Connecticut Seal

General Assembly

File No. 620

    January Session, 2017

Substitute Senate Bill No. 991

Senate, April 13, 2017

The Committee on Government Administration and Elections reported through SEN. FLEXER of the 29th Dist. and SEN. MCLACHLAN, M., of the 24th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

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

Section 1. Subsection (j) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(j) The commission, in consultation with the Judicial Department, shall adopt rules as it deems necessary for conduct of its internal affairs, including, but not limited to, rules that provide for: (1) The provision of timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15; (2) the provision of services to persons with limited English proficiency; (3) the provision of services to persons who are deaf or hearing impaired; and (4) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document. The commission shall adopt regulations, in accordance with the provisions of chapter 54, for the application and investigation requirements for filling vacancies in the position of state marshal.

Sec. 2. Subsections (f) to (h), inclusive, of section 4b-21 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(f) If the municipality declines or is deemed to have declined the conveyance of the property, the Commissioner of Administrative Services may sell, exchange or lease, or enter into agreements concerning, such land, improvement, interest or part thereof, after [(1) notifying (A) the municipality or municipalities in which such land, improvement or interest is located, (B) the members of the General Assembly representing such municipality or municipalities, (C) the regional planning organization, as defined in section 4-124i, of the region where the land, improvement or interest is located, (D) the Connecticut Economic Resource Center, and (E) any potential developer of an incentive housing development, as defined in section 8-13m, who has registered with the Commissioner of Housing to be notified of any such state surplus land, and (2) obtaining the approval of (A) the Secretary of the Office of Policy and Management, (B) the State Properties Review Board, and (C) the joint standing committees of the General Assembly having cognizance of matters relating to (i) state revenue, and (ii) the purchase and sale of state property and facilities, and (3) if such land, improvement, interest or part thereof was purchased or improved with proceeds of tax-exempt obligations issued or to be issued by the state, obtaining the approval of the Treasurer. The Treasurer may disapprove such a transaction only if the transaction would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status. If a proposed agreement for such a conveyance has not been submitted to the State Properties Review Board within one year after the Commissioner of Administrative Services provides such notice to such municipality and such members of the General Assembly, or if the board does not approve the proposed agreement within two years after such notice, the Commissioner of Administrative Services may not convey such land, improvement or interest without again so notifying such municipality and such members of the General Assembly.] complying with the requirements set forth in subsections (g) to (i), inclusive, of this section and using the method of conveyance determined by the Commissioner of Administrative Services to serve the best interests of the state. In making such determination, the commissioner shall consider offering the property to abutting landowners before offering the property for general sale.

(g) Prior to selling, exchanging or leasing, or otherwise entering into agreements concerning such property, the commissioner shall notify (1) the municipality or municipalities in which such land, improvement or interest is located, (2) the members of the General Assembly representing such municipality or municipalities, (3) the regional planning organization of the region where the land, improvement or interest is located, (4) the Connecticut Economic Resource Center, and (5) any potential developer of an incentive housing development, as defined in section 8-13m, who has registered with the Commissioner of Housing to be notified of any such state surplus land. In the case of a proposed lease of land, an improvement to land or an interest in land, or any part thereof, with a person, firm or corporation in the private sector, for a term of six months or more, the Commissioner of Administrative Services shall comply with such notice requirement by notifying in writing the chief executive officer of the municipality or municipalities in which the land, improvement or interest is located and the members of the General Assembly representing any such municipality, not less than two weeks before seeking the [approval of said secretary, board and committees,] approvals required under subsection (h) of this section concerning the proposed lease and the manner in which the lessee proposes to use the land, improvement or interest. If a proposed agreement for such a conveyance has not been submitted to the State Properties Review Board pursuant to subsection (h) of this section within one year after the Commissioner of Administrative Services provides the notice to any such municipality and such members of the General Assembly, or if the board does not approve the proposed agreement within two years after such notice, the Commissioner of Administrative Services may not convey such land, improvement or interest without again so notifying any such municipality and such members of the General Assembly.

(h) The Commissioner of Administrative Services shall obtain the approval of the proposed agreement for a conveyance of land, improvement, interest or part thereof under this section from (1) the Secretary of the Office of Policy and Management, (2) the State Properties Review Board, (3) the joint standing committees of the General Assembly having cognizance of matters relating to (A) state revenue, and (B) the purchase and sale of state property and facilities, and (4) if such land, improvement, interest or part thereof was purchased or improved with proceeds of tax-exempt obligations issued or to be issued by the state, the Treasurer. The Treasurer may disapprove such a conveyance only if the conveyance would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status. The Treasurer shall execute and deliver any deed or instrument necessary to convey the title to any property the sale or exchange of which or a contract for the sale or exchange of which is authorized by this section.

Sec. 3. Section 4a-67d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The fleet average for cars or light duty trucks purchased by the state shall: (1) On and after October 1, 2001, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least thirty-five miles per gallon and on and after January 1, 2003, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least forty miles per gallon, (2) comply with the requirements set forth in 10 CFR 490 concerning the percentage of alternative-fueled vehicles required in the state motor vehicle fleet, and (3) obtain the best achievable mileage per pound of carbon dioxide emitted in its class. The alternative-fueled vehicles purchased by the state to comply with said requirements shall be capable of operating on natural gas or electricity or any other system acceptable to the United States Department of Energy that operates on fuel that is available in the state.

(b) Notwithstanding any other provisions of this section, (1) on and after January 1, 2008: (A) At least fifty per cent of all cars and light duty trucks purchased or leased by the state shall be alternative-fueled, hybrid electric or plug-in electric vehicles, (B) all alternative-fueled vehicles purchased or leased by the state shall be certified to the California Air Resources Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, and (C) all gasoline-powered light duty and hybrid vehicles purchased or leased by the state shall, at a minimum, be certified to the California Air Resource Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, and (2) on and after January 1, 2012, one hundred per cent of such cars and light duty trucks shall be alternative-fueled, hybrid electric or plug-in electric vehicles. If the Commissioner of Administrative Services determines that the vehicles required by the provisions of this subsection are not available for purchase or lease, the Commissioner of Administrative Services shall include an explanation of such determination in the annual report described in subsection [(f)] (e) of this section.

(c) The provisions of subsections (a) and (b) of this section shall not apply to any [vehicle of the Department of Emergency Services and Public Protection that the Commissioner of Emergency Services and Public Protection designates as necessary for the Department of Emergency Services and Public Protection to carry out its mission, provided the Commissioner of Administrative Services approves of such designation and, in consultation with the Commissioner of Emergency Services and Public Protection, provides an explanation of why the provisions of subsections (a) and (b) of this section should not apply to such vehicles] emergency vehicle.

(d) As used in this section, (1) the terms "car" and "light duty truck" [shall be as defined] have the same meaning as provided in the United States Department of Energy Publication DOE/CE-0019/8, or any successor publication, (2) "emergency vehicle" means a vehicle used by the Department of Motor Vehicles, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Correction, State Capitol Police, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Children and Families, Department of Transportation, Judicial Department, Board of Pardons and Paroles, Board of Regents for Higher Education, The University of Connecticut or The University of Connecticut Health Center for law enforcement or emergency response purposes, and (3) "hybrid" means a passenger car that draws acceleration energy from two on-board sources of stored energy that consists of either an internal combustion or heat engine which uses combustible fuel and a rechargeable energy storage system, and, for any passenger car or light duty truck with a model year of 2004 or newer, that is certified to meet or exceed the California LEV (Low Emission Vehicle) II LEV Standard.

[(e) Not later than October 1, 2007, the Commissioner of Administrative Services shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes: (1) Details on the composition of the state fleet, including, but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Emergency Services and Public Protection, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, and (2) a copy of the determination made by the Commissioner of Energy and Environmental Protection pursuant to subsection (a) of section 2 of public act 07-4 of the June special session. The Departments of Transportation and Emergency Services and Public Protection shall submit all data requested of such departments by the Department of Administrative Services in connection with the preparation of such report.]

[(f)] (e) On or before January 1, 2008, and annually thereafter, the Commissioner of Administrative Services shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes: (1) Details on the composition of the state fleet, including, but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Emergency Services and Public Protection, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, (2) any changes to the determination made by the Commissioner of Energy and Environmental Protection pursuant to subsection (a) of section 35 of public act 07-4 of the June special session or any update concerning the waiver application submitted pursuant to subsection (a) of section 35 of public act 07-4 of the June special session, as applicable, (3) [a listing of any vehicle exempted pursuant to subsection (c) of this section along with the Commissioner of Administrative Services' explanation for such exemption, (4)] any changes or amendments to the plan required by subsection (b) of section 35 of public act 07-4 of the June special session, and [(5)] (4) any changes or amendments to the plan required by subsection (c) of section 35 of public act 07-4 of the June special session. The Departments of Transportation and Emergency Services and Public Protection shall submit all data requested of [such] said departments by the Department of Administrative Services in connection with the preparation of such report.

[(g)] (f) The Commissioner of Administrative Services may enter into any agreement necessary to carry out the provisions of [subsections] subsection (e) [and (f)] of this section.

[(h) For purposes of this section, "hybrid" means a passenger car that draws acceleration energy from two on board sources of stored energy that consists of either an internal combustion or heat engine which uses combustible fuel and a rechargeable energy storage system, and, for any passenger car or light duty truck with a model year of 2004 or newer, that is certified to meet or exceed the California LEV (Low Emission Vehicle) II LEV Standard.]

[(i)] (g) In performing the requirements of this section, the Commissioners of Administrative Services and Energy and Environmental Protection shall, whenever possible, consider the use of and impact on Connecticut-based companies.

Sec. 4. Subsection (a) of section 4b-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Every contract subject to this chapter shall include plans and specifications detailing all labor and materials to be furnished thereunder. Such specifications shall have a separate section for each of the following classes of work if, in the estimate of the awarding authority, the class of work will exceed [twenty-five] fifty thousand dollars: (1) Masonry work; (2) electrical work; (3) [mechanical work other than heating, ventilating and air conditioning work] plumbing; and (4) heating, ventilating and air conditioning work. Such specifications shall also have a separate section for each other class of work for which the awarding authority deems it necessary or convenient.

Sec. 5. Subsection (l) of section 4a-60g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(l) On or before August [first] thirtieth of each year, each awarding agency setting aside contracts or portions of contracts under subdivision (2) of subsection (b) of this section shall prepare a report establishing small and minority business state set-aside program goals for the twelve-month period beginning July first in the same year. Each such report shall be submitted to the Commissioner of Administrative Services, the Commission on Human Rights and Opportunities and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and government administration.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2017

6-38b(j)

Sec. 2

from passage

4b-21(f) to (h)

Sec. 3

from passage

4a-67d

Sec. 4

October 1, 2017

4b-93(a)

Sec. 5

from passage

4a-60g(l)

Statement of Legislative Commissioners:

In Section 2(g), "as defined in section 4-124i" was deleted for accuracy.

GAE

Joint Favorable Subst.

 

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: None

Municipal Impact: None

Explanation

The bill makes a series of process changes to various programs within the Department of Administrative (DAS) with regards to state property disposition, expanding the exemptions from fuel-efficiency requirements to include all emergency vehicles, and increasing the threshold requirements with respect to design-bid-build contracts. These statute revisions concerning DAS will not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sSB-991

AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

SUMMARY

This bill makes several changes with respect to statutes affecting the Department of Administrative Services (DAS). Among other things, it (1) requires DAS to consider offering surplus state property to abutting landowners before offering it for general sale; (2) expands the types of state-owned vehicles exempt from fuel-efficiency requirements to include all emergency vehicles; and (3) for design-bid-build contracts, increases, from $25,000 to $50,000, the threshold at which the contractor must include a separate section for specific sub-classes at work.

The bill also requires the State Marshal Commission, which is within DAS, to consult with the Judicial Department when adopting rules for the conduct of the commission's internal affairs. These rules must provide for, among other things, the provision of timely, consistent, and reliable access to a state marshal for people applying for certain restraining orders ( 1).

The bill additionally delays, from August 1 to August 30, the annual deadline by which state agencies and political subdivisions, other than municipalities, must notify DAS and other parties of their small contractor and minority business enterprise contracting set-aside goals for the current fiscal year ( 5). (By law, municipalities are not subject to this reporting requirement.)

Lastly, the bill makes technical changes.

EFFECTIVE DATE: Upon passage, except that the (1) State Marshal Commission provision is effective July 1, 2017, and (2) contracting provision is effective October 1, 2017.

2 — SURPLUS STATE PROPERTY

Existing law establishes numerous requirements concerning the disposition of surplus state property. Among other things, it requires DAS to first offer a surplus property to the municipality in which it is located if no state agencies express interest in the property. If the municipality declines to acquire the property, DAS may offer the property to other parties through a sale, lease, exchange, or other agreement. The bill requires DAS to consider offering surplus property to abutting landowners before offering it for general sale.

3 — FUEL EFFICIENCY REQUIREMENTS

The bill expands the types of state-owned vehicles exempt from state fuel-efficiency and emissions requirements to include all emergency vehicles. Current law exempts only those vehicles used by the Department of Emergency Services and Public Protection (DESPP) that the DESPP commissioner, subject to the DAS commissioner's approval, designates as necessary for the department's mission.

Specifically, the bill exempts vehicles from the following agencies if used for law enforcement or emergency purposes: DESPP, Motor Vehicles, Energy and Environmental Protection, Correction, State Capitol Police, Mental Health and Addiction Services, Developmental Services, Social Services, Children and Families, Transportation, Judicial Department, Board of Pardons and Paroles, Board of Regents for Higher Education, and UConn and the UConn Health Center. Unlike current law, the bill does not require the DAS commissioner to approve these designations or explain why the fuel-efficiency and emissions requirements should not apply.

Additionally, existing law requires the DAS commissioner to submit an annual report about the state vehicle fleet to the Energy and Technology, Environment, and Government Administration and Elections committees. The bill eliminates a requirement that the report include a listing of vehicles exempt for law enforcement purposes and the commissioner's explanation for these exemptions.

4 — DESIGN-BID-BUILD CONTRACTS

Existing law requires that state public works contracts using the design-bid-build delivery method include plans and specifications detailing all labor and materials to be furnished under the contract. Under current law, the specifications must separately list the following classes of work if the awarding authority estimates that they will exceed $25,000: (1) masonry; (2) electrical; (3) mechanical, other than heating, ventilating, and air conditioning; and (4) heating, ventilating, and air conditioning. The bill increases this threshold to $50,000 and renames the third class as “plumbing.”

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable Substitute

Yea

15

Nay

2

(03/24/2017)

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