, on behalf of the state, and issue securities in connection with such proceedings, as follows: (1) To finance the cost of UConn 2000 or any one project thereof, or more than one, or any combination of projects thereof; [(2) to finance any temporary cash flow deficit or temporary operating deficit that the board of trustees anticipate will be fully paid with the proceeds of assured revenues or the proceeds of securities dedicated to that purpose; (3)] (2) to refund securities issued pursuant to sections 10a-109a to 10a-109y, inclusive, as amended by this act; [(4)] and (3) to refund any such refunding borrowings. All securities issued in connection with assured revenues or project revenues financing transaction proceedings entered into pursuant to this section shall be authorized by a resolution approved by not less than a majority vote of its board of trustees.

Sec. 4. Subdivision (1) of subsection (a) of section 10a-109g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) (1) The university is authorized to provide by resolution, at one time or from time to time, for the issuance and sale of securities, in its own name on behalf of the state, pursuant to section 10a-109f, as amended by this act. The board of trustees of the university is hereby authorized by such resolution to delegate to its finance committee such matters as it may determine appropriate other than the authorization and maximum amount of the securities to be issued, the nature of the obligation of the securities as established pursuant to subsection (c) of this section and the projects for which the proceeds are to be used. The finance committee may act on such matters unless and until the board of trustees elects to reassume the same. The amount of securities the special debt service requirements which are secured by the state debt service commitment that the board of trustees is authorized to provide for the issuance and sale in accordance with this subsection shall be capped in each fiscal year in the following amounts provided, to the extent the board of trustees does not provide for the issuance of all or a portion of such amount in a fiscal year, all or such portion, as the case may be, may be carried forward to any succeeding fiscal year and provided further, the actual amount for funding, paying or providing for the items described in subparagraph [(B)] (C) of subdivision (10) of subsection (a) of section 10a-109d, as amended by this act, may be added to the capped amount in each fiscal year:

 

Fiscal Year

Amount

 

1996

$ 112,542,000

 

1997

112,001,000

 

1998

93,146,000

 

1999

64,311,000

 

2000

130,000,000

 

2001

100,000,000

 

2002

100,000,000

 

2003

100,000,000

 

2004

100,000,000

 

[2005

50,000,000]

 

2005

100,000,000

 

2006

79,000,000

 

2007

89,000,000

 

2008

120,000,000

 

2009

155,000,000

 

2010

160,500,000

 

2011

161,500,000

 

2012

138,100,000

 

2013

129,500,000

 

2014

126,500,000

 

2015

90,900,000

Sec. 5. Subsection (c) of section 10a-109g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(c) Securities issued by the university may be issued under an indenture of trust or bond resolution, shall be general obligations of the university, for which its full faith and credit shall be pledged, payable out of any revenues or other assets, receipts, funds or moneys of the university and may be additionally secured by a pledge of revenues to be derived from the operation of a project, by assured revenues and by other assets other than a mortgage, subject only to any agreements with the holders of particular securities pledging any particular assets, revenues, receipts, funds or moneys, unless the university shall otherwise expressly provide by the indenture or resolution that such securities shall be special obligations of the university payable solely from any revenues or other assets, including project revenues, such assured revenues that may be restricted by the terms of receipt thereof to a particular project or projects to be financed by such special obligations subject only to any agreements with the holders of particular securities pledging any particular assets, revenues, receipts, funds or moneys. The form of the master resolution or indenture for securities, the special debt service requirements for which, are secured by the state debt service commitment and containing the state covenant pursuant to section 10a-109u shall be approved by the State Bond Commission prior to the first issue of such securities and any substantive amendment thereof shall also be approved by the State Bond Commission. At such time as the master resolution or indenture is submitted to the State Bond Commission the university shall file with the State Bond Commission the list of projects to be financed by securities secured by the state debt service commitment for the second phase of UConn 2000. The form of the master resolution or indenture for securities for the third phase of UConn 2000, the special debt requirements for which are secured by the state debt service commitment and containing the state covenant pursuant to section 10a-109u, shall be approved by the State Bond Commission prior to the first issue of such securities and any substantive amendment thereof shall also be approved by the State Bond Commission. At such time as the master resolution or indenture for the third phase of UConn 2000 is submitted to the State Bond Commission, the university shall file with the State Bond Commission the list of projects to be financed by securities secured by the state debt service commitment for the third phase of UConn 2000.

Sec. 6. Subsection (g) of section 10a-109g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(g) The proceeds of the securities of [each] any issue shall be used solely for the purpose or purposes [for which such securities shall have been authorized] identified in the master indenture, and shall be disbursed in such manner and under such restrictions, if any, as the university may provide in the resolution authorizing the issuance of such securities or in the indenture or resolution securing the same. The university shall not lease or finance or lease-finance any land or building outside the Storrs campus through any other state agency or quasi-public agency other than those leases, financings or lease purchases in the ordinary course of its activities and provided the annual expenditure thereof during the period of agreements related thereto whether expressed as rent, debt service, lease purchase payments or the like does not exceed for each item which is the subject matter of the lease, finance or lease-finance agreement, fifty thousand dollars in any year and such limitation shall apply so long as the university is authorized in accordance with subsection (a) of this section to issue securities under sections 10a-109a to 10a-109y, inclusive, as amended by this act. The resolution providing for the issuance of securities, and any indenture or resolution securing such securities, may contain such limitations upon the issuance of additional securities as the university may deem proper, and such additional securities shall be issued under such restrictions and limitations as may be prescribed by such indenture or resolution provided, no such resolution or indenture shall include a covenant committing the university to the issuance of additional securities secured by a pledge of the state debt service commitment. The university may provide for the replacement of any securities which become mutilated, or are destroyed, stolen or lost. Securities may be issued under sections 10a-109a to 10a-109y, inclusive, as amended by this act, without obtaining the consent of any department, division, commission, board, bureau, or agency of the state and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by sections 10a-109a to 10a-109y, inclusive, as amended by this act.

Sec. 7. Section 10a-109n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

[(a) At the request of the university, filed with the Commissioner of Public Works, the university may assume, and thereafter]

(a) Notwithstanding any provision of chapter 59 or 60, for the period from July 1, 2001, to June 30, 2015, the university shall, have charge and supervision of the design, planning, acquisition, remodeling, alteration, repair, enlargement, demolition of any real asset or any other project [, which is authorized and underway as of June 7, 1995] on its campuses.

(b) (1) The university shall cause to be prepared, proposed construction standards for all projects. The proposed standards shall, subject to applicable law, include, among other things, provisions relating to the quality and type of materials to be used, provisions for safety, fire protection, health and sanitation, provisions for the installation of fixtures, furnishings, equipment, machinery and apparatus, and construction features.

(2) Pursuant to such construction standards in effect at such time, the university shall cause to be prepared, within the costs available therefor, the detailed plans and specifications for each project. The university may from time to time modify, or authorize modifications to, such detailed plans and specifications, provided the plans and specifications as so modified shall comply with the construction standards, if any, adopted pursuant to sections 10a-109a to 10a-109y, inclusive, and in effect at the time of the modifications, and the provisions of section 10a-109e, as amended by this act, are complied with.

(3) The university shall identify the scope of work and hire, and contract with persons with the necessary experience and capability to perform such scope of work.

(4) The university may contract with a design professional for the design of any project, with a general contractor for the construction of any project; and with one or more prime trade contractors with respect to such construction work if the university determines that to do so will be in the public interest of the state.

(c) (1) Any construction contract to which the university is a party may include a provision that the design professional who designed the project, or an architect or professional engineer or construction manager retained or employed specifically for the purpose of supervision, may supervise the work to be performed through to completion and ensure that the materials furnished and the work performed are in accordance with the drawings, plans, specifications and contracts therefor.

(2) With respect to any construction contract that is to be publicly let, the university shall identify a list of potentially responsible qualified bidders for the particular contract. Thereafter, the university shall give notice to those on the list of the work required and of the invitation to prequalify. The invitation to prequalify shall contain such information as the university shall deem appropriate and a statement of the time and place where the responses shall be received. Upon receipt of such responses, the university shall select each bidder which has shown itself able to post surety bonds required by such contract and has demonstrated that it possesses the financial, managerial and technical ability and the integrity necessary and without conflict of interest for faithful and efficient performance of the work provided for therein. The university shall evaluate whether a bidder is responsible and qualified based on its experience with projects similar to that for which the bid is to be submitted and based on objective written criteria and included in the request for prequalification with respect to such contract. The university shall also consider whether a bidder, and any subcontractor on the bidder's previous projects, has been in compliance with the provisions of part III of chapter 557 and chapter 558 during the previous five calendar years.

(3) The university shall thereafter give notice to those so prequalified of the time and place where the public letting shall occur and shall include in such notice such information of the work required as appropriate. Each bid shall be kept sealed until opened publicly at the time and place as set forth in the notice soliciting such bid. The university shall not award any construction contract after public letting, except to the responsible qualified bidder, submitting the lowest bid in compliance with the bid requirements. The university may, however, waive any informality in a bid, and may either reject all bids and again advertise for bids or interview at least three responsible qualified bidders and negotiate and enter into with any one of such bidders that construction contract which is both fair and reasonable to the university.

(4) The invitation to bid and the construction contract awarded by the university shall contain such other terms and conditions, and such provisions for penalties as the university may deem appropriate.

(5) No payments shall be made by the university on account of any contract for the project awarded by or for the university until the bills or estimates presented for such payment shall have been duly certified to be correct by the university. No payments shall be made from any other fund on account of any contract for any project awarded by or for the university until the bills or estimates presented for such payment shall have been duly certified to be correct by the university.

(6) Provision shall be made in each contract to the effect that payment is limited to the amount provided therein and that no liability of the university or state shall and may be incurred beyond such amount.

(7) The university shall require, for the protection of the state and the university, such deposits, bonds and security in connection with the submission of bids, the award of construction contracts and the performance of work as the university shall determine to be appropriate and in the public interest of the state.

(8) Any contract awarded by the university shall be a contract with the state acting through the university.

(d) For the purposes of part III of chapter 557, a project undertaken by the university shall be deemed to be a state public works project and consist of public buildings.

(e) (1) Notwithstanding any provision of the general statutes, [to the contrary,] any license, permit, and approval required or permitted to be issued and any administrative action required or permitted to be taken pursuant to the general statutes in connection with any project by the university shall be issued or taken upon application to the particular commissioner or commissioners having jurisdiction over such license, permit, approval or other administrative action or such other state official as such commissioner shall designate. As used in this section, the term commissioner shall mean commissioners if more than one commissioner has jurisdiction over the subject matter and their designee, if any. No agency, commission, council, committee, panel or other body whatsoever other than such commissioner shall have jurisdiction over or cognizance of any licenses, permits, approvals or administrative actions concerning any project and no notice of any tentative determination or any final determination regarding any such license, permit, approval or administrative action and no notice of any such license, permit, approval or administrative action shall be required except as expressly provided pursuant to this subsection. For purposes of sections 10a-109a to 10a-109y, inclusive, as amended by this act, a capital project is a state facility and accordingly, no ordinance, law or regulation promulgated by or any authority granted to any municipality or any other political subdivision of the state shall apply to a capital project. The State Properties Review Board shall have jurisdiction over any project in the same manner as provided in chapter 60 for a priority higher education facility project. Such commissioner may issue licenses and permits, give such approval and take such administrative action as shall be necessary or desirable.

(2) All applications, supporting documentation and other records submitted to the commissioner and pertaining to any application for any license, permit, approval or other administrative action, together with all records of the proceedings of the commissioner relating to any license, permit, approval or administrative action shall be a public record and shall be made, maintained and disclosed in accordance with the Freedom of Information Act, as defined in section 1-200, as amended.

(3) All applications for licenses, permits, approvals and other administrative action required by any applicable provision of the general statutes shall be submitted to the commissioner as provided in subdivision (1) of this subsection. [The commissioner shall adopt a master process to consider multiple licenses, permits, approvals and administrative actions to the extent practicable. Each license or permit shall be issued, approval shall be granted and administrative action shall be taken not later than ten business days after the date of submission of any application for such license, permit, approval or administrative action to the commissioner. Each application for a license or permit shall be deemed to have been issued, approval shall be deemed to have been granted and administrative action shall be deemed to have been taken as requested unless such application has been denied, or conditionally issued prior to the close of business on the tenth business day after either the date of submission of such application, or a hearing is held on such application pursuant to this section. ]

(4) (A) Any hearing regarding all or any part of any project, provided for by this section, shall be conducted by the particular commissioner having jurisdiction over the applicable license, permit, approval or other administrative action. Legal notice of such hearing shall be published in a newspaper having general circulation in an area which includes the municipality in which the particular part of such project is proposed to be built or is being built not more than ten nor less than five days in advance of such hearing.

(B) In rendering any decision in connection with any project, the commissioner shall weigh all competent material and substantial evidence presented by the applicant and the public in accordance with the applicable statute. The commissioner shall issue written findings and determinations upon which its decision is based. Such findings and determinations shall consist of evidence presented including such matters as the commissioner deems appropriate, provided such matters, to the extent applicable to the particular permit, shall include the nature of any major adverse health and environmental impact of any project. The commissioner may reverse or modify any order or action at any time on the commissioner's own motion. The procedure for such reversal or modification shall be the same as the procedure for the original proceeding.

(C) Any administrative action taken by any commissioner in connection with any project may be appealed by an aggrieved party to the superior court for the judicial district of New Britain in accordance with the provisions of section 4-183, except as otherwise provided in sections 10a-109a to 10a-109y, inclusive, as amended by this act. Such appeal shall be brought within ten days of the date of mailing to the parties to the proceeding of a notice of such order, decision or action by certified mail, return receipt requested, and the appellant shall serve a copy of the appeal on each party listed in the final decision at the address shown in such decision. Failure to make such service within such ten days on parties other then the commissioner who rendered the final decision may not, in the discretion of the court, deprive the court of jurisdiction over such appeal. Within ten days after the service of such appeal, or within such further time as may be allowed by the court, the commissioner which rendered such decision shall cause any portion of the record that had not been transcribed to be transcribed and shall cause either the original or a certified copy of the entire record of the proceeding appealed from to be transmitted to the reviewing court. Such record shall include the commissioner's findings of fact and conclusions of law, separately stated. If more than one commissioner has jurisdiction over the matter, such commissioners shall issue joint findings of fact and conclusions of law. Such appeal shall state the reasons upon which it is predicated and, notwithstanding any provisions of the general statutes to the contrary, shall not stay the development of any project. The commissioner which rendered such decision shall appear as the respondent. Such appeals to the superior court shall each be privileged matters and shall be heard as soon after the return date as practicable. A court shall render its decision not later than twenty-one days after the date that the entire record, with the transcript, is filed with the court by the commissioner who rendered the decision.

(D) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence presented on a question of fact. The court shall affirm the decision of the commissioner unless the court finds that substantial rights of the party appealing such decision have been materially prejudiced because the findings, inferences, conclusions or decisions of the commissioner are: (i) In violation of constitutional or statutory provisions, (ii) in excess of the statutory authority of the commissioner, (iii) made upon unlawful procedure, (iv) affected by an error of law, (v) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, or (vi) arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(E) If the court finds material prejudice, it may sustain the appeal. Upon sustaining an appeal, the court may render a judgment which modifies the decision of the commissioner, orders particular action of the commissioner or orders the commissioner to take such action as may be necessary to effect a particular action and the commissioner may issue a permit consistent with such judgment. Notwithstanding the foregoing, an applicant may file an amended application and the commissioner may, pursuant to the procedures set forth in sections 10a-109a to 10a-109y, inclusive, consider an amended application for an order, permit or other administrative action following court action.

(F) Notwithstanding the provisions of section 3-125, in consultation with the Attorney General, the university is authorized and may use the legal services of any private attorney, in connection with the construction, operation and maintenance of any project. The board of trustees shall determine the effective and efficient method or methods of legal services to accomplish the construction, operation and maintenance of all projects, taking into account the capacity, cost and expense of private counsel for such services and the capacity and direct and indirect cost and expense of and identified by the Attorney General for such services.

(f) On or before December thirty-first and June thirtieth of each year, the university shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding. Such report shall include the following information: (1) The names and addresses of contractors and subcontractors performing repair, addition, alteration and new construction on the university's campuses in the previous six calendar months, (2) the extent to which such contractors and subcontractors have been in compliance with the provisions of part III of chapter 557 and the provisions of chapter 558, and (3) any actions taken by the university to cooperate with the Labor Department in the enforcement of said provisions.

Sec. 8. Section 10a-109x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) Not later than October 1, 1995, and semiannually thereafter, the university shall report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the Department of Education, to finance, revenue and bonding, and to appropriations and the budgets of state agencies on the status and progress of UConn 2000. Each report shall include, but not be limited to: (1) Information on the number of projects and securities authorized, approved and issued hereunder including, relative to such projects, project costs, timeliness of completion and any problems which have developed in implementation, and a schedule of projects remaining and their expected costs; (2) the amount of revenue available from all sources for such remaining projects and expected receipts for such remaining projects for the succeeding four quarters; (3) the amount of money raised from private sources for the capital and endowment programs and the progress made in the development and implementation of the fund-raising program; and (4) any cooperative activities with other public and independent institutions of higher education commenced in the preceding six months. Each such report shall, for the preceding six-month period, (A) specify the moneys credited to such fund on account of, or derived from, each source of state and federal revenue, (B) specify the amount of investment earnings from the fund, (C) specify the moneys from such fund applied and expended for (i) the payment of debt service requirements, (ii) the payment of the principal of and interest on securities issued hereunder and general obligation bonds of the state issued for university capital improvement purposes, and (iii) each budgeted account under the annual budget appropriation made to the university.

(b) Commencing January 1, 2000, the first semiannual report in each year submitted in accordance with subsection [(b)] (a) of this section shall include such information as requested by the bonding subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, including but not limited to: (1) The use of bond funds in the current fiscal year, (2) projected use of bond funds for the next succeeding fiscal year, (3) an updated master plan for the balance of the project, and (4) the use of Connecticut-owned businesses, including businesses owned by women and minorities. In the event that said bonding subcommittee determines that there has been a significant change in the economic circumstances of the state sufficient to warrant recommendations for modification of the program, the subcommittee may make recommendations for appropriate action to said committee.

Sec. 9. Section 10a-109y of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

On January 15, [1999] 2006, and January 15, 2011, the university shall submit to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance, revenue and bonding, a [four-year] five-year UConn 2000 performance review report detailing for each project undertaken to date under the program the progress made and the actual expenditures compared to original estimated costs. In addition, the report shall include a summary of programs, services and facilities which the university coordinates with other public and independent institutions of higher education. Not later than sixty calendar days after receipt of said report, such joint committees shall consider the report and determine whether there has been insufficient progress in implementation of UConn 2000 or whether there has been significant cost increases over original estimates as a result of actions taken by the university. If so, the committees may make recommendations for appropriate action to the university and to the General Assembly.

Sec. 10. Section 16a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) The continuing legislative committee on state planning and development shall within thirty-five days of the convening of the next regularly scheduled session of the General Assembly and after public hearing submit the plan with its recommendation for approval or disapproval to the General Assembly. The plan shall become effective when adopted by the General Assembly as the plan of conservation and development for the state.

(b) In the event that the General Assembly disapproves the plan in whole or in part the plan shall be deemed to be rejected and shall be returned to the committee for appropriate action.

(c) Any project included in the first or second phase of UConn 2000, as defined in subdivision (25) of section 10a-109c, shall constitute part of the state plan of conservation and development approved by the General Assembly.

Sec. 11. Section 16a-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) The following actions when undertaken by any state agency, with state or federal funds, shall be consistent with the plan:

(1) The acquisition of real property when the acquisition costs are in excess of one hundred thousand dollars;

(2) The development or improvement of real property when the development costs are in excess of one hundred thousand dollars;

(3) The acquisition of public transportation equipment or facilities when the acquisition costs are in excess of one hundred thousand dollars; and

(4) The authorization of each state grant, any application for which is not pending on July 1, 1991, for an amount in excess of one hundred thousand dollars, for the acquisition or development or improvement of real property or for the acquisition of public transportation equipment or facilities.

(b) A state agency shall request, and the secretary shall provide, an advisory statement commenting on the extent to which any of the actions specified in subsection (a) of this section conforms to the plan and any agency may request and the secretary shall provide such other advisory reports as the state agency deems advisable.

(c) The secretary shall submit and the State Bond Commission shall consider prior to the allocation of any bond funds for any of the actions specified in subsection (a) an advisory statement commenting on the extent to which such action is in conformity with the plan of conservation and development.

(d) Notwithstanding subsection (b) of this section, The University of Connecticut shall request, and the secretary shall provide, an advisory statement commenting on the extent the projects included in the third phase of UConn 2000, as defined in subdivision (25) of section 10a-109c, conform to the plan and the university may request and the secretary shall provide such other advisory reports as the university deems advisable. Notwithstanding subsection (c) of this section, the secretary shall submit and the State Bond Commission shall consider prior to the approval of the master resolution or indenture for securities for the third phase of UConn 2000, pursuant to subsection (c) of section 10a-109g, as amended by this act, the advisory statement prepared under this subsection.

[(d)] (e) Whenever a state agency is required by state or federal law to prepare a plan, it shall consider the state plan of conservation and development in the preparation of such plan. A draft of such plan shall be submitted to the secretary who shall provide for the preparer of the plan an advisory report commenting on the extent to which the proposed plan conforms to the state plan of conservation and development.

Sec. 12. (Effective July 1, 2002) Section 34 of public act 01-173 is repealed.

Approved August 26, 2002