AN ACT CONCERNING THE TRANSFER OF FUNCTIONS FROM THE DEPARTMENTS OF PUBLIC WORKS, INFORMATION TECHNOLOGY, PUBLIC SAFETY AND EDUCATION AND THE JUDICIAL SELECTION COMMISSION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND ESTABLISHING THE DEPARTMENT OF CONSTRUCTION SERVICES.

Connecticut Seal

General Assembly	*File No. 434*
*January Session, 2011*	Substitute Senate Bill No. 1010

Senate, April 7, 2011

The Committee on Government Administration and Elections reported through SEN. SLOSSBERG of the 14th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

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

Section 1. Subsection (k) of section 51-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(k) [The commission may employ such staff as is necessary for the performance of its functions and duties] The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority. Said department shall provide staff support for the commission.

Sec. 2. (NEW) (Effective July 1, 2011) (a) The Department of Administrative Services shall assume all responsibilities of the Department of Public Works pursuant to any provision of the general statutes, except those duties relating to construction and construction management. The transfer of functions, personnel, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Department of Public Works, as said department existed immediately prior to July 1, 2011, and the Department of Administrative Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(b) Any order or regulation of the Department of Public Works, which is in force on July 1, 2011, provided such order or regulation does not concern construction or the maintenance of state buildings or property, shall continue in force and effect as an order or regulation of the Department of Administrative Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

Sec. 3. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Administrative Services" shall be substituted for "Commissioner of Public Works" or "Public Works Commissioner", and (2) "Department of Administrative Services" shall be substituted for "Department of Public Works", in the following sections of the general statutes: 1-205, 1-210, 2-71h, 3-15b, 4b-2, 4b-4, 4b-21, 4b-23, 4b-24a, 4b-25, 4b-27, 4b-29, 4b-30, 4b-30a, 4b-33, 4b-34, 4b-35, 4b-46, 8-37y, 10a-89, 10a-150, 13a-80i, 13b-42, 13b-55, 16a-38h, 17b-655, 17b-739, 18-31b, 20-68, 20-311b, 20-503, 22a-324, 31-250, 32-228, 32-656, 45a-80, 46a-29, 51-27a, 51-27c, 51-27d, 51-51k and 51-279.

Sec. 4. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Construction Services, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, [Commissioner of Public Works,] Commissioner of Veterans' Affairs, [Chief Information Officer,] the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind, the executive director of the Connecticut Commission on Culture and Tourism, and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.

Sec. 5. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Management and Homeland Security, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Public Safety, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, [Department of Public Works] Department of Construction Services and Department of Public Utility Control.

Sec. 6. Subsection (b) of section 4a-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(b) Notwithstanding the provisions of subsection (a) of this section, the [Commissioners] Commissioner of Administrative Services [and Public Works] may, for a period of one year from the date such contract would otherwise expire, extend any contract in effect on May 1, 2005, with a value of fifty thousand dollars or more per year, to perform any of the following services for the state: Janitorial, building maintenance, security and food and beverage. Any such extension shall include any applicable increase in the standard wage and the payroll burden to administer the standard wage, as established by the Labor Department.

Sec. 7. Subsection (b) of section 4a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(b) The committee may request any agency of the state authorized to award public works contracts or to enter into purchase of goods or services contracts to submit such information on compliance with sections 4a-60 and 4a-60g and at such times as the committee may require. The committee shall consult with the Departments of [Public Works] Administrative Services, Transportation and Economic Development and the Commission on Human Rights and Opportunities concerning compliance with the state programs for minority business enterprises. The committee shall report annually on or before February first to the Joint Standing Committee on Legislative Management on the results of its ongoing study and include its recommendations, if any, for legislation.

Sec. 8. Subsections (k) and (l) of section 4a-100 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(k) (1) Any substantial evidence of fraud in obtaining or maintaining prequalification or any materially false statement in the application, update statement or update bid statement may, in the discretion of the awarding authority, result in termination of any contract awarded the contractor by the awarding authority. The awarding authority shall provide written notice to the commissioner of such false statement not later than thirty days after discovering such false statement. The commissioner shall provide written notice of such false statement to the Commissioner of [Public Works] Construction Services, the Commissioner of Consumer Protection and the President of The University of Connecticut not later than thirty days after discovering such false statement or receiving such notice.

(2) The commissioner shall deny or revoke the prequalification of any contractor or substantial subcontractor if the commissioner finds that the contractor or substantial subcontractor, or a principal or key personnel of such contractor or substantial contractor, within the past five years (A) has included any materially false statement in a prequalification application, update statement or update bid statement, (B) has been convicted of, entered a plea of guilty or nolo contendere for, or admitted to, a crime related to the procurement or performance of any public or private construction contract, or (C) has otherwise engaged in fraud in obtaining or maintaining prequalification. Any revocation made pursuant to this subsection shall be made only after an opportunity for a hearing. Any contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subsection shall be disqualified for a period of two years after which the contractor or substantial subcontractor may reapply for prequalification, except that a contractor or substantial subcontractor whose prequalification has been revoked on the basis of conviction of a crime or engaging in fraud shall be disqualified for a period of five years after which the contractor or substantial subcontractor may reapply for prequalification. The commissioner shall not prequalify a contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subdivision until the expiration of said two-year, five-year, or other applicable disqualification period and the commissioner is satisfied that the matters that gave rise to the revocation have been eliminated or remedied.

(l) The commissioner shall provide written notice of any revocation, disqualification, reduction in classification or capacity rating or reinstated prequalification to the Commissioner of [Public Works] Construction Services, the Commissioner of Consumer Protection and the President of The University of Connecticut not later than thirty days after any final determination.

Sec. 9. Section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(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.

(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.

(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of [Public Works] Administrative Services 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] and the Commissioner of Construction Services shall be the sole person authorized to represent the state in its dealings with third parties for the construction or development of real estate or state-owned public buildings or realty as provided for in sections 2-90, 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, as amended by this act, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72, as amended by this act, 10a-89, 10a-90, as amended by this act, 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 (1) 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; (2) the Chief Court Administrator may represent the state in providing for space for the Court Support Services Division as part of a new or existing contract for an alternative incarceration program pursuant to section 54-103b or a program developed pursuant to section 46b-121i, 46b-121j, 46b-121k or 46b-121l; (3) 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; (4) 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; (5) the Commissioner of Developmental Services 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 (6) the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing 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 the Connecticut Marketing Authority for a term of one year or more in which cases the actions of the Department of Transportation and the Connecticut Marketing Authority shall be subject to the review and approval of the State Properties Review Board. The Commissioner of [Public Works] Administrative Services shall have the power to establish and implement any procedures necessary for the commissioner to assume the commissioner's responsibilities as said sole bargaining agent for state realty acquisitions and shall perform the duties necessary to carry out such procedures. The Commissioner of [Public Works] Administrative Services or Construction Services may appoint, within [the commissioner's] each department's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the commissioner 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] Commissioner of Administrative Services, shall assist the commissioner in contract negotiations regarding the purchase [,] or lease [or construction] of real estate.

(e) The State Properties Review Board shall be within the Department of Administrative Services and shall have independent decision-making authority.

(f) The State Properties Review Board shall review real estate acquisitions, sales, leases and subleases proposed by the Commissioner of [Public Works] Administrative Services, 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, as amended by this act, and subsection (h) of section 13a-73 and review, for approval or disapproval, any contract for a project described in subsection (h) of section 4b-91. 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] Administrative Services 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] Administrative Services 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. The board shall hear any appeal under section 8-273a and shall render a final decision on the appeal within thirty days thereafter. The written decision of the board shall be a final decision for the purposes of sections 4-180 and 4-183.

Sec. 10. Subsection (a) of section 4b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(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] Administrative Services, 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.

Sec. 11. Subsection (a) of section 4b-136 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There is established a State-Wide Security Management Council. The council shall consist of the Commissioner of Public Safety, the Commissioner of Administrative Services, the Commissioner of Mental Health and Addiction Services, the Commissioner of [Public Works] Construction Services, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Chief Court Administrator, an attorney appointed by the Commissioner of [Public Works] Construction Services, the executive director of the Joint Committee on Legislative Management, a representative of the Governor, a representative of the State Employees Bargaining Agent Coalition and the president of the Connecticut State Police Union or the president's designee. The Commissioner of [Public Works] Construction Services shall serve as chairperson of the council. Each council member shall provide technical assistance in the member's area of expertise, as required by the council.

Sec. 12. Subsection (a) of section 4d-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There is established a Geospatial Information Systems Council consisting of the following members, or their designees: (1) The Secretary of the Office of Policy and Management; (2) the Commissioners of Environmental Protection, Economic and Community Development, Transportation, Public Safety, Public Health, [Public Works] Construction Services, Agriculture, Emergency Management and Homeland Security and Social Services; (3) [the Chief Information Officer of the Department of Information Technology; (4)] the Chancellor of the Connecticut State University System; [(5)] (4) the president of The University of Connecticut; [(6)] (5) the Executive Director of the Connecticut Siting Council; [(7)] (6) one member who is a user of geospatial information systems appointed by the president pro tempore of the Senate representing a municipality with a population of more than sixty thousand; [(8)] (7) one member who is a user of geospatial information systems appointed by the minority leader of the Senate representing a regional planning agency; [(9)] (8) one member who is a user of geospatial information systems appointed by the Governor representing a municipality with a population of less than sixty thousand but more than thirty thousand; [(10)] (9) one member who is a user of geospatial information systems appointed by the speaker of the House of Representatives representing a municipality with a population of less than thirty thousand; [(11)] (10) one member appointed by the minority leader of the House of Representatives who is a user of geospatial information systems; [(12)] (11) the chairperson of the Public Utilities Control Authority; [(13)] (12) the Adjutant General of the Military Department; and [(14)] (13) any other persons the council deems necessary appointed by the council. The Governor shall select the chairperson from among the members. The chairperson shall administer the affairs of the council. Vacancies shall be filled by appointment by the authority making the appointment. Members shall receive no compensation for their services on said council, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Said council shall hold one meeting each calendar quarter and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairperson or by any three members upon delivery of forty-eight hours written notice to each member.

Sec. 13. Section 4e-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

There is established a Contracting Standards Advisory Council, which shall consist of representatives from the Office of Policy and Management, Departments of Administrative Services, Transportation [, Public Works and Information Technology] and Construction Services and representatives of at least three additional contracting agencies, including at least one human services related state agency, designated by the Governor. The Chief Procurement Officer shall be a member of the council and serve as chairperson. The advisory council shall meet at least four times per year to discuss state procurement issues and to make recommendations for improvement of the procurement processes to the State Contracting Standards Board. The advisory council may conduct studies, research and analyses and make reports and recommendations with respect to subjects or matters within the jurisdiction of the State Contracting Standards Board.

Sec. 14. Subsection (d) of section 10-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(d) If the Department of Administrative Services or the Department of [Public Works] Construction Services makes a state contract available for use by towns or regional school districts, a town or regional school district may use such contract, provided the actual estimate for the school building project under the state contract is not given until receipt by the town or regional school district of approval of the plan pursuant to this section.

Sec. 15. Subsection (b) of section 16a-35c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(b) The Secretary of the Office of Policy and Management, in consultation with the Commissioners of Economic and Community Development, Environmental Protection, [Public Works] Administrative Services, Agriculture, Transportation, the chairman of the Transportation Strategy Board, the regional planning agencies in the state and any other persons or entities the secretary deems necessary shall develop recommendations for delineation of the boundaries of priority funding areas in the state and for revisions thereafter. In making such recommendations the secretary shall consider areas designated as regional centers, growth areas, neighborhood conservation areas and rural community centers on the state plan of conservation and development, redevelopment areas, distressed municipalities, as defined in section 32-9p; targeted investment communities, as defined in section 32-222; public investment communities, as defined in section 7-545, enterprise zones, designated by the Commissioner of Economic and Community Development under section 32-70, corridor management areas identified in the state plan of conservation and development and the principles of the Transportation Strategy Board approved under section 13b-57h. The secretary shall submit the recommendations to the Continuing Legislative Committee on State Planning and Development established pursuant to section 4-60d for review when the state plan of conservation and development is submitted to such committee in accordance with section 16a-29. The committee shall report its recommendations to the General Assembly at the time said state plan is submitted to the General Assembly under section 16a-30. The boundaries shall become effective upon approval of the General Assembly.

Sec. 16. Section 22a-26a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The Department of Environmental Protection, in consultation with the Departments of Transportation and [Public Works] Construction Services, The University of Connecticut and other state agencies with jurisdiction over state-owned properties, shall identify state-owned properties which provide public access to the waters of Long Island Sound and, in addition, identify other properties which the state may acquire to provide public access to the waters of Long Island Sound. The properties to be identified shall include highway easements, bridge crossings, university-owned lands, railroad rights-of-way and other coastal or riverfront properties owned or controlled by the state or by others. State-owned properties which are used for non-water-dependent activities shall be assessed for reclassification to public water-dependent use or shared use. The department shall submit a report of its findings to the joint standing committee of the General Assembly having cognizance of matters concerning the environment on or before October 1, 1992, and the Comptroller shall cause such findings to be added to and made a part of the inventory of state property required pursuant to the provisions of section 4-36.

Sec. 17. Subsection (b) of section 22a-354i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(b) In adopting such regulations, the commissioner shall consider the guidelines for aquifer protection areas recommended in the report prepared pursuant to special act 87-63, as amended, and shall avoid duplication and inconsistency with other state or federal laws and regulations affecting aquifers. The regulations shall be developed in consultation with an advisory committee appointed by the commissioner. The advisory committee shall include the Commissioners of [Public Works] Construction Services and Public Health and the chairperson of the Public Utilities Control Authority, or their designees, members of the public, and representatives of businesses affected by the regulations, agriculture, environmental groups, municipal officers and water companies.

Sec. 18. Subsection (c) of section 31-57c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(c) The Commissioner of [Public Works] Construction Services may disqualify any contractor, for up to two years, from bidding on, applying for, or participating as a subcontractor under, contracts with the state, acting through any of its departments, commissions or other agencies, except the Department of Administrative Services, the Department of Transportation and the constituent units of the state system of higher education, for one or more causes set forth under subsection (d) of this section. The commissioner may initiate a disqualification proceeding only after consulting with the contract awarding agency, if any, and the Attorney General and shall provide notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing shall be conducted in accordance with the contested case procedures set forth in chapter 54. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the contractor is being disqualified, the period of such disqualification. The existence of a cause for disqualification shall not be the sole factor to be considered in determining whether the contractor shall be disqualified. In determining whether to disqualify a contractor, the commissioner shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The commissioner shall send the decision to the contractor by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.

Sec. 19. Section 31-390 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Labor Commissioner and the Commissioners of Economic and Community Development and [Public Works] Construction Services shall have the right of inspection of any such project at any time.

(b) The Labor Commissioner and the Commissioners of Economic and Community Development and [Public Works] Construction Services and the Secretary of the Office of Policy and Management are authorized to make orders, establish guidelines and adopt regulations under the provisions of chapter 54 with respect to the implementation of this chapter.

(c) At the request of the commissioners, any agency or department of the executive branch shall advise and assist the commissioners in the implementation of this chapter.

Sec. 20. Section 46a-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each state agency, department, board and commission with more than twenty-five full-time employees shall develop and implement [, in cooperation with the Commission on Human Rights and Opportunities,] an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action in all aspects of personnel and administration. [Such plan shall be developed pursuant to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the provisions of sections 4-61u to 4-61w, inclusive, sections 46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive.] Such plan shall describe the efforts of the agency, department, board or commission to provide equal employment opportunities and to comply with all requirements under state and federal nondiscrimination laws, and shall include the race, gender, occupational category and age of all full-time employees of such agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development, filing and implementation of such affirmative action plan. The Metropolitan District of Hartford County shall be deemed to be a state agency for purposes of this section.

(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time [affirmative action] equal employment opportunity officer. If such [affirmative action] equal employment opportunity officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.

[(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to affirmative action officers in plan development and implementation.]

[(3)] (2) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide training concerning state and federal discrimination laws and techniques for conducting investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as [affirmative action] equal employment opportunity officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision [(5)] (4) of this subsection. [Such] On or after October 1, 2011, such training shall be provided for a minimum of [ten] five hours during the first year of service or designation, and a minimum of [five] three hours [per year] every two years thereafter.

[(4)] (3) (A) Each person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer shall (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, (ii) investigate all internal complaints of discrimination made against the state agency, department, board or commission, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action.

(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if [a] an internal discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any [affirmative action] equal employment opportunity officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any affirmative action officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the Department of Administrative Services. If the internal discrimination complaint is made by or against the executive head, any member or the [affirmative action] equal employment opportunity officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the Department of Administrative Services for review and, if appropriate, investigation. If the complaint is by or against the executive head or [affirmative action] equal employment opportunity officer of the Department of Administrative Services, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after July 5, 2007.

[(5)] (4) Each person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision [(6)] (5) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women pursuant to subdivision [(3)] (2) of this subsection.

[(6)] (5) No person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the [affirmative action] equal employment opportunity officer for such agency, department, board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. In the case of a discrimination complaint filed against the Metropolitan District of Hartford County, the Attorney General, or the Attorney General's designee, shall not represent such district before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.

(c) Each state agency, department, board and commission that employs one hundred or more full-time employees shall file an affirmative action plan developed in accordance with subsection (a) of this section, electronically with the [Commission on Human Rights and Opportunities] Department of Administrative Services, semiannually, except that any state agency, department, board or commission which has an affirmative action plan approved by the [commission] department may be permitted to file its plan on an annual basis in a manner prescribed by the [commission and any] department. Any state agency, department, board or commission that employs [twenty or fewer] more than twenty-five but fewer than one hundred full-time employees shall file its affirmative action plan biennially, unless the department disapproves the most recent submission of the plan, in which case the department may require the resubmission of such plan by a time chosen by the department, until the plan is approved. All affirmative action plans shall be on such form and in such manner as the department prescribes.

(d) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans within ninety days of the submission of each plan to the [commission] department. If the [commissioners, by a majority vote of those present and voting, fail] department fails to approve, conditionally approve or disapprove a plan within [that] such period, the plan shall be deemed to be approved. Any plan that is filed more than ninety days after the date such plan is due to be filed shall be deemed disapproved.

(e) The Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall [cooperate with the Commission on Human Rights and Opportunities to] insure that the State Personnel Act and personnel regulations are administered, and that the process of collective bargaining is conducted by all parties in a manner consistent with the affirmative action responsibilities of the state.

(f) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall monitor the activity of such plans within each state agency, department, board and commission and report to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.

[(g) The Commission on Human Rights and Opportunities shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. Such regulations shall include a schedule for semiannual, annual and biennial filing of plans.]

Sec. 21. Section 10a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Board of Governors of Higher Education shall, in consultation with the institutions of the state system of higher education and the constituent unit boards of trustees, develop a strategic plan, consistent with the affirmative action plan submitted to the [Commission on Human Rights and Opportunities] Department of Administrative Services in accordance with section 46a-68, as amended by this act, to ensure that students, faculty, administrators and staff at each institution are representative of the racial and ethnic diversity of the total population of the state. For each institution there shall be an approved plan which shall include goals, programs and timetables for achieving those goals, and a procedure to monitor annually the results of these programs and a procedure to take corrective action if necessary. The Board of Governors of Higher Education shall also develop policies to guide [affirmative action] equal employment opportunity officers and programs in all constituent units and at each institution of public higher education.

(b) The Board of Governors of Higher Education shall report annually to the Governor and General Assembly on the activities undertaken by the board in accordance with subsection (a) of this section. The report shall include institutional goals and plans for attaining such goals, as well as changes in enrollment and employment at the state's institutions of public higher education. If it is determined that an institution has failed to achieve the goals set out pursuant to this section, such institution shall develop a plan of corrective procedures to ensure that such goals are achieved, subject to the approval of the Board of Governors of Higher Education. The Board of Governors of Higher Education may establish a minority advancement program to reward and support efforts by institutions within the state system of higher education towards meeting the goals established in the strategic plan developed pursuant to subsection (a) of this section.

Sec. 22. Subdivision (17) of section 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(17) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section [as part of its affirmative action plan] and to receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and

Sec. 23. Section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68, as amended by this act, or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, make, sign and file with the commission a complaint in writing under oath, which shall state the name and address of the person alleged to have committed the discriminatory practice, and which shall set forth the particulars thereof and contain such other information as may be required by the commission. After the filing of a complaint pursuant to this subsection, the commission shall serve upon the person claiming to be aggrieved a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.

(b) The commission, whenever it has reason to believe that any person has been engaged or is engaged in a discriminatory practice, may issue a complaint, except for a violation of subsection (a) of section 46a-80.

(c) The commission, whenever it has reason to believe that any contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, 4a-60a or 4a-60g, or the provisions of sections 46a-68c to 46a-68f, inclusive, may issue a complaint.

[(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of section 4-61u or 4-61w, sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.]

[(e)] (d) Any employer whose employees, or any of them, refuse or threaten to refuse to comply with the provisions of section 46a-60 or 46a-81c may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.

[(f)] (e) Any complaint filed pursuant to this section must be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person claiming to be aggrieved by a violation of subsection (a) of section 46a-80 must be filed within thirty days of the alleged act of discrimination.

Sec. 24. Section 46a-68a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The [commission] Commissioner of Administrative Services may issue a certificate of noncompliance if the affirmative action plan required by section 46a-68, as amended by this act, is disapproved.

(b) The issuance of a certificate of noncompliance shall bar the agency, department, board or commission in noncompliance with section 46a-68, as amended by this act, from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until: (1) The [commission] Commissioner of Administrative Services determines that the agency has achieved compliance with section 46a-68, as amended by this act, and withdraws the certificate; or (2) the [commission] Commissioner of Administrative Services, at a hearing requested by the agency, department, board or commission receiving the certificate and conducted by a presiding officer appointed by the [chairperson of the commission] commissioner, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or (3) [the Commissioner of Administrative Services and] the Secretary of the Office of Policy and Management [certify] certifies to the [commission] commissioner that the agency in noncompliance with section 46a-68, as amended by this act, requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist jeopardizing the public welfare. A separate certificate of exemption shall be required for each vacancy in a position or position classification with respect to which the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies that an emergency situation exists.

(d) The [commission shall] Commissioner of Administrative Services may adopt regulations in accordance with chapter 54 to implement this section.

Sec. 25. (NEW) (Effective July 1, 2011) (a) The Department of Administrative Services shall assume all responsibilities of the Department of Information Technology pursuant to any provision of the general statutes. The transfer of functions, personnel, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Department of Information Technology, as said department existed immediately prior to July 1, 2011, and the Department of Administrative Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes. The Department of Administrative Services shall constitute a successor and not a new authority.

(b) Wherever the words "Department of Information Technology" are used or referred to in any public or special acts, the words "Department of Administrative Services" shall be substituted in lieu thereof.

(c) Wherever the term "Chief Information Officer" is used or referred to in any public or special acts, the term "Commissioner of Administrative Services" shall be substituted in lieu thereof.

(d) Any order or regulation of the Department of Information Technology, which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Department of Administrative Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

Sec. 26. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Administrative Services" shall be substituted for "Chief Information Officer" and "Chief Information Officer of the Department of Information Technology, and (2) "Department of Administrative Services" shall be substituted for "Department of Information Technology", in the following sections of the general statutes: 1-205, 1-211, 1-212, 1-283, 4d-3, 4d-5, 4d-10, 4d-11, 4d-13, 4d-14, 4d-32, 4d-38, 4d-41, 4d-42, 4d-43, 4d-81a, 4d-82a, 4d-83, 4d-84, 10-5b, 10-10a, 18-81x, 19a-110, 19a-750, 32-6i, 54-105a, 54, 142q, 54-142r and 54-142s.

Sec. 27. Section 4d-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

As used in this chapter, unless the context indicates a different meaning:

(1) "Architecture" means the defined structure or orderly arrangement of information systems and telecommunication systems, based on accepted industry standards and guidelines, for the purpose of maximizing the interconnection and efficiency of such systems and the ability of users to share information resources.

(2) "Information systems" means the combination of data processing hardware and software in the collection, processing and distribution of data to and from interactive computer-based systems to meet informational needs.

(3) "State agency" means each department, board, council, commission, institution or other agency of the Executive Department of the state government, provided each board, council, commission, institution or other agency included by law within any given department shall be deemed a division of that department. The term "state agency" shall include (A) the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller, and (B) all operations of an Executive Department agency which are funded by either the General Fund or a special fund.

(4) "Telecommunication systems" means telephone equipment and transmission facilities, either alone or in combination with information systems, for the electronic distribution of all forms of information, including voice, data and images.

[(5) "Chief Information Officer" means the department head for the Department of Information Technology.]

(5) "Commissioner" means the Commissioner of Administrative Services.

Sec. 28. Section 4d-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There is established the [Department] Division of Information Technology within the Department of Administrative Services. [The Department of Information Technology shall be administered by a Chief Information Officer, who shall be an individual knowledgeable with respect to information and telecommunication systems. The Chief Information Officer shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed in said sections.

(b) The Department of Information Technology shall constitute a successor department to the Office of Information and Technology, in accordance with the provisions of sections 4-38d, 4-38e and 4-39.]

(c) The [Chief Information Officer] Commissioner of Administrative Services shall: (1) [Develop and implement an integrated set of policies and architecture pertaining to information and telecommunication systems for state agencies; (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, and oversight and management of information and telecommunication systems for state agencies; (3) identify] Identify and implement (A) optimal information and telecommunication systems to efficiently service the needs of state agencies, and (B) opportunities for reducing costs for such systems; [(4)] (2) approve or disapprove, in accordance with guidelines established by the [Chief Information Officer] commissioner, each proposed state agency acquisition of hardware or software for an information or telecommunication system, except for (A) hardware or software having a cost of less than twenty thousand dollars, or (B) hardware or software having a cost of twenty thousand dollars or more, but less than one hundred thousand dollars, which is for a project that complies with the agency's business systems plan as approved by the [Chief Information Officer] commissioner; [(5)] (3) approve or disapprove, in accordance with guidelines established by the [Chief Information Officer] commissioner, all state agency requests or proposed contracts for consultants for information and telecommunication systems; [(6)] (4) be responsible for purchasing, leasing and contracting for all information system and telecommunication system facilities, equipment and services for state agencies, in accordance with the provisions of subsection (a) of section 4d-8, except for the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller; [(7)] (5) review existing and new information and telecommunication system technologies to ensure consistency with the strategic plan established under section 4d-7, as amended by this act, and approved state agency architecture and make recommendations to the Standardization Committee established under section 4a-58 for review and appropriate action; [(8)] (6) cooperate with the General Assembly, the Judicial Department and the constituent units of the state system of higher education in assessing opportunities for cost savings and greater sharing of information resources which could result if such entities acquire information and telecommunication systems similar to those of state agencies; [(9)] (7) ensure state-wide implementation of the 9-1-1 and E 9-1-1 systems; and [(10)] (8) report annually, on or before February fifteenth, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and government administration and elections on all technology projects on which the department is working or that the department plans to undertake.

(d) The Department of [Information Technology] Administrative Services shall approve or disapprove a state agency request or proposed contract under subdivision [(4) or (5)] (2) or (3) of subsection (c) of this section no later than seven business days after receipt of the request or proposed contract and any necessary supporting information. If the Department of [Information Technology] Administrative Services does not approve or disapprove the request or proposed contract by the end of such seven-day period, the request or proposed contract shall be deemed to have been approved. The provisions of said subdivision [(5)] (3) shall not apply to telecommunication consultants retained by the Department of Public Utility Control or the Office of Consumer Counsel in connection with telecommunication proceedings of said department.

Sec. 29. Section 4d-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The [Chief Information Officer] Commissioner of Administrative Services shall develop, publish and annually update an information and telecommunication systems strategic plan, in accordance with the policies established by the Office of Policy and Management, which shall have the following goals: (1) To provide a level of voice and data communications service among all state agencies that will ensure the effective and efficient completion of their respective functions; (2) [to establish a direction for the collection, storage, management and use of information by state agencies in an efficient manner; (3) to develop a comprehensive information policy for state agencies that clearly articulates (A) the state's commitment to the sharing of its information resources, (B) the relationship of such resources to library and other information resources in the state, and (C) a philosophy of equal access to information; (4)] to provide all necessary telecommunication services between state agencies and the public; [(5)] (3) to provide, in the event of an emergency, immediate voice and data communications and critical application recovery capabilities which are necessary to support state agency functions; and [(6)] (4) to provide necessary access to higher technology for state agencies.

(b) In order to facilitate the development of a fully integrated state-wide information services and telecommunication system which effectively and efficiently supports data processing and telecommunication requirements of all state agencies, the strategic plan shall include: (1) Establishment of guidelines and standards for the architecture for information and telecommunication systems which support state agencies; (2) plans for a cost-effective state-wide telecommunication network to support state agencies, which network may consist of different types of transmission media, including wire, fiber and radio, and shall be able to support voice, data, video and facsimile transmission requirements and any other form of information exchange which takes place via electromagnetic media; (3) a level of information systems and telecommunication planning for all state agencies and operations throughout the state that will ensure the effective and efficient utilization and access to the state's information and telecommunication resources, including but not limited to, (A) an inventory of existing on-line public access arrangements for state agency data bases which contain information subject to disclosure under the Freedom of Information Act, as defined in section 1-200, (B) a list of data bases for which such access could be provided, including data bases containing consumer, business and health and human services program information, (C) provisions addressing the feasibility and cost of providing such access, (D) provisions for a public-private partnership in providing such on-line access, and (E) provisions to enable citizens to communicate with state agencies by electronic mail; and (4) identification of annual expenditures and major capital commitments for information and telecommunication systems. [; and (5) a direction and policy planning pertaining to the infusion of new technology for such systems for state agencies.] In carrying out the provisions of subparagraphs (A) to (E), inclusive, of subdivision (3) of this subsection, the [Chief Information Officer] Commissioner of Administrative Services shall consult with representatives of business associations, consumer organizations and nonprofit human services providers.

(c) Each state agency shall submit to the [Chief Information Officer] Commissioner of Administrative Services all plans, documents and other information requested by the [Chief Information Officer] commissioner for the development of such plan.

(d) The [Chief Information Officer] Commissioner of Administrative Services shall not implement a state agency proposal for information system hardware, software, maintenance service or consulting unless such proposal complies with the strategic plan and the agency's approved business systems plan. The [Chief Information Officer] commissioner shall maintain a current inventory of information system components to facilitate asset management and procurement leverage.

Sec. 30. Section 4d-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The provisions of title 4a shall apply to the purchasing, leasing and contracting for information system and telecommunication system facilities, equipment and services. [by the Chief Information Officer, except that (1) the Chief Information Officer shall have the powers and duties that are assigned by said title 4a to the Commissioner of Administrative Services and (2) the Chief Information Officer] The Commissioner of Administrative Services may use competitive negotiation, as defined in section 4a-50, to purchase or contract for such facilities, equipment and services after making a written determination, including the reasons therefor, that such action is in the best interest of the state. The [Chief Information Officer] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing objective standards for determining when such competitive negotiation may be used instead of competitive bidding, including whether the character of the facilities, equipment or services is more important than their relative cost.

(b) (1) As used in this subsection, "information technology personal property" includes, but is not limited to, electronic data processing equipment, other equipment necessary for the utilization of information systems, telecommunication equipment or installations, and other equipment necessary for the utilization of telecommunication systems.

(2) Notwithstanding any provision of the general statutes to the contrary, the [Chief Information Officer] Commissioner of Administrative Services may sell, lease or otherwise dispose of information technology personal property. The [Chief Information Officer] commissioner may execute personal service agreements or other contracts with outside vendors for such purposes. If any such information technology personal property was purchased or improved with the proceeds of tax-exempt obligations issued or to be issued by the state, the [Chief Information Officer] commissioner shall notify the State Treasurer and obtain the approval of the State Treasurer, before selling, leasing or disposing of the personal property or executing such an agreement or contract for such purpose. The State Treasurer may disapprove such sale, lease, disposition, agreement or contract only if it would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status.

Sec. 31. Section 4d-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

There shall be a Technical Services Revolving Fund in the Department of [Information Technology] Administrative Services for the purchase, installation and utilization of information systems, as defined in section 4d-1, as amended by this act, for budgeted agencies of the state. The [Chief Information Officer] Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall jointly be responsible for the administration of such fund. Said [officer] commissioner and secretary shall develop appropriate review procedures and accountability standards for such fund and measures for determining the performance of the fund in carrying out the purposes of this part.

Sec. 32. Section 4d-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The [Chief Information Officer] Commissioner of Administrative Services may establish such committees as he deems necessary to advise said [office] commissioner in carrying out the purposes of sections 4d-1 to 4d-5, inclusive, as amended by this act, section 4d-7, as amended by this act, and sections 4d-11 to 4d-14, inclusive, as amended by this act.

(b) There is established an information and telecommunication systems executive steering committee consisting of the [Chief Information Officer] Commissioner of Administrative Services, the Secretary of the Office of Policy and Management, the Comptroller, the Treasurer [, the Commissioner of Administrative Services] and the chairperson of the board of trustees of each constituent unit of the state system of higher education, or their designees. The [Chief Information Officer] Commissioner of Administrative Services, or [his] a designee, shall serve as [chairman] chairperson of the committee. The Department of [Information Technology] Administrative Services shall serve as staff to the committee. The committee shall (1) review and approve or disapprove the annual information and telecommunication systems strategic plan developed under section 4d-7, as amended by this act, state agency estimates of expenditure requirements for information and telecommunication systems established under section 4d-11, as amended by this act, and major telecommunication initiatives, (2) review, in consultation with the Department of [Information Technology] Administrative Services, and approve or disapprove variances to (A) the list of approved architectural components for information and telecommunication systems for state agencies, (B) the strategic plan, and (C) appropriations for information and telecommunication systems, and (3) advise the Department of [Information Technology] Administrative Services on the organization and functions of the department. The committee shall submit a report on each approved variance to the General Assembly. Such report shall include the reasons for the variance and the results of a cost-benefit analysis on the variance.

Sec. 33. Subsection (a) of section 4d-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) No contracts or amendments to contracts for information system or telecommunication system facilities, equipment or services, which are entered into by any state agency (1) pursuant to the request for proposal issued by the Department of Administrative Services dated February 21, 1997, or (2) in the event such request for proposal is withdrawn, suspended or superseded, pursuant to any similar request for proposal issued by the Department of Administrative Services, [or the Department of Information Technology,] shall be effective except as provided in this section and sections 4d-46 and 4d-47.

Sec. 34. Subsection (a) of section 4d-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There is established a Commission for Educational Technology within the Department of [Information Technology] Administrative Services for administrative purposes only. The commission shall consist of: (1) The [Chief Information Officer of the Department of Information Technology] Commissioner of Administrative Services, or the [Chief Information Officer's] commissioner's designee, the Commissioners of Education and Higher Education, or their designees, the State Librarian, or the State Librarian's designee, the chairperson of the Department of Public Utility Control, or the chairperson's designee, the chief executive officers of the constituent units of the state system of higher education, or their designees, (2) one member each representing the Connecticut Conference of Independent Colleges, the Connecticut Association of Boards of Education, the Connecticut Association of Public School Superintendents, the Connecticut Educators Computer Association, and the Connecticut Library Association, (3) a secondary school teacher designated by the Connecticut Education Association and an elementary school teacher designated by the Connecticut Federation of Educational and Professional Employees, and (4) four members who represent business and have expertise in information technology, one each appointed by the Governor, the Lieutenant Governor, the speaker of the House of Representatives and the president pro tempore of the Senate. The Lieutenant Governor shall convene the first meeting of the commission on or before September 1, 2000.

Sec. 35. Subsection (c) of section 4e-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(c) All state agencies in the executive branch, the constituent units of the state system of higher education and quasi-public agencies shall post all bids, requests for proposals and all resulting contracts and agreements on the State Contracting Portal and shall, with the assistance of the Department of Administrative Services [and the Department of Information Technology] as needed, develop the infrastructure and capability to electronically communicate with the State Contracting Portal.

Sec. 36. Subsection (a) of section 10a-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) Notwithstanding the provisions of chapter 58, and sections 4-98, 4a-4, 4a-5, 4a-6, 4d-2, and 4d-5 to the contrary, a chief executive officer may purchase equipment, supplies and contractual services, execute personal service agreements, as defined in section 4-212, or lease personal property compatible, where relevant, with standards for computer architecture established by the Department of [Information Technology] Administrative Services, without the approval of the Comptroller [,] or the Commissioner of Administrative Services, [or the Chief Information Officer,] provided the Chief Executive Officer consults with the [Chief Information Officer] commissioner and such purchases are made in accordance with this section and in accordance with policies which are (1) adopted by the board of trustees of the constituent unit after reasonable opportunity for interested persons to present their views, and (2) subject to section 4-175. For purposes of this section, "chief executive officer" means the chief executive officer of a constituent unit of the state system of higher education or the chief executive officer of an institution within the jurisdiction of such a constituent unit. The provisions of sections 4-212 to 4-219, inclusive, and section 9 of public act 93-336 shall not apply to personal service agreements executed pursuant to this section.

Sec. 37. Section 14-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Commissioner of Motor Vehicles and the [Chief Information Officer of the Department of Information Technology] Commissioner of Administrative Services shall enter into an agreement with one or more federally-designated organ and tissue procurement organizations to provide to such organizations access to the names, dates of birth and other pertinent information of holders of operator's licenses and identity cards issued pursuant to section 1-1h who have registered with the Department of Motor Vehicles an intent to become organ and tissue donors. Such access shall be provided in a manner and form to be determined by the [commissioner and Chief Information Officer] commissioners, following consultation with such organizations, and may include electronic transmission of initial information and periodic updating of information. The [commissioner] Commissioner of Motor Vehicles shall not charge a fee for such access pursuant to section 14-50a, but may charge such organizations reasonable administrative costs. Information provided to such organizations shall be used solely for identifying such license holders as organ and tissue donors.

(b) The Commissioner of Motor Vehicles shall include in regulations adopted pursuant to sections 14-36f and 14-78 a requirement that a description of the purposes and procedures of procurement organizations, as defined in section 19a-289a, be included in driver education programs.

Sec. 38. Section 19a-25e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Department of Public Health and The University of Connecticut Health Center may, within available appropriations, develop a Connecticut Health Information Network plan to securely integrate state health and social services data, consistent with state and federal privacy laws, within and across The University of Connecticut Health Center and the Departments of Public Health, Developmental Services and Children and Families. Data from other state agencies may be integrated into the network as funding permits and as permissible under federal law.

(b) The Department of Public Health and The Center for Public Health and Health Policy at The University of Connecticut Health Center shall collaborate with the Departments of [Information Technology] Administrative Services, Developmental Services, and Children and Families to develop the Connecticut Health Information Network plan.

(c) The plan shall: (1) Include research in and describe existing health and human services data; (2) inventory the various health and human services data aggregation initiatives currently underway; (3) include a framework and options for the implementation of a Connecticut Health Information Network, including query functionality to obtain aggregate data on key health indicators within the state; (4) identify and comply with confidentiality, security and privacy standards; and (5) include a detailed cost estimate for implementation and potential sources of funding.

Sec. 39. (NEW) (Effective July 1, 2011) (a) There is established a Department of Construction Services. The department head shall be the Commissioner of Construction Services, who shall be appointed by the Governor, in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act, with the powers and duties prescribed in said sections.

(b) The Department of Construction Services shall constitute a successor department to the Department of Public Works in accordance with the provisions of section 4-38d of the general statutes with respect to those duties and functions of the Department of Public Works concerning construction or maintenance of state buildings or property pursuant to any provision of the general statutes. The transfer of functions, personnel, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Department of Public Works, as said department existed immediately prior to July 1, 2011, and the Department of Construction Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(c) The Department of Construction Services shall assume all responsibilities of the Department of Education concerning grants for school building projects under chapter 173 of the general statutes. The transfer of functions, personnel, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property concerning such grants, between the State Department of Education and the Department of Construction Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(d) The Department of Construction Services shall constitute a successor department to the Department of Public Safety with respect to the Division of Fire, Emergency and Building Services within the Department of Public Safety. The transfer of functions, personnel, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property concerning said division, between the Department of Public Safety and the Department of Construction Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(e) Any order or regulation of the (1) Department of Education or State Board of Education concerning school construction, (2) Department of Public Works concerning construction or maintenance of state buildings or property, or (3) Department of Public Safety pursuant to chapter 541 of the general statutes, which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Department of Construction Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments or board conflict, the Commissioner of Construction Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

(f) The commissioner may, within available appropriations, employ any other personnel that may be necessary in the performance of the department's functions.

(g) The commissioner may enter into contracts for the furnishing by any person or agency, public or private, of services necessary for the proper execution of the duties of the department. Any such contract that has a cost of three thousand dollars or more shall be subject to the approval of the Attorney General.

(h) The commissioner may perform any other acts that may be necessary and appropriate to carry out the functions of the department as set forth in this section.

Sec. 40. Section 4b-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Commissioner of [Public Works] Construction Services 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; and (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, sale, lease, sublease 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 Pardons and Paroles. 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.]

(b) Notwithstanding any other provision of the general statutes, 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.

Sec. 41. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Construction Services" shall be substituted for "Commissioner of Public Safety", and (2) "Department of Construction Services" shall be substituted for "Department of Public Safety", in the following sections of the general statutes: 10a-91d, 10a-109ff, 16a-38k, 17a-154, 21a-86f, 28-27, 28-27a, 28-30a, 29-251, 29-251a, 29-251b, 29-251c, 29-252, 29-252a, 29-254b, 29-256, 29-256a, 29-256b, 29-258, 29-261, 29-262, 29-262a, 29-263, 29-269a, 29-298a, 29-312, 29-313, 29-315, 29-317, 29-317, as amended by section 7 of public act 09-177 and sections 1 and 6 of public act 10-54, 29-319, 29-320, 29-320, as amended by section 8 of public act 09-177 and sections 2 and 6 of public act 10-54, 29-321, 29-322, 29-322, as amended by section 9 of public act 09-177 and section 6 of public act 10-54, 29-325, 29-331, 29-331, as amended by section 14 of public act 09-177 and section 6 of public act 10-54, 29-332, 29-333, 29-337, 29-337, as amended by section 15 of public act 09-177 and section 6 of public act 10-54, 29-338, 29-339, 29-345, 29-346, 29-349, 29-355, 29-401, 29-402 and 29-403.

Sec. 42. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Construction Services" shall be substituted for "Commissioner of Public Works", and (2) "Department of Construction Services" shall be substituted for "Department of Public Works", in the following sections of the general statutes: 3-10, 3-20, 3-21d, 4-61, 4-87, 4-89, 4b-1a, 4b-12, 4b-13, 4b-16, 4b-17, 4b-22a, 4b-24, 4b-51, 4b-51a, 4b-52, 4b-53, 4b-54, 4b-55, 4b-55a, 4b-56, 4b-60, 4b-62, 4b-63, 4b-65, 4b-66a, 4b-67, 4b-68, 4b-69, 4b-70, 4b-71, 4b-72, 4b-73, 4b-74, 4b-91, 4b-100, 4b-100a, 4b-102, 4b-103, 4b-130, 4b-132, 4b-133, 4b-134, 5-142, 7-323p, 10a-4a, 10a-91c, 10a-91d, 13a-73, 13b-20n, 16a-37u, 16a-37v, 16a-38, 16a-38a, 16a-38b, 16a-38d, 16a-38i, 16a-38j, 16a-38k, 16a-38l, 16a-38m, 16a-39, 17a-27, 17a-27c, 17a-27d, 17a-451b, 22-64, 22a-6, 22a-12, 22a-439a, 22a-459, 26-3, 27-45, 27-131, 28-1b, 31-57, 32-6, 32-612, 32-613, 32-655a and 49-41b.

Sec. 43. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Construction Services" shall be substituted for "Commissioner of Education", and (2) "Department of Construction Services" shall be substituted for "Department of Education", in the following sections of the general statutes: 10-286d, 10-286e, 10-287a, 10-287i, 10-289h, 10-290a, 10-290e, 10-290f, 10-291, 10-292, as amended by this act, 10-292d, 10-292f, 10-292h, 10-292i, 10-292j, 10-292l and 10-292m.

Sec. 44. Section 4b-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

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 Department of Construction Services shall have the supervision, care and control of all property used in connection with the Division of Fire [, Emergency] and Building Services within the Department of [Public Safety] Construction Services 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] Construction Services. Any person who trespasses upon such property shall be subject to the penalty for criminal trespass, as provided in sections 53a-107 to 53a-109, inclusive, or simple trespass, as provided in section 53a-110a. Any person who violates any regulation concerning the use of such property shall be fined not more than five hundred dollars or imprisoned not more than three months, or both.

Sec. 45. Subdivision (10) of section 20-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(10) "State Fire Marshal" means the State Fire Marshal [or any member of the Division of State Police to whom the Commissioner of Public Safety has delegated powers under section 29-291] appointed by the Commissioner of Construction Services;

Sec. 46. Section 29-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There shall be within the Department of [Public Safety] Construction Services a Division of Fire [, Emergency] and Building Services. The Commissioner of [Public Safety] Construction Services shall serve as administrative head of said division. In his capacity as administrative head, the commissioner may delegate his jurisdiction of the affairs of the division to a deputy commissioner. [who shall be a civilian.]

(b) There shall be in the Division of Fire [, Emergency] and Building Services (1) an Office of the State Fire Marshal, and (2) an Office of the State Building Inspector. [, and (3) an Office of State-Wide Emergency Telecommunications. The State Building Inspector shall serve as administrative head of the Office of the State Building Inspector.] The head of each such office shall report to the [administrative head of the Division of Fire, Emergency and Building Services] Commissioner of Construction Services.

Sec. 47. Section 29-315a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

On or before July 1, 2005, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a plan for employee fire safety training and education to the Departments of Public Health and [Public Safety] Construction Services and the Labor Department. Such plan shall, at a minimum, comply with standards adopted by the federal Occupational Safety and Health Administration, including, but not limited to, standards listed in 29 CFR 1910.38, 1910.39 and 1910.157, as adopted pursuant to chapter 571, or 29 USC Section 651 et seq., as appropriate. The commissioners shall review each such plan and may make recommendations they deem necessary. Once approved or revised, such plan shall not be required to be resubmitted until further revised or there is a change of ownership of the nursing or rest home.

Sec. 48. Subdivision (8) of section 10-282 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(8) "Completed school building project" means a school building project declared complete by the applicant board of education as of the date shown on the final application for grant payment purposes as submitted by said board to the Commissioner of [Education] Construction Services or his agent;

Sec. 49. Section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) (1) Each town or regional school district shall be eligible to apply for and accept grants for a school building project as provided in this chapter. Any town desiring a grant for a public school building project may, by vote of its legislative body, authorize the board of education of such town to apply to the Commissioner of [Education] Construction Services and to accept or reject such grant for the town. Any regional school board may vote to authorize the supervising agent of the regional school district to apply to the Commissioner of [Education] Construction Services for and to accept or reject such grant for the district. Applications for such grants under this chapter shall be made by the superintendent of schools of such town or regional school district on the form provided and in the manner prescribed by the Commissioner of [Education] Construction Services. The application form shall require the superintendent of schools to affirm that the school district considered the maximization of natural light and the use and feasibility of wireless connectivity technology in projects for new construction and alteration or renovation of a school building. Grant applications for school building projects shall be reviewed by the Commissioner of [Education] Construction Services on the basis of categories for building projects and standards for school construction established by the [State Board of Education] Department of Construction Services in accordance with this section, provided grant applications submitted for purposes of subsection (a) of section 10-65 or section 10-76e shall be reviewed annually by the commissioner on the basis of the educational needs of the applicant. Notwithstanding the provisions of this chapter, the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and the following entities that will operate an interdistrict magnet school that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the [commissioner] Commissioner of Education, may apply for and shall be eligible to receive grants for school building projects pursuant to section 10-264h for such a school: (A) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees for The University of Connecticut on behalf of the university, (D) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (D) cooperative arrangements pursuant to section 10-158a, and (E) any other third-party not-for-profit corporation approved by the commissioner.

(2) Each school building project shall be assigned to a category on the basis of whether such project is primarily required to: (A) Create new facilities or alter existing facilities to provide for mandatory instructional programs pursuant to this chapter, for physical education facilities in compliance with Title IX of the Elementary and Secondary Education Act of 1972 where such programs or such compliance cannot be provided within existing facilities or for the correction of code violations which cannot be reasonably addressed within existing program space; (B) create new facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section; and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas. All applications submitted prior to July first shall be reviewed promptly by the commissioner and the amount of the grant for which such project is eligible shall be estimated, provided an application for a school building project determined by the [commissioner] Commissioner of Education to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall have until September first to submit an application for such a project and may have until December first of the same year to secure and report all local and state approvals required to complete the grant application. The commissioner shall annually prepare a listing of all such eligible school building projects listed by category together with the amount of the estimated grants therefor and shall submit the same to the Governor [and] for review and approval. The Governor shall submit the approved list to the General Assembly [on or before the fifteenth day of December, except as provided in section 10-283a,] with the submission of the Governor's budget in accordance with section 4-71 with a request for authorization to enter into grant commitments. Each such listing submitted after December 1995 shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the commissioner. Notwithstanding any provision of this chapter, no such project that has changed in scope or cost to the degree determined by the commissioner shall be eligible for reimbursement under this chapter unless it appears on such list. Each such listing submitted after December 2005 shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the commissioner once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the commissioner twice. On and after July 1, 2006, no project, other than a project for a regional vocational-technical school, may appear on the separate schedule of authorized projects which have changed in cost more than twice. On and after July 1, 2012, no project may appear on the separate schedule of authorized projects which have changed in cost more than once. The percentage determined pursuant to section 10-285a, as amended by this act, at the time a school building project on such schedule was originally authorized shall be used for purposes of the grant for such project. On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a, as amended by this act, at the time a school building project on such schedule was originally authorized. The General Assembly shall annually authorize the commissioner to enter into grant commitments on behalf of the state in accordance with the [commissioner's] categorized listing for such projects as the General Assembly shall determine. The commissioner may not enter into any such grant commitments except pursuant to such legislative authorization. Any regional school district which assumes the responsibility for completion of a public school building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286, as amended by this act, when such project is completed and accepted by such regional school district.

(3) (A) All final calculations completed by the Department of [Education] Construction Services for school building projects authorized on or after July 1, 1996, shall include a computation of the state grant for the school building project amortized on a straight line basis over a twenty-year period for school building projects with costs equal to or greater than two million dollars and over a ten-year period for school building projects with costs less than two million dollars. Any town or regional school district which abandons, sells, leases, demolishes or otherwise redirects the use of such a school building project to other than a public school use during such amortization period shall refund to the state the unamortized balance of the state grant remaining as of the date the abandonment, sale, lease, demolition or redirection occurs. The amortization period for a project shall begin on the date the project was accepted as complete by the local or regional board of education. A town or regional school district required to make a refund to the state pursuant to this subdivision may request forgiveness of such refund if the building is redirected for public use. The department shall include as an addendum to the annual school construction priority list all those towns requesting forgiveness. General Assembly approval of the priority list containing such request shall constitute approval of such request. This subdivision shall not apply to projects to correct safety, health and other code violations or to remedy certified school indoor air quality emergencies approved pursuant to subsection (b) of this section or projects subject to the provisions of section 10-285c.

(B) Any moneys refunded to the state pursuant to subparagraph (A) of this subdivision shall be deposited in the state's tax-exempt proceeds fund and used not later than sixty days after repayment to pay debt service on, including redemption, defeasance or purchase of, outstanding bonds of the state the interest on which is not included in gross income pursuant to Section 103 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

(b) Notwithstanding the application date requirements of this section, the Commissioner of [Education] Construction Services may approve applications for grants to assist school building projects to remedy damage from fire and catastrophe, to correct safety, health and other code violations, to replace roofs [,] or to remedy a certified school indoor air quality emergency. [, or to purchase and install portable classroom buildings at any time within the limit of available grant authorization and make payments thereon within the limit of appropriated funds, provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner.]

(c) No school building project shall be added to the list prepared by the Commissioner of [Education] Construction Services pursuant to subsection (a) of this section after such list is submitted to the [committee of the General Assembly appointed pursuant to section 10-283a] Governor pursuant to this section unless (1) the project is for a school placed on probation by the New England Association of Schools and Colleges and the project is necessary to preserve accreditation, (2) the project is necessary to replace a school building for which a state agency issued a written notice of its intent to take the school property for public purpose, (3) for the fiscal year ending June 30, 2002, the project is in a town operating under state governance, or (4) it is a school building project determined by the commissioner to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al. The provisions of this subsection shall not apply to projects previously authorized by the General Assembly that require special legislation to correct procedural deficiencies.

(d) No application for a school building project shall be accepted by the commissioner on or after July 1, 2002, unless the applicant has secured funding authorization for the local share of the project costs prior to application. The reimbursement percentage for a project covered by this subsection shall reflect the rates in effect during the fiscal year in which such local funding authorization is secured.

[(e) For each such list submitted in December, 2003, and December, 2004, the total amount requested by the commissioner for grant commitments shall not exceed one billion dollars. In each such list, the commissioner shall list the categories described in subdivision (2) of subsection (a) of this section in order of priority and shall list the projects within each category in order of priority. The commissioner shall comply with the limitation on grant commitments provided for under this subsection according to such priorities. Eligible projects that cannot be included on the list shall be included first on the list submitted the next following year.]

Sec. 50. Section 10-283b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) On and after July 1, 1999, the Commissioner of [Education] Construction Services shall include school building projects for the regional vocational-technical schools on the list developed pursuant to section 10-283. [Prior to inclusion on the list, such projects shall be reviewed by the Department of Public Works.] The adoption of the list by the General Assembly and authorization by the State Bond Commission of the issuance of bonds pursuant to section 10-287d shall fund the full cost of the projects. On or after July 1, 2007, the commissioner may approve applications for grants to assist school building projects for the regional vocational-technical school system to remedy damage from fire and catastrophe, to correct safety, health and other code violations, to replace roofs [,] or to remedy a certified school indoor air quality emergency. [, or to purchase and install portable classroom buildings at any time within the limit of available grant authorization and to make payments on such a project within the limit of appropriated funds, provided portable classroom building projects do not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner.] Funds for the projects shall be transferred to the Department of [Public Works] Construction Services and, upon such transfer, the projects shall be subject to the requirements of chapters 59 and 60.

(b) The Department of [Public Works] Construction Services shall ensure that an architect and a construction manager or construction administrator hired to work on a project pursuant to subsection (a) of this section are not related persons as defined in subdivision (18) of subsection (a) of section 12-218b.

Sec. 51. Section 10-284 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Commissioner of [Education] Construction Services shall have authority to receive, review and approve applications for state grants under this chapter, or to disapprove any such application if (1) it does not comply with the requirements of the State Fire Marshal or the Department of Public Health, (2) it is not accompanied by a life-cycle cost analysis approved by the Commissioner of [Public Works] Construction Services pursuant to section 16a-38, as amended by this act, (3) it does not comply with the provisions of sections 10-290d and 10-291, (4) it does not meet the standards, requirements or school building priorities established by the State Board of Education, [or] (5) the estimated construction cost exceeds the per square foot cost established by the Commissioner of Construction Services for the geographical area in which the project is proposed to be located, or (6) the commissioner determines that the proposed educational specifications for or theme of the project for which the applicant requests a state grant duplicates a program offered by a vocational-technical school or an interdistrict magnet school in the same region.

(b) (1) The Commissioner of [Education] Construction Services may also disapprove such a grant application: (A) For a project for which the General Assembly authorized a grant commitment prior to June 14, 1984, if the town or regional school district has not begun construction, as defined in section 10-282, by July 1, 1987; or (B) for any other project if the town or regional school district has not begun construction, as defined in section 10-282, within two years after the effective date of the act of the General Assembly authorizing the Commissioner of [Education] Construction Services to enter into grant commitments for such projects as provided in [sections] section 10-283, as amended by this act. [and 10-283a.] The Commissioner of Construction Services shall cancel any grant commitment made to a town or regional school district that has not begun construction, as defined in section 10-282, by April 1, 2012, and the town or regional district may make a new application for a grant in accordance with section 10-283, as amended by this act.

(2) Prior to disapproval of an application under the provisions of subparagraph (A) of subdivision (1) of this subsection, the commissioner shall give written notice of the pending disapproval by mail to (A) the school building committee formed in connection with the application, (B) the local or regional board of education, and (C) if the applicant is a local board, to the chief executive officer of the town or if the applicant is a regional board, to the chief executive officer of each of the district's member towns. The notice shall be given twice. The first such notice shall be mailed not later than September 1, 1986, and the second notice shall be mailed not later than March 1, 1987.

(c) When any such application is approved, said commissioner shall certify to the Comptroller the amount of the grant for which the town or regional school district is eligible under this chapter and the amount and time of the payment thereunder. Upon receipt of such certification, the Comptroller is authorized and directed to draw his order on the Treasurer in such amount and at such time as certified by said commissioner.

Sec. 52. Section 10-285a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The percentage of school building project grant money a local board of education may be eligible to receive, under the provisions of section 10-286 shall be determined as follows: (1) Each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (2) based upon such ranking, a percentage of not less than forty nor more than eighty shall be determined for each town on a continuous scale, except that (A) for school building projects authorized by the General Assembly during the fiscal year ending June 30, 1991, for all such projects so authorized thereafter and for grants approved pursuant to subsection (b) of section 10-283, as amended by this act, for which application is made on and after July 1, 1991, the percentage of school building project grant money a local board of education may be eligible to receive, under the provisions of section 10-286 shall be determined as follows: [(A)] (i) Each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; [(B)] (ii) based upon such ranking, a percentage of not less than twenty nor more than eighty shall be determined for each town on a continuous scale, and (B) for grants approved pursuant to subsection (b) of section 10-283, as amended by this act, for which application is made on and after July 1, 2011, the percentage of school building project grant money a local board of education may be eligible to receive, under the provisions of section 10-286, as amended by this act, shall be determined as follows: (i) Each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (ii) based upon such ranking, a percentage of not less than fifteen nor more than sixty-five shall be determined for new construction of a school building for each town on a continuous scale and a percentage of not less than twenty nor more than eighty shall be determined for renovation of an existing school building for each town on a continuous scale.

(b) The percentage of school building project grant money a regional board of education may be eligible to receive under the provisions of section 10-286, as amended by this act, shall be determined by its ranking. Such ranking shall be determined by (1) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subsection (a) of this section, (2) adding together the figures determined under subdivision (1) of this subsection, and (3) dividing the total computed under subdivision (2) of this subsection by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank plus ten per cent, except that no such percentage shall exceed eighty-five per cent.

(c) The percentage of school building project grant money a regional educational service center may be eligible to receive shall be determined by its ranking. Such ranking shall be determined by (1) multiplying the population of each member town in the regional educational service center by such town's ranking, as determined in subsection (a) of this section; (2) adding together the figures for each town determined under subdivision (1) of this subsection, and (3) dividing the total computed under subdivision (2) of this subsection by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such center shall receive the same reimbursement percentage as would a town with the same rank.

(d) The percentage of school building project grant money a cooperative arrangement pursuant to section 10-158a, may be eligible to receive shall be determined by its ranking. Such ranking shall be determined by (1) multiplying the total population, as defined in section 10-261, of each town in the cooperative arrangement by such town's ranking, as determined in subsection (a) of this section, (2) adding the products determined under subdivision (1) of this subsection, and (3) dividing the total computed under subdivision (2) of this subsection by the total population of all towns in the cooperative arrangement. The ranking of each cooperative arrangement shall be rounded to the next higher whole number and each such cooperative arrangement shall receive the same reimbursement percentage as would a town with the same rank plus ten percentage points.

(e) If an elementary school building project for a new building or for the expansion of an existing building includes space for a school readiness program, the percentage determined pursuant to this section shall be increased by five percentage points, but shall not exceed one hundred per cent, for the portion of the building used primarily for such purpose. Recipient districts shall maintain full-day preschool enrollment for at least ten years.

(f) The percentage determined pursuant to this section for a school building project grant for the expansion, alteration or renovation of an existing public school building to convert such building for use as a lighthouse school, as defined in section 10-266cc, shall be increased by ten percentage points.

(g) The percentage determined pursuant to this section for a school building project grant shall be increased by the percentage of the total projected enrollment of the school attributable to the number of spaces made available for out-of-district students participating in the program established pursuant to section 10-266aa, provided the maximum increase shall not exceed ten percentage points.

(h) Subject to the provisions of section 10-285d, if an elementary school building project for a school in a priority school district or for a priority school is necessary in order to offer a full-day kindergarten program or a full-day preschool program or to reduce class size pursuant to section 10-265f, the percentage determined pursuant to this section shall be increased by ten percentage points for the portion of the building used primarily for such full-day kindergarten program, full-day preschool program or such reduced size classes. Recipient districts that receive an increase pursuant to this subsection in support of a full-day preschool program, shall maintain full-day preschool enrollment for at least ten years.

(i) For all projects authorized on or after July 1, 2007, all attorneys' fees and court costs related to litigation shall be eligible for state school construction grant assistance only if the grant applicant is the prevailing party in any such litigation. For all projects authorized on or after July 1, 2011, no attorneys' fees or court costs related to litigation shall be eligible for state school construction grant assistance.

Sec. 53. Section 10-285b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) (1) For the fiscal year ending June 30, 1987, Woodstock Academy may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter. (2) Except as provided in subdivision (1) of this subsection, any incorporated or endowed high school or academy approved by the State Board of Education pursuant to section 10-34 may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter. (3) Applications pursuant to this subsection shall be filed at such time and on such forms as the [state] Department of [Education] Construction Services prescribes. The Commissioner of [Education] Construction Services shall approve such applications pursuant to the provisions of section 10-284 deemed applicable by the [state] Department of [Education] Construction Services.

(b) In the case of a school building project, as defined in subparagraph (A) of subdivision (3) of section 10-282, the amount of the grant approved by said commissioner shall be computed pursuant to the provisions of section 10-286, as amended by this act, and the eligible percentage shall be computed pursuant to the provisions of subdivision (2) of subsection (c) of this section. The calculation of the grant pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of final grant calculation.

(c) (1) The percentage of school building project grant money Woodstock Academy may be eligible to receive for school construction projects for which application was made in the fiscal year ending June 30, 1987, under the provisions of subsection (b) of this section shall be determined by its ranking. The ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town which subsequent to October 1, 1985, and prior to October 1, 1986, designates Woodstock Academy as the high school for such town for a period of not less than five years, by such town's percentile ranking, as determined in subsection (a) of section 10-285a, as amended by this act, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate Woodstock Academy as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Woodstock Academy shall receive the same reimbursement percentage as would a town with the same rank.

(2) Except as provided in subdivision (1) of this subsection, the percentage of school building project grant money each incorporated or endowed high school or academy may be eligible to receive under the provisions of subsection (b) of this section shall be determined by its ranking. The ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town which at the time of application for such school construction grant commitment has designated such school as the high school for such town for a period of not less than five years from the date of such application, by such town's percentile ranking, as determined in subsection (a) of section 10-285a, as amended by this act, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate the school as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Such high school or academy shall receive the reimbursement percentage of a town with the same rank increased by five per cent, except that the reimbursement percentage of such high school or academy shall not exceed [eighty-five] sixty-five per cent.

(d) (1) In order for Woodstock Academy to be eligible for a grant commitment pursuant to this section for the fiscal year ending June 30, 1987, said academy shall (A) provide educational facilities to the town or towns designating it as the high school for such town or towns for a period commencing on June 5, 1986, and not less than ten years after completion of grant payments under this section, and (B) provide that at least half of its executive committee, exclusive of the president, be representatives of the board or boards of education designating Woodstock Academy as the high school for each such board's town.

(2) Except as provided in subdivision (1) of this subsection, in order for an incorporated or endowed high school or academy to be eligible for a grant commitment pursuant to this section such high school or academy shall (A) provide educational services to the town or towns designating it as the high school for such town or towns for a period of not less than ten years after completion of grant payments under this section, and (B) provide that at least half of the governing board which exercises final educational, financial and legal responsibility for the high school or academy, exclusive of the chairman of such board, be representatives of the board or boards of education designating the high school or academy as the high school for each such board's town.

Sec. 54. Section 10-285e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

[(a) The State Board of Education shall include reimbursement for reasonable lease costs that are determined by the Commissioner of Education to be required as part of a school building project grant under this chapter.]

[(b)] The State Board of Education shall require renovation projects under this chapter to meet the same state and federal codes and regulations as are required for alteration projects.

Sec. 55. Section 10-285h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) For the fiscal year ending June 30, 2006, there shall be established a pilot program for the development of a school building facility to be used for a state charter school. The Commissioner of [Education] Construction Services may receive applications for the purchase and renovation of a building to be used as a state charter school facility. The amount of the grant shall be equal to the net eligible expenditures multiplied by the school construction reimbursement rate for the town in which the facility will be located. Enrollment projections identified in the application may exceed current charter school enrollment limitations, if approved by the commissioner. The provisions of this chapter concerning school construction projects and regulations adopted by the [State Board of Education] Department of Construction Services, in accordance with this chapter, shall apply to the project, except as provided by this section.

(b) Eligible applicants shall be successful state charter school governing boards that have operated a charter school for at least five years and have had the charter of the school renewed by the State Board of Education. The application shall include information concerning the charter school that describes: (1) Academic success, including test results on mastery examinations pursuant to section 10-14n, (2) attendance records of students, (3) student success in completing the program of studies offered by the school, (4) parental involvement in the operation and decisions of the governing board, and (5) other such information as is required by the Commissioner of [Education] Construction Services. The application shall be submitted in such form, manner and time as determined by the commissioner.

(c) The Commissioner of [Education] Construction Services may select one application for state grant assistance. The commissioner shall notify the [school construction committee pursuant to section 10-283a] joint standing committee of the General Assembly having cognizance of matters relating to education of the commissioner's selection and the proposed funding for such state charter school project. [The school construction] Said committee shall consider the application in conjunction with the [committee's review of the] listing of eligible projects developed in accordance with section 10-283, as amended by this act. If the [school construction] committee approves the request for funding, the committee shall include such grant request as a separately-listed item on a special supplementary schedule for such pilot charter school project on the listing of eligible projects developed in accordance with section 10-283, as amended by this act.

(d) If a state charter school that received a grant pursuant to this section ceases to be used as a state charter school facility, the Commissioner of Education shall determine whether title to the building and any legal interest in appurtenant land shall revert to the state.

Sec. 56. Section 10-286 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The amount of the grant approved by the Commissioner of [Education] Construction Services under the provisions of this chapter for any completed school building project shall be computed as follows:

(1) For the fiscal year ending June 30, [1984] 2012, and each fiscal year thereafter, in the case of a new school plant, an extension of an existing school building or projects involving the major alteration of any existing building to be used for school purposes, the eligible percentage, as determined in section 10-285a, as amended by this act, of the result of multiplying together the number representing the highest projected enrollment, based on [data acceptable to the Commissioner of Education,] the average growth rate in student enrollment for the prior ten-year period for such building [during the eight-year period] from the date a local or regional board of education files a notification of a proposed school building project with the Department of [Education] Construction Services, the number of gross square feet per pupil determined by the Commissioner of [Education] Construction Services to be adequate for the kind of educational program or programs intended, and the eligible cost of such project, divided by the gross square feet of such building, the maximum cost per square foot established by the commissioner, or the eligible percentage, as determined in section 10-285a, as amended by this act, of the eligible cost of such project, whichever is less, provided, (A) any such project on which construction was started prior to July 1, 1975, shall be reimbursed under the formula in effect prior to said date, (B) any such project on which construction or payments under this chapter were started after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon the data, submitted for each such project and accepted by the Department of Education during said period, representing the number of pupils the plant was designed to accommodate, (C) any project for which final grant calculation has been made after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon such final calculation, and (D) any such project for which estimated grant payments were begun prior to July 31, 1983, shall be reimbursed based upon the calculation formula used in making such estimated grant payments;

(2) In case of projects involving the purchase of an existing building to be used for school purposes, the eligible percentage, as determined in section 10-285a, as amended by this act, of the eligible cost as determined by the Commissioner of [Education] Construction Services, provided any project for which an application is made on or after July 1, 1995, involving the purchase and renovation of an existing facility, may be exempt from the standard space specifications, and otherwise ineligible repairs and replacements may be considered eligible for reimbursement as part of such a project, if information is provided acceptable to the commissioner documenting the need for such work and the cost savings to the state and the school district of such purchase and renovation project in comparison to alternative construction options;

(3) If any school building project described in subdivisions (1) and (2) of this subsection includes the construction, extension or major alteration of outdoor athletic facilities, tennis courts or a natatorium, gymnasium or auditorium, the grant for the construction of such outdoor athletic facilities, tennis courts and natatorium shall be limited to one-half of the eligible percentage for subdivisions (1) and (2) of the net eligible cost of construction thereof; the grant for the construction of an area of spectator seating in a gymnasium shall be one-half of the eligible percentage for subdivisions (1) and (2) of the net eligible cost of construction thereof; and the grant for the construction of the seating area in an auditorium shall be limited to one-half of the eligible percentage for subdivisions (1) and (2) of the net eligible cost of construction of the portion of such area that seats one-half of the projected enrollment of the building, as defined in subdivision (1) of this subsection, which it serves;

(4) In the case of a regional agricultural science and technology education center or the purchase of equipment pursuant to subsection (a) of section 10-65 or a regional special education facility pursuant to section 10-76e, an amount equal to the eligible cost of such project, as determined by the Commissioner of [Education] Construction Services;

(5) In the case of a public school administrative or service facility, one-half of the eligible percentage for subdivisions (1) and (2) of this subsection of the eligible project cost as determined by the Commissioner of [Education] Construction Services, or in the case of a regional educational service center administrative or service facility, the eligible percentage, as determined pursuant to subsection (c) of section 10-285a, as amended by this act, of the eligible project cost as determined by the commissioner, provided on and after July 1, 2012, a public school administrative or service facility shall not be eligible for a grant commitment;

(6) [In] Prior to July 1, 2011, in the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for at least twenty years, or in the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town is prohibited from recovery of damages or has no other recourse at law or in equity, the eligible percentage for subdivisions (1) and (2) of this subsection, of the eligible cost as determined by the Commissioner of Education. In the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years (A) when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town has recourse at law or in equity and recovers less than such eligible cost, the eligible percentage for subdivisions (1) and (2) of this subsection of the difference between such recovery and such eligible cost, and (B) when the roof is at least fifteen years old but less than twenty years old and it cannot be determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed, the eligible percentage for subdivisions (1) and (2) of this subsection of the eligible project costs provided such costs are multiplied by the ratio of the age of the roof to twenty years. For purposes of this subparagraph, the age of the roof shall be determined in whole years to the nearest year based on the time between the completed installation of the old roof and the date of the grant application for the school construction project for the new roof;

(7) On and after July 1, 2011, in the case of a project for the replacement of a roof or the purchase or replacement of a heating, ventilation or air conditioning system that would provide greater energy efficiency or reduce heating fuel costs for such town or district, at an amount equal to the eligible cost of a school renovation as determined by the Commissioner of Construction Services in regulations adopted in accordance with section 10-287c, as amended by this act.

[(7)] (8) For the fiscal year ending June 30, 1984, and for each fiscal year thereafter, in the case of projects to correct code violations, the eligible percentage, as determined in section 10-285a, as amended by this act, of the eligible cost as determined by the Commissioner of [Education] Construction Services;

[(8)] (9) In the case of a renovation project for which an application is made on or after July 1, 1995, the eligible percentage as determined in subsection (b) of section 10-285a, as amended by this act, multiplied by the eligible costs as determined by the commissioner, provided the project may be exempt from the standard space specifications, and otherwise ineligible repairs and replacements may be considered eligible for reimbursement as part of such a project, if information is provided acceptable to the commissioner documenting the need for such work and the cost savings to the state and the school district of such renovation project in comparison to alternative construction options;

[(9)] (10) In the case of projects approved to remedy certified school indoor air quality emergencies, the eligible percentage, as determined in section 10-285a, as amended by this act, of the eligible cost as determined by the Commissioner of [Education] Construction Services;

[(10)] (11) In the case of a project involving a turn-key purchase for a facility to be used for school purposes, the eligible percentage, as determined in section 10-285a, as amended by this act, of the net eligible cost as determined by the Commissioner of [Education] Construction Services, except that for any project involving such a purchase for which an application is made on or after July 1, 2006, (A) final plans for all construction work included in the turn-key purchase agreement shall be approved by the Commissioner of [Education] Construction Services in accordance with section 10-292, as amended by this act, and (B) such project may be exempt from the standard space specifications, and otherwise ineligible repairs and replacements may be considered eligible for reimbursement as part of such project, if information acceptable to the commissioner documents the need for such work and that such a purchase will cost less than constructing the facility in a different manner and will result in a facility taking on a useful life comparable to that of a new facility.

(b) (1) In the case of all grants computed under this section for a project which constitutes a replacement, extension or major alteration of a damaged or destroyed facility, no grant may be paid if a local or regional board of education has failed to insure its facilities and capital equipment in accordance with the provisions of section 10-220. The amount of financial loss due to any damage or destruction to any such facility, as determined by ascertaining the replacement value of such damage or destruction, shall be deducted from project cost estimates prior to computation of the grant.

(2) In the case of any grants computed under this section for a school building project authorized pursuant to section 10-283, as amended by this act, after July 1, 1979, any federal funds or other state funds received for such school building project shall be deducted from project costs prior to computation of the grant.

(3) The limitation on grants for new outdoor athletic facilities, tennis courts, natatorium, gymnasium and auditorium shall not apply to school building projects for which applications for review of preliminary plans and specifications on Form 2A were submitted prior to October 1, 1975, in the case of towns and prior to October 15, 1975, in the case of regional school districts.

(4) Commencing with the school construction projects authorized by the General Assembly during the fiscal year ending June 30, 1985, and for all such projects so authorized thereafter, the calculation of grants pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of the final grant calculation, except that on and after July 1, 2005, in the case of a school district with an enrollment of less than one hundred fifty students in grades kindergarten to grade eight, inclusive, state standard space specifications shall not apply in the calculation of grants pursuant to this section and the Commissioner of [Education] Construction Services may modify the standard space specifications for a project in such district.

(c) In the computation of grants pursuant to this section for any school building project authorized by the General Assembly pursuant to section 10-283, as amended by this act, (1) after January 1, 1993, any maximum square footage per pupil limit established pursuant to this chapter or any regulation adopted by the [State Board of Education] Department of Construction Services pursuant to this chapter shall be increased by twenty-five per cent for a building constructed prior to 1950; (2) after January 1, 2004, any maximum square footage per pupil limit established pursuant to this chapter or any regulation adopted by the [State Board of Education] Department of Construction Services pursuant to this chapter shall be increased by up to one per cent to accommodate a heating, ventilation or air conditioning system, if needed; (3) for the period from July 1, 2006, to June 30, 2009, inclusive, for projects with total authorized project costs greater than ten million dollars, if total construction change orders or other change directives otherwise eligible for grant assistance under this chapter exceed five per cent of the authorized total project cost, only fifty per cent of the amount of such change order or other change directives in excess of five per cent shall be eligible for grant assistance; and (4) after July 1, 2009, for projects with total authorized project costs greater than ten million dollars, if total construction change orders or other change directives otherwise eligible for grant assistance exceed five per cent of the total authorized project cost, such change order or other change directives in excess of five per cent shall be ineligible for grant assistance.

(d) For any school building project receiving state grant assistance under this chapter, all change orders or other change directives issued for such project (1) on or after July 1, 2008, until June 30, 2011, shall be submitted, not later than six months after the date of such issuance, to the Commissioner of Education, and (2) on or after July 1, 2011, shall be submitted, not later than six months after the date of such issuance, to the Commissioner of Construction Services, in a manner prescribed by the commissioner. Only change orders or other change directives submitted to the [commissioner] Commissioner of Education or Commissioner of Construction Services, as applicable, in accordance with this subsection shall be eligible for state grant assistance.

Sec. 57. Section 10-286f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

Any professional or consulting fee that is calculated as a proportion of total project costs for any school building project for which state assistance is provided in accordance with the provisions of this chapter shall not be increased as a result of increased prices for construction materials. For purposes of this section, "professional or consulting fee" does not include any project management or construction management fee.

Sec. 58. Section 10-292e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

A committee to review the listing of eligible grants submitted pursuant to sections 10-292c to 10-292n, inclusive, shall be appointed annually on or before July first. [Such committee may be the same committee that is appointed pursuant to section 10-283a.] The listing of eligible grants shall be submitted to said committee prior to December fifteenth annually to determine if said listing is in compliance with section 10-292d. The committee may modify the listing if it finds that the Commissioner of [Education] Construction Services acted in an arbitrary or unreasonable manner in establishing the listing. Prior to February first annually, the committee shall submit the approved or modified listing of grants to the Governor and the General Assembly.

Sec. 59. Section 10-287c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The State Board of Education is authorized to prescribe such rules and regulations as may be necessary to implement the provisions of this chapter, provided any rules or regulations to implement the provisions of sections 10-283, as amended by this act, 10-287, 10-287a, 10-292d and subsection (d) of section 10-292m shall be prescribed in consultation with the Secretary of the Office of Policy and Management. Whenever the Commissioner of Education has made a commitment for a grant on or before June 30, 2011, prior to the completion of a project as provided in section 10-287a, and said commissioner has made advances thereon as provided in said section, any such rules or regulations prescribed in accordance with this section which were in effect at the time of such commitment and advances shall be applicable to any additional commitment and subsequent advances with respect to said project.

(b) The Commissioner of Construction Services may adopt regulations in accordance with the provisions of chapter 54 in order to implement the provisions of this chapter.

Sec. 60. Section 10-264h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) [(1)] For the fiscal year ending June 30, 1996, until the fiscal year ending June 30, 2003, a local or regional board of education, regional educational service center or a cooperative arrangement pursuant to section 10-158a for purposes of an interdistrict magnet school may be eligible for reimbursement up to the full reasonable cost of any capital expenditure for the purchase, construction, extension, replacement, leasing or major alteration of interdistrict magnet school facilities, including any expenditure for the purchase of equipment, in accordance with this section. [(A)] (1) For the fiscal year ending June 30, 2004, and each fiscal year thereafter, such entities, and [(B)] (2) for the fiscal year ending June 30, 2008, and each fiscal year thereafter, the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner: [(i)] (A) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, [(ii)] (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, [(iii)] (C) the Board of Trustees for The University of Connecticut on behalf of the university, [(iv)] (D) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, and [(v)] (E) any other third-party not-for-profit corporation approved by the commissioner may be eligible for reimbursement up to ninety-five per cent of such cost. For the fiscal year commencing July 1, 2011, and each fiscal year thereafter, such entities may be eligible for reimbursement up to eighty per cent of such cost. To be eligible for reimbursement under this section a magnet school construction project shall meet the requirements for a school building project established in chapter 173, except that the Commissioner of [Education] Construction Services may waive any requirement in such chapter for good cause. On and after July 1, 1997, the commissioner shall approve only applications for reimbursement under this section that he finds will reduce racial, ethnic and economic isolation. On and after July 1, 2009, applications for reimbursement under this section for the construction of new interdistrict magnet schools shall not be accepted until the commissioner develops a comprehensive state-wide interdistrict magnet school plan, in accordance with the provisions of subdivision (1) of subsection (b) of section 10-264l, unless the commissioner determines that such construction will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.

[(2) (A) Not later than July 1, 2007, the Commissioner of Education and the president of the Connecticut Science Center, Inc. shall enter into a memorandum of understanding establishing the parameters within which the center shall operate as and be given the status of a state-wide magnet science learning center. Upon achieving such status, the Connecticut Science Center, Inc. shall be eligible to apply for, in accordance with the provisions of subparagraph (B) of this subdivision, a grant of reimbursement of ninety-five per cent of any expenditures for the construction, replacement, alteration or repair of its facilities, including the reasonable and necessary costs for major exhibits. The Connecticut Science Center, Inc. may fund its five per cent share of expenditures from private contributions.

(B) To be eligible to receive a grant pursuant to this subdivision, the Connecticut Science Center, Inc. shall file an application with the Commissioner of Education in such form and manner as the commissioner prescribes. Construction projects at the magnet science learning center shall meet the requirements of chapter 173, except that the commissioner may waive any requirements in such chapter for good cause.]

(b) Subject to the provisions of subsection (a) of this section, the applicant shall receive current payments of scheduled estimated eligible project costs for the facility, provided (1) the applicant files an application for a school building project, in accordance with section 10-283, as amended by this act, by the date prescribed by the commissioner, (2) final plans and specifications for the project are approved pursuant to sections 10-291 and 10-292, as amended by this act, and (3) such district submits to the commissioner, in such form as the commissioner prescribes, and the commissioner approves a plan for the operation of the facility which includes, but need not be limited to: A description of the educational programs to be offered, the completion date for the project, an estimated budget for the operation of the facility, written commitments for participation from the districts that will participate in the school and an analysis of the effect of the program on the reduction of racial, ethnic and economic isolation. The commissioner shall notify the secretary of the State Bond Commission when the provisions of subdivisions (1) and (3) of this subsection have been met. Upon application to the Commissioner of [Education] Construction Services, compliance with the provisions of subdivisions (1) and (3) of this subsection and after authorization by the General Assembly pursuant to section 10-283, as amended by this act, the applicant shall be eligible to receive progress payments in accordance with the provisions of section 10-287i.

(c) (1) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the purchase or construction of the facility, the commissioner shall determine whether (A) title to the building and any legal interest in appurtenant land shall revert to the state, or (B) the school district shall reimburse the state an amount equal to the difference between the amount received pursuant to this section and the amount the district would have been eligible to receive based on the percentage determined pursuant to section 10-285a, as amended by this act, multiplied by the estimated eligible project costs. (2) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the extension or major alteration of the facility, the school district shall reimburse the state the amount determined in accordance with subparagraph (B) of subdivision (1) of this subsection. A school district receiving a request for reimbursement pursuant to this subdivision shall reimburse the state not later than the close of the fiscal year following the year in which the request is made. If the school district fails to so reimburse the state, the Department of [Education] Construction Services may withhold such amount from the total sum which is paid from the State Treasury to such school district or the town in which it is located or, in the case of a regional school district, the towns which comprise the school district. If the amount paid from the State Treasury is less than the amount due, the department may refer the matter to the Department of Administrative Services for collection.

(d) The commissioner shall provide for a final audit of all project expenditures pursuant to this section and may require repayment of any ineligible expenditures.

Sec. 61. Section 4-67g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

There is created a Bureau of Real Property Management within the Office of Policy and Management. Such office shall be responsible for: (1) Long-range planning with regard to the use of all state real property; (2) determining the level of efficiency of each and every state agency's use of any and all real property under its control; and (3) reviewing the inventory of state property maintained by the Commissioner of [Public Works pursuant to subdivision (6) of section 4b-1] Construction Services to determine the appropriate use of such properties.

Sec. 62. Section 4-77b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The estimates of expenditure requirements transmitted by the Commissioner of [Public Works] Construction Services to the Secretary of the Office of Policy and Management pursuant to section 4-77 and the appropriations recommended in the budget document transmitted by the Governor to the General Assembly pursuant to section 4-71 shall include an estimate of the amount required by the Department of [Public Works] Administrative Services for the leasing of additional facilities and an estimate of the amount required by the Department of Construction Services for the maintenance, including preventive maintenance, of facilities under the supervision, care and control of the [department] Department of Construction Services.

Sec. 63. Section 4-142b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The Department of Administrative Services shall provide staff support for the Office of the Claims Commissioner. The Claims Commissioner shall maintain a permanent office in Hartford County in such suitable space as the Commissioner of [Public Works] Administrative Services provides. All papers required to be filed with the Claims Commissioner shall be delivered to such office.

Sec. 64. Section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(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] Administrative Services, 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] Construction Services 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] Construction Services 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.

(b) On or before December first of each even-numbered year, the Commissioner of [Public Works] Administrative Services shall provide the Secretary of the Office of Policy and Management with a review of the plans and requests submitted pursuant to subsection (a) of this section for consistency with realistic cost factors, space requirements, space standards, implementation schedules, priority needs, objectives of the Commissioner of [Public Works] Administrative Services 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] Construction Services. 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] Construction Services, 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] Construction Services 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 the cost of such services is estimated to exceed one hundred 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 in the case of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, the cost of such services is estimated to exceed three hundred thousand dollars; (2) "consultant" means "consultant" as defined in section 4b-55; and (3) "consultant services" means "consultant services" as defined in section 4b-55. Any contracts entered into by the commissioner with any consultants for employment (A) for any project under the provisions of this section, (B) in connection with a list established under subsection (d) of section 4b-51, or (C) by task letter issued by the commissioner to any consultant on such list pursuant to which the consultant will provide services valued in excess of one hundred thousand dollars, 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] Construction Services pursuant to sections 4b-1, as amended by this act, 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 Developmental Services pursuant to subsection (d) of section 4b-3, as amended by this act. 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] Administrative Services shall monitor the amount of leased space being requested and the costs of all proposed and approved facility project actions and, in the case of space or facility projects for which bond funds were authorized, 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] Administrative Services 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] Administrative Services 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] Administrative Services 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.

Sec. 65. Section 4b-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

In the event that a public or special act authorizes the state acquisition of real property or the construction, improvement, repair or renovation of any facility, the Commissioner of [Public Works] Administrative Services, in accordance with the provisions of this title, may acquire such real property [or] and the Commissioner of Construction Services may provide design and construction services for any such construction, improvement, repair or renovation of such facility, or both if applicable.

Sec. 66. Section 4b-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) Not later than January 1, 2006, and annually thereafter, each awarding authority, other than a municipality, shall prepare a report on the status of [(1)] any ongoing project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds. [, or (2) any property management contract awarded by the Department of Public Works which has an annual value of one hundred thousand dollars or more.] Except for a school construction project, the awarding authority shall submit the report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to government administration and finance, revenue and bonding. The report shall be submitted in accordance with section 11-4a. The first report submitted after a contract is awarded shall indicate: [(A)] (1) When, where and how the request for bids was advertised; [(B)] (2) who bid on the projects; [(C)] (3) the provisions of law that governed the award of the contract and if there were any deviations from standard procedure in awarding the contract; [(D)] (4) the names of the individuals who had decision-making authority in awarding the contract, including, but not limited to, the individuals who served on any award panel; [(E)] (5) if an award panel was used, whether the recommendation of the panel was followed and, if applicable, the reason why such recommendation was not followed; [(F)] (6) whether the awarding authority has any other contracts with the contractor who was awarded the contract, and if so, the nature and value of the contract; and [(G)] (7) any provisions of law that authorized or funded the project.

(b) The University of Connecticut shall not be required to submit a report pursuant to this section for any project, as defined in subdivision (16) of section 10a-109c, that is undertaken and controlled by the university.

Sec. 67. Section 4b-135 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

[On or after July 1, 1999, the] The Commissioner of [Public Works] Administrative Services may not execute a new lease for use by a state agency, as defined in section 4b-130, as amended by this act, of any building or structure which is not occupied or possessed by the state at the time of execution of the lease unless (1) the owner or agent of the owner of the building or structure has had a security audit conducted for the building or structure, which in the commissioner's opinion is comparable to security audits conducted by the [commissioner] Commissioner of Construction Services under section 4b-133, as amended by this act, (2) (A) the [commissioner] Commissioner of Administrative Services, in consultation with the Commissioner of Construction Services, determines that the building or structure complies with the security standards established under section 4b-132, as amended by this act, or (B) such owner or agent has implemented the recommendations of the security audit which bring the building or structure into compliance with such security standards, and (3) such owner or agent agrees in the lease to maintain the security standards.

Sec. 68. Subsection (a) of section 10a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) Subject to state-wide policy and guidelines established by the Board of Governors of Higher Education, said board of trustees shall administer the regional community-technical colleges and plan for the expansion and development of the institutions within its jurisdiction and submit such plans to the Board of Governors of Higher Education for review and recommendations. The Commissioner of [Public Works] Administrative Services on request of the board of trustees shall, in accordance with section 4b-30, as amended by this act, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and said board of trustees may expend capital funds therefor, if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. The board of trustees may appoint and remove the chief executive officer of each institution within its jurisdiction, and with respect to its own operation the board may appoint and remove a chancellor and an executive staff. The board of trustees may determine the size of the executive staff and the duties, terms and conditions of employment of a chancellor and staff, subject to personnel guidelines established by the Board of Governors of Higher Education in consultation with said board of trustees, provided said board of trustees may not appoint or reappoint members of the executive staff for terms longer than one year. The board of trustees may employ the faculty and other personnel needed to operate and maintain the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. Said board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. Said board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff. The board shall establish a division of technical and technological education. The board of trustees shall confer such certificates and degrees as are appropriate to the curricula of community-technical colleges subject to the approval of the Board of Governors of Higher Education. The board of trustees shall with the advice of, and subject to the approval of, the Board of Governors of Higher Education, prepare plans for the development of a regional community-technical college and submit the same to the Commissioner of [Public Works] Construction Services and request said commissioner to select the site for such college. Within the limits of the bonding authority therefor, the [commissioner] Commissioner of Administrative Services, subject to the provisions of section 4b-23, as amended by this act, may acquire such site and the Commissioner of Construction Services may construct such buildings as are consistent with the plan of development approved by the Board of Governors of Higher Education.

Sec. 69. Section 10a-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The Board of Trustees for the Connecticut State University System, with the approval of the Governor and the Secretary of the Office of Policy and Management, may lease state-owned land under its care, custody or control to private developers for construction of dormitory buildings, provided such developers agree to lease such buildings to such board of trustees with an option to purchase and provided further that any such agreement to lease is subject to the provisions of section 4b-23, as amended by this act, prior to the making of the original lease by the board of trustees. The plans for such buildings shall be subject to approval of such board, the Commissioner of [Public Works] Construction Services and the State Properties Review Board and such leases shall be for the periods and upon such terms and conditions as the Commissioner of [Public Works] Administrative Services determines, and such buildings, while privately owned, shall be subject to taxation by the town in which they are located. The Board of Trustees for the Connecticut State University System may also deed, transfer or lease state-owned land under its care, custody or control to the State of Connecticut Health and Educational Facilities Authority for financing or refinancing the planning, development, acquisition and construction and equipping of dormitory buildings and student housing facilities and to lease or sublease such dormitory buildings or student housing facilities and authorize the execution of financing leases of land, interests therein, buildings and fixtures in order to secure obligations to repay any loan from the State of Connecticut Health and Educational Facilities Authority from the proceeds of bonds issued thereby pursuant to the provisions of chapter 187 made by the authority to finance or refinance the planning, development, acquisition and construction of dormitory buildings. Any such financing lease shall not be subject to the provisions of section 4b-23, as amended by this act, and the plans for such dormitories shall be subject only to the approval of the board. Such financing leases shall be for such periods and upon such terms and conditions that the board shall determine. Any state property so leased shall not be subject to local assessment and taxation and such state property shall be included as property of the Connecticut State University System for the purpose of computing a grant in lieu of taxes pursuant to section 12-19a.

Sec. 70. Subsection (a) of section 10a-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The Board of Trustees of the Connecticut State University System, with the approval of the Governor, the Commissioner of [Public Works] Administrative Services and the State Properties Review Board, may lease land or buildings under its care, custody or control to private developers for rental housing and commercial establishments. Such leases shall be for periods and upon such terms and conditions, including, but not limited to, provision for adequate liability insurance to be maintained by the lessee for the benefit of the state and rental terms, as may be determined by the Commissioner of [Public Works] Administrative Services and, in the case of a lease of land, may provide for the construction of buildings thereon to be used for rental housing and commercial establishments, the plans of which shall be subject to the approval of the board of trustees, the Commissioner of [Public Works] Construction Services and the State Properties Review Board. Said board of trustees may provide for water, heat and waste disposal services on a cost-reimbursement basis to such leased premises. Said board may designate the kinds of concessions for supplying goods, commodities, services and facilities to be permitted on such land and may select the permittees, or said board may delegate such functions to the private developers with which it contracts pursuant to this section.

Sec. 71. Subsection (y) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(y) The Deputy State Fire Marshal in the Division of Fire [, Emergency] and Building Services within the Department of [Public Safety] Construction Services;

Sec. 72. Subsection (a) of section 28-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) There is established an Office of State-Wide Emergency Telecommunications which shall be [in the Division of Fire, Emergency and Building Services] within the Department of Public Safety. The Office of State-Wide Emergency Telecommunications shall be responsible for developing and maintaining a state-wide emergency service telecommunications policy. In connection with said policy the office shall:

(1) Develop a state-wide emergency service telecommunications plan specifying emergency police, fire and medical service telecommunications systems needed to provide coordinated emergency service telecommunications to all state residents, including the physically disabled;

(2) Pursuant to the recommendations of the task force established by public act 95-318 to study enhanced 9-1-1 telecommunications services, and in accordance with regulations adopted by the Commissioner of Public Safety pursuant to subsection (b) of this section, develop and administer, by July 1, 1997, an enhanced emergency 9-1-1 program, which shall provide for: (A) The replacement of existing 9-1-1 terminal equipment for each public safety answering point; (B) the subsidization of regional public safety emergency telecommunications centers, with enhanced subsidization for municipalities with a population in excess of forty thousand; (C) the establishment of a transition grant program to encourage regionalization of public safety telecommunications centers; and (D) the establishment of a regional emergency telecommunications service credit in order to support regional dispatch services;

(3) Provide technical telecommunications assistance to state and local police, fire and emergency medical service agencies;

(4) Provide frequency coordination for such agencies;

(5) Coordinate and assist in state-wide planning for 9-1-1 and E 9-1-1 systems;

(6) Review and make recommendations concerning proposed legislation affecting emergency service telecommunications; and

(7) Review and make recommendations to the General Assembly concerning emergency service telecommunications funding.

Sec. 73. Section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

On and after January 1, 2006, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint from among such personnel not more than three lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service. The commissioner shall appoint not more than seven majors who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force. [The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at such employee's former rank, class or grade, whichever is applicable.] The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. State police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.

Sec. 74. Section 29-291 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

For the purposes of this part and any other statute related to fire prevention and safety, the Commissioner of [Public Safety shall] Construction Services shall appoint a person to serve as the State Fire Marshal. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to fire prevention and safety to any employee of (1) the Department of Public Safety, and (2) The University of Connecticut at Storrs Division of Public Safety, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff, as amended by this act.

Sec. 75. Section 29-302 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The local fire marshal shall, in accordance with the provisions of section 29-311, as amended by this act, investigate the cause, origin and circumstances of any fire or explosion within his jurisdiction, by reason of which property has been destroyed or damaged, or any person injured or killed, or any incidents which threatened any property with destruction or damage or any person with injury or death by reason of fire or explosion, and shall especially investigate whether such fire was the result of an incendiary device or the result of carelessness, design or any criminal act; and the [Commissioner of Public Safety as] State Fire Marshal, or the deputy fire marshal under his direction, may supervise and direct such investigation.

Sec. 76. Section 29-310 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The [Commissioner of Public Safety as] State Fire Marshal shall thoroughly investigate the cause, circumstances and origin of all fires or explosions to which his attention has been called, in accordance with the provisions of this part, by reason of which any property has been destroyed or damaged, or any person injured or killed, and shall especially examine and decide as to whether such fire was the result of carelessness, design, an incendiary device or any other criminal act. He may take the testimony under oath of any person supposed to be cognizant of or to have means of knowledge in relation to the matters as to which an examination is being made, and shall cause the same to be reduced to writing and filed in his office; and if, in his opinion, there is sufficient evidence to warrant that any person should be charged with the crime of arson or any other crime, he shall forthwith submit such evidence, together with the names of the witnesses and all other information obtained by him, to the proper prosecuting officer. He may, in any investigation, issue subpoenas for the purposes of summoning and compelling the attendance of witnesses before him to testify. He may administer oaths or affirmations to witnesses before him, and false swearing therein shall be perjury. He may, in the performance of his duties, enter, by himself or his assistants, into and upon the premises or building where any fire or explosion has occurred and premises thereto adjacent in accordance with the provisions of section 29-311, as amended by this act.

(b) Whenever it comes to his knowledge or to the knowledge of any local fire marshal that there exists in any building or upon any premises combustible material or flammable conditions dangerous to the safety of such building or premises or dangerous to any other building or property, or conditions that present a fire hazard to the occupants thereof, the [commissioner] State Fire Marshal, or any local fire marshal, obtaining such knowledge, shall order such material to be forthwith removed or such conditions remedied by the owner or occupant of such building or premises, and such owner or occupant shall be subject to the penalties prescribed by section 29-295 and, in addition thereto, shall suffer a penalty of one hundred dollars a day for each day of neglect, to be recovered in a proper action in the name of the state.

Sec. 77. Section 29-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The [Commissioner of Public Safety as] State Fire Marshal, any local fire marshal within the local fire marshal's jurisdiction, and all duly authorized fire and police personnel acting within their jurisdiction may enter into and upon any premises or building where any fire or explosion has occurred and premises adjacent thereto, without liability for trespass or damages reasonably incurred, to conduct investigations in accordance with sections 29-302 and 29-310, as amended by this act, under the following circumstances and conditions:

(1) During an emergency by reason of fire or explosion on any premises, they or any of them may, without a warrant, enter such premises during the suppression of the fire or explosion or within a reasonable period of time following the suppression thereof and remain for a reasonable period of time following the suppression of the fire or explosion to: (A) Investigate in order to determine the cause and origin of the fire or explosion, (B) prevent the intentional or unintentional destruction of evidence and (C) prevent a rekindling of the fire.

(2) After expiration of a reasonable period of time following the suppression of the fire or explosion, they or any of them shall apply in writing under oath to any judge of the Superior Court for a warrant to enter upon the premises to determine the cause and origin of the fire or explosion, if such cause or origin has not been previously determined. The application shall describe: (A) The premises under investigation, (B) the owner or occupant of the premises, if reasonably ascertainable, (C) the date and time the fire or explosion which is the subject of the investigation was reported to a police or fire agency, and (D) the dates and times during which the investigative activities to determine the cause and origin of such fire or explosion are to be conducted. The judge to whom an application for a warrant is made may issue such a warrant upon finding that the requirements of this subsection have been met, and that the proposed activities are a reasonable intrusion onto the private premises to determine the cause and origin of the fire or explosion.

(b) The [Commissioner of Public Safety as] State Fire Marshal shall, within available appropriations, provide quarterly reports to the Insurance Commissioner detailing all cases in which it has been determined that a fire or explosion was the result of arson.

Sec. 78. Sections 4d-4, 4d-17 and 10-283a of the general statutes are repealed. (Effective July 1, 2011)


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2011	51-44a(k)
Sec. 2	July 1, 2011	New section
Sec. 3	July 1, 2011	New section
Sec. 4	July 1, 2011	4-5
Sec. 5	July 1, 2011	4-38c
Sec. 6	July 1, 2011	4a-59a(b)
Sec. 7	July 1, 2011	4a-62(b)
Sec. 8	July 1, 2011	4a-100(k) and (l)
Sec. 9	July 1, 2011	4b-3
Sec. 10	July 1, 2011	4b-15(a)
Sec. 11	July 1, 2011	4b-136(a)
Sec. 12	July 1, 2011	4d-90(a)
Sec. 13	July 1, 2011	4e-8
Sec. 14	July 1, 2011	10-292(d)
Sec. 15	July 1, 2011	16a-35c(b)
Sec. 16	July 1, 2011	22a-26a
Sec. 17	July 1, 2011	22a-354i(b)
Sec. 18	July 1, 2011	31-57c(c)
Sec. 19	July 1, 2011	31-390
Sec. 20	from passage	46a-68
Sec. 21	from passage	10a-11
Sec. 22	from passage	46a-54(17)
Sec. 23	from passage	46a-82
Sec. 24	from passage	46a-68a
Sec. 25	July 1, 2011	New section
Sec. 26	July 1, 2011	New section
Sec. 27	July 1, 2011	4d-1
Sec. 28	July 1, 2011	4d-2
Sec. 29	July 1, 2011	4d-7
Sec. 30	July 1, 2011	4d-8
Sec. 31	July 1, 2011	4d-9
Sec. 32	July 1, 2011	4d-12
Sec. 33	July 1, 2011	4d-45(a)
Sec. 34	July 1, 2011	4d-80(a)
Sec. 35	July 1, 2011	4e-13(c)
Sec. 36	July 1, 2011	10a-151b(a)
Sec. 37	July 1, 2011	14-42a
Sec. 38	July 1, 2011	19a-25e
Sec. 39	July 1, 2011	New section
Sec. 40	July 1, 2011	4b-1
Sec. 41	July 1, 2011	New section
Sec. 42	July 1, 2011	New section
Sec. 43	July 1, 2011	New section
Sec. 44	July 1, 2011	4b-11
Sec. 45	July 1, 2011	20-330(10)
Sec. 46	July 1, 2011	29-250
Sec. 47	July 1, 2011	29-315a
Sec. 48	July 1, 2011	10-282(8)
Sec. 49	July 1, 2011	10-283
Sec. 50	July 1, 2011	10-283b
Sec. 51	July 1, 2011	10-284
Sec. 52	July 1, 2011	10-285a
Sec. 53	July 1, 2011	10-285b
Sec. 54	July 1, 2011	10-285e
Sec. 55	July 1, 2011	10-285h
Sec. 56	July 1, 2011	10-286
Sec. 57	July 1, 2011	10-286f
Sec. 58	July 1, 2011	10-292e
Sec. 59	July 1, 2011	10-287c
Sec. 60	July 1, 2011	10-264h
Sec. 61	July 1, 2011	4-67g
Sec. 62	July 1, 2011	4-77b
Sec. 63	July 1, 2011	4-142b
Sec. 64	July 1, 2011	4b-23
Sec. 65	July 1, 2011	4b-76
Sec. 66	July 1, 2011	4b-101a
Sec. 67	July 1, 2011	4b-135
Sec. 68	July 1, 2011	10a-72(a)
Sec. 69	July 1, 2011	10a-90
Sec. 70	July 1, 2011	10a-91(a)
Sec. 71	July 1, 2011	5-198(y)
Sec. 72	July 1, 2011	28-24(a)
Sec. 73	July 1, 2011	29-4
Sec. 74	July 1, 2011	29-291
Sec. 75	July 1, 2011	29-302
Sec. 76	July 1, 2011	29-310
Sec. 77	July 1, 2011	29-311
Sec. 78	July 1, 2011	Repealer section

Statement of Legislative Commissioners:

Technical changes were made in sections 24, 26, 39, 41, 56, 61 and 67 for internal consistency and proper form.

GAE

Joint Favorable Subst.-LCO

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Agency Affected	Fund-Effect	FY 12 $	FY 13 $
Various State Agencies	GF - Savings	3,497,706	3,316,331
State Comptroller - Fringe Benefits	GF - Savings	229,800	497,200
Education, Dept.	GF - See Below	See Below	See Below

Note: GF=General Fund

Municipal Impact:

Municipalities	Effect	FY 12 $	FY 13 $
Local & Regional Boards of Education	See Below	See Below	See Below

Explanation

The bill establishes a Department of Construction Services (DCS), with the central mission of constructing and developing state-owned buildings and real estate. This is accomplished by transferring certain functions of the Department of Public Works (DPW), Department of Public Safety (DPS), and State Department of Education (SDE). The bill also makes changes to the school construction grant program.

The bill expands the responsibilities of the Department of Administrative Services. This is accomplished by transferring certain functions of the DPW, Department of Information Technology (DOIT), Commission on Human Rights and Opportunities (CHRO), and Judicial Selection Commission (JSC).

The Governor's budget assumes personnel and other operating savings of $3,497,706 in FY 12 and $3,316,331 in FY 13 and fringe benefit savings of $229,800 in FY 12 and $497,200 in FY 13 related to these consolidations. These savings include:

1. $1,428,706 in FY 12 and $1,376,527 in FY 13 by reducing expenses and eliminating 13 DPW positions;

2. No savings are associated with the transfer of the Division of Fire and Building Services from DPS to DCS;

3. $102,992 in FY 12 and $99,177 in FY 13 associated with one SDE position;

4. $1,872,694 in FY 12 and $1,750,007 in FY 13 by reducing expenses and eliminating nine DOIT positions;

5. No savings associated with the transfer of three CHRO positions to DAS;

6. $93,314 in FY 12 and $90,620 in FY 13 associated with the elimination of one JSC position, as well as equipment and operational costs.

The Governor's budget includes the following transfers consisting of personnel and operating expenses that support the consolidated functions:

1. Fourteen positions and $4,128,802 in FY 12 and $4,087,909 in FY 13 from DPW to DCS;

2. Sixty-one positions and $4,431,895 in FY 12 and $4,272,195 in FY 13 from DPS to DCS.

3. Nine positions and $762,283 in FY 12 and $737,563 in FY 13 from SDE to DCS.

4. One hundred and five positions and $53,335,358 in FY 12 and $53,389,265 in FY 13 from DPW to DAS;

5. One hundred and eighty-two positions and $37,279,558 in FY 12 and $36,730,324 in FY 13 from DOIT to DAS;

6. Three positions and $218,827 in FY 12 and $217,472 in FY 13 from CHRO to DAS;

7. No positions or funding is transferred from JSC to DAS.

School Construction

The bill makes numerous changes to the school construction grant program identified below:

Section 49 reduces from twice to once the number of times that districts can request cost changes. It is anticipated that this will result in a minimal savings to the state and minimal revenue loss to various municipalities (associated with a reduced school construction reimbursement level from the state). It is anticipated that school districts will wait until later into the project cycle to use the one change request.

Sections 50, 53, 55, 58-59 are technical and not anticipated to result in a fiscal impact.

Section 51 adds regional construction costs per square foot as a factor when reviewing projects for approval. It is anticipated that this will have a minimal fiscal impact as: (1) the Bureau of School Facilities currently reviews proposed projects on both a cost per square foot and cost per enrollment basis, and (2) districts will either design future projects to the maximum rates or will justify their circumstances for exceeding those rates.

Section 51 also requires projects to be cancelled by April 12, 2012 if construction has not yet begun. It is anticipated that this will not have a significant fiscal impact as districts will move the projects along commensurate with the deadline.

However, there are approximately 40 projects that, by statute, have a construction start date of June 2012. It is unclear if these 40 projects would be cancelled and subjected to the new rates. If they were cancelled, there will be a significant cost savings to the state and a corresponding revenue loss to various municipalities. This savings could be offset by delays which would lead to higher costs due to inflation if the projects eventually are authorized.

Section 52 eliminates attorney's fees and court costs related to litigation as eligible expenditures. The fiscal impact of this change is indeterminate, as SDE currently does not track costs related to this. However, since attorney's fees and court costs are generally associated with site acquisition, it is anticipated that the impact to municipalities would be minimal.

Additionally, Section 52 changes the state reimbursement rate to municipalities for eligible costs, from a scale of 20-80 percent to a new scale of 15-65 percent. This change will result in a significant savings to the state and a corresponding revenue loss to municipalities. It is estimated that municipalities would lose between $5,000 and $15,000 per $100,000 of eligible construction costs, and this revenue loss would be passed onto the state as savings.

Section 54 eliminates reimbursement for lease costs. There are very few lease costs incurred. Usually, lease costs are associated with renovation projects, as schools require swing space. Currently, when districts seek to include leasing of space their request is capped, based on regional lease cost rates established by the Department of Public Works. Eliminating reimbursement for lease costs could result in one of two outcomes: (1) a minimal savings to the state and a corresponding revenue loss to municipalities or (2) districts would have increased project costs by purchasing the space rather than leasing, which would result in a cost to the state and a corresponding revenue increase to various municipalities.

Section 56 replaces the eight year highest projected enrollment with the ten year average of past enrollment. The effect of this change of the cost of construction is indeterminate.

Additionally, Section 56 eliminates funding for administrative facilities. This provision would result in a cost savings to the state and a corresponding revenue loss to municipalities. Currently, the state reimburses districts at one-half their regular construction rate. There have been 7 public school administrative projects authorized since June of 2005, with state grants ranging from $13,200 to $1.3 million with the average being $375,000.

Section 56 eliminates state reimbursement for roofs newer than 20 years of age. This provision would result in a cost savings to the state and a corresponding revenue loss to municipalities. Currently, there is partial reimbursement for roofs between 15 to 20 years old. Since this legislation was enacted, there have been 56 roof projects that were between 15 and 20 years old for a total state contribution of $2.2 million, with an average grant of $39,200 (the largest grant was $214,000).

Additionally, Section 56 provides for green roofs and HVAC to be counted under the renovation rules which means the higher (20 to 80 percent) rate and no ineligibles. This provision would result in a savings to the state and a corresponding revenue loss to municipalities. There have been 111 roof replacement projects authorized since June of 2005 with a total state grant of $37.8 million. These same projects under the 15 to 65% range would have saved the state $6.8 million. Additionally, this provision would add another $6.9 million to the state grant as the normally ineligible costs would be reimbursable under a renovation project, which would correspondingly result in a revenue gain to municipalities.

Currently, professional and consulting fees cannot increase as a result of increased prices for construction materials. Section 57 would allow project management or construction management to increase as a result of rising material costs. It is anticipated that this would increase costs to the state and increase revenue to municipalities, the impact is indeterminate.

Section 60 reduces state commitment to magnets from 95% to 80%. It is estimated, that based on total magnet projects authorized from 2007 through the current priority list, the reduction would result in a cost savings to the state of approximately $6 to $7 million per school.

Additionally, Section 60 eliminates the Connecticut Science Center (CSC) from receiving a state grant commitment for purposes of school construction. This would result in a savings to the state. There have been three projects associated with the CSC: (1) a state grant of $15,200,000, in FY 07 to assist with the construction; (2) a state grant of $2,783,500, in FY 10 for a fuel cell; and (3) on the current priority list, a request for a state grant of $1,425,000 to complete internal construction of the remaining display areas.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, and subject to the number and cost of school construction projects that are approved.

OLR Bill Analysis

sSB 1010

SUMMARY:

This bill dissolves the Department of Public Works (DPW) and establishes a Department of Construction Services (DCS) for purposes of construction, construction management, and security management. It makes the DCS commissioner, rather than the DPW commissioner, responsible for constructing and developing state-owned buildings and real estate. It generally shifts all other DPW duties to the Department of Administrative Services (DAS) (see COMMENT). Under the bill, the DAS commissioner is responsible for acquiring, selling, and leasing state-owned property to house state offices and equipment.

The bill also:

1. transfers, from the Department of Public Safety (DPS) to DCS, responsibility for enforcing the Fire Safety Code and the State Building Code and

2. transfers, from the State Department of Education (SDE) to DCS, responsibility for reviewing and approving school construction grant applications.

With these changes, the bill transfers to DCS the corresponding personnel powers, duties, obligations, and other government functions of each transferring agency or division, whichever applies.

In addition, it:

1. reduces state school construction grant reimbursement rates for new construction and restricts eligible project costs, among other changes to that process;

2. dissolves the Department of Information Technology (DOIT), establishes it as a division within DAS, and eliminates the chief information officer (CIO) as its designated department head;

3. transfers, from the Commission on Human Rights and Opportunities (CHRO) to DAS, responsibility for approving and monitoring state agency affirmative action plans, exempts agencies with 25 or fewer employees from filing these plans, and changes the plans' contents; and

4. places the Judicial Selection Commission within DAS, but specifies that it retains independent decision-making authority and that DAS must provide the commission with support staff (§ 1).

The bill also makes minor, technical, and conforming changes.

EFFECTIVE DATE: July 1, 2011, except the provisions concerning affirmative action plans and diversity training, which are effective upon passage.

§§ 2-19, 39-40, 42, & 61-70 — DEPARTMENT OF PUBLIC WORKS DISSOLUTION

The bill dissolves DPW and transfers its personnel powers, duties, obligations, and other government functions that do not relate to construction or construction management to DAS beginning July 1, 2011. Under the bill, the DAS commissioner generally assumes responsibility for (1) purchasing, selling, leasing, subleasing, and acquiring property for state agencies and (2) surplus state property disposition.

On the same date, the bill establishes DCS as an independent executive branch agency headed by a commissioner with the authority to, among other things, designate a deputy or deputies. DCS is a successor department to (1) DPW with respect to the construction and maintenance of state buildings and property and (2) the DPS Division of Fire, Emergency, and Building Services with respect to fire safety and building code enforcement. DCS also assumes SDE's responsibilities for school construction projects.

Under the bill, DCS assumes DPW's construction-related functions, which generally include (1) administering most state capital improvement construction and planning projects and (2) selecting consultants to assist on these projects.

Care and Control of State Property

The bill appears to give DCS care and control of most state property. However, with respect to surplus property disposition, the bill provides for agencies with surplus property to transfer care and control of such property to DAS and not DCS.

The bill also appears to give DPS control of state police property in Hartford. Under current law, DPW has care and control of most state property in Hartford, including state police property. However, the bill also provides for DCS to assume from DPW care and control of property in Hartford. It is thus unclear whether this would include state police property.

Security Standards

With respect to the Freedom of Information Act, the bill provides for DAS to make certain determinations concerning the security risk associated with disclosing certain records, even though the bill transfers DPW's security responsibilities to DCS.

The bill also requires DAS to be familiar with security standards developed by DCS. It prohibits DAS from executing a new lease unless (1) it determines that a security audit was conducted that was comparable to audits conducted by DCS, (2) it determines, in consultation with DCS, that the building meets DCS's security standards, or (3) the building's owner has implemented recommendations from the security audit (this provision is in current law). Under current law, DPW makes these determinations and is responsible for security standards and audits.

State Facilities Plan

The bill requires state agencies to submit a copy of their long-range facilities plans and related facility project requests to DAS. It requires DAS to (1) give the Office of Policy and Management (OPM) Secretary a review of such plans for consistency with certain factors, including the need for maintenance, improvement, and replacement of state facilities and (2) monitor the amount of leased space being requested and the costs of all proposed and approved facility project actions.

The bill provides for DCS to (1) assist agencies and departments with such long-range facilities planning and (2) implement the state facilities plan, including the approval of agencies' implementation actions. But the bill does not authorize DCS to request the attorney general's assistance in contract negotiations concerning the construction of real estate, which DPW can currently do.

DCS is responsible for implementing the state facilities plan, including trying to locate human service agencies in the same buildings as municipal and private agencies that provide human services. If the plan provides for an agency located in Hartford to relocate outside of the city, the bill allows the governor, at the agency's request and with the Finance Advisory Committee's consent, to transfer to the agency appropriations made to DCS for rents and moving in order to facilitate the move. Currently, the money is taken from DPW's appropriations. The bill also requires an estimate of the amount DAS needs for leasing additional facilities to be included in DCS's budget request, not DAS's.

§§ 20-24 — AFFIRMATIVE ACTION PLANS AND TRAINING

The bill transfers, from CHRO to DAS, responsibility for reviewing, approving, and monitoring state agency affirmative action plans. (State agencies include departments, boards, and commissions). It also decreases how frequently certain agencies must file their affirmative action plans and exempts others. However, CHRO remains responsible for state contractors' and bidders' affirmative action plans.

Under current law, agencies with more than 20 full-time employees file their plans annually if they have already had a plan approved by CHRO and semi-annually if they have not. Agencies with 20 or fewer full-time employees file biennially if they have already had a plan approved and annually if they have not.

Under the bill, only agencies with 100 or more full-time employees file semi-annually or annually, depending on the existence of previously approved plans. Agencies with between 26 and 99 full-time employees file biennially (unless the plan is not approved, in which case DAS may require that it be resubmitted until it is). Those with 25 or fewer full-time employees are exempt from the filing requirement.

The bill also:

1. requires agencies with 100 or more full-time employees to file their semi-annual plans with DAS electronically, while annual plans are filed in a manner prescribed by DAS, and

2. reduces the frequency with which CHRO and the Permanent Commission on the Status of Women must train affirmative action officers (the bill renames such officers as equal employment opportunity ((EEO) officers) on state and federal discrimination laws).

Beginning October 1, 2011, the bill reduces training for EEO officers from (1) 10 to five hours during their first year of service and (2) five to three hours every two, rather than one, year thereafter. It also specifies that such officers are only responsible for investigating internal discrimination complaints made against an agency.

Affirmative Action Plan Development

By law, all state agencies and most state contractors and bidders must develop and implement an affirmative action plan. Under current law, state agencies must develop such plans in cooperation with CHRO and in accordance with its regulations. CHRO must provide training and technical assistance on the plans' development and implementation to affirmative action officers in these entities. The plans must (1) ensure compliance with applicable state and federal laws; (2) provide for equal employment opportunities; and (3) comply with a number of nondiscrimination statutes, including career enhancement training.

The bill alters the plans' contents. Instead of the above, the plans must describe agencies' efforts to (1) provide equal employment opportunities and (2) comply with state and federal nondiscrimination laws. The plans must include race, gender, occupational category, and age data for all full-time employees.

The bill eliminates the requirements for (1) state agencies to cooperate with CHRO and follow its regulations when developing a plan and (2) CHRO to train agencies' affirmative action officers.

The bill also eliminates a requirement for state agencies to demonstrate in their affirmative action plans their compliance with diversity training and education requirements. However, agencies remain responsible for providing this information in an annual report to CHRO.

Approval and Monitoring

The bill transfers, from CHRO to DAS, responsibility for (1) approving and monitoring state agencies' affirmative action plans, (2) issuing certificates of noncompliance to agencies that do not have an approved plan, and (3) submitting an annual report to the governor and General Assembly on the results of the affirmative action plans.

By law, a state agency's affirmative action plan must be approved, conditionally approved, or disapproved within 90 days of its submission. If no action is taken within 90 days, the plan is considered approved. CHRO may issue a certificate of noncompliance to agencies with disapproved plans.

With certain exceptions, agencies that receive the noncompliance certificate may not fill a position or position classification by hire or promotion. Under current law, these exceptions are (1) CHRO determines that the agency has achieved compliance, (2) the noncompliant agency requests a hearing during which CHRO is unable to show why the certificate should not be rescinded, or (3) the DAS commissioner and the OPM secretary certify to CHRO that the position must be filled immediately because of an emergency.

The bill (1) makes DAS, not CHRO, responsible for determining that an agency has achieved compliance and for conducting hearings requested by noncompliant agencies and (2) requires the OPM secretary to certify to the DAS commissioner, not CHRO, if a position must be filled immediately. The bill allows DAS to adopt regulations governing noncompliance; current law requires CHRO to adopt such regulations.

The bill removes from CHRO any involvement in ensuring that the State Personnel Act and personnel regulations are administered and collective bargaining conducted consistently with affirmative action requirements. Under current law, the DAS commissioner and OPM secretary have this responsibility but must exercise it in cooperation with CHRO.

Complaints

The bill also eliminates CHRO's authority to issue a complaint if a state agency (1) fails to submit an affirmative action plan or (2) submits one that violates certain state laws. The bill does not transfer this authority to DAS. Thus, there appear to be no consequences if any agency fails to file a plan or files a flawed plan.

§§ 25-38 — DOIT

The bill (1) dissolves DOIT and establishes it as a division within DAS, which becomes its successor agency and (2) eliminates the CIO position. Beginning July 1, 2011, DAS assumes DOIT's personnel powers, duties, obligations, and other government functions. Among other things, the bill makes the DAS commissioner, rather than the CIO, responsible for:

1. developing and updating an annual information and telecommunications (IT) strategic plan;

2. identifying and implementing telecommunication systems to efficiently service state agencies and opportunities for reducing costs associated with these systems;

3. approving or disapproving state agency acquisition of hardware and software;

4. approving or disapproving state agency requests or proposed contracts for IT systems consultants;

5. purchasing, leasing, or contracting for telecommunication system facilities, equipment, and services for Executive Branch agencies other than the constitutional offices; and

6. serving on the Geospatial Information Systems Council (see COMMENT).

Under the bill, DAS does not inherit the CIO's responsibility to develop (1) and implement an integrated set of IT policies for state agencies and (2) a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, and management of IT systems.

The bill removes the requirements that the strategic plan include (1) direction for state agencies to collect, store, manage, and use information in an efficient manner; (2) a comprehensive information policy for state agencies; and (3) a policy concerning the infusion of new technology for state agency IT systems. It requires the strategic plan to be developed in accordance with the policies established by OPM, but it is unclear what those policies are. The bill also repeals a requirement for professional development for the state's IT professionals.

§§ 41, 44-47 & 71-77 — DIVISION OF FIRE AND BUILDING SERVICES

The bill transfers, from DPS to DCS, most of the Division of Fire, Emergency, and Building Services and its functions and renames it the Division of Fire and Building Services. It makes DCS responsible for enforcing the Fire Safety Code and the State Building Code by transferring the division's offices of the State Fire Marshal and the State Building Inspector to DCS. The bill also transfers, from DPS to DCS, responsibility for adopting regulations concerning building demolition and the licensure of persons engaged in such business.

Under the bill, the heads of the two transferring offices report to the DCS commissioner rather than the head of the division. The bill also eliminates a provision under which the State Building Inspector serves as the administrative head of the Office of the State Building Inspector. The bill allows the DCS commissioner to appoint a deputy commissioner to lead the division but eliminates the requirement for the deputy commissioner to be a civilian.

The bill removes the Office of State-Wide Emergency Telecommunications from the division, thus keeping that office in DPS. However, the bill gives DCS some authority over emergency telecommunications. This authority includes (1) the development of regulations concerning public and private safety answering points and municipal enhanced 9-1-1 service utilization plans and (2) decisions concerning the use of the Enhanced 9-1-1 Telecommunications Fund's resources.

State Building Inspector

The bill transfers the Office of the State Building Inspector from DPS to DCS. The office's responsibilities include (1) the adoption, administration, and interpretation of the State Building Code and (2) licensure of municipal building officials.

The Office of the State Building Inspector also oversees elevators, escalators, and boilers. However, current law, unchanged by the bill, provides for the DPS Commissioner to retain his or her responsibilities in these areas. These responsibilities include, among other things, (1) adopting regulations, (2) hearing and adjudicating appeals of the building inspector's decisions, (3) investigating elevator and escalator accidents, and (4) commissioning boiler inspectors. The bill does not address how these functions would be affected by moving the building inspector's office to DCS.

State Fire Marshal

The bill transfers the State Fire Marshal's Office from DPS to DCS. Under current law, the DPS commissioner or a member of the State Police to whom he or she delegates powers is the state fire marshal. The bill instead requires the DCS commissioner to appoint the state fire marshal (see COMMENT).

The bill eliminates the deputy state fire marshal as a statutory position. However, it retains the position in the list of those exempted from classified service and refers to the deputy fire marshal as having the same powers as the state fire marshal with respect to investigating of fires and explosions.

The fire marshal is responsible for, among other things:

1. adopting and administering the State Fire Prevention Code and Fire Safety Code;

2. certifying local fire marshals, deputy fire marshals, fire inspectors, and investigators;

3. hearing and adjudicating complaints against local fire marshals, deputy fire marshals, and fire inspectors;

4. abating fire hazards;

5. investigating fires and explosions;

6. approving fire extinguishing systems;

7. regulating oil burners;

8. regulating (a) flammable and combustible liquids, (b) liquefied petroleum gas, (c) hazardous chemicals, (d) explosives and blasting agents, and (e) fireworks, including storage, use, transportation, and transmission, as applicable;

9. regulating the installation and operation of gas equipment and gas piping; and

10. overseeing the sale and testing of cigarettes.

While the bill transfers the responsibility for regulating fireworks from DPS to DCS, it retains a requirement for DPS to define the term “pyrotechnics.” Additionally, under current law, unchanged by the bill, DPS appears to retain responsibility for regulating rockets. The bill also retains a requirement for people keeping and storing explosives to report to DPS instead of DCS.

§§ 39, 43, 48-60, & 78 — STATE SCHOOL CONSTRUCTION PROJECTS

Under the bill, DCS assumes responsibility from SDE for the school construction grant process, which involves reviewing and approving school building project grant applications from local and regional boards of education.

The bill also makes numerous changes to the grant process. Among other things, it:

1. requires the governor to review and approve the priority list of proposed school construction projects before it is submitted to the legislature and changes the submission date from December 15 to the date the governor submits the state budget;

2. eliminates reimbursement for portable classrooms, even under accelerated procedures for code violations;

3. eliminates the special legislative committee that reviews school construction projects and transfers its duties and responsibilities to the Education Committee;

4. authorizes DCS to reject applications whose estimated cost exceeds the cost per square foot cost for the geographical area, which the commissioner determines;

5. requires the commissioner to cancel existing grant commitments for projects that do not begin construction by April 1, 2012, but allows towns and districts to reapply for the project;

6. for applications made on or after July 1, 2011, reduces the reimbursement rate for new construction, from 20% to 80% of eligible costs to 15% to 65% of these costs, while continuing the 20% to 80% reimbursement rate for renovations;

7. reduces, from 85% to 65%, the maximum reimbursement percentage for which incorporated or endowed high schools are eligible;

8. for projects authorized on or after July 1, 2011, eliminates attorney's fees and court costs related to litigation as eligible project costs;

9. eliminates reimbursement for leasing as an eligible project cost;

10. for purposes of determining project costs eligible for state reimbursement, changes how districts must calculate enrollment and bases the calculation on average student growth rate during the prior 10-year period rather than on the highest projected enrollment in the coming eight years starting from the date the district notifies the state of the project;

11. sets a maximum cost per square foot, which the DCS commissioner establishes, allows the commissioner to reject applications with estimated construction costs that exceed the standard, and reimburses towns based on the standard;

12. makes roof replacement and heating ventilation or air conditioning system projects eligible for 20% to 80% reimbursement if they provide greater energy efficiency or reduces heating costs.

13. exempts project management and construction management fees from the prohibition against increases in school construction project professional or consulting fees;

14. reduces the reimbursement rate for interdistrict magnet schools from 95% to 80% of eligible costs; and

15. eliminates the ability of the Connecticut Science Center, Inc. to qualify for school construction grants on the same basis as an interdistrict magnet school.

Beginning July 1, 2012, the bill (1) limits, from two to one, the number of times the legislature may reauthorize grant increases for projects that change in scope by more than 10% and (2) eliminates funding for board of education administrative and service facilities, which are currently reimbursed at one-half the district's regular rate.

Education-Related Duties Transferred to DCS

The bill authorizes DCS to make certain decisions that appear to be more education- than construction-related. For instance, in the case of a pilot program for developing a facility to be used as a state charter school, the bill allows DCS to waive charter school enrollment limits. It also allows DCS to determine the number of gross square feet per pupil that is adequate for the kind of educational program or programs intended for a facility.

If a building ceases to be used as a charter school, current law, unchanged by the bill, requires SDE to determine whether title to the building and any legal interest in related land revert to the state. However, in the case of an interdistrict magnet school, under the bill DCS makes this determination, and DCS, not SDE, must develop a comprehensive statewide interdistrict magnet school plan.

The bill also transfers, from SDE to DCS, the ability to require a school district to repay a grant that was provided for an interdistrict magnet school facility. If the district does not reimburse the state, the bill appears to allow DCS to withhold the district's non-construction state aid (see COMMENT).

SDE appears to retain authority to determine which construction projects qualify as “Sheff” magnet schools. Such projects are those that, in the commissioner's opinion, assist the state in meeting the goals of the 2008 stipulation and order in the Sheff case. However, the bill is inconsistent in this respect because, in some places, it appears to give this authority to DCS (see COMMENT). For example, it requires DCS to determine which grant applications for interdistrict magnet schools would reduce racial, ethnic, and economic isolation.

School Construction-Related Duties Not Transferred to DCS

There are a number of school construction-related duties that the bill does not transfer from SDE to DCS. Under the bill, SDE (or the State Board of Education, as appropriate) remains responsible for, among other things:

1. establishing standards, requirements, and school building priorities;

2. requiring renovation projects to meet the same state and federal codes and regulations as are required for alteration projects;

3. granting waivers from required acoustical standards;

4. certifying dates and amounts of grant payments;

5. reviewing and approving certain interest rates;

6. determining whether certain orders or contracts are of an emergency nature;

7. determining whether a building project has not met the approved conditions of the original application, in which case the State Board of Education may withhold subsequent grant payments or require repayment of grants previously made;

8. withholding 10% of the state's reimbursement if a town or regional school district fails to submit its final grant application on time;

9. issuing hardship grants to towns or districts unable to finance a project;

10. approving the relocation or replacement of agricultural science and technology education centers;

11. approving cooperative regional special education facilities;

12. collecting, publishing, and distributing information on procedures for school building committees, building methods and materials suitable for school construction, and on relevant educational methods, requirements, and materials;

13. not requiring code compliance improvements in a part of a school building unaffected by a renovation; and

14. auditing and withholding interest subsidy grant payments.

Generally, the bill is ambiguous regarding DCS's relationship to the State Board of Education. For example, while the bill authorizes DCS to adopt regulations concerning school construction grants, it also maintains the State Board of Education's authority to do so. The bill thus gives two different entities the authority to separately adopt regulations for the same set of statutes.

Additionally, there are several instances where it is unclear whether DCS or SDE has a particular responsibility; the bill simply refers to “the commissioner” without specifying which commissioner. In some of these cases, as in the “Sheff” magnet schools described above, the bill could be interpreted as making one department responsible for something that appears more appropriately suited for the other department.

BACKGROUND

Related Bill

sHB 6385, reported favorably by the Education Committee to the Appropriations Committee, also addresses school construction grants but maintains SDE's authority over the process.

COMMENT

Inconsistencies with respect to DAS and DCS

There are several instances where the bill is inconsistent in terms of the respective public works-related roles and responsibilities of DAS and DCS. In Section 40, it appears that several DPW functions do not transfer to DCS, including (1) maintaining an inventory of all state-owned or -leased properties and premises, (2) supervising the care and control of certain buildings and grounds, and (3) establishing and maintaining security standards for most state facilities. However, in other sections (e.g., Section 39), the bill appears to provide for DCS to have these responsibilities.

It also appears to allow DCS to publicly disclose State Properties Review Board decisions regarding state facility needs (see § 64). However, it also provides that only the DAS commissioner can authorize the disclosure of an agency's real estate needs or interests (§ 3).

DAS Commissioner Performing CIO Duties

Although the bill (§ 25) requires the DAS commissioner to assume all of the duties and responsibilities of the CIO, including service on the Geospatial Information Systems Council, the commissioner is not added as a council member in Section 12.

Fire Marshal Duties

The bill (§ 74) permits the DCS Commissioner to delegate to any DPS employee any powers associated with fire hazards and enforcement and regulation of the state fire prevention and safety codes.

SDE and DCS Inconsistencies

The bill is inconsistent as to whether SDE or DCS determines which construction projects qualify as “Sheff” magnet schools. For example, Section 49 provides for both SDE and DCS to make the determination (this issue is also present in Section 60).

Under current law, unchanged by the bill, SDE is responsible for non-construction state aid (i.e., education cost-sharing (ECS) grants) to school districts. However, if a district abandons an interdistrict magnet school facility and is required to reimburse the state, in Section 60 the bill appears to allow DCS to withhold ECS funds. It is unclear how DCS could accomplish this.

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable

Yea

Nay

(03/23/2011)

TOP

File No. 434